HomeMy WebLinkAboutAgenda Packets - 2002/03/04
CITY OF MOUNDS VIEW
WORKSESSION AGENDA
MONDAY, MARCH 4, 2002
6:00 PM
CALL TO ORDER
ROLL CALL: Sonterre, Quick, Marty, Stigney, Thomas
Items Discussed Per Consensus
_______ 1. Schedule Special Work Session in March to Review Golf Course
Issues (please bring your calendars along) – Miller
_______ 2. Continued Discussion Regarding Purchasing Policy and Discuss
Claims List Options - Hansen
_______ 3. Personnel-Reed
_______ 4. Discussion regarding the re-organization of funds within the Annual
Financial Report and additional 2001 transfers between funds –
Hansen
_______ 5. Community Center—Miller
_______ 6. Budget Calendar-Hansen
_______ 7. Discuss proposed revisions to the Animal Ordinance- Brennan
_______ 8. Discuss procedures for soliciting and accepting
contributions/donations- Brennan
_______ 9. Discuss animal impound contract – Brennan
_______ 10. Discuss City Attorney’s Presentation at an Upcoming City Council
Meeting – Miller – oral report
_______ 11. Discuss Data Practices Policy and Outstanding Balances - Miller
_______ 12. Discuss Health Care Options – Reed – oral report
_______ 13. Discuss Policy Regarding Appointments to Commissions – Miller
oral report
Item No. 2
Type of Business: WK
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Charles Hansen, Finance Director
Item Title/Subject: Purchasing Policy
Date of Report: February 26, 2002
Attached is the latest draft of the proposed purchasing policy. This incorporates input
the City Council provided at the February 19, 2002 work session and input from city
staff. Changes to the policy since February 19 depict additions in italic type and
deletions in strike-out type. Highlights of the changes are as follows:
Section 2.5.5. A sentence on City Council approval was copied from Section 2.4
for consistency between purchases of goods and professional services.
Section 4.1. The words “elected official” were added throughout the section.
Section 4.1.A. The reference to IRS Guidelines was expanded upon for clarity
sake. At the City Council’s direction, the IRS per diem rate has been broken down for
instances where someone is traveling locally or for less than a full day. The IRS per
diem rate currently is $46.00 and the table below shows how this would breakout.
Breakfast 25% $11.50
Lunch 30% $13.80
Dinner 45% $20.70
Total 100% $46.00
Section 4.1.C.2 It was noted that this section covered the same subject as Section
4.3. Some of 4.3’s language was copied into 4.1 and then 4.3 was struck.
Section 4.2 This section was struck in the previous draft because it duplicated
areas covered by the Personnel Manual section 1.5. The new 4.2 is added to cover
meeting expenses which had been overlooked previously.
The Mounds View Personnel Manual Section 1.50 was duplicated in the draft
Purchasing Policy in order to avoid having conflicting regulations for employees.
Changes listed above will create inconsistencies between the Purchasing Policy and the
Personnel Manual. If the Purchasing Policy provisions are the City Council’s direction,
then the Personnel Manual should be amended to copy these provisions.
Respectfully Submitted,
Charles Hansen
CITY OF MOUNDS VIEW
PURCHASING POLICY
GENERAL DISCUSSION
1.1 AUTHORITY
The purchasing policies of the City of Mounds View are established
by the City Council under the City Charter, the City Code and state
statute.
1.2 PURPOSE
The purpose of this policy is to provide a legal process for the
purchase of materials and services that will be the right product, in
the right quality, in the right quantity, delivered to the right place, at
the right time, for the right price, to allow for the efficient and effective
delivery of public services to the citizens of the City of Mounds View.
1.3 BUDGET
Under state statute and City Charter, the annual adoption of the
budget shall constitute City Council appropriations for the year.
Budgetary control shall be exercised on the department and fund
levels.
1.4 RESPONSIBILITY
The City Administrator shall identify Department Heads or other staff who
shall be responsible for each fund or department in the annual budget. These
individuals shall be responsible for compliance with the annual budget and for
all expenditures for their departments and funds.
1.5 DECENTRALIZED PURCHASING
The majority of City purchases are decentralized, meaning that each
department handles procurement of materials and services needed
for their own operation. The responsibility lies with each department
to obtain bids or quotes, maintain records of bids or quotes, place
actual orders, receive deliveries, and approve invoices for payment.
To be uniform and save time and money in quantity purchases, the
City Administrator may assign a department to centrally purchase
some products. An example of this would be office supplies.
TYPES OF CONTRACTS AND PURCHASES
2.1 UNIFORM MUNICIPAL CONTRACTING LAW, CHAPTER 471.345
It shall be the policy of the City of Mounds View that the Uniform Municipal
Contracting Law, Minnesota Statutes Chapter 471.345 shall be the policy of
the city. Changes in this law will automatically become the policy of the city.
City policy may be more restrictive than State Law, but may not be less
restrictive.
2.2 MAJOR PURCHASES
Sealed bids shall be obtained by public notice for major contracts with
final award by the City Council. From 2002 onward, this shall be for
purchases over $50,000, per Chapter 471.345.
2.3 INTERMEDIATE PURCHASES
Three or more written quotes shall be obtained for intermediate
contracts with final award by the City Council. From 2002 onward,
this shall be for purchases between $5,000 and $50,000.
2.4 SMALL PURCHASES
Purchases may be made by at least two written quotes when possible, or in the
open market, at the discretion of the Department Head. From 2002 onward,
this shall be for contracts less than $5,000.
Department Heads shall advise the City Administrator prior to purchases
between $1,000 and $5,000. Purchases between $2,500 and $5,000 shall be
approved by the City Council if they were not part of the annual budget.
ONGOING SERVICE CONTRACTS
Contracts for ongoing services shall be submitted to the City Council
for approval regardless of their dollar amount.
2.5 PROFESSIONAL SERVICES
2.5.1 Applicability
This procedure applies to all advisory auditing, engineering, financial, legal,
personnel, technical, training, or other services.
2.5.2 Competency
Contract shall be made only with responsible consultants who have
the capability to successfully fulfill the contractual requirements.
Consideration shall be given to their past performance and
experience, their financial capacity to complete the project, the
availability of personnel, and other appropriate criteria.
2.5.3 Solicitation
The nature of the professional service shall be illustrated in a request for
proposals for services of greater magnitude or in a description of work for
services of lesser magnitude. This shall be advertised or otherwise distributed
to likely and potential service providers commensurate with the value of the
contract.
2.5.4 Selection
Professional service providers shall be selected so as to provide the
best value to the City considering the difficulty of the work proposed,
its value to the City, the expertise and capacity of the consultant and
cost.
2.5.5 Award
All one-time contracts of over $5,000 and any ongoing service contracts shall
be awarded by the City Council. The City Administrator shall approve one-
time contracts less than $5,000. Contracts between $2,500 and $5,000 shall
be approved by the City Council if they were not part of the annual budget.
2.6 EMERGENCY PURCHASES
Occasions arise where an immediate purchase is necessary to
protect the life, health, safety, or convenience of the citizens or to
preserve the property of the City or its citizens.
To the greatest extent possible, normal purchasing procedures shall be
followed. However, when expediency is required to rectify an emergency
situation, any or all of these procedures may be waived. If possible, the City
Administrator shall be contacted to approve the purchase. In the absence of
the City Administrator, a Department Head shall approve the purchase and
report to the City Administrator at the earliest opportunity. A report to the
City Council shall be made at the next regular City Council meeting.
2.7 COOPERATIVE PURCHASING AGREEMENTS
Where a purchase contract has been awarded by the State of Minnesota,
another local government, a cooperative of local governments, or a federal
agency in compliance with applicable State Statutes, and where it is legally
permissible for the City of Mounds View to participate, a purchase may be
through the vendor named in that contract without advertising for bids or
obtaining quotes locally. The City Council or City Administrator must still be
notified and approve the purchase as defined in this policy.
2.8 ROUTINE PAYMENTS
The Finance Director may authorize certain routine payments with approval by
the City Council in the form of the Just and Correct Claims List. These
include: partial or progress payments on contracts or bids previously awarded
by the City Council; payments to federal, state, or other local governments
under a cooperative agreement previously approved by the City Council or as
required by law; payment of employee payroll withholdings, taxes, and
benefits; and payment of ongoing monthly utility services to city buildings and
properties. At a minimum, these costs shall be reviewed during the annual
budget preparation.
PAYMENT METHODS
3.1 JUST AND CORRECT CLAIMS LIST
A list of checks paid will be submitted for approval by the City Council
at each regular City Council meeting. Approved checks will be
released the following day. Any checks paid by means of Direct
Expense Authorization since the previous City Council meeting will
also be listed.
3.2 DEPARTMENTAL AUTHORIZATION OF INVOICE PAYMENTS
Each Department Head identified by the City Administrator as being
responsible for a department budget shall report to the Finance
Director any deputies they are authorizing to approve invoices for
payment. All authorized persons shall submit a sample of their
signature or initials to the Finance Department for verification of
invoice approvals.
3.3 DIRECT EXPENSE AUTHORIZATION
The Finance Director is authorized to approve immediate payment of
invoices, without waiting for the Just and Correct Claims List, in cases
where it is necessary make payment to avoid penalties, secure
discounts, or avoid disruption of city business. These payments will
be included in the next Just and Correct Claims List.
3.4 CREDIT CARDS
The City Council may authorize the issuance of credit cards to a limited
number of city employees per MN Statutes Chapter 471.382. Credit cards will
be issued to the City Administrator, Assistant City Administrator, and the
Finance Director. Credit cards may be used to make purchases in instances
where payment by check won’t work and extension of credit by the vendor
isn’t available. The Department Head needing to make such purchases shall
approach the credit card holders to make the purchase in the order of City
Administrator, Assistant City Administrator, and Finance Director. Detailed
documentation shall be secured either at the time of order or the time of receipt
for the service or product purchased. All provisions of the purchasing policy
apply to credit card purchases.
3.5 PETTY CASH
The petty cash fund is used for the purchase of small items needed at once.
The City Administrator shall authorize the number and location of petty cash
funds and the amount of cash deposited in each. To be reimbursed, an
employee must fill out a petty cash slip with their name, description of the
purchase, account to be expensed, and amount of reimbursement. A receipt,
invoice, or other documentation must accompany the slip. The Department
Head or their deputy must sign the petty cash slip.
3.6 CHARGE ACCOUNTS
In certain cases, it will be advantageous to open charge accounts with local
businesses and vendors which allow employees to purchase needed goods and
services with periodic (usually monthly) billing to the city. Employees must
sign sales slips or other vendor documentation at the time of sale and submit
any documentation received to their supervisor. The creation of any new
charge accounts will be approved by the Finance Director.
MISCELLANEOUS
4.1 TRAVEL, CONFERENCES, SCHOOLS, & TRAINING
The City will reimburse elected officials and employees for
reasonable business travel expenses incurred while on assignments
away from the normal work location. All out of state business travel
must be approved in advance by the City Administrator Council. The
Department Head must approve all in state business travel in
advance.
When approved, the cost of airfare, lodging, and registration may be
paid by check or credit card to the vendor in advance of the travel
date.
The travel policy is stated in section 1.50 in the Personnel Manual as
follows:
POLICY: TRAVEL EXPENSES SECTION:
1.50
A. Meals
B. Lodging
C. Transportation
1. Airline
2. Automobile
D. Reimbursement
An elected official’s or employee’s expenses incurred while conducting City
business or attending approved conferences or training are paid by the
City. Expenses incurred by a spouse or other person attending a
conference with an elected official or employee must be paid by the elected
official or employee.
A. MEALS
Reimbursement for meals while on travel is only for actual expenditures. The
reimbursement rate within Minnesota will follow the IRS Guidelines per diem
rate for meals and incidental expenses for the Minneapolis/St. Paul locality.
For simplicity’s sake, the Minneapolis/St. Paul rate shall be used for travel
anywhere in the U.S. However, the amount may be adjusted for travel outside
of Minnesota. Specifically, per diem covers expenses for breakfast, lunch,
dinner, and related tips and taxes; tips to porters, baggage carriers, bellhops,
and maids; and other incidentals. Liquor is not an allowable expense.
When traveling locally or for less than a full day, the maximum allowance for
meals, including tax and tip, shall be the following percentages of the full day
per diem:
Breakfast 25%
Lunch 30%
Dinner 45%
B. LODGING
The actual cost for lodging is paid by the City. Room service,
personal telephone calls and other extras must be paid for by the
elected official or employee. A telephone call home of reasonable
length will be paid if the elected official’s or employee’s schedule has
changed, and the return time/date is different than originally planned.
C. TRANSPORTATION
1. Airline
The actual cost for coach class is paid by the City. Prizes, bonuses or free trips
awarded by the airlines as a result of travel paid by the City, become the
property of the City and may not be accepted for personal use.
Airline Travel Credits: Minnesota Statutes §15.435
Whenever City funds are used to pay for airline travel by an
elected official or employee, the elected official or employee for
whom the ticket is purchased is responsible for ensuring airline
travel credits (i.e., frequent flyer miles) or benefits resulting from
the travel are transferred to the City.
This policy applies to all airline travel paid for by the City for City
elected officials or employees.
2. Automobile
If an elected official or employee uses his or her own personal
vehicle, he or she will be reimbursed for the amount allowed by the
IRS Guidelines permitted basic mileage rate. However, staff cars are
to be used in most instances. This amount will automatically be
adjusted per the IRS Guidelines and recognized by the City. Actual
costs for parking fees will be reimbursed. Parking receipts are
required. The appropriate forms must be completed and approved by
the Department Head or Deputy. See Vehicle Use Section 1.55 for
automobile usage.
D. REIMBURSEMENT
Elected officials or employees must complete an expense statement
form and attach receipts for any allowable meals, lodging,
transportation and/or parking expenses incurred. After obtaining
Supervisor approval, submit the completed form to the Finance
Department. All expenses must be supported by receipts.
4.2 MEETING EXPENSES
Expenses for business meetings that incorporate a meal into other
training, business, or official activities shall not be limited by the per
meal costs defined in section 4.1.A in recognition that some of the
cost will be for non-meal elements of the event.
4.3 MILEAGE & PARKING EXPENSES
Use of a private automobile by an elected official or employee for a city
purpose will be reimbursed at the Internal Revenue Service’s permitted basic
mileage deduction rate. Actual costs for parking fees will be reimbursed.
Parking receipts are required. The appropriate forms must be completed and
approved by the Department Head or Deputy.
4.4 MEMBERSHIPS
Memberships in professional organizations shall be listed in the proposed
budget and be reviewed during the budget process. Memberships not listed in
the budget will need to be approved by the City Administrator prior to
payment.
Item No. 3B
Meeting Date: March 4, 2002
Type of Business: WK
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Givonna Reed, Assistant City Administrator
Item Title/Subject: Reclassification of Parks Foreman Position
Date of Report: February 27, 2002
Prior to his departure, former Public Works Director, Mike Ulrich, revised the position
description for the Parks Foreman and asked the Council to reclassify the Parks
Foreman to Parks Supervisor. The Council indicated that it would consider this in
conjunction with the 2002 budget.
Ann Antonsen of Labor Relations has reviewed the proposed Parks Supervisor position
description. She believes that reclassifying this position to a Parks Supervisor would
infringe on the role of the Public Works Director and may, therefore, be inconsistent with
the City’s goals. Ms. Antonsen does recommend, however, that a number of steps be
taken to properly classify this position as a Parks Foreman. Those steps will be
discussed in the “Recommendation” section of this report.
Background
Although staff has been unable to locate a resolution approving the reclassification from
Maintenance Worker to Parks Foreman, I have located numerous documents indicating
that this issue was discussed, leading to the belief that reclassification was the intent.
Also, on August 10, 1998, the Council adopted Resolution 5257 which illustrates the
City’s organizational chart, which includes the Parks Foreman position.
The Original HAY Points for the Parks Foreman Position
My research shows that in 1998, during the transition from PDI to HAY, the Parks
Maintenance Worker position description was revised, in recognition that the position
had evolved over time.
In a recent conversation with the Parks Foreman, he recalled that in 1998 he was
advised that his position would receive half (273 pts) of the HAY points of the Parks
Director position (525 pts). Handwritten notes from 1998 and a draft pay equity report
support this statement. At the time, however, benchmark options available for Foreman
and Maintenance Supervisors were 320 HAY points and 385 HAY points respectively.
The rationale for setting the points at 276 is unclear at this time.
In June, 1998 a Parks Foreman position description was created. However, in a memo
dated August 19, 1998, Cari Schmidt informed Chuck Whiting that the title for the Parks
Maintenance Worker had changed to Parks Maintenance Supervisor and that the HAY
points would be set at 276. Despite this memo, for at least the last two years the
position has been commonly referred to Parks Foreman.
Compensation for the Parks Foreman
A draft pay equity report from July 1998 indicates that, at the time, the maximum base
salary for the Parks Foreman was $35,364, the same maximum salary for all other PW
bargaining unit employees. As compensation for his increased responsibilities, the
Parks Foreman received Lead pay ($1.00 per hour) per the Public Works bargaining
agreement. The Parks Foreman has indicated that this approach was taken in lieu of
increasing his base wage because this approach was used when the PW Foreman was
promoted from Maintenance Worker to Leadperson.
On average, over the last couple years, the Parks Foreman has earned approximately
$43,735 annually. This includes:
• base pay
• lead pay ($1.00 per hour)
• overtime, and
• call-out pay.
In 2001 the Parks Foreman received extra duty pay (7.5%) for maintaining the golf
course in the absence of a Superintendent. In addition, he worked many more overtime
hours than usual to cover the golf course. These factors caused a significant increase
in the Parks Foreman’s total annual salary for 2001, which was $49,000 (this figure is
not included in the average listed above).
LRA Recommendation
As mentioned above, Labor Relations believes that the proposed Parks Supervisor
position is more advanced than what the City may want or need. LRA does, however,
recommend that the Council take formal action to properly classify the Parks Foreman
position. Those recommendations are as follows.
• remove the position from the PW bargaining unit
• set HAY points at 320 which is consistent with the benchmark for the Parks
Foreman
• classify the position as “exempt” per FLSA guidelines
• approve current position description with noted amendments
• set maximum annual salary at $47,000 (the increase is budgeted for 2002)
• move the incumbent to step five ($47,000) of the revised pay scale effective
Jan. 1, 2002
Item No. 3C
Meeting Date: March 4, 2002
Type of Business: WK
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Givonna Reed, Assistant City Administrator
Item Title/Subject: Reclassification of PW Foreman Position
Date of Report: February 27, 2002
As you know, prior to his departure, the former Public Works Director, Mike Ulrich,
revised the position description for the Public Works Foreman and asked the Council to
consider reclassifying the position to a Maintenance Supervisor. The Council indicated
that it would consider this issue in conjunction with the 2002 budget.
Ann Antonsen of Labor Relations Associates has reviewed the revised position
description but did not recommend a salary adjustment for the Public Works Foreman
position. After reviewing the proposed Maintenance Supervisor position description, Ms.
Antonsen indicated that it resembles a PW Superintendent (which is higher than a
Supervisor) and, therefore, impedes considerably on the role of the Public Works
Director and, thus, greatly diminishes the need for a Public Works Director.
Background
• 1992
o Mike Ulrich promoted from PW Foreman to PW Supervisor
o PW Foreman position eliminated.
• 1994
o Mike Ulrich promoted from Supervisor to PW Director
o Tim Pittman promoted from Maintenance Worker to Leadman to serve as
second-in-command.
o Supervisor position eliminated.
• 1996
o PW Foreman position “re-created” and Tim Pittman promoted to this
position.
• 1998
o City switched from PDI to HAY job evaluation system
o PW Foreman position pointed at 385
PW Foreman Reclassification
February 25, 2002,
Page 2
Pointing the PW Foreman Position
In 1998, benchmark options for the PW Foreman position were:
• 320 points for a PW Foreman, and
• 385 points for a Maintenance Supervisor.
In speaking with the Parks Foreman, I was advised that during the transition from PDI to
HAY it was determined that the Public Works Foreman would be given half (366) of the
point value of the PW Director position (732). If this is the case, points were then
rounded up to 385, which is where they currently are and have been since the City
switched to HAY.
Ms. Antonsen has indicated that the PW Foreman position was pointed high—as a
Maintenance Supervisor-even though the position may not have functioned as a
Supervisor. In comparing the current PW Foreman position description to the City’s old
Supervisor description, staff found that the former did not contain some essential
components of the latter. Those components that were excluded are:
• assumes the duties of the Public Works Director during the absence of the PW
Director;
• assists in collective bargaining with maintenance employees;
• supervises fleet maintenance operations;
• ensures that PW staff is properly trained; and
• demonstrates an ability to work independently making decisions based on City
policies.
• supervision of the Administrative Assistant
Compensating the PW Foreman Position
In January 1996, the maximum annual salary for the PW Foreman was set at $42,600.
Currently, the PW Foreman is at the top of the salary range for his position, $51,357.84.
The annual salary is consistent with that of other Stanton Group 6 Maintenance
Supervisors. In 2002, the average annual maximum salary for Stanton Group 6
Maintenance Supervisors is approximately $52,642. As you can see, the PW Foreman
is approximately $1300 below the average annual maximum salary for Maintenance
Supervisors.
Reclassifying the PW Foreman Position to Superintendent
Given that the PW Foreman position is currently pointed and compensated as a
Supervisor, the next step up from a Supervisor is a Superintendent. However,
Ms. Antonsen has reported that Superintendents are typically the top position in
organizations that do not have department directors or they are division heads in larger
cities.
PW Foreman Reclassification
February 25, 2002,
Page 3
Minimum benchmark points for a PW Superintendent would be 430, comparable to
points for the Mounds View Deputy Police Chief position. The 2002 average annual
maximum salary for Superintendents in Stanton Group 6 cities is approximately $63,984,
which is comparable to annual salaries for Mounds View’s Deputy Police Chief and
Sergeants.
As mentioned earlier, Ms. Antonsen believes that reclassifying the PW Foreman to a
Superintendent would be inconsistent with the City’s goals, and would also diminish the
need for a Public Works Director.
Recommendation from Labor Relations
Ms. Antonsen believes that the current PW Foreman position is being compensated
appropriately based on the job duties and market value. She suggested that staff make
the Council aware of her findings and get additional direction from the Council before
any changes are made.
Staff Recommendation
At this time, staff is not recommending a reclassification for the Public Works Foreman.
However, there are some responsibilities that have not been included in the current
position description that staff would like to have evaluated by the PW Director and Labor
Relations. These responsibilities may warrant a salary adjustment. Staff would like to
come back to the Council at an upcoming work session with additional information.
Item No. 6
Type of Business: WK
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Charles Hansen, Finance Director
Item Title/Subject: Budget Calendar
Date of Report: February 26, 2002
Attached is a draft calendar for preparation of the 2003 Budget and Long Term
Financial Plan. There are several requirements in the City Charter and State Statutes
that need to be met. Many Truth in Taxation requirements were suspended during
2001, but we should assume they will be back in effect this year.
Budget dates that reflect Charter or Statutory requirements are in bold type. We have
more flexibility in setting other dates. Dates were selected based upon estimated work
requirements and existing dates for City Council work sessions. Additional meetings for
City Council discussion can be added as needed.
Work on the Long Term Financial Plan is integrated into the budget calendar. Long
Term Financial Plan dates are shown in italic type.
City Charter Section 7.04 requires the City Council to adopt a budget calendar by
resolution. This should be done in the near future.
Respectfully Submitted,
Charles Hansen
City of Mounds View
2003 Budget & Long Term Financial Plan Calendar
Apr 1, 2002 Begin work on long-term capital projects needs.
May 13, 2002 Finance Department begins preparing budget work papers.
June 3, 2002 Departments begin preparing operating budget requests.
June 3, 2002 Long-term capital projects needs list due.
June 28, 2002 Operating budget requests due from departments.
July 12, 2002 Summary of operating budget requests due.
July 15, 2002 Work on utility rate study begins.
July 15-26, 2002 Staff reviews operating budget requests and capital projects.
August 5, 2002 City Council reviews operating budget at work session.
August 23, 2002 Utility rate study due.
September 3, 2002 City Council reviews utility rate study at work session.
September 3, 2002 Departments begin preparing 5 year operating budgets.
September 9, 2002 City Council adopts preliminary 2003 property tax levy and sets date
for the Truth in Taxation Public Hearing.
Sept. 20, 2002 Proposed 5 year operating budgets due.
Sept 23- Nov 4 Additional City Council work sessions as needed.
Sept 23 – Oct 18 Finance works on 5 year operating budgets and revenues
Oct. 4, 2002 Articles due for Mounds View Matters newsletter.
Oct. 31, 2002 City distributes newsletter with proposed budget.
Nov 4, 2002 City Council reviews Long Term Financial Plan.
Nov. 12, 2002 City Council adopts utility rates for 2003.
December 2, 2002 Truth in Taxation Public Hearing
December 9, 2002 Continuation hearing and adoption of 2003 Budget and tax levy. Public
hearing for ordinance to adopt Long Term Financial Plan.
City of Mounds View
Page 1
Item No.7
Type of Business: WK
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Tim Brennan, Deputy Police Chief/Acting Chief
Item Title/Subject: Revision of Chapter 701: Animals
Date of Report: March 4, 2002
NATURE OF REPORT: Late in 2001 we began looking into revising Chapter 701 of our
Municipal Code which deals with Animals. We found that the language in our ordinance did not
adequately address possible scenarios involving vicious dogs. We obtained model ordinances
from other cities and one model from the League of MN Cities. We compared our existing
ordinance to these samples and also to State Statute. Over the past couple months the
Community Service Officer and myself have gone over all of these documents and tried to
customize our ordinance into a document that would clearly define the city’s expectations in
regards to animals. Attached you will find our existing ordinance with the changes indicated in
blue lettering or strikeouts.
The changes are too numerous to list, but basically we tried to eliminate vague wording. We also
tried to format the layout in a way that seemed to flow more logically. We tried to insert
language that addresses those problems we find ourselves dealing with on a more frequent basis.
And finally, we tried to address issues in a manner that will help to ensure the safety and
enjoyment of the greatest number of citizens of Mounds View.
Respectfully submitted,
_____________________
Tim Brennan
Deputy Police Chief/Acting Chief
City of Mounds View
Page 2
TITLE 700
POLICE REGULATIONS
Subject Chapter
Animals and Animal Control ................................. 701
Offenses .................................................................. 702
Minors ................................................................... 703
701.01 701.02
CHAPTER 701
ANIMALS AND ANIMAL CONTROL
SECTION:
701.01: Community Service Officer
701.02: Pound Established
701.03: Definitions
701.04: Dogs
701.05: Domestic Animals Prohibited Activities
701.06: Raising of Animals Raising / Keeping Domestic Animals
701.07: Wild Animals Non-Domestic / Wild Animals
701.08: Violation of Provisions
701.01: COMMUNITY SERVICE OFFICER:
Subd. 1. Office Established: The Council shall, from time to time, appoint such person as the
Council may deem necessary and advisable as Community Service Officer to work with the
police officers in the enforcement of this Chapter and shall be vested with all authority
conferred hereby. The Council may provide for such compensation for a Community
Service Officer as it may deem reasonable.
Subd. 2. Powers and Duties: The Community Service Officer and any police officer are
empowered to and shall take up and impound any dogs found anywhere, including dogs
found on the private property of their owners, within the City in violation of this Chapter.
The Community Service Officer is further empowered and instructed to enter any private
premises where the officer has reasonable cause to believe there is an unlicensed dog or a
City of Mounds View
Page 3
dog, which is in violation of any of the provisions of this Chapter. (Ord. 460, 4-24-89)
701.02: POUND ESTABLISHED: The City Council may designate, by resolution, a
privately owned and operated facility designed and operated to house animals with qualified
personnel who shall attend to the facility and animals contained therein as the Municipal Pound.
Such facility may be located within or without Municipality. (Ord. 460, 4-24-89)
City of Mounds View
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701.03: DEFINITIONS:
ANIMAL. Any mammal, reptile, amphibian, fish, bird (including all fowl and poultry) or other
member commonly accepted as part of the animal kingdom. Animals shall be classified as
follows:
(1) DOMESTIC ANIMALS. Those animals commonly accepted as domesticated
household pets. Unless otherwise defined, domestic animals shall include dogs, cats,
caged birds, gerbils, hamsters, guinea pigs, domesticated rabbits, fish, non-
poisonous, non-venomous and non-constricting reptiles or amphibians, and other
similar animals.
(2) FARM ANIMALS. Those animals commonly associated with a farm or performing
work in an agricultural setting. Unless otherwise defined, farm animals shall
included members of the equestrian family (horses, mules), bovine family (cows,
bulls), sheep, poultry (chickens, turkeys), fowl (ducks, geese), swine (including
Vietnamese pot-bellied pigs), goats, bees, and other animals associated with a farm,
ranch, or stable.
(3) NON-DOMESTIC / WILD ANIMALS. Those animals commonly considered to
be naturally wild and not naturally trained or domesticated, or which are commonly
considered to be inherently dangerous to the health, safety, and welfare of people.
Unless otherwise defined, non-domestic / wild animals shall include:
(a) Any member of the large cat family (family felidae) including lions, tigers,
cougars, bobcats, leopards and jaguars, but excluding commonly accepted
domesticated house cats.
(b) Any naturally wild member of the canine family (family canidae) including
wolves, foxes, coyotes, dingoes, and jackals, but excluding commonly accepted
domesticated dogs.
(c) Any crossbreeds such as the crossbreed between a wolf and a dog, unless the
crossbreed is commonly accepted as a domesticated house pet.
(d) Any member or relative of the rodent family including any skunk (whether or
not descented), raccoon or squirrel, but excluding those members otherwise
defined or commonly accepted as domesticated pets.
(e) Any poisonous, venomous, constricting, or inherently dangerous member of
the reptile or amphibian families including rattlesnakes, boa constrictors, pit
vipers, crocodiles and alligators.
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(f) Any other animal which is not explicitly listed above, but which can be
reasonably defined by the terms of this section, including but not limited to
bears, deer and game fish.
(4) AT LARGE. Off the premises of the owner and not under the custody and control
of the owner or other person, either by leash, cord, chain, or otherwise restrained or
confined.
(5) DOG. Both the male and female of the canine species, commonly accepted as
domesticated household pets, and other domesticated animals of a dog kind.
(6) OWNER. Any person or persons, firm, association or corporation owning, keeping,
or harboring an animal.
(7) PRIVATE PROPERTY. All premises owned by private individuals, including all
structures located thereon, front yards, side yards and backyards.
(8) DOG KENNEL:
(a) Residential: Any premises where more than two (2) dogs but not more than
four (4) dogs over six (6) months of age are owned, boarded, bred or offered for
sale.
(b) Commercial: Any premises where more that four (4) dogs over six (6) months
of age are owned, boarded, bred or offered for sale.
(9) SUBSTANTIAL BODILY HARM. A temporary but substantial disfigurement or a
temporary substantial loss or impairment of the functions of any bodily member or
organ, or a fracture of any bodily member.
(10) CITY. Area within the corporate limits of the City of Mounds View.
(11) VICIOUS ANIMAL. Any animal of a ferocious or vicious character, habit, or
disposition, or any animal which has
(a) killed or inflicted substantial bodily harm on a domestic animal without
provocation, or
(b) been involved in two (2) or more unprovoked biting incidents, involving
humans or domestic animals, within one year.
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701.03: DOGS:
Subd. 1. Definitions: When used in this Section, the following words and phrases shall have the
meanings ascribed to them in this subdivision:
a. RUNNING AT LARGE: Any dog which is not either: (1) Effectively contained within
a fenced area on private property; or (2) Effectively restrained by chain or leash to
private property with the consent of the property owner; or (3) Effectively restrained by
a chain or leash not exceeding six feet (6’) in length; or (4) Effectively under the control
of an owner by means of a command or signal and on the owner’s premises. (Ord. 613,
4-13-98)
701.04: DOGS:
(a) Running at large prohibited. It shall be unlawful for the dog of any person who
owns, harbors, or keeps a dog, to run at large.
(b) Howling and barking. It shall be unlawful for any person to own, keep, have in
his/her possession, or harbor any dog which, by frequent and habitual howling,
yelping, barking or otherwise shall cause serious annoyance or disturbance to
persons or to the neighborhood; provided, that the provisions of this section shall not
apply to duly authorized hospitals or clinics conducted for the treatment of small
animals.
(c) Clean up. Any person having the custody or control of any dog shall:
(1) Not permit the dog to be on public property or the property of another without
having in their immediate possession a device for the collection and removal
of feces and a container for the transport of the feces to a proper receptacle.
(2) Remove feces left by a dog to a proper receptacle located on the custodian’s
property or that of the dog owner, except that droppings in a park may be
placed in an outside park trash container.
(3) The provisions of this section shall not apply to guide dogs accompanying a
blind person or to a person with dogs engaged in search or rescue activities.
(d) Damage to property. No dog owner shall permit a dog to damage any lawn, garden
or other property.
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(e) Licensing and tags.
(1) License required; fee established: No dog owner shall keep any dog over six
(6) months of age within the Municipality unless a license has been issued by
the Clerk-Administrator for a fee established by City Council resolution.
License shall be renewed biennially. The fee for licenses obtained for a
period of one (1) year or less shall be one-half (1/2) of the above fees.
(2) Rabies inoculation certificate: A certification from a veterinarian shall
accompany an application indicating the following:
(a) That the dog has been inoculated for rabies within two (2) years from the
date of application.
(b) That said dog has been spayed or neutered, when a license is being sought
for a spayed female or neutered male.
(3) Expiration: All licenses issued under this Chapter shall expire on September
31 of the year of their expiration.
(4) Payment of fee: It shall be the duty of each owner of a dog to pay the biennial
license fee imposed to the Clerk-Administrator before September 1 in the year
which licenses are to be renewed or upon acquiring ownership or possession
of any unlicensed dog or upon establishing residence in Mounds View. The
Clerk-Administrator shall cause a notice of the necessity of paying such
license fee to be printed in the City Newsletter one (1) time before the August
15 of the year in which licenses expire.
(5) Receipts and tags: Upon payment of the license fee, the Clerk-Administrator
shall execute a receipt in duplicate. The Clerk-Administrator shall deliver the
original receipt to the person who paid the fee, retaining the duplicate. The
Clerk-Administrator shall give an appropriate tag to the owner. The tags shall
be metallic and shall be of a different size and design each license period.
(6) Affixing tags: The owner shall cause said tag to be affixed by a permanent
metal fastener to the collar of the dog so licensed in such manner that the tag
may be easily seen. The owner shall see that said dog constantly wears the
tag.
(7) Duplicate tags: In case any dog tag is lost, a duplicate may be issued by the
Clerk-Administrator upon presentation of a receipt showing payment of a
license fee for the current year. A charge of two dollars ($2.00) shall be made
for each duplicate tag.
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(8) Change of address: An owner who has obtained a dog license shall notify the
Clerk-Administrator of owner’s address changes within the corporate limits of
the City during the life of the dog and within ten (10) days of any address
change.
(9) Refunds: No dog tag shall be transferred and no refunds shall be made on any
license fee because of leaving the Municipality or death of the dog before the
expiration of the licensing period.
(10) Offense involving tags: It shall be unlawful to counterfeit or attempt to
counterfeit the tags provided for herein or for any person other than the owner to
take from any dog a tag legally placed upon it by its owner.
(f) Rabies bites:
(1) Whenever the Community Service Officer determines that any dog has bitten
any person, such dog may be deemed to be vicious for the purpose of this
Chapter. Such animal shall be impounded for a period of then (10) days or
more at the expense of the owner of said animal. Except for the time limit,
disposition or redemption shall be in accordance with provisions of this
Chapter. The quarantine required by this subdivision shall not be necessary
and the requirements may be waived whenever the owner of such dog,
immediately upon receipt of notice that a dog in the owner’s control or
possession has bitten a person, presents to the Community Service Officer or a
police officer a certificate of a licensed veterinarian indicating that the dog has
been vaccinated for rabies on a date not less than twenty four (24) months
prior to the date of such notice.
(2) No person shall own or harbor a dog that has been bitten by any animal
known to have been afflicted with rabies. Any person who shall have in that
person’s possession a dog which has been bitten by an animal known to have
been afflicted with the rabies shall, upon demand of the proper official or any
police officer of the Municipality, produce and surrender said dog to said
officer to be held for observation and/or treatment. With the approval of the
Official or Officer, any such dog may be surrendered to a registered
veterinarian or to any approved nonprofit corporation organized for the
purpose of sheltering dogs.
(g) Impoundment and redemption:
(1) Fees: the owner or keeper may redeem any dog impounded under this section
by payment of an impoundment fee, boarding charge and veterinary service
charge. Fees not already set by the pound shall be determined by the City
Council per resolution.
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(2) Upon purchase or presentation of a current license tag and a receipt for dog
license for the current year and for the fees provided for in subdivision 6b
hereof, the Point shall release to any owner the dog claimed by him upon
adequate proof of ownership.
(3) Disposition of unredeemed animals: Any dog which is not redeemed within
the time allowed by this Chapter may be sold for not less than the amount
provided in “Fees” above, to anyone desiring to purchase the same, if not
requested by a licensed education or scientific institution under Minnesota
Statutes 35.71. All sums received above the costs and tax shall be placed by
the clerk in the general fund of the city. Any dog, which is not claimed by the
owner or sold, shall be disposed of.
(4) Time for redemption: All impounded dogs shall be redeemed within five (5)
days, not including Sundays or legal holidays, after the same was impounded.
Any such animal not redeemed within such time may be sold, destroyed or
otherwise disposed of.
(5) Summary destruction of dogs: Any dog which is not claimed or redeemed as
provided in subdivision (4) above within five (5) days after impounding, may
be sold at a fair and reasonable price to anyone desiring to purchase the dog if
not requested by a licensed educational or scientific institution under
Minnesota Statutes 35,71. All sums received above the costs and license fee
shall be held by the Clerk-Administrator for the benefit of the owner and, if
not claimed in one year, such funds shall be placed in the General Fund of the
Municipality. Any dog, which is not claimed by the owner or sold, shall be
painlessly killed and disposed of by the Pound.
(6) Guard dogs:
(a) Businesses located within the City and maintaining a guard dog for
security purposes shall post notice at the entrance to the premises of
the presence of said dog.
(b) Businesses maintaining a guard dog shall file with the City a release
authorizing the Police or Fire Department to shoot said dog in an
emergency situation, if necessary, in order to allow a police officer or
firefighter to gain admittance to the premises in the performance of
his/her duties.
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(h) Confinement of dogs in heat:
(1) Every dog shall be restrained off the premises of its owner by means of a
leash not to exceed six feet (6’) in length and every dog in heat shall be
confined in a building during such entire period and until such dog shall not
attract other dogs on account thereof. All dogs shall be confined on the
premises of their owners by leash or by adequate fencing.
(2) The owner of any dog shall not permit said dog to be on any public beach,
school playground, public playground or public park unless such dog is
leashed and under the control of said owner or an agent.
(3) Any police officer or Community Service Officer of the Municipality shall
take up and impound any dog found in violation of this subdivision and
release it only upon the payment of fees as provided for in this Chapter.
(i) Kennels:
(1) Conformance with Provisions:
(a) Residential: Any premises where more than two (2) dogs, but not
more than four (4) dogs over six (6) months of age are owned,
boarded, bred or offered for sale.
(b) Commercial: Any premises where more than four (4) dogs over six
(6) months of age are owned, boarded, bread or offered for sale.
(2) Licensing requirements: All dog kennels, residential or commercial, as
defined above, must be established by a special use permit as required in Title
1100 of this Code. The zoning classifications as required under Chapter 1103
and Section 1104.02 of this Code must be conformed with. Notwithstanding
any provision to the contrary in Title 1100 of this Code, the owner of a
proposed dog kennel shall present a petition to the Council signed by over
fifty percent (50%) of all registered landowners or those occupying lad within
five hundred feet (500’) of the property to be affected, upon the receipt of
which the council will then set the hearing for the special use permit as
provided for in Title 1100 of this Code. The petition shall contain, among
other items of information, how many dogs the petitioner intends to keep on
the premises.
(3) License fee: The annual license fee for dog kennels shall be established by
resolution of the City Council. Said license fees are due September 1 of each
year.
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(4) Cleanliness and order; nuisance declared: Kennels and premises used
therefore shall be kept in a clean, quiet, orderly and sanitary condition so as
not to constitute a nuisance as defined in Minnesota Statutes, section 561.01.
In determining whether a nuisance exists, consideration shall be given to the
kennel’s location, location of other residences and general character of the
neighborhood. (Ord. 460, 4-24-89; 1993 Code)
b. DOG KENNEL:
(1) Residential: Any premises where more than two (2) dogs but not more than four
(4) dogs over six (6) months of age are owned, boarded, bred or offered for sale 1.
(2) Commercial: Any premises where more than four (4) dogs over six (6) months
of age are owned, boarded, bred or offered for sale.
c. OWNER: Any person, firm, partnership or corporation owning, harboring or keeping a
dog.
d. VICIOUS DOG: One that is habitually unruly and untamed, or one that is a general
public nuisance. (Ord. 460, 4-24-89; 1993 Code)
Subd. 2. Cruelty to Dogs: Minnesota Statutes, sections 343.20 to and including 343.37 are hereby
adopted by reference and shall be in full force and effect in the City as if set out here in full.
Subd. 3. Licensing and Tags:
c. Expiration: All licenses issued under this Chapter shall expire on September 31 of the
year of their expiration.
d. Payment of Fee: It shall be the duty of each owner of a dog to pay the biennial license
fee imposed in subdivision 3a hereof to the Clerk-Administrator before September 1 in the
year which licenses are to be renewed or upon acquiring ownership or possession of any
unlicensed dog or upon establishing residence in Mounds View. The Clerk-Administrator
shall cause a notice of the necessity of paying such license fee to be printed in the City
Newsletter one (1) time before the August 15 of the year in which licenses expire.
e. Receipts and Tags: Upon payment of the license fee, the Clerk-Administrator shall
execute a receipt in duplicate. The Clerk-Administrator shall deliver the original receipt to the
person who paid the fee, retaining the duplicate. The Clerk-Administrator shall give an appropriate
tag to the owner. The tags shall be metallic and shall be of a different size and design each license
period
a. License Required; Fee Established: No dog owner shall keep any dog over six (6)
months of age within the Municipality unless a license has been issued by the
Clerk-Administrator for a fee established by City Council resolution. License shall be
1 See also subdivision 701.03(15) of this Code.
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renewed biennially. The fee for licenses obtained for a period of one (1) year or less shall be
one-half (1/2) of the above fees.
b. Rabies Inoculation Certificate: A certification from a veterinarian shall accompany an
application indicating the following:
(1) That the dog has been inoculated for rabies within two (2) years from the date of
application.
(2) That said dog has been spayed or neutered, when a license is being sought for a
spayed female or neutered male.
f. Affixing Tags: The owner shall cause said tag to be affixed by a permanent metal
fastener to the collar of the dog so licensed in such manner that the tag may be easily seen.
The owner shall see that the tag is constantly worn by said dog.
g. Duplicate Tags: In case any dog tag is lost, a duplicate may be issued by the
Clerk-Administrator upon presentation of a receipt showing payment of a license fee for the
current year. A charge of two dollars ($2.00) shall be made for each duplicate tag.
h. Change of Address: An owner who has obtained a dog license shall notify the
Clerk-Administrator of owner's address changes within the corporate limits of the City
during the life of the dog and within ten (10) days of any address change.
i. Refunds: No dog tag shall be transferred and no refunds shall be made on any license fee
because of leaving the Municipality or death of the dog before the expiration of the licensing
period.
j. Offense Involving Tags: It shall be unlawful to counterfeit or attempt to counterfeit the
tags provided for in subdivision 3f hereof or for any person other than the owner to take
from any dog a tag legally placed upon it by its owner.
. 4. Barking Dogs: No person shall keep or harbor a dog which habitually barks or cries.
Subd. 5. Damage to Property: No dog owner shall permit a dog to damage any lawn, garden or
other property.
Subd. 6. Vicious Dogs; Rabies Bites:
a. Whenever the Community Service Officer determines that any dog has bitten any person,
such dog may be deemed to be vicious for the purpose of this Chapter. Such animal shall be
impounded for a period of ten (10) days or more at the expense of the owner of said animal.
Except for the time limit, disposition or redemption shall be in accordance with the
provisions of this Chapter1. The quarantine required by this subdivision shall not be
1 See Subdivision 701.03(7) of this Chapter.
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necessary and the requirements may be waived whenever the owner of such dog,
immediately upon receipt of notice that a dog in the owner's control or possession has bitten
a person, presents to the Community Service Officer or a police officer a certificate of a
licensed veterinarian indicating that the dog has been vaccinated for rabies on a date not less
than twenty four (24) months prior to the date of such notice.
b. No person shall own or harbor a fierce or vicious dog or a dog that has been bitten by any
animal known to have been afflicted with rabies. Any person who shall have in that person's
possession a dog which has been bitten by an animal known to have been afflicted with the
rabies shall, upon demand of the proper health official or any police officer of the
Municipality, produce and surrender said dog to said officer to be held for observation
and/or treatment. With the approval of the Health Officer, any such dog may be surrendered
to a registered veterinarian or to any approved nonprofit corporation organized for the
purpose of sheltering dogs.
Subd. 7. Impoundment and Redemption Procedures:
a. Notice to Clerk-Administrator; Records: Upon taking up and impounding of any dog, as
provided, the operator of the Pound shall immediately notify the Clerk-Administrator of
such action, and the Clerk-Administrator shall keep a record at the Municipal office of all
dogs so impounded.
b. Redemption: Any dog may be redeemed from the Pound by the owner within seventy
two (72) hours by the payment to the Clerk-Administrator or Pound the license fee for the
current year as provided for in subdivision 3a of this Section, together with an impounding
fee according to the following schedule:
(1) First pickup during any twelve (12) consecutive months ............................ $25.00
(2) Second pickup during any twelve (12) consecutive months .......................... 50.00
(3) Third and all subsequent pickups during any twelve (12)
consecutive months ........................................................................................................... 75.00
(4) In addition, the current daily fee shall be charged for board for each day or part
thereof during the time the dog is impounded. The fees may be paid on authorization of the
Council to its agent, pursuant to an annual contract between the City and the designated
Pound beginning January 1 of each year providing for the impounding of dogs. All monies
collected pursuant to this subdivision shall be submitted by the Pound to the City on a
monthly basis.
c. Release: Upon purchase or presentation of a current license tag and a receipt for dog
license for the current year and for the fees provided for in subdivision 6b hereof, the Pound
shall release to any owner the dog claimed by that person upon adequate proof of
ownership.
d. Disposition of Unclaimed Dogs: Any dog which is not claimed or redeemed as provided
in subdivision 6c above within five (5) days after impounding, may be sold at a fair and
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reasonable price to anyone desiring to purchase the dog if not requested by a licensed
educational or scientific institution under Minnesota Statutes, section 35.71. All sums
received above the costs and license fee shall be held by the Clerk-Administrator for the
benefit of the owner and, if not claimed in one (1) year, such funds shall be placed in the
General Fund of the Municipality. Any dog which is not claimed by the owner or sold shall
be painlessly killed and disposed of by the Pound. (Ord. 613, 4-13-98)
Subd. 8. Summary Destruction of Dogs: Whenever the Community Service Officer or any police
officer has reasonable cause to believe that a particular dog presents a clear and immediate
danger to the residents of the City because it is infected with rabies or because of a clearly
demonstrated vicious nature, any Mounds View police officer, after making a reasonable
attempt to impound such dog, may summarily destroy said dog.
Subd. 9. Seeing Eye Dogs: Whenever a blind person accompanied by a "seeing eye dog" or guide
dog presents themselves for accommodation or service on any public transit vehicle or to a
restaurant, store or other place of business open to the public, it shall be unlawful for the
owner, manager, operator or any employee of such vehicle or place of business to refuse
admission to the dog or service to the blind person.
Subd. 10. Guard Dogs:
a. Businesses located within the City and maintaining a guard dog for security purposes
shall post notice at the entrance to the premises of the presence of said dog.
b. Businesses maintaining a guard dog shall file with the City a release authorizing the
Police or Fire Department to shoot said dog in an emergency situation, if necessary, in order
to allow a police officer or firefighter to gain admittance to the premises in the performance
of the officer's duties.
Subd. 11. Confinement of Dogs; Dogs in Heat:
a. Every dog shall be restrained off the premises of its owner by means of a leash not to
exceed six feet (6') in length and every dog in heat shall be confined in a building during
such entire period and until such dog shall not attract other dogs on account thereof. All
dogs shall be confined on the premises of their owners by leash or by adequate fencing.
b. The owner of any dog shall not permit said dog to be on any public beach, school
playground, public playground or public park unless such dog is leashed and under the
control of said owner or an agent 1.
c. Any police officer or Community Service Officer of the Municipality shall take up and
impound any dog found in violation of this subdivision and release it only upon the payment
of fees as provided for in this Chapter.
1 See also subdivision 905.15(1) of this Code.
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Subd. 12. Muzzling: Whenever the prevalence of hydrophobia or rabies renders such action
necessary, to protect the public health, safety and welfare, the Mayor shall issue a
proclamation ordering every person owning or keeping a dog to confine it securely on that
person's premises unless it is muzzled so that it cannot bite. No person shall violate such
proclamation, and any unmuzzled dog running at large during the time fixed in the
proclamation shall, if possible, be picked up and impounded or, if necessary, killed by the
police officers without notice to the owner of said dog pursuant to Minnesota Statutes,
section 35.69.
Subd. 13. Clean Up: Any person who owns, harbors or keeps a dog within the City shall clean up
all feces of the dog and dispose of such feces in a sanitary manner.
Subd. 14. Interference with Officers: It shall be unlawful for any unauthorized person to break
open the Pound or to attempt to do so or to take or let out any dogs therefrom or to take from
any police officer or Community Service Officer any dog taken up by an officer in
compliance with this Chapter or in any manner to interfere with or hinder such officer or
Community Service Officer in the discharge of the officer's duties under this Chapter.
Subd. 15. Kennels:
a. Conformance with Provisions:
(1) Residential: Any premises where more than two (2) dogs but not more than four
(4) dogs over six (6) months of age are owned, boarded, bred or offered for sale 1.
(2) Commercial: Any premises where more than four (4) dogs over six (6) months
of age are owned, boarded, bred or offered for sale.
b. Licensing Requirements: All dog kennels, residential or commercial, as defined in
subdivision 1 of this Section, must be established by a special use permit as required in Title
1100 of this Code. The zoning classifications as required under Chapter 1103 and Section
1104.02 of this Code must be conformed with. Notwithstanding any provision to the
contrary in Title 1100 of this Code, the owner of a proposed dog kennel shall present a
petition to the Council signed by over fifty percent (50%) of all registered landowners or
those occupying land within five hundred feet (500') of the property to be affected, upon the
receipt of which the Council will then set the hearing for the special use permit as provided
for in Title 1100 of this Code. The petition shall contain, among other items of information,
how many dogs the petitioner intends to keep on the premises.
c. License Fee: The annual license fee for dog kennels shall be established by resolution of
the City Council. Said license fees are due September 1 of each year.
d. Cleanliness and Order; Nuisance Declared: Kennels and premises used therefor shall be
kept in a clean, quiet, orderly and sanitary condition so as not to constitute a nuisance as
1 See also subdivision 701.03(1) of this Code.
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defined in Minnesota Statutes, section 561.01. In determining whether a nuisance exists,
consideration shall be given to the kennel's location, location of other residences and general
character of the neighborhood. (Ord. 460, 4-24-89; 1993 Code)
Subd. 16. Dogs Running at Large: No person shall allow any dog to run at large within the City of
Mounds View. (Ord. 613, 4-13-98)
701.05 PROHIBITED ACTIVITIES:
(1) DISEASED ANIMALS. No person shall keep or allow to be kept on his premises occupied
by him, or permit or allow to run at large any diseased animal.
(2) VICIOUS ANIMALS. No person shall keep or allow to be kept on his premises occupied
by him, or permit or allow to run at large any vicious animal.
Upon conviction for violation of this section, the court may in addition to imposition of sentence,
direct the animal control officer to take the animal into custody and forthwith dispose of it in a
humane manner.
(3) CRUELTY TO ANIMALS. No person shall inhumanely, unnecessarily and cruelly or
wantonly beat, injure, torment or otherwise abuse an animal or cause or permit an animal fight.
(4) PENALTY. Any person violating any provision of this Chapter shall be guilty of a
misdemeanor.
(5) LIABILITY FOR PETS. No pet or animal owner who is exercising due care by adequately
restraining or confining their pet or animal shall be held liable, under the ordinance, for any harm
his or her pet or animal shall cause to any other animal. This provision shall apply if the harmed
animal is running wild or at large and said animal has entered the area or territory of the animal
being legally restrained or confined.
701.06: RAISING / KEEPING DOMESTIC ANIMALS DOMESTIC ANIMALS:
Subd. 1. Definitions: When used in this Section, the following words and phrases shall have the
meanings ascribed to them in this subdivision:
a. AT LARGE: Off the premises of the owner.
b. DOMESTIC FARM ANIMAL: Any cattle, horses, mules, sheep, swine or goats.
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c. OWNER: Any person, firm or corporation owning, harboring or keeping a domestic
animal.
d. PRIVATE PROPERTY: All premises owned by private individuals, including all
structures located thereon, front yards, side yards and back yards.
Subd. 1. Definitions: As used in this Section, the following words and terms shall have the
meanings ascribed to them in this subdivision:
a. ANIMAL: Any mammal of the rodent family, including but not necessarily limited to
rabbits, hares and hamsters, and any fowl, including but not necessarily limited to chickens,
pigeons, ducks or geese.
a. KEEPING: Providing food, water and shelter for any animal defined herein.
c. PRIVATE PROPERTY: All premises owned by private individuals, including all
structures located thereon, front yards, side yards and back yards.
b. RAISING: The maintaining and breeding as a hobby or as a commercial enterprise any
animal defined herein. (Ord. 460, 4-24-89)
Subd. 2. Nuisance Declared: It is hereby declared to be a public nuisance affecting the public
peace, safety and welfare to keep or raise any domestic farm animal, as defined herein, on
private property within the Municipality unless authorized by City Council.. (Ord. 460,
4-24-89)
Subd. 3. Restrictions: It shall be unlawful to keep or raise more than two (2) dogs animals, as
herein defined, on the private property of the owner of said animals, except as allowed under
701.03 (i) (1) “Kennels.” where such animals shall constitute a public nuisance. It shall be
unlawful to keep or raise any number of domestic animals if it creates a public nuisance or
health and welfare issue.
Subd. 4. Investigation of Complaints: It shall be the duty of the Police Department to investigate
all complaints submitted to the Council, and if, after investigation, there appears to be a
violation of this Chapter, the investigating officer shall sign a complaint. (Ord. 460, 4-24-89)
701.07: NON-DOMESTIC / WILD ANIMALS:
Subd. 1. Definitions: As used in this Section, the following words and terms shall have the
meanings ascribed to them in this subdivision:
a. AT LARGE: Off the premises of the owner.
b. OWNER: Any person, inn or corporation owning, harboring or keeping a wild animal.
City of Mounds View
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c. WILD ANIMAL: Any animal or reptile, which, in its uncaptured wild or
undomesticated state, has the physical capacity to be dangerous to the safety and welfare of
any person.
Subd. 2. 1. Restrictions: No owner person shall have in their possession more than one any non-
domestic or wild animal. as herein defined, at any one time.
Subd. 3. Confinement of Wild Animals:
a. No wild animal shall be allowed by its owner to run at large in the Municipality, whether
or not the wild animal is attended by a human being and shall be confined to a cage or
building located on the owner's premises.
b. a. Any wild animal found running at large may be immediately destroyed, without notice
to the owner, by or under the direction of the Community Service Officer or a police officer
if said wild animal cannot be taken up and impounded after reasonable effort or without
serious risk to persons attempting to impound it. (Ord. 460, 4-24-89)
Subd. 4. 2. Trapping: Except as authorized in order to eliminate a public nuisance or health and
welfare issue, no person shall place or set any trap or device designed to kill or capture wild
animals upon privately owned or public lands within the City in violation of any law,
ordinance or rule pertaining to trespassing. No person shall engage in trapping on publicly
owned lands within the City without possessing a valid permit.
a. A permit may be issued by the City Council to any applicant who can satisfactorily
demonstrate the following:
(1) Applicant possesses a valid State trapper's license; or
(2) Applicant is under the age of sixteen (16) years and has completed a course in
trapper education offered by or under the sponsorship of the Department of Natural
Resources; or
(3) Applicant has at least three (3) years of previous trapping experience and has not,
within the preceding three (3) years, been convicted of a violation of any trapping law,
ordinance or rule.
b. No person shall place or set any trap with a jaw spread greater than six inches (6") upon
privately or publicly owned lands within the City. (1988 Code §52.09)
701.08: VIOLATION OF PROVISIONS: Any person violating any provision of this
Chapter shall be guilty of a misdemeanor. (Ord. 460, 4-24-89)
City of Mounds View
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Item No.8
Type of Business: WK
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Tim Brennan, Deputy Police Chief/Acting Chief
Item Title/Subject: Accepting Charitable Donations/Contributions
Date of Report: March 4, 2002
NATURE OF REPORT: Occasionally in the past, the police department has been the recipient of
donations from a variety of sources. A couple of examples of such donations have been monies from the
Lion’s Club which was used to purchase such things as bullet proof vests, first aid equipment, defribillators,
and ice cream for National Night Out. The police department has also been the recipient of cash contributions
earmarked for our DARE Program.
Recently the police department has identified a couple of unfounded and unbudgeted equipment needs. It has
been suggested we solicit contributions from organizations that may be in possession of funds they would like
to make available for various community needs.
In considering these possibilities as a source of funding, there is an obvious question as to both the ethics and
legalities surrounding this issue. I spoke with the City Attorney about this, and he stated that State Statute was
not specific on what was an appropriate means for a municipality to accept contributions.
I checked with some surrounding municipalities to see if this is an issue they have dealt with. One city to our
south has both solicited and accepted donations on a regular basis. Funds have been used to purchase
equipment items such as a Thermal Imaging Device for their Fire Department. When such donations are
accepted, this city does so by recognizing the contributor and defining the use of the funds in the form of a
City Council Resolution.
Another city to our west accepts contributions from time to time, but does not actively solicit them.
The City Attorney for the City of Mounds View indicated that the Council could establish guidelines and
procedures for utilizing this source of funding, if they should desire.
Respectfully submitted,
_____________________
Tim Brennan
Deputy Police Chief/Acting Chief