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HomeMy WebLinkAboutCC PACKET 07142020 If you would like to request special accommodations or alternative formats, please contact the City Clerk at 612-782-3313 or email city@savmn.com. People who are deaf or hard of hearing can contact us by using 711 Relay. Our Mission is to be a progressive and welcoming Village that is walkable, sustainable and safe. The meeting can be viewed live via cable channel 16 in the North Suburbs or the web broadcast at https://webstreaming.ctv15.org/regionview.php?regionid=64. Due to health concerns and limited seating, we encourage use of virtual option by using this link: http://www.savmn.com/CivicAlerts.aspx?AID=318 There is also a dial-in option available. Members of the public who wish to attend the meeting may do so in person. For those not in attendance, If you wish to submit a comment or question, electronically submit your comments at http://www.savmn.com/CivicAlerts.aspx?AID=318 no later than 5:30 pm on the day of the City Council meeting. Following guidance from state health officials, some City Council Members may choose to participate in upcoming meetings electronically pursuant to MN Stat. §13D.021. Call to Order. Pledge of Allegiance. Roll Call. Consideration, discussion, and possible action on all of the following items: I. Approval of the July 14, 2020, City Council Meeting Agenda. (action requested.) II. Proclamations and Recognitions. A. Presentation of VillageFest 2020 activities. Julianne Hunter presenting. III. Consent Agenda. These items are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which the item will be removed from the Consent Agenda and placed elsewhere on the agenda. A. Approval of June 23, 2020, City Council meeting minutes. (pp.1-6) B. Licenses and Permits. (pp.7-8) C. Claims. (pp.9-11) D. Resolution 20-057 a resolution accepting grants and donations received in the 2nd quarter of 2020. (pp.13) IV. Public Hearing. V. Reports from Commission and Staff VI. General Business of Council. A. Dangerous Dog Appeal (motion requested). Mark Casey, City Manager presenting. (pp.15-51) B. Resolution 20- 058 a resolution Modifying Observed Holidays. Mark Casey, City Manager presenting. (pp.53-55) CITY OF ST. ANTHONY VILLAGE CITY COUNCIL MEETING AGENDA JULY 14, 2020 7:00 p.m. HRA meeting immediately after council meeting If you would like to request special accommodations or alternative formats, please contact the City Clerk at 612-782-3313 or email city@savmn.com. People who are deaf or hard of hearing can contact us by using 711 Relay. Our Mission is to be a progressive and welcoming Village that is walkable, sustainable and safe. C. Request to Paint Mural on St. Anthony City Hall Building. (Motion Requested) Mark Casey, City Manager presenting. VII. Reports from City Manager and Council members. VIII. Community Forum Individuals may address the City Council about any City business item not included on the regular agenda. Speakers are requested to come to the podium, sign their name and address on the form at the podium, state their name and address for the Clerk’s record, and limit their remarks to five minutes. Generally, the City Council will not take official action on items discussed at this time, but may typically refer the matter to staff for a future report or direct the matter to be scheduled on an upcoming agenda. IX. Information and Announcements X. Adjournment CITY OF ST. ANTHONY 1 CITY COUNCIL REGULAR MEETING MINUTES 2 JUNE 23, 2020 3 4 CALL TO ORDER. 5 6 Mayor Stille called the meeting to order at 7:00 p.m. 7 8 PLEDGE OF ALLEGIANCE. 9 10 Mayor Stille invited the Council and audience to join him in the Pledge of Allegiance. 11 12 ROLL CALL. 13 14 Present: Mayor Stille, Councilmembers Jenson, Randle, Walker and Webster. 15 Absent: None 16 Also Present: City Manager Mark Casey, Assistant to the City Manager Charlie Yunker 17 Guests: Keith Dahl (Ehlers & Associates) and Andy Hering (Redpath). 18 19 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING 20 ITEMS. 21 22 I.APPROVAL OF JUNE 23, 2020 CITY COUNCIL MEETING AGENDA. 23 24 Motion by Councilmember Webster, seconded by Councilmember Jenson, to approve the City 25 Council Meeting Agenda of June 23, 2020. 26 27 Motion carried 5-0. 28 29 II.PROCLAMATIONS AND RECOGNITIONS – NONE. 30 31 III. CONSENT AGENDA.32 33 A.Approve June 9, 2020, Council meeting minutes.34 B.Licenses and permits.35 C.Claims.36 37 Motion by Councilmember Jenson, seconded by Councilmember Walker, to approve the Consent 38 Agenda items. 39 40 Motion carried 5-0. 41 42 IV. PUBLIC HEARING – NONE.43 44 V. REPORTS FROM COMMISSION AND STAFF – NONE. 45 46 VI. GENERAL BUSINESS OF COUNCIL.47 48 1 City Council Regular Meeting Minutes June 23, 2020 Page 2 A. Resolution 20-054; a Resolution Approving First Amendment to Contract for Private 1 Redevelopment between the Housing and Redevelopment Authority of St. Anthony, the 2 City of St. Anthony, and Doran SLV, LLC. 3 4 Mr. Keith Dahl, Ehlers & Associates made a presentation. 5 6 Councilmember Randle asked what guarantee the City has that Doran will follow through with 7 Phase II if this is pushed back with the TIF note all up front. He also wondered what securities 8 the City would have. Mr. Dahl explained the securities the City has is in the first amendment 9 and the TIF note will be reduced. The HRA is responsible for providing the assistance. The City 10 and the Antiquary are collecting the increment that is being generated from these properties and 11 paying ninety percent of the available tax increment that is collected to the developer. The 12 guarantee is that should Phase II not commence, the TIF note is going to be reduced by the 13 amount originally agreed to be provided to Phase II. It would be reduced by $1.35 million and 14 would revert back to the original agreed upon TIF note size for Phase I, which was $1.95 million. 15 There is that provision in the first amendment but then the City and HRA also retain the ability to 16 stop making payments should Phase II not commence. 17 18 Councilmember Webster indicated in part C there is verbiage that talks about the HRA would 19 allow the developer to sign the TIF note to an affiliate or Kelly J. Doran without approval and 20 she asked for an example of where that has happened in the past and what it might look like. Mr. 21 Dahl stated developers like to have several companies to hold on to a specific property. This is 22 pretty standard with most development projects across the Twin Cities. A developer will build it 23 under one name and then transfer it to a new entity under a different name but still affiliated all 24 with the same developer. This is done for tax purposes and liability sake. 25 26 Councilmember Jenson asked Mr. Dahl if he saw any risk in this proposal from a city standpoint. 27 Mr. Dahl indicated he did not because precautions were built in to ensure that Phase II will be 28 constructed and if it is not constructed it will be reverted back to the same agreed upon size of 29 the TIF note for Phase I. 30 31 City M anager Casey explained the City Attorney has also had the opportunity to review this and 32 they coincided with everything that Mr. Dahl and Ehlers has presented in regard to any risks the 33 City would have, and the securities provided. Also, for Phase II since there is both a contract 34 and an agreement, if there was any material change in what was presented for the Final PUD, 35 that would come back to the Council for any kind of approvals. What was presented is what 36 staff is anticipating being built. 37 38 Mayor Stille indicated the TIF Note amount is not changing by any means and the term of the 39 notes are also not changing but being consolidated into one. Mr. Dahl indicated that was correct. 40 41 Mayor Stille noted in the marketplace they have seen a lot of changes to contracts such as this, 42 not only cities but banks. In this case he really thought that the developers and the City’s 43 interests are mutually aligned. 44 45 2 City Council Regular Meeting Minutes June 23, 2020 Page 3 Motion by Councilmember Jenson, seconded by Councilmember Randle, to approve Resolution 1 20-054; a Resolution Approving First Amendment to Contract for Private Redevelopment 2 between the Housing and Redevelopment Authority of St. Anthony, the City of St. Anthony, and 3 Doran SLV, LLC. 4 5 Motion carried 5-0. 6 7 B. Presentation of 2019 Audit 8 9 Mr. Andy Hering, Redpath made a presentation to the City Council on the 2019 City Audit. 10 11 Councilmember Jenson complimented Shelly Rueckert in the Finance Department with the 12 integrity they have in compiling and performing all of the financial transactions for the City. As 13 a resident he really appreciated the effort that her team puts forth to serve the residents. He also 14 thanked Redpath for performing such a thorough audit. 15 16 Mayor Stille explained Redpath is working for the Council and it is their charge to make sure 17 that these books are in order. The Council cannot do that alone in their role so Redpath reports 18 to the Council and the reason why some of the language looks the way it does. The fact that 19 there are no findings is outstanding and the Council is glad that there are none. He thought that 20 is a testimony to Shelly Rueckert and the Council has a lot of confidence in her. 21 22 Mayor Stille indicated he also wanted to talk about the state of affairs in the City. He considers 23 the audit as one component, but the audit just tells them that things are operating nicely, and the 24 numbers add up. He stated this is a two-prong approach because the City has a bond rating that 25 also occurs every time there is a bond issue and that rating has been an AA for many years which 26 tells them of the City’s financial health. Between these two he thought the community could get 27 a good sense of the financial soundness of the City and where its money goes. 28 29 Mayor Stille stated on the working capital slide the City has a minimum of thirty percent of the 30 budget and after adjustments that amounts to two million dollars. The City has close to $2.5 31 million and the measurements for that is done at December 31st of every year but what needs to 32 be realized is that the City only gets paid in July and December so the measurement is taken at 33 its high point and the City has to rely on that cash to pay bills between January through June. 34 That is the reason why the City needs to be steadfast and make sure it has enough cash to pay the 35 bills. 36 37 Mayor Stille reviewed the water and sewer fund and noted the graph is showing the City is 38 collecting enough funds to pay for all of the expenses. He noted the water fund is not covering 39 all of its expenses and the City is trying to get people to use less water so in some ways the graph 40 can be looked at as sustainability where the City is doing a good job but will need to find ways to 41 make this fund balance and possibly raise fees to cover the expenses. 42 43 Mayor Stille indicated the City does a street project every year with bond financing which are 44 rated, and that debt accumulates. In 2011 the debt was close to $36 million and that was spread 45 out over 15 years and amortize it, so the City is then able to pay for its street projects and keep 46 3 City Council Regular Meeting Minutes June 23, 2020 Page 4 the infrastructure vibrant. In 2019 the debt was $29 million or nineteen percent lower than 2011 1 for a difference of $6.7 million and he thought that will bode well in the next bond rating. 2 3 Councilmember Randle thought it was important to let the residents know where the money 4 comes from that the City gets twice a year. Mayor Stille explained the money comes from the 5 County. The County collects the property taxes and then disburses it to the cities twice a year. 6 7 Motion by Councilmember Webster, seconded by Councilmember Jenson, to accept the 2019 8 City Audit as presented. 9 10 Motion carried 5-0. 11 12 C. Resolution 20-055; a Resolution Adopting Reduced Speed Limit of 25 mph on 13 Residential Roadways under City Jurisdiction. 14 15 City Manager Casey reviewed the resolution with the Council. 16 17 Motion by Councilmember Walker, seconded by Councilmember Webster, to approve third 18 reading and approve Resolution 20-055; a Resolution Adopting Reduced Speed Limit of 25 mph 19 on Residential Roadways under City Jurisdiction. 20 21 Motion carried 5-0. 22 23 D. Resolution 20-056; a Resolution Adopting the COVID-19 Preparedness plan for the City 24 of St. Anthony. 25 26 City Manager Casey reviewed the resolution with the Council. 27 28 Motion by Councilmember Jenson, seconded by Councilmember Randle, to approve Resolution 29 20-056; a Resolution Adopting the COVID-19 Preparedness Plan for the City of St. Anthony. 30 31 Councilmember Walker stated he had a question in terms of the language. Some of the language 32 seems a little vague in some sense. He was reading through it and there are pieces that states 33 “staff would be advised or encourage to do a certain thing in virtue of the protocol that is 34 recommended by Minnesota Department of Health” and it seems a little vague and up to the 35 discretion of individuals rather than it being more specific and mandated by management so that 36 there is a consistency among what the protocol would look like among all staff. Mr. Casey 37 stated in crafting this document staff looked at it from the approach of following within MDH 38 and CDC’s guidelines and regarding the implementation of it as long as staff is making sure 39 these are filled within the intent of those guidelines. He has confidence in staff’s ability to make 40 sure that they are applied to the fullest extent beyond adding any additional language. 41 42 Motion carried 5-0. 43 44 VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS. 45 46 4 City Council Regular Meeting Minutes June 23, 2020 Page 5 City Manager Casey reported that Village Notes should be going out to residents’ mailboxes 1 soon and is also available electronically. He stated at the last Council meeting he introduced the 2 idea to the City Council about the possibility of creating a Public Safety Commission. As stated 3 two weeks ago, this would be a forum for residents to voice their opinions regarding public 4 safety within the community. He also stated that he envisioned the Commission to be advisory 5 to the City Council. He wanted to be very clear that in this recommendation he would not 6 recommend the creation of any form of a Police Oversight Board. 7 8 Councilmember Jenson stated on June 15th he attended two work sessions. The first one they 9 reviewed a TIF request from Development 65 for 125-unit senior housing project along Stinson 10 Parkway within the Union Grove Property and no decision was made on that. The other session 11 was a tour of the City and discussed 34 potential Capital projects with no final decisions made. 12 On June 18th he attended Metro Cities Executive Board meeting where the Fiscal year 2021 13 Budget was discussed and approved. There was also discussion about Policy Development 14 Process which includes four standing policy committees. The first is Municipal Revenue, 15 Transportation and General Government and Housing and Economic Development in 16 Metropolitan Agencies. Discussion went into a regular revised policy guidelines to be compiled 17 and developed through a very significant equity line and that subcommittee is starting to meet in 18 the next month before it is rolled out to the policy committees which begin at the end of July 19 through August. 20 21 Councilmember Randle stated he attended two work sessions. 22 23 Councilmember Webster stated Village Fest will not be held in person. A final decision was 24 made last week, and they are continuing to look at other ways that the community can come 25 together virtually or support local businesses that same weekend. This Saturday, June 27th, St. 26 Anthony Kiwanis is hosting a zoom auction. 27 28 Mayor Stille stated he attended the June 15th Work sessions as well. He highlighted the tour that 29 was taken throughout the City. 30 31 VIII. COMMUNITY FORUM. 32 33 Mayor Stille invited residents to come forward at this time and address the Council on items that 34 are not on the regular agenda. 35 36 City Manager Casey read an email he received from Kate Martin, 2513 30 Avenue. 37 38 Hearing no one else, Mayor Stille moved forward with the agenda. 39 40 IX. INFORMATION AND ANNOUNCEMENTS. 41 42 None. 43 44 45 46 5 City Council Regular Meeting Minutes June 23, 2020 Page 6 X. ADJOURNMENT. 1 2 Mayor Stille adjourned the meeting at 7:56 p.m. 3 4 Respectfully submitted, 5 Sue Osbeck 6 TimeSaver Off Site Secretarial, Inc. 7 8 Mayor 9 ATTEST: 10 City Clerk 11 6 Saint Anthony Village DATE: July 14, 2020 Approved: TO: Mayor and Councilmembers FROM: License Clerk ITEM: License and Permits for Approval: General Contractors License: Huff Building, Richfield, MN Mechanical Licenses: Aquarius Home Services, Little Canada, MN Aune Plumbing, Zimmerman, MN Bonfe’s Plumbing Heating & Air Service, St Paul, MN Cigarette and Tobacco Sales License: Applicant: Speedway Location: 3259 Stinson Blvd NE Commercial Rental Licenses: Applicant: Highcrest Manor LTD Location: 3605 – 3615 37th Ave NE Applicant: Walker Senior Housing Location: 2626 Kenzie Ter Applicant: Curtin Properties Location: 3817 Macalaster Dr Residential Rental Licenses: Applicant: Chris Dennis Location: 2608 – 2610 37th Ave NE Applicant: Urban Grove Location: 2501 Lowry Ave #110, #115, #117 Applicant: Jackdot LLC Location: 3042 Old Highway 8 7 Service Station License: Applicant: Speedway Location: 3259 Stinson Blvd NE 8 City of St Anthony Village CITY OF ST ANTHONY HRA CHECK REGISTER Page: 1 Check Issue Dates: 6/19/2020 - 7/15/2020 Jul 08, 2020 04:46PM Vendor Number Payee Check Number Check Issue Date Amount 10185 BOUND TREE MEDICAL LLC 41293 06/19/2020 116.97 10684 HOME DEPOT CREDIT SERVICES 41294 06/19/2020 296.32 11024 MINNESOTA CITY COUNTY MGMT ASSOC.41295 06/19/2020 388.00 11131 NORTH SUBURBAN ACCESS CORPORATION.41296 06/19/2020 1,275.25 11674 VERIZON WIRELESS 41297 06/19/2020 70.02 12934 VILLAGE GREEN LANDSCAPES INC 41298 06/19/2020 1,500.00 11699 WAL-MART BUSINESS CENTER 41299 06/19/2020 31.89 11798 CENTRAL PENSION FUND LOCAL #49 41300 06/26/2020 3,840.00 11809 CITY OF ST. ANTHONY SUNSHINE FUND 41301 06/26/2020 168.00 10710 ICMA RETIREMENT TRUST 41302 06/26/2020 1,666.00 11808 SAPD ASSOCIATION 41303 06/26/2020 477.00 12077 SUN LIFE FINANCIAL 41304 06/26/2020 1,016.35 1118 56 BREWING 41305 07/15/2020 1,352.00 12847 A J HEDBLUM'S CONCRETE LLC 41306 07/15/2020 2,388.80 1122 AM CRAFTS SPIRITS 41307 07/15/2020 241.66 1054 AMERICAN BOTTLING CO 41308 07/15/2020 262.56 10078 AMERICAN WATER WORKS ASSN 41309 07/15/2020 214.00 10092 APACHE GROUP 41310 07/15/2020 737.07 1100 ARTISIAN BEER COMPANY 41311 07/15/2020 20,920.29 12180 ARVIG CONSTRUCTION 41312 07/15/2020 357.94 10115 ASPEN MILLS 41313 07/15/2020 84.70 2030 BALD MAN BREWING 41314 07/15/2020 742.40 1013 BELLBOY CORPORATION 41315 07/15/2020 20,440.54 1014 BELLBOY CORPORATION 41316 07/15/2020 1,091.90 10172 BIFFS, INC.41317 07/15/2020 228.00 2009 BLACK STACK BREWING 41318 07/15/2020 702.00 10185 BOUND TREE MEDICAL LLC 41319 07/15/2020 74.98 8544 BOURGET IMPORTS 41320 07/15/2020 187.50 1018 BREAKTHRU BEVERAGE MN BEER 41321 07/15/2020 67,308.32 1011 BREAKTHRU BEVERAGE MN WINE & SPIRITS 41322 07/15/2020 9,301.39 1009 BREAKTHRU BEVERAGE MN WINE & SPIRITS 41323 07/15/2020 5,733.35 10218 BUREAU OF CRIM APPREHENSION 41324 07/15/2020 510.00 1114 CANNON RIVER WINERY 41325 07/15/2020 312.00 1017 CAPITOL BEVERAGE SALES 41326 07/15/2020 32,247.21 10254 CENTRAL LOCK & SAFE CO 41327 07/15/2020 91.25 10263 CENTURYLINK 41328 07/15/2020 135.85 12596 CINTAS 41329 07/15/2020 1,403.62 12941 CITY OF BROOKLYN CENTER 41330 07/15/2020 720.00 12150 CITY OF NEW BRIGHTON 41331 07/15/2020 7,879.87 10293 CITY OF ROSEVILLE 41332 07/15/2020 13,949.00 10307 CIVIC SYSTEMS, LLC 41333 07/15/2020 36,759.00 1010 CLEAR RIVER BEVERAGE COMPANY 41334 07/15/2020 1,065.00 10332 COMPTON'S COMMERCIAL CLNG. INC 41335 07/15/2020 4,228.00 12561 CORE & MAIN LP 41336 07/15/2020 8,900.00 12924 COREMARK METALS 41337 07/15/2020 6.21 1042 CRYSTAL SPRINGS ICE 41338 07/15/2020 952.27 10438 D ROCK CENTER & SMALL ENG 41339 07/15/2020 29.95 10375 DALCO 41340 07/15/2020 150.92 10393 DELL MARKETING LP 41341 07/15/2020 400.60 10402 DEPARTMENT OF LABOR & INDUSTRY 41342 07/15/2020 1,016.42 11796 DO GOOD BIZ INC 41343 07/15/2020 400.62 10432 DORSEY & WHITNEY 41344 07/15/2020 1,541.11 10461 EHLERS & ASSOCIATES, INC.41345 07/15/2020 712.50 9 City of St Anthony Village CITY OF ST ANTHONY HRA CHECK REGISTER Page: 2 Check Issue Dates: 6/19/2020 - 7/15/2020 Jul 08, 2020 04:46PM Vendor Number Payee Check Number Check Issue Date Amount 10468 ELECTRO WATCHMAN INC 41346 07/15/2020 147.49 12351 EQUIPMENT MANAGEMENT COMPANY 41347 07/15/2020 4,116.76 10486 EVENSON/TIM 41348 07/15/2020 29.62 10517 FIRE SAFETY USA, INC.41349 07/15/2020 446.00 12892 FORMS & SYSTEMS OF MINNESOTA 41350 07/15/2020 96.34 10539 FRATTALLONE'S HARDWARE 41351 07/15/2020 3.98 11866 GALLS 41352 07/15/2020 2,211.72 10578 GOPHER STATE ONE CALL 41353 07/15/2020 452.55 1021 GREAT LAKES COCA COLA 41354 07/15/2020 435.72 10636 HEDBACK & CARLSON PLLC 41355 07/15/2020 3,500.00 10652 HENNEPIN COUNTY SHERIFF 41356 07/15/2020 468.20 1019 HOHENSTEIN'S, INC 41357 07/15/2020 15,135.20 10684 HOME DEPOT CREDIT SERVICES 41358 07/15/2020 481.08 10710 ICMA RETIREMENT TRUST 41359 07/15/2020 1,666.00 2013 INBOUND BREWCO 41360 07/15/2020 1,164.90 1027 INDEED BREWING COMPANY 41361 07/15/2020 3,765.20 11547 INFOBUREAU SERVICES INC 41362 07/15/2020 15.00 12893 INNOVO AUTOMATION 41363 07/15/2020 2,440.13 11754 INTEGRATED LOSS CONTROL, INC.41364 07/15/2020 617.00 11792 INTERNATIONAL UNION LOCAL #49 41365 07/15/2020 420.00 1016 JJ TAYLOR DISTRIBUTING 41366 07/15/2020 47,551.93 1004 JOHNSON BROTHERS LIQUOR CO.41367 07/15/2020 4,820.38 1005 JOHNSON BROTHERS LIQUOR COMPANY.41368 07/15/2020 10,601.34 1006 JOHNSON BROTHERS LIQUOR COMPANY.41369 07/15/2020 25,988.70 1044 JOHNSON BROTHERS LIQUOR COMPANY.41370 07/15/2020 35,576.95 12615 JOHNSON CONTROLS FIRE PROTECTION LP 41371 07/15/2020 192.00 10797 KONICA MINOLTA BUSINESS 41372 07/15/2020 342.49 2028 LADONA CERVECERIA 41373 07/15/2020 216.00 11793 LAW ENFORCEMENT LABOR SERVICES 41374 07/15/2020 992.00 12894 LEAST SERVICE/COUNSELING LLC 41375 07/15/2020 587.50 10833 LMCIT %BERKLEY RISK ADMIN CO 41376 07/15/2020 126,969.00 10002 LOCAL UNION IAFF #3486 41377 07/15/2020 357.30 12935 LUEDKE, ALVIN 41378 07/15/2020 53.39 2010 LUPULIN BREWING 41379 07/15/2020 500.00 1022 M. AMUNDSON LLP 41380 07/15/2020 2,975.56 11985 MANSFIELD OIL COMPANY 41381 07/15/2020 13,606.27 2029 MEGA BEER 41382 07/15/2020 633.95 10916 MENARDS LUMBER 41383 07/15/2020 28.11 10931 METROPOLITAN COUNCIL - WASTEWATER 41384 07/15/2020 59,388.66 10937 MIDC ENTERPRISES 41385 07/15/2020 87.58 10939 MIDWAY FORD 41386 07/15/2020 271.20 10947 MIDWEST SIGN & SCREEN PRINTING 41387 07/15/2020 256.32 10963 MINNEAPOLIS SAW COMPANY INC 41388 07/15/2020 45.90 12940 MINNEHAHA BLDG MAINTENANCE 41389 07/15/2020 66.06 1125 NEGOCE 41390 07/15/2020 364.50 1051 NEW FRANCE WINE COMPANY 41391 07/15/2020 1,323.00 11110 NEWMAN TRAFFIC SIGNS 41392 07/15/2020 472.86 12778 NORTHWEST ASSOCIATED CONSULTANTS INC 41393 07/15/2020 4,016.80 11153 NORTHWESTERN POWER EQUIPMENT 41394 07/15/2020 554.00 12088 OFFICE 8 41395 07/15/2020 132.00 11163 OFFICE DEPOT 41396 07/15/2020 892.94 12779 OPTION ONE MECHANICAL LLC 41397 07/15/2020 8,204.00 12112 OREILLY AUTO PARTS 41398 07/15/2020 20.94 10 City of St Anthony Village CITY OF ST ANTHONY HRA CHECK REGISTER Page: 3 Check Issue Dates: 6/19/2020 - 7/15/2020 Jul 08, 2020 04:46PM Vendor Number Payee Check Number Check Issue Date Amount 12939 PATTERSON, TOM & JODY 41399 07/15/2020 51.03 1012 PAUSTIS & SONS 41400 07/15/2020 2,721.75 12202 PET CENTRAL ANIMAL HOPSITAL 41401 07/15/2020 524.68 1001 PHILLIPS WINE & SPIRITS 41402 07/15/2020 6,970.70 1002 PHILLIPS WINE & SPIRITS 41403 07/15/2020 10,008.49 12936 PIERCE, LAURA 41404 07/15/2020 96.14 12550 PIPERIGHT PLUMBING 41405 07/15/2020 437.13 11221 PLAISTED COMPANIES 41406 07/15/2020 37.90 11246 PRAXAIR 41407 07/15/2020 45.62 12747 PRECISE MRM LLC 41408 07/15/2020 50.00 2019 PRYES BREWING COMPANY 41409 07/15/2020 4,856.00 12917 QUADIENT FINANCE USA INC 41410 07/15/2020 44.41 12918 QUADIENT LEASING USA INC 41411 07/15/2020 438.00 11302 RAMSEY COUNTY 41412 07/15/2020 1,248.25 11319 RECREATION, SPORTS & PLAY, INC 41413 07/15/2020 25.50 11345 ROSEVILLE CHRYSLER DODGE 41414 07/15/2020 1,266.27 12346 SHRED IT 41415 07/15/2020 25.18 2018 SMALL LOT WINES 41416 07/15/2020 327.00 1024 SOUTHERN GLAZER'S OF MN 41417 07/15/2020 6,418.72 1008 SOUTHERN GLAZER'S OF MN 41418 07/15/2020 1,602.32 1026 SOUTHERN GLAZER'S OF MN 41419 07/15/2020 15,393.64 1036 SOUTHERN GLAZER'S OF MN 41420 07/15/2020 371.84 11457 ST ANTHONY VILLAGE CENTER, LLC 41421 07/15/2020 2,321.25 11478 STAR TRIBUNE 41422 07/15/2020 336.67 12920 SVAP III SILVER LAKE VILLAGE LLC 41423 07/15/2020 13,349.92 11531 T A SCHIFSKY & SONS 41424 07/15/2020 1,251.05 12328 TECH DUMP 41425 07/15/2020 868.00 11552 TESSMAN SEED INC.41426 07/15/2020 434.52 11559 THOMPSON ASSOCIATES 41427 07/15/2020 500.00 12937 THORSON, LEIF 41428 07/15/2020 107.79 11566 TIMESAVER OFF SITE SECRETARIAL 41429 07/15/2020 331.50 12702 TOKLE INSPECTIONS INC 41430 07/15/2020 1,503.20 11586 TRACY PRINTING 41431 07/15/2020 3,432.00 11617 TWIN TOWN IRRIGATION 41432 07/15/2020 345.40 11637 UNITED ELECTRIC COMPANY 41433 07/15/2020 145.50 12619 USP TECHNOLOGIES 41434 07/15/2020 14,033.29 11674 VERIZON WIRELESS 41435 07/15/2020 1,679.02 11682 VIKING INDUSTRIAL CENTER 41436 07/15/2020 99.77 1025 VINOCOPIA 41437 07/15/2020 865.21 11933 WIMACTEL INC 41438 07/15/2020 50.00 12648 WINDSTREAM 41439 07/15/2020 163.83 1034 WINE COMPANY/THE 41440 07/15/2020 1,749.35 1038 WINE MERCHANTS INC 41441 07/15/2020 2,152.88 1032 WINEBOW 41442 07/15/2020 896.25 11738 WSB & ASSOCIATES, INC.41443 07/15/2020 41,316.25 11740 XCEL ENERGY 41444 07/15/2020 18,016.46 12938 ZEZULKA, DEBRA 41445 07/15/2020 26.80 Grand Totals: 801,265.60 11 THIS PAGE LEFT INTENTIONALLY BLANK 12 CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 20-057 A RESOLUTION ACCEPTING GRANTS AND DONATIONS RECEIVED WHEREAS, the City of St. Anthony is required to accept all grants and donations by resolution; and WHEREAS, the City of St. Anthony has received the following grants and donations in the 2nd quarter of 2020: City of St. Paul-Toward Zero Deaths $5,304.69 Rice Creek Watershed SW Treatment Silver Lake Terrace $43,215.00 Total $48,519.69 NOW, THEREFORE BE IT RESOLVED that the City Council of the City of St. Anthony Village hereby accepts the grants and donations as received in the 2nd quarter of 2020. Adopted this 14th day of July, 2020. _________________________________________ Randy Stille, Mayor ATTEST:___________________________ Nicole Miller, City Clerk Review for Administration: _______________________________________ Mark Casey, City Manager 13 THIS PAGE LEFT INTENTIONALLY BLANK 14 REQUEST FOR COUNCIL CONSIDERATION Meeting Date: July 14, 2020 Motion - Affirm, Repeal or Modify Police Chief’s Dangerous Dog Order OVERVIEW: Attached is an appeal of the dangerous dog order. Upon hearing from Officer Rushton, appellant and any others who wish to address this, the City Council will need to affirm, repeal or modify the Police Chief’s dangerous dog order. Below is the appeals section of the St. Anthony City Code: § 91.44 APPEALS. (A) Any owner who feels aggrieved by a dangerous dog notice or order of the Chief of Police, or the Chief’s designee may request a hearing before the City Council, which serves as the city’s Hearing Officer, by filing an appeal in writing with the Chief of Police within 14 days after receipt of the notice or order. Upon the filing of such appeal, no further action shall be taken by the city until the matter has been decided by the City Council and all appeals or appeal opportunities have been exhausted. The owner may appear with or without legal counsel and present evidence in opposition to the notice or order. Following the appeals hearing, the City Council shall make a determination of facts and shall, based upon such determination, affirm, repeal, or modify the Police Chief’s notice or order. The City Council shall also establish a date for compliance with the order as affirmed or modified, which date shall be not less than five 5 days thereafter, in compliance with M.S. § 347.541. (B) By appointment, the Chief of Police or his or her designee will hear appeals on potentially dangerous dogs. (Ord. 08-007, passed 12-8-2008 15 THIS PAGE LEFT INTENTIONALLY BLANK 16 Page 1 of 35 Meridith & David Socha 3207 Silver Lake Road NE St. Anthony, MN 55418 St. Anthony Police Department Jon Mangseth, Chief of Police 3301 Silver Lake Road NE St. Anthony, MN 55418 St. Anthony City Councilmembers 3301 Silver Lake Road NE St. Anthony, MN 55418 Re: Appeal of Dangerous Dog Declaration Dear Chief Mangseth & City Councilmembers: We are respectfully appealing the declaration of our dog, Hammerheart, as a dangerous dog, to the City Council as the impartial hearing officer pursuant to Minnesota Statute 347.54 and City Code Section 91.44. The declaration was made in a June 11, 2020, letter from Detective Kiel Rushton with the St. Anthony Police Department. Introduction & Overview There were two incidents that gave rise to Hammerheart being declared a potentially dangerous dog and then a dangerous dog. Neither incident evidences an aggressive dog or a dog whom is intending harm. Hammerheart’s general disposition is extremely friendly and eager to please, which makes him highly trainable. It is our position that Hammerheart does not meet the definition of a dangerous dog primarily as the second incident on May 28, 2020, giving rise to the declaration, was not an aggressive bite. That said, we acknowledge that Hammerheart is a leash reactive dog, which is decidedly different than being aggressive or dangerous. As dog owners, we have taken precautions in response to his leash reactivity and have trained him to decrease his leash reactivity. In light of the recent incident and Hammerheart’s leash reactivity, we have intensified our training and will be taking additional handling precautions as it is clear our efforts were insufficient. In light of the dog’s overall disposition, continuing training, and safe handling precautions that we will be taking, we are confident Hammerheart does not pose a danger. 17 Page 2 of 35 Factual Background History, General Disposition & Training of Hammerheart We adopted Hammerheart in September 2017 at which time he was estimated to be approximately one and a half to two years old, making him approximately four or five years old at this time. Hammerheart does not have paperwork, but his breed appears to be that of an American Pit Bull Terrier. He resides with our other dog, a beagle named Talisker. Hammerheart has lived since his adoption in St. Anthony. Hammerheart came to us being well trained indoors, including being trained not to run out of open doors, to go to his crate when you say “crate,” and basic obedience training such as sit, come, and stay. Hammerheart is extremely friendly both inside and outside, and has positively interacted with people of all ages, including youth, toddlers, and babies. There has never been an incident in which he was reactive or aggressive inside our home or any other space where he was off-leash. Enclosed please find a statement from one of my neighbors, Karolyn Busacker, regarding the experience of her family with Hammerheart as a friendly dog. See Exhibit 1. I have not had time to collect additional written statements from people familiar with Hammerheart’s temperament, but reserve the right to do so and/or have people come to the hearing to make statements. Hammerheart was not leash trained when we adopted him. Initially, he did not seem to understand what happened when you hit the end of a leash, and was very excited by everything he saw on walks. When we first adopted Hammerheart, he would jump and bark excitedly at virtually every car that drove by, every person, every dog, etc. In May 2018, we contracted with Bark Busters for a lifetime training membership for Hammerheart and Talisker. We have worked with a trainer / animal behavioral therapist named Lynne Willeke, with experience since 2006 working with thousands of dogs. See Exhibit 2. We had three training session in 2018 with Ms. Willeke and worked extensively based on those trainings with Hammerheart to become less leash reactive. The training includes reconditioning a dog’s emotional response to a stimulus, redirecting the dog to avoid the stimulus triggering reactiveness, and exercising verbal control over the dog – primarily sit, look, stay utilizing a “bah” sound that asserts you are the alpha. After the training sessions in 2018, Hammerheart made substantial improvement with is leash reactive behaviors. This demonstrates that he is very capable of being trained to decrease his leash reactive behaviors. As a result of the training, Hammerheart now almost never reacts to people walking or cars. When it comes to runners and people on bicycles, it is rare (estimated at less than five percent of the time) for Hammerheart to react to a runner or a biker at this time provided they are at least half a road width away. When Hammerheart does react to a biker or runner, it is to jump or lunge excitedly in their direction while barking. The bark is loud and deep, but is almost always accompanied by a wagging tail. To the best of our recollection, we have never seen Hammerheart exhibit the classic signs of aggression at a biker or 18 Page 3 of 35 runner; the classic signs of aggression being flat ears, raised scruff/raised fur on back, growling, snarling, showing teeth, or foaming of the mouth. We have taken precautions while walking Hammerheart in light of his leash reactivity, primarily to avoid him jumping on someone. These precautions have included the following:  We walk both dogs on either a four or six foot leash with traffic control handles (handles that you can grab close to the dog to shorten their leash when situations call for it).  Hammerheart is walked in a front clip walking harness that subdues him and limits his ability to pull since when he pulls, his own pull turns him sideways and trains him not to pull. The harness generally puts him in a mindset that we are in “walk” mode and not a “run around wild and play” mode, resulting in a more subdued/less excited dog.  When we walk, we avoid highly populated areas such as parks or the sidewalks; if we do go briefly onto a sidewalk, we are diligent and usually walk them with the traffic control handle in hand.  We use verbal control in line with the dogs’ training to control them on walks.  We generally limit the people who walk Hammerheart to ourselves and a few select adults familiar with Hammerheart. There have admittedly been many cases in which Hammerheart jumps at runners and bicyclists, but none have resulted in Hammerheart making contact or even getting close to making contact with the runner or bicyclist other than the two incidents both reported to the police as described below. Both dogs have been walked extensively; Meridith on average has walked the dogs more than an hour each day during the spring, summer and fall seasons. Other than as described in this appeal, there has never been an incident in which Hammerheart has bite a person. Incident on April 25, 2019 On April 25, 2019, Meridith had Hammerheart on a long metal tether in our yard. It was a metal tether purchased from Petsmart made for a 100 pound dog. It was securely fastened to a fence corner post at the far side of our yard. The tether had been left outside over winter. A bicyclist came off Silver Lake Road and turned onto Hilldale Avenue outside our home at 3207 Silver Lake Road Northeast. Hammerheart ran to chase the bicyclist and the tether snapped; upon later inspection, the metal tether was brittle from being left out in the cold over the winter. The bicyclist, Keith Pearson, saw Hammerheart running towards him, stopped biking, and dismounted from the bike with the bike between him and Hammerheart. Mr. Pearson’s leg was in the air as he was dismounting when Hammerheart got there. Hammerheart grabbed the boot that was in the air with his mouth and held it there. Meridith was outside pulling weeds near the side entrance to our home on Hilldale Avenue. When Meridith realized that the tether had snapped, she hollered at Hammerheart two commands: “Hammerheart stop! Hammerheart come!” Meridith began running towards the street at that time. Hammertheart at that time (it was immediate or close to it) released the bicyclist’s boot and trotted back to Meridith, with his tail wagging. Meridith did not physically have to remove Hammerheart from the bicyclist; Meridith was only a few steps away from where she had been pulling weeds when Hammerheart got to her. There was no growling, flat ears, or raised fur or other signs of aggression at any time during the incident; there was excited barking. 19 Page 4 of 35 Mr. Pearson and Meridith spoke after the incident. Mr. Pearson showed Meridith his boot, which had a single puncture in it. Mr. Pearson informed Meridith he felt the pressure of the tooth on his foot but that as soon as he felt the pressure, the pressure let up; no skin was broken. The incident was reported to the police and a potentially dangerous dog letter was issued. The potentially dangerous dog letter references the incident as a “bite.” The police report and photo of boot is attached. See Exhibit 9. Mr. Pearson during nice weather rides past our home where the incident occurred on a frequent basis (near daily or even multiple times a day). This demonstrates that Mr. Pearson is either not scared of Hammerheart or he is at least not so scared that he avoids the property. Incident on May 28, 2020 On May 28, 2020, Meridith’s sister, Becky Burke, was visiting during the day. Ms. Burke volunteered to walk the dogs since Meridith was recovering from a broken ankle and torn ACL. Ms. Burke was downstairs when she volunteered to walk the dogs and Meridith was upstairs. Ms. Burke had left with the dogs before Meridith made it down the stairs to assist in setting up the harness. Ms. Burke left without putting the harness on Hammerheart, which again, controls his walking and generally subdues him by placing him in “walk” mode. Ms. Burke has infrequently walked the dogs but has been with Meridith on several occasions when Meridith was walking Hammerheart and Hammerheart exhibited leash reactive behaviors. Based on this, Meridith believed that that Ms. Burke was aware of the precautions needed to be taken when walking Hammerheart. While Ms. Burke was walking the dogs on the sidewalk near Silver Lake Road and 33rd Avenue, a runner, Tim Hayden, approached. As Mr. Hayden was approaching, Ms. Burke took the dogs to the side of the sidewalk and grabbed the dogs’ leashes between the top of the leash and the traffic control handle. Ms. Burke did not give the dogs verbal commands to sit and stay, which is again how they have been trained. As Mr. Hayden ran by, Hammerheart jumped at him. Both Ms. Burke and Mr. Hayden describe the jump as an “excited” jump. There was barking as Hammerheart jumped but no growling, snarling, or other signs of aggression. Based on the statement made by Mr. Hayden (neither Meridith nor David was there, and Ms. Burke just saw the jump but not a mouth open or bite), Hammerheart bit him in the stomach. There was a single bite. There was not any substantial bleeding. Ms. Burke hollered at Hammerheart and pulled on his leash. Hammerheart responded by calming down immediately and made no further attempts to jump towards or advance towards Mr. Hayden. My. Hayden stated at that time it looked like he could have reached out to pet Hammerheart. Mr. Hayden walked back to Meridith’s home with Ms. Burke, with Hammerheart and Talisker walking on the other side of her. Hammerheart made no attempts to approach Mr. Hayden as they were walking, and Mr. Hayden did not feel threatened or scared by Hammerheart. Mr. Hayden stated at Meridith’s home he did 20 Page 5 of 35 not wish to see any harm come to Hammerheart or for Hammerheart to have to be put down. A police report was filed by Mr. Hayden. See Exhibit 10. Mr. Hayden spoke to Meridith on June 20, 2020, during which time he went over with her how the incident occurred. During this call, Mr. Hayden confirmed he had not needed to and had not sought medical attention. Mr. Hayden expressed his regret that this incident had led to Hammerheart being declared a dangerous dog and volunteered to sign a statement that included his desire that Hammerheart not be declared a dangerous dog or need to be put down. Enclosed please find the statement regarding the incident and Mr. Hayden’s wish that Hammerheart not be declared a dangerous dog. See Exhibit 3. Communications with Detective Rushton Detective Rushton called Meridith on Friday, June 5, 2020, regarding the incident. At that time, Detective Rushton stated that Hammerheart would need to be quarantined for ten days from the incident; requested a copy of his proof of rabies vaccination; and stated that Hammerheart would essentially be watched as a result of the incident. Meridith sent the proof of vaccinations to Detective Rushton on June 5, 2020. On June 11, 2020, Detective Rushton called Meridith and informed her that he discovered there was a prior incident, so he would have to send a dangerous dog letter. Detective Rushton stated during the call that it was something that the department had to do for liability reasons and that no one in the department wanted to see the dog put down. On June 16, 2020, Detective Rushton called Meridith and informed her there was an ordinance he was not aware of that his chief had made him aware of which did not permit any dog designated as dangerous to remain in the City of St. Anthony. Detective Rushton offered to mail the ordinance or stop by with the same to provide to Meridith. Meridith asked Detective Rushton to stop by and he did so, delivering a copy of the ordinance. Detective Rushton verbally informed Meridith that she had 14 days to appeal the designation of dangerous dog. During this conversation, Detective Rushton mentioned that a former police officer had a dog declared dangerous and successfully presented an appeal that discussed safety measures he had taken and testimony from his neighbors that they were not threatened by the dog. Detective Rushton offered to help in any way he could. One June 21, 2020, Meridith sent an email to Detective Rushton seeking confirmation whether there was any way to register Hammerheart as a dangerous dog with the City of St. Anthony. On June 22, 2020, Detective Rushton replied, in part, as follows: “You cannot register a dangerous dog in St Anthony, as per code, dangerous dogs are NOT allowed in the city at all.” Meridith sent an additional email to Detective Rushton on June 22, 2020, referencing, among other things, the statement he had made that the department had to send the letter and confirming that St. Anthony did not have an animal behavioral specialist who could come evaluate Hammerheart. Officer Rushton replied confirming no animal behavioral specialist was available to evaluate a dog declared dangerous and that: “[W]e send the letter [dangerous dog letter], as a practice, to every owner of every dog whom has had two reported bite incidents.” See Exhibit 4. 21 Page 6 of 35 Effect of St. Anthony Ordinance The St. Anthony ordinance referenced by Detective Ruston is Section 91.36 of the City Code: The practical and foreseeable effect of this ordinance, if valid and applicable to Hammerheart, is tantamount to an order that Hammerheart be destroyed/killed. No animal rescues in Minnesota will accept a dog for surrender whom has been declared to be a dangerous dog. It is not feasible for us to move, nor is it our desire. We have explored some options to re-home Hammerheart with someone we know, to no avail. We do not want to post a random ad for someone to adopt Hammerheart as a person could seek a pit bull whom has been labeled dangerous and intend to use them for an improper purpose, which may pose a poor quality of life for Hammerheart and a danger to the public. The effect of the ordinance is for Hammerheart to be put down despite the fact that no one – not Mr. Pearson, Mr. Hayden, or either police officer whom responded to the incidents – has indicated to us that they believe kill order of Hammerheart is either necessary or appropriate. Training Evaluation & Training Plan after Incident on May 28, 2020 On June 18, 2020, we had Ms. Willeke with Bark Busters come to our home to evaluate Hammeheart and update the dogs’ training plan. As part of the evaluation, Ms. Willeke observed Hammerheart near, but not on the sidewalk, where there were numerous bikers, runners and other dogs. Ms Willeke notes that Hammerheart has become much less reactive since the first training visit in May 2018 and that she believes he can get even better. Ms. Willeke’s training plan focuses on reconditioning the dogs’ emotional responses to movement from bikes and runners through a variety of training methods. The training method that Ms. Willeke emphasized to focus on involve re-directing Hammerheart at first distraction prior to their being a reaction. The invoice and notes from the training session are enclosed with this appeal. See Exhibit 5. In the event that Hammerheart remains a part of our family, we will be training diligently to decrease his leash reactiveness under the guidance of Ms. Willeke. We purchased in May 2018 a lifetime training membership that includes an unlimited number of in-home training visits for Hammerheart. 22 Page 7 of 35 Future Precautions Due to Leash Reactiveness In the event that Hammerheart remains a part of our family, we will be taking precautions regardless of the outcome of this appeal, until his leash reactiveness is substantially decreased from ongoing training as recommended by Ms. Willeke or other Bark Busters associate. These precautions include:  We will continue to primarily walk Hammerheart on less busy residential streets and not sidewalks or parks.  We will continue to walk Hammerheart on a four or six foot leash with his harness.  We will use the basket muzzle we have purchased and are using since the incident on May 28, 2020, in the event we are taking Hammerheart off the premises in an urban area.  We will more strictly restrict whom can walk the dogs and provide additional instructions to walkers.  We and anyone else whom we allow to walk our dogs will walk them separately; Ms. Willeke has instructed us that walking them separately provides for a more controlled walk and better training experience. Additionally, we are building a six foot privacy fence on our property this summer. The six foot fence will be a secure enclosure for both dogs. Bases for Appeal It is our position that the dangerous dog designation is not proper and that the City Council should revoke the designation under state law for the reasons set forth below. The Dangerous Dog Designation is Erroneous as the Incident that Occurred on May 28, 2020, Does Not Meet the Definition of a Dangerous Dog The incident on May 28, 2020, does not satisfy any of the requirements of the definition of dangerous dog and thus the declaration of Hammeheart as a dangerous dog is erroneous. The definition of a potentially dangerous dog is as follows pursuant to Minnesota Statute 347.50, subdivision 2 (emphasis added): Dangerous dog. "Dangerous dog" means any dog that has: (1) without provocation, inflicted substantial bodily harm on a human being on public or private property; (2) killed a domestic animal without provocation while off the owner's property; or (3) been found to be potentially dangerous, and after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals. The definition of substantial bodily harm is defined as follows by Minnesota Statute 347.50, subdivision 6, and Minnesota Statute 609.02, subdivision 7a: M.S. 609.02, subdivision. 6. 23 Page 8 of 35 Substantial bodily harm. "Substantial bodily harm" has the meaning given it under section 609.02, subdivision 7a. Minnesota Statute 609.02, subdivision 7a. Substantial bodily harm. "Substantial bodily harm" means bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member. The first potential definition of dangerous dog is that the dog inflicted substantial bodily harm on a human being without provocation. The bite was superficial and required no medical treatment. It is not “substantial disfigurement” and did not cause a “substantial loss or impairment of the function of any bodily member or organ” and did not cause any “fractures of any bodily member.” The second potential definition involves other domestic animals, which is not applicable as no other domestic animals were involved. The third potential definition requires that the dog already be found to be a potentially dangerous dog and thereafter the dog “aggressively bites, attacks, or endangers the safety of humans or domestic animals.” What is clear from this statute is that not every bite will automatically result in a dog being properly declared to be a dangerous dog. Rather, it is only as the result of an aggressive bite. Words have meaning and if it were not to mean there was an additional requirement, it would just say after the dog bites someone rather than adding the qualifier of it being an aggressive bite. A quote from a 2014 article published in the Minnesota Bench and Bar, a magazine for lawyers, titled “Every Dog Has Its Day – In Court” is as follows: “Here in Minnesota, a dog that bites or attacks a person or other animal is not automatically considered dangerous, or even potentially dangerous. The determination is based upon ow aggressive the dog’s conduct is, where the bite or attack occurred (private versus public property), and whether the bite or attack was provoked.” See Exhibit 6. Neither aggression nor “aggressively bites” is defined in the dangerous dog statutes or in the St. Anthony Code. Thus, in construing the statutes, the words are to be construed accordingly to their common and approved sage, but technical words and phrases as have acquired a special meaning are construed according to special meaning or their definition. Minn. Stat. 645.08. In the world of animal behavior, aggression has a specific, technical meaning that is separate and apart from reactive. In brief, a leash reactive dog overly reacts to certain stimulus that frightens it, usually by lunging or jumping as a result of only the “fight” and not the “flight” response being available since the dog is on a leash. A reactive dog is not intending harm to anyone but the behaviors of a reactive dog may include quick bites. On the other hand, an aggressive dog is one that is has aggressive tendencies, and is routinely snarling and/or trying to bite others in various circumstances. There are many articles discussing the difference, including the one enclosed. See Exhibit 7. Based on the fact that Detective Rushton was not going to issue a dangerous dog letter until he discovered there was an existing potentially dangerous dog letter involving Hammerheart, it is apparent that the third 24 Page 9 of 35 definition is the one that the St. Anthony Police Department as animal control officers for St. Anthony relied upon in making its determination that a dangerous dog letter should be issued. The dangerous dog letter states that on June 5, 2020, (which is note the correct date of the incident) Hammerheart “suddenly and unprovoked, approached the adult male, bit and drew blood.” See Exhibit 8. The dangerous dog letter makes no finding that it was an aggressive bite, but rather just references it as a bite. Moreover, in the email correspondence between Meridith and Detective Rushton show that it is a matter of course to declare a dog to be dangerous if there are two bite incidents, see Exhibit 4, regardless of an individual appraisal of the facts of the bite to determine if the bite qualifies as an aggressive bit. In this case, the facts demonstrate that it was not an aggressive bite. The facts that evidence it was not an aggressive bite include, but are not necessarily limited to, the following: First, Hammerheart has a history of being leash reactive, not aggressive. Second, there was no snarling, raised back fur, growling, flat ears, or other behavior observed that would indicate an aggressive intent to the incident based on the statements made to Meridith by both her sister, Ms. Burke, and Mr. Hayden. Third, immediately after the incident, Hammerheart was calm and made no attempts to advance towards Mr. Hayden. Fourth, Mr. Hayden stated in his conversation with Meridith and the enclosed statement that he at no time felt scared or threatened during the incident; that the jump towards him appeared to be an “excited jump”; and that after the jump and bite, Hammerheart was calm and made no further attempts to approach Mr. Hayden. Mr. Hayden made the statement that after the incident, it looked like he could have reached out and pet Hammerheart. Mr. Hayden walked back to Meridith’s home nest to Ms. Burke and both dogs, and Hammerheart made no attempt to approach Mr. Hayden, whom was within the distance of his leash, at any time. Fifth, Hammerheart did not approach Mr. Tim Hayden. The June 11, 2020, dangerous dog letter states that Hammerheart “approached the adult male.” Approached implies a level of intent as the dog sought out the person in order to inflict harm. A dog whom approaches another person is more aggressive than reactive; a reactive dog such as Hammerheart reacts to stimulus that come too close and make him nervous. Mr. Hayden stated that the incident occurred where there was a retaining wall on the sidewalk near Silver Lake Road and 33rd Avenue. The sidewalk is only a few feet wide there. For these reasons, the finding in the June 11, 2020, letter that Hammeheart approached the adult male is disputed and, moreover, appears to be arbitrary and capricious as it comports to none of the available evidence. Sixth, while the incident was admittedly a bite based upon the statement made by Mr. Hayden and the photographs provided, it was a shallow puncture of the skin; the teeth barely sunk into the skin. Given the strength of a pit bull dog’s jaw, it is quite likely that Hammerheart closed down and almost immediately released. While still serious, this demonstrates that bite inhibition was being exercised by Hammerheart. In conclusion, the incident occurred due to a failure by the dog owners to continue training proactively and a failure by Ms. Burke as the dog handler to take the customary and standard precautions while walking a leash reactive dog. It did not occur because Hammerheart was being aggressive or intending any harm on Mr. Hayden. The bite was reactive, not aggressive. Accordingly, the definition of dangerous dog is not satisfied and the dangerous dog declaration is erroneous. 25 Page 10 of 35 The Potentially Dangerous Dog Designation May Have Been Erroneous, and the General Nature of the Incident Should be Considered by City Council The definition of a potentially dangerous dog is as follows pursuant to Minnesota Statute 347.50, subdivision 3 (emphasis added): Potentially dangerous dog. "Potentially dangerous dog" means any dog that: (1) when unprovoked, inflicts bites on a human or domestic animal on public or private property; (2) when unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the dog owner's property, in an apparent attitude of attack; or (3) has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. The potentially dangerous dog letter is based on the first definition of potentially dangerous dog, which definition is specific to “bites on a human or domestic animal.” In this case, Hammerheart bite down (in the singular) on a boot in order to hold the bicyclist there that was chased. There was a single puncture on the boot, which is shown on the photograph. There was no bite on a human as required under the bite provision for a potentially dangerous dog designation to be made. It is apparent to Meridith whom observed the incident that Hammerheart chose to go after the boot versus a leg or other body part because he was intending to hold the bicyclist, not to cause harm to the bicyclist. Although there is no right to appeal a potentially dangerous dog designation, we respectfully ask you to take the facts from the first incident that gave rise to the potentially dangerous dog designation into consideration as it is a necessary pre-requisite in this case to Hammerheart being declared a dangerous dog and thus relevant. Concluding Thought on Due Process It seems that the St. Anthony Police Department treat the designation of dangerous dogs in a rather formulaic matter that does not account for the individual circumstances. According to Officer Rushton, if there are two bites, as a matter of practice, the Police Department will issue a dangerous dog designation. There is no consideration for the nature of the bite – whether aggressive, provoked, or on private or public property – all factors under the Minnesota statutory scheme. There is no one trained to evaluate a dog’s behavior or the dog itself. This formulaic handling without considering the individual facts and circumstances of the incident(s) seems as though it may be a deprivation of due process at the initial declaration stage of the process in the City of St. Anthony. This dangerous dog designation results in a particularly harsh deprivation of property rights of the dog given the St. Anthony ordinance, which does not just restrict ownership but deprives the dog owner of ownership either by having the dog re-homed or put down, unless the dog owner relocates to a different city. The level of due process required, including evidence of the matter asserted, is in relation to the property right potentially being deprived, as well as the State’s interest in the matter. We respectfully request that that City Council, which has wide discretion to consider all facts and circumstances when reaching its decision on this appeal, take the severity of the property right potentially being deprived and corresponding due process obligations into consideration when considering this appeal. 26 Page 11 of 35 Hammerheart is Not Dangerous in Light of Overall Temperament, Handling Precautions and Ongoing Training As discussed in detail above, we consider ourselves to be responsible dog owners that take precautions to securely confine Hammerheart to our property and to avoid reactive incidents on walks, which is the only time Hammerheart has shown any behaviors of concern. We will continue to take increased precautions as discussed above. In light of Hammerheart’s overall friendly (not aggressive) temperament, the handling precautions we take in light of his reactivity, our commitment to intensify his training, and the nature of the two incidents which demonstrate he was not aggressive or intending harm, he is not dangerous. Summary & Conclusion As responsible dog owners, we would voluntarily have him humanely euthanized if we believed he did pose a danger. This is not just an abstract assertion or rhetoric, but demonstrated based on our past history with dogs. Prior to adopting Hammerheart, we fostered seven dogs through a local rescue, Secondhand Hounds. One of the dogs we fostered was a pit bull named Tobias whom had been through approximately five adoption returns and different fosters, due primarily to severe separation anxiety. Since Meridith works from home, Tobias did really well with our family and was not having the signs of separation anxiety. We made the decision to adopt Tobias. Shortly after the adoption, Tobias started to act territorial of our property in an aggressive manner. There were signs his behavior was aggressive, including flat ears, raised scruff on his back, growling, and snarling at people walking by the home and coming into the home. There was a single incident in which Tobias bite an extended family member’s hand; it was a relatively minor bite. We made the decision that day to have Tobias euthanized given his aggressive behavior and the danger it posed. We are confident that Hammerheart does not pose a similar danger. In conclusion, we are taking the two incidents, especially the one on May 28, 2020, seriously. The fact that Hammerheart bite Mr. Hayden, even under the circumstances and even though a relatively minor bite, is shocking and horrifying to us. That said, given the non-aggressive manner in which the bite occured, it does not meet the definition of a dangerous dog and the designation of Hammerheart as a dangerous dog should be revoked. Thank you for your time and consideration. Sincerely, June 25, 2020 David Socha /s/ ________________ ___________________________________ Dated David Socha June 25, 2020 _________________ ___________________________________ Dated Meridith Socha 27 Page 12 of 35 EXHIBIT 1 28 Page 13 of 35 https://www.barkbusters.com/dog-training-minneapolis-north# EXHIBIT 2 29 Page 14 of 35 EXHIBIT 3 30 Page 15 of 35 EXHIBIT 4 31 Page 16 of 35 EXHIBIT 5 32 Page 17 of 35 33 Page 18 of 35 EXHIBIT 6 34 Page 19 of 35 35 Page 20 of 35 36 Page 21 of 35 37 Page 22 of 35 38 Page 23 of 35 39 Page 24 of 35 https://www.akc.org/expert-advice/training/reactivity-vs-aggression/ EXHIBIT 7 40 Page 25 of 35 41 Page 26 of 35 42 Page 27 of 35 43 Page 28 of 35 44 Page 29 of 35 45 Page 30 of 35 EXHIBIT 8 46 Page 31 of 35 EXHIBIT 9 47 Page 32 of 35 48 Page 33 of 35 49 Page 34 of 35 EXHIBIT 10 50 Page 35 of 35 51 THIS PAGE LEFT INTENTIONALLY BLANK 52 REQUEST FOR COUNCIL CONSIDERATION Meeting Date: July 14, 2020 Resolution- Modifying Holidays Observed by the City of St. Anthony OVERVIEW: Currently, Good Friday and Columbus Day are paid holidays and City Hall is closed on both those days. By consensus of the mayor and council at the July 7, 2020 City Council Work Session, they recommended not formally recognizing Good Friday and instead providing staff a floating paid holiday and keeping City Hall open on that day. As for Columbus Day, also by consensus of the mayor and council at the July 7, 2020 City Council Work Session, is recommending not formally recognizing Columbus Day, but instead formally recognizing Juneteenth and have June 19th as a paid holiday and have City Hall closed. For Columbus Day on October 12, 2020, staff would recommend keeping City Hall open and providing staff with a floating paid holiday. 53 THIS PAGE LEFT INTENTIONALLY BLANK 54 CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 20-058 A RESOLUTION MODIFYING HOLIDAYS OBSERVED BY THE CITY OF ST. ANTHONY • WHEREAS, the City of St. Anthony currently has 12 observed holidays in which City Hall is closed:  New Year’s Day – January 1  Martin Luther King Day Observed – January  President’s Day Observed – February  Good Friday Observed – March/April  Memorial Day Observed – May  Independence Day – July 4  Labor Day Observed – September  Columbus Day Observed – October  Veteran’s Day – November 11  Thanksgiving Day Observed – November  Friday following Thanksgiving – November  Christmas Day – December 25 WHEREAS, the City of St. Anthony wishes to not formally recognize Good Friday and have City Hall open; and WHEREAS, the City of St. Anthony wishes to not formally recognize Columbus Day and have City Hall open; and WHEREAS, the City of St. Anthony wishes to formally recognize Juneteenth and have City Hall closed on June 19th; and NOW, THEREFORE BE IT RESOLVED that the City Council of the City of St. Anthony Village hereby modifies the observed holidays as stated above. Adopted this 14th day of July, 2020. _________________________________________ Randy Stille, Mayor ATTEST:___________________________ Nicole Miller, City Clerk Review for Administration: _______________________________________ Mark Casey, City Manager 55 THIS PAGE LEFT INTENTIONALLY BLANK 56 Administration Department Our mission is to be a progressive and welcoming Village that is walkable, sustainable and safe 3301 Silver Lake Road, St. Anthony, MN 55418 612-782-3301 | www.savmn.com TO: Mayor & Council FROM: Mark Casey, City Manager DATE: July 14, 2020 RE: Gifts to the City Policy Attached is a request for a mural to be painted on the south side of the Community Center in memory of Philando Castile. The Community Center is among the city-owned facilities that are the property of the residents of the City of St. Anthony, and usage of those facilities is at the direction of the City Council as the resident’s elected representatives. The Gifts to the City Policy has been referred to in the past when the city has received requests to place individual’s names on city buildings or parks for example. To be consistent with past practice and following the Gifts to the City Policy, the mural request would not be allowed. Specifically, under criteria i and j which read: i) The City will not accept donations with conditions such as; the donor’s name or another name designated by the donor having to appear or to be displayed somewhere in the city such as a building, park or street, have the name of a City event designated by the donor, or have the donation designated for a specific purpose as proposed by the donor. j) The City’s policy is not to name facilities or events in any name other than that of the City of St. Anthony. There are also no facilities named after or otherwise pay tribute to an individual. Also attached is the Gifts to the City Policy. To whom this may concern, On July 6th, 2016 Philando Castile was murdered by the Saint Anthony Village Police Department. With the permission of the city council I would like to propose a mural on the Saint Anthony City Hall/Police Department to commemorate and honor Philando Castile’s life and be a starting image of the equity and accountability our community is pushing for. Alongside that, an everyday reminder to the police department to hold each other accountable and strive for the change that is needed. I will be reaching out to youth in Saint Anthony and neighboring cities to form a team of young artists to help execute this project. In total, the team of individuals working on this mural would be around 10-20 people. We understand that the painting of this mural would occur under a global pandemic and we will ensure to comply with Minnesota health guidelines. We are seeking to paint the Philando Castile mural on the south-facing wall of Saint Anthony Village City Hall that overlooks the tennis courts. This wall is an optimal location as it has no windows or other obstacles and is in a relatively open area. Assuming we are granted permission from Saint Anthony Village City Council on the July 14th, 2020 meeting, construction of the mural will begin within the following week. We wish to complete the mural by the end of August to avoid conflicts with the 2020-2021 school year and colder weather. We want to continue to honor Philando Castile’s legacy and hope to do so through a mural we are planning in remembrance and honor of him. The actual painting of the Philando Castile Mural will occur in three steps: drawing out an outline, blocking in with paint, and sealing the mural with a protective sealant. We are predicting the mural will take around 3-5 weeks to complete. To ensure long-term care of this mural, we will apply a varnish to the finished product which ensures protection from water, UV-rays, vandalism, and other threats. For more information about general care for murals, we will be following this guide from Pitzer College. Sincerely, Semhar Solomon S:\1Council Meetings\2020\07142020\Gifts To the City.doc GIFTS TO THE CITY PURPOSE: The City of St. Anthony encourages and welcomes donations from civic groups, organizations, individuals, businesses or churches for a variety of community programs, projects or events. The purpose of this policy is to set up procedures for receipt of gifts and donations to the City of St. Anthony. GIFTS OF SUBSTANTIAL VALUE-POLICY AND PROCEDURES a) All potential donors are urged to consult with the City Manager or his or her designees(s) before proceeding with plans to ensure maximum utilization of gifts and donations. b) No public official, employee, or volunteer may solicit gifts or donations without first receiving permission from the City Manager. Departments may receive a single authorization to solicit funds for the entire year for a specific program or programs. Major changes in funding of these programs and new programs must receive specific authorization from the City Manager. This policy applies to all departments. c) All departments, which receive gifts or donations, must report the receipt of the gift to the City Council. d) The City Council shall make the final determination by resolution on the acceptability of a gift or donation. All funds will be placed in the City’s general fund for allocation based upon the desires of the City Council. e) All gifts and donations become City property under the complete jurisdiction of the City Council. f) Recognition shall be given to the individuals or groups providing gifts and donations to the City, unless otherwise stipulated by the donor. g) The gift or donation must meet City criteria in order to be accepted. CRITERIA a) All gifts or donations must have a purpose consistent with those of the City. b) The gift or donation must be offered by a source acceptable to the City. c) The gift or donation shall not result in on-going costs, which the City Council would be unwilling to fund when the gift or donation funds are exhausted, unless specific authorization to the contrary is given by the City Clerk at the time the gift or donation is accepted. d) If such up front authorization is not given, sufficient gifts or donations to meet all anticipated staff and material costs need to be in hand before City commitment is made to personal and/or materials. S:\1Council Meetings\2020\07142020\Gifts To the City.doc e) The gift or donation shall not bring undesirable or hidden costs to the City. No gift or donation shall place restrictions on the City that are unacceptable to the City Council. f) The gift or donation shall not be inappropriate or harmful to the residents of the City. g) The acceptance of a gift or donation shall not imply City endorsement of any product or service. h) The gift or donation shall not be in conflict with any provision of federal, state or municipal law. i) The City will not accept donations with conditions such as; the donor’s name or another name designated by the donor having to appear or to be displayed somewhere in the city such as a building, park or street, have the name of a City event designated by the donor, or have the donation designated for a specific purpose as proposed by the donor. j) The City’s policy is not to name facilities or events in any name other than that of the City of St. Anthony. GIFT LIST: The City Manager shall maintain a list of needed equipment or projects, which are not currently being funded by the City. This “Gift List” shall be made available to groups or individuals who are interested in making gifts or donations to the City. Website April May June Total Visitors 2563 2257 2785 St. Anthony/CTV Landing (Page Views) 61 84 99 St. Anthony – Meeting 91 134 113 St. Anthony – City Council 57 60 78 PROGRAMMING • PRODUCTION SERVICES: • St. Anthony HS Graduation Video ceremony, 6/8 {770 Facebook views} • Cities Speak featuring Bernard Walker, 6/25 {764 Facebook views} • Chamber Check In (4 shows) partnership w/TC North Metro Chamber {each show averages 250-270 Facebook views} • NEW PROGRAMS on CTV CHANNELS (109 Total) = 135.5 hours of programming • CITY MEETINGS (41 Total): 4 – St. Anthony city meetings + web streams • NORTH SUBURBAN COMMUNICATIONS COMMISSION next meeting, July 16 • RAMSEY COUNTY BOARD MEETINGS: 4, [LIVE Tuesdays, Ch. 19 – 9am] • SA 282 SCHOOL BOARD MEETINGS: 1, [Live Ch. 20 & web] 6/2 • RICE CREEK WATERSHED Meetings: 2, 6/9 & 6/24 • ADDITIONAL PROGRAMMING: • Cities Speak featuring many elected officials {4 other shows} • Governor’s Press Conference (Spanish translation) 6/2, 6/5 June 2020 Programming, Website & Social Media Social Media April May June CTV Facebook posts 116 103 84 CTV Facebook Total Likes 1314 1559 1606 57 THIS PAGE LEFT INTENTIONALLY BLANK 58 Date Type Staff Present July 28 Regular Liquor Operations Mid Year Report Quarterly Goals Update City Council City Manager Liquor Op Mgr August 3 Special 5:30 p.m.Worksession City Council City Manager August 11 Regular 8:00 p.m. Planning Commission items from July SANB #282 Presentation Approve 2021 Feasibility Study and Order Plans and Specs City Council City Manager August 25 Regular Budget Presentation Students in Leadership-Consent City Council City Manager Finance Director September 8 Regular Planning Commission items from August 2021 Preliminary Operating Budget and Levy-Public Hearing Kiwanis Peanut Day City Council City Manager Finance Director September 22 Regular Fire Prevention Presentation Night to Unite Presentation Night to Unite Proclamation City Council City Manager Fire Dept Police Chief October 13 Regular Planning Commission items from September Quarterly Donations & Grants Preliminary Certification of Delinquent Waste Hauler Accounts-Consent Agenda Preliminary Certification of Delinquent Utility Accounts-Consent Agenda Quarterly Goals Update City Council City Manager October 27 Regular Approval of CIP 1st Reading Water, Sewer, & Stormwater-Public Hearing City Council City Manager Finance Director November 10 Regular Planning Commission items from October 2nd Reading Water, Sewer, & Stormwater Authorizing polling places for 2021 Declaring members of AB Ballot Board for 2021 City Council City Manager November 24 Regular Fire Prevention Poster Winners Water Conservation Poster Winners Final Reading Water, Sewer, & Stormwater 2021 Fee Schedule Students in Government Presentation City Council City Manager Fire Dept Public Works Director FUTURE COUNCIL AGENDA ITEMS 2020 59 Date Type Staff Present FUTURE COUNCIL AGENDA ITEMS December 8 Regular Planning Commission items from November Appoint Parks and Planning Commissioners and Chair/Vice Chairs Setting Salary of City Manager Authorizing Transfers & Closing of Specified Funds Setting the 2021 City & HRA Budgets and Final Property Tax Levy -Public Hearing 2021 Street Project Approve Plans & Specifications, Authorize Advertisement for Bids Approval of 2021 Planning Commission Work Plan (motion only) City Council City Manager Finance Director City Engineer December 22 Regular City Council City Manager January 12 Regular Planning Commission items from December Housekeeping Resolutions Resolution for the Street Improvement Bond Reimbursement Quarterly Donations & Grants City Council City Manager January 26 Regular Public Works Snow Plowing Operations presentation NYFS Agreement Winterfest Outside Orgs-Council City Council City Manager February 9 Regular Planning Commission items from January 2021 Planning Commission Work Plan- (motion only) City Council City Manager February 23 Regular Administration Annual Report Adoption of Strategic Plan 2021 Parks and Environmental Commission Work Plan- (motion only) 2021 Street Project Call for Hearing on Improvements, Call for Hearing on Assessments, Order Preparation of Assessments City Council City Manager City Engineer March 9 Regular Planning Commission Items from February Liquor Annual Report Liquor License Renewals GreenCorp Member application-resolution CTV Presentation Public Works Annual Report City Council City Manager Liquor Op Manager Public Works Director March 23 Regular Police Annual Report Wyland Water Challenge Public Hearing-Budget Calendar City Council City Manager Police Dept Finance Director April 13 Regular Planning Commission Items from March Quarterly Donations & Grants Fire Annual Report Spirit of St. Anthony Award 2021 Street Project Public Hearing, Order Improvements, Adopt & Confirm Assessments, Award Contract for Construction, Call for Sale of GO Bonds Arbor Day Proclamation Earth Day Proclamation Public Hearing-Budget Calendar City Council City Manager Fire Dept City Engineer 2021 60 Date Type Staff Present FUTURE COUNCIL AGENDA ITEMS April 27 Regular 2020 Street Project-Approve Sale of Bonds City Council City Manager May 11 Regular Planning Commission items from April Insurance Renewal Tort Limits - Consent Order 2022 Feasibility Study Police Department Annual Report City Council City Manager City Engineer May 25 Regular Salo Park Concert Series Chamber of the Year and Business of the Year Finance Annual Report City Council City Manager Finance Director June 8 Regular Planning Commission Items from May City Council City Manager June 22 Regular Audit Presentation City Council City Manager Finance Director July 13 Regular Planning Commission items from June Quarterly Donations & Grants City Council City Manager July 27 Regular Liquor Operations Mid Year Report VillageFest Presentation Quarterly Goals Update Wyland Mayor's Water Challenge City Council City Manager Liquor Op Mgr 61