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CITY OF ST. ANTHONY
CITY COUNCIL REGULAR MEETING MINUTES
AUGUST 11, 2020
CALL TO ORDER.
Mayor Stille called the meeting to order at 8:00 p.m.
PLEDGE OF ALLEGIANCE.
Mayor Stille invited the Council and audience to join him in the Pledge of Allegiance.
ROLL CALL.
Present:
Absent:
Also Present:
Guests:
Mayor Stille, Councilmembers Jenson, Randle, Walker and Webster.
None
City Manager Mark Casey, City Planner Stephen Grittman, Assistant to the City
Manager Charlie Yunker, City Engineer Messner, and Fire Chief Mark Sitarz.
None.
CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
ITEMS.
I. APPROVAL OF AUGUST 11, 2020 CITY COUNCIL MEETING AGENDA.
Motion by Councilmember Webster, seconded by Councilmember Jenson, to approve the City
Council Meeting Agenda of August 11, 2020.
II. PROCLAMATIONS AND RECOGNITIONS — NONE.
III. CONSENT AGENDA.
A.
B.
C.
Approve July 28, 2020. Council meeting minutes.
Licenses and permits.
Claims.
Motion carried 5-0.
Motion by Councilmember Randle, seconded by Councilmember Walker, to approve the
Consent Agenda items.
IV. PUBLIC HEARING — NONE.
V. REPORTS FROM COMMISSION AND STAFF — NONE.
VI. GENERAL BUSINESS OF COUNCIL.
Motion carried 5-0.
City Council Regular Meeting Minutes
August 11, 2020
Page 2
1 A. Black Village Festival request use of upper Central Park Parking Lot for Saturday,
2 August 15, 2020
3
4 City Manager Casey reviewed the Black Village Festival request with the Council.
5
6 Ms. Semhar Solomon addressed the City Council. She noted there will be COVID precautions
7 put into place and will be asking people that do not have a mask if they would like a mask and if
8 they say no then the person will kindly be asked to leave. Vendors will also be spaced out
9 enough for social distancing.
10
11 Councilmember Walker asked how many people are anticipated coming out to the event. Ms.
12 Solomon thought there would be approximately 250 people at the highest.
13
14 Councilmember Walker asked if there will be copious signage up asking people to maintain an
15 appropriate distance and to also encourage the people to follow certain protocol such as not
16 standing in one spot for so long of a time. Ms. Solomon explained she has signs that are already
17 made and will be put up at every booth and entrance.
18
19 Councilmember Jenson indicated in front of him he had a "Stay Safe Minnesota Guidance for
20 Safe Celebration and Events". He read the contents of the guide and wondered if Ms. Solomon
21 had a chance to read something like the guide to help her prepare for the festival. Ms. Solomon
22 indicated she did along with the team of friends that is helping her with the event.
23
24 Councilmember Webster explained she serves as the Council representative to VillageFest and in
25 early June the chair of VillageFest, herself and Mr. Casey had as chance to talk through lots of
26 different factors regarding hosting a community event and try to weigh the general liability and
27 safety concerns. She noted as a result that event chose to go about a different route. She was
28 curious in her conversations with vendors, how many vendors are expected and what is the
29 protocol as the vendor is confirming with her and what steps is she taking to make sure these
30 steps will be followed by the vendors. Ms. Solomon explained there are roughly twenty vendors,
31 not all food, and she is making sure that if the vendor is providing food or beverages that the
32 vendor has to wear masks and will be rotating them so the same mask will not be used
33 continuously. She noted she will be providing some masks as well as the vendors having their
34 own masks. There will also be hand sanitizer at every single booth regardless if the vendor is
35 selling food or not, to ensure that space for them is safe for the vendor and patron.
36
37 Councilmember Webster explained the City has been reserving fields and outdoor spaces to
38 community groups and for the things that the City is requiring in that process are a plan needs to
39 be submitted, whether it is a baseball, softball team or other group, when reservations are made
40 and the second piece is the City asks the group to send a list of attendees as well for the purpose
41 of contact tracing in case there is a positive case. Ms. Solomon indicated she does have a list of
42 contacts and specifically who will be at the festival from each place and phone numbers, as well
43 as attendees.
44
45 Mayor Stille stated the Minnesota Department of Health needs to monitor this, at least they have
46 with Kiwanis, and the Health Department is very restrictive in making sure the food is safe and is
City Council Regular Meeting Minutes
August 11, 2020
Page 3
1 prepared appropriately and also sanitary. He indicated he did not know the protocols of that but
2 thought there had to be some sort of notification needed in order for that to occur. He explained
3 in the application Ms. Solomon stated she did not need any true assistance other than the
4 privilege of using the space and if Public Works would be willing to use the blockades to block
5 the parking lot space if the parking lot was used and he wondered what was meant by that. Ms.
6 Solomon explained she was not sure if the City would be ok with the festival using the parking
7 lot space because there is a baseball tournament that Saturday happening all throughout the day
8 so if the City was not willing to allow the festival to be in the parking lot space and the grace
9 space then the City would need to tell her which space could be used.
10
11 Mayor Stille asked in regard to the 250 maximum participants as directed by the State of
12 Minnesota for the guidance for safe celebrations and events, how will Ms. Solomon manage if
13 more people were to come to the festival. How will that be regulated. Ms. Solomon explained
14 she will still try to put the best of her abilities, the protocol she already has in place to social
15 distance the vendors and the performance happening at whatever time. There will be marks in
16 the ground to show what six feet in distance looks like and hopefully that guideline will be used.
17 She will also be announcing that guideline throughout the event to hopefully social distance.
18 Mayor Stille thought that limitation will be difficult to be made, which is his point.
19
20 Councilmember Randle asked if the insurance policy has been covered. Ms. Solomon explained
21 she was not aware she would need to obtain an insurance policy but if that is something that is
22 needed then she will get one. Councilmember Randle indicated that is required to rent space.
23 Ms. Solomon indicated she was not aware of that and she also did not know she would need to
24 rent space because it is public space in the City.
25
26 City Manager Casey explained within the City's facility use rentals the parking lot is not one of
27 those. The only time the parking lot has been rented has been for VillageFest and WinterFest.
28 There is an insurance policy that goes with that but is tied to the liquor operations that both
29 events had and was a requirement of that. At this time there is no City requirement to have
30 insurance for use of a parking lot but also the City is keeping its eyes wide open in that the City
31 is liable at the end of the day if there is any neglect that would be done on the City's behalf that
32 would happen in that parking lot. He noted this does bring a new issue on board, if the Council
33 so chooses, to add parking lots to reservable places or community services to rent on behalf of
34 the City. He thought that needed to be a discussion for a later date.
35
36 Councilmember Randle asked why Ms. Solomon wants to have a festival now, in the middle of a
37 Pandemic when there are no other cities having festivals and the City of St. Anthony is not even
38 having VillageFest. Ms. Solomon kindly disagreed that festivals along with rallies are
39 happening in South and North Minneapolis which she has been going to. She understood that
40 COVID is a risk but being a part of the movement and being a part of that community is a risk
41 worth taking if it is fighting for what she strives for. Although this festival is not intentionally
42 towards Black Lives Matter movement, it is to redistribute wealth to black and brown families
43 that are well deserved businesses that are under appreciated and to celebrate the black and brown
44 families in St. Anthony and show they can be represented.
45
City Council Regular Meeting Minutes
August 11, 2020
Page 4
1 Councilmember Walker noted there have been Juneteenth festivals in the Twin Cities in June.
2 Councilmember Randle asked if there was anyone paying attention to what is currently going on
3 in Minneapolis at this point. Is that a model that they want to model themselves after. Ms.
4 Solomon indicated she did have a rally which was more than 250 people and to her knowledge, if
5 a case had been out, she was not made aware of it and the City was not put to some sort of
6 insurance standard. She thought a festival was a lot safer than a rally.
7
8 Councilmember Walker expressed his concern, along with the Mayor's in regard to the capacity,
9 he wondered with 200 plus people, will there be staff on site who would keep track of how many
10 people enter the grounds for the festival. He also wanted to know what happens when the 250
11 maximum is reached, would people be turned away and have them come back later. Ms.
12 Solomon explained in a perfect world, no one would be turned down but if that ends up reaching
13 to a point where they cannot safely have a certain number of people there then they will kindly
14 turn people away. She noted there will be legal observers and Marshalls that will be there
15 observing to make sure the scene is safe. She will also have specific people counting the number
16 of people there.
17
18 Councilmember Webster appreciated Ms. Solomon sharing all of her planning with the Council.
19 Ms. Solomon indicated she could send the Council a list of vendors with contact information if
20 needed as well.
21
22 Mayor Stille asked Ms. Solomon to expand on what the Marshalls will be doing. Ms. Solomon
23 explained Marshalls are trained to be within the crowd in case something was to happen, worst
24 case scenario, which she did not think would happen in St. Anthony. These are people that have
25 been training to de-escalate situations if that were to happen. Mayor Stille asked if the Marshalls
26 were armed. Ms. Solomon indicated they were not.
27
28 Councilmember Walker asked if the St. Anthony Police Department has been notified of this
29 event and has Ms. Solomon as been in any conversations with the Police Department to request
30 potential assistance. Ms. Solomon indicated the Police has been notified and she has talked to
31 Chief Mangseth personally and he is aware of the festival and appreciates knowing ahead of
32 time.
33
34 Councilmember Walker indicated Ms. Solomon could reach out to any Councilmember or the
35 City Manager or other personnel for feedback or assistance. Ms. Solomon indicated she
36 appreciated that and would do that.
37
38 Ms. Julianne Hunter explained as much as she likes festivals and wished someone would put one
39 together every weekend what Mr. Casey said about the insurance is not correct. She indicated
40 they do not have insurance on VillageFest just because there is beer. There is insurance because
41 if something happens then they are insured. If they are not insured and the City has allowed
42 them to have it on City grounds, the City is liable for what happens. She noted the vendors are
43 required to have insurance and they have to name the City. She explained this had to be done
44 even before they had beer at the festival. She stated that beer is a major issue and is why the
45 insurance is more but they definitely still have to have insurance regardless, or at least that is her
46 understanding and if she is wrong, they have still had it for as many years that she has been chair
City Council Regular Meeting Minutes
August 11, 2020
Page 5
1 of VillageFest. She stated insurance is a big deal and if the City is willing to take that if
2 something happens now that Ms. Solomon has been before the Council requesting use of the
3 land, that is one thing, but she did not believe what Mr. Casey said was one hundred percent
4 correct.
5
6 Ms. Solomon indicated when she addressed this to Mr. Casey and to Ms. Miller regarding the
7 permit and space, if she was aware that she would need insurance then she would have gotten it
8 but she was not aware of it and it was not addressed to her so she did not act on that.
9
10 Councilmember Jenson asked now that everyone is aware there needs to be insurance, do they
11 follow through with that requirement or do they ignore it. Councilmember Webster thought in
12 2014 the State Statute changed specifically for School District facilities and if they were to rent
13 indoor or outdoor School District facility that insurance would be required. Because what makes
14 them unique in St. Anthony is Community Services rents both City and School District.
15 Insurance requirements were applied to any person, whether they rent the outdoor portion of the
16 pavilion at Central Park or the indoor portion at the multi -purpose room. Any reservation that
17 comes through has to have proof of insurance. For an individual it is one and a half million and
18 for an organization it is three million in liability. She thought in this discussion, the City is
19 finding those gaps because they have not rented a parking lot area before. This has created some
20 really good discussion around public spaces that are not necessarily reserved.
21
22 Mayor Stille explained in practicality, if something happens in the parking lot versus down the
23 hill next to the pavilion, it is still City property and why is there any difference between those
24 two venues.
25
26 Mr. Casey indicated when staff reviewed the documents for both VillageFest and WinterFest
27 they looked at the liability waiver form received from the insurance companies and are tied to the
28 liquor. He appreciated the conversation he had with Ms. Solomon. He indicated this puts the
29 Council is a very tough position. He noted staff can check tomorrow with the insurance carrier
30 and see what would be needed to satisfy the City's needs.
31
32 Ms. Solomon asked if she would have needed insurance if it were a rally. She asked what the
33 difference was between that and public space because the parking lot is public. She wondered
34 which spaces needs insurance and which spaces does not. Mayor Stille indicated he did not
35 know, and that the City was going off the premise that this is a form of VillageFest and what has
36 been done in the past is get full insurance from the organization.
37
38 Councilmember Webster wondered if the vendors could send in their copies of insurance to the
39 City. She assumed some of the vendors that operate small businesses might already have
40 certificates of insurance that they could share, especially if they have been to other festivals.
41 Mayor Stille thought the practicality of getting twenty different certificates of insurance might be
42 difficult and thought the easiest thing would be for the organization to provide their own
43 insurance. Ms. Solomon indicated she was willing to get in contact with every single vendor to
44 get their insurance and although it is a risk, she thought the rally would be and is more of a risk
45 than the festival just because it is harder to tell people to social distance at a march than it is at a
46 festival.
City Council Regular Meeting Minutes
August 11, 2020
Page 6
1
2 Ms. Julianne Hunter thought Ms. Solomon could partner with VillageFest because they are a
3 501 C3 Organization and have insurance that can cover the City. If it does not work for this
4 weekend because of the insurance than maybe it could be rescheduled for another weekend. Ms.
5 Solomon explained if this does not get approved today then the event would not be able to
6 happen until the next Council meeting. Mr. Casey indicated that was correct unless the Council
7 so wishes to work with VillageFest at acceptable minimal levels than the Council could give
8 someone on staff the authority to move forward with it if it meets the minimal levels.
9
10 Ms. Solomon explained she was not told that she needed insurance when she proposed this to the
11 City so she did not feel that insurance should be required. Councilmember Randle explained he
12 understood where Ms. Solomon is coming from but at the same point, this was pointed out to
13 him that this festival was being advertised in the newspaper before it even came before the City
14 Council for approval. It was apparent that someone knew what was going on and it was apparent
15 that someone knew what their intentions was. He was not saying it was Ms. Solomon but
16 someone was aware that this was going to happen because it was in the paper before it even
17 came before the Council.
18
19 Councilmember Walker stated the point made from Councilmember Randle is that any approval
20 by the Council should have taken place a month ago, pending these kinds of scenarios where Ms.
21 Solomon would not be caught in the middle. Councilmember Randle agreed. Mr. Casey
22 indicated he would take full responsibility for not informing Ms. Solomon about the need for
23 insurance. The request came forward last week.
24
25 Motion by Councilmember Webster, seconded by Councilmember Walker, to approve the
26 request of the use of upper Central Park Parking Lot by Black Village Festival on Saturday,
27 August 15, 2020 with the understanding that there will be cooperation with the VillageFest
28 Organization for potential insurance coverage and attempts to receive insurance certificates from
29 all of the vendors.
30
31 Councilmember Randle stated as things stand right now, he cannot approve this during the
32 middle of a pandemic. In his opinion it is reckless and irresponsible at this particular point in
33 time because the City is not having VillageFest right now and there are not any other festivals
34 going on right now and in case anyone is paying attention to what is going on in the community,
35 COVID-19 has been rising in the community and is the reason why he is home and not in the
36 Council Chambers. He indicated he disagrees with this.
37
38 Councilmember Walker explained he is hearing what Councilmember Randle is saying but the
39 City is not hosting the festival. He thought the point is well taken. Councilmember Randle
40 indicated the City is still responsible and liable for this, which is his point.
41
42 Mayor Stille indicated his expectations are in adherence with the Minnesota Department of
43 Health Guidelines with regard to social events, and it should all be in the motion as well which
44 means there is a preparation plan and it talks about masks and face coverings and managing
45 occupancy which is 250 or less. These guidelines are here for a reason and he thought the City
46 can take this time to reiterate that these are their expectations here and that the guidelines are
City Council Regular Meeting Minutes
August 11, 2020
Page 7
1 followed. He thought as the proposal indicates, the time should be from 3:00 p.m. to 8:00 p.m.
2 and the proposal all states the event leaders would clean up the trash. Those are the things that
3 would be his expectations that he would like attached to the motion. He made a friendly
4 amendment to the motion.
5
6 Councilmember Walker agreed with the friendly amendments. She heard in Mayor Stille's
7 statement, again as Council talked about the criteria when reserving a space currently, there is an
8 insurance requirement, a COVID plan requirement that needs to be adhered to and tracking the
9 attendees for purposes of contact tracing. She wondered if those items should be added to the
10 motion as well.
11
12 Ms. Julianne Hunter indicated she wanted to be clear that when she stated she would be willing
13 to partner with Ms. Solomon that VillageFest cannot do that by this weekend. VillageFest
14 cannot get insurance by this weekend. This is a 501C3 Organization and has to have a board
15 meeting with a majority vote. She explained they are definitely willing to listen and see if they
16 are willing to partner with Ms. Solomon, but she can guarantee this cannot be done by this
17 Saturday. While she realized that everyone heard she was willing, she wanted to make sure the
18 Council knew that she could not do it by Saturday and she agreed with Councilmember Randle
19 and was not sure if everyone recognized the amount of COVID cases in the Village right now.
20 She would never be behind any kind of gathering at this time.
21
22 Councilmember Webster thanked Ms. Hunter for clarifying and through her motion she put Ms.
23 Hunter in an awkward position. That was not her intention and appreciated her honesty. She
24 was also thinking that the original motion with those conditions of insurance, a COVID
25 preparedness plan and tracking attendees might still happen. There are other ways to achieve a
26 special event insurance policy even with a few days' notice. She still thought those three
27 conditions would be important for them as a Council to consider before they consider the request
28 to use the upper parking lot.
29
30 Mayor Stille indicated because the motion has become confusing, he suggested the motion be
31 withdrawn and a new motion made.
32
33 Councilmember Webster indicated she would withdraw her original motion and all of its
34 revisions.
35
36 Motion by Councilmember Webster, seconded by Councilmember Walker, to approve the
37 request of the use of upper Central Park Parking Lot by Black Village Festival on Saturday,
38 August 15, 2020 with three conditions:
39
40 1. There is an insurance policy for the event with insurance gathered from all of the
41 vendors.
42 2. COVID preparedness plan for the event.
43 3. The Ability to collect contact information for the attendees for the purpose of contact
44 tracing.
45 4. Adherence to the Guidance for Safe Celebrations and Events which includes the 250
46 people limitation.
City Council Regular Meeting Minutes
August 11, 2020
Page 8
1 5. Time of the event being 3:00 p.m. to 8:00 p.m.
2 6. Cleaning up and removal of trash after the event.
3
4 Mayor Stille explained he did not have a problem with the event itself and is something that
5 should be embraced as an event. He indicated he was not crazy about the way it came together,
6 at last minute. When the City does things, he likes to do them right and obviously the City is
7 struggling with doing things right versus making something that might be really good happen in
8 the midst of a pandemic. He noted he has been hearing of cases throughout the community
9 which concerns him. He indicated his vote will be predicated on the safety and healthy and
10 welfare of the community where they live.
11
12 Ayes — 3, Nays — 2 (Randle, Stille). Motion carried.
13
14 B. Resolution 20-062; a Resolution Receiving Feasibility Report and Ordering Plans and
15 Specifications for the 2021 Street and Utility Improvements.
16
17 City Engineer Messner reviewed the resolution with the Council.
18
19 Motion by Councilmember Jenson, seconded by Councilmember Randle, to approve Resolution
20 20-062; a Resolution Receiving Feasibility Report and Ordering Plans and Specifications for the
21 2021 Street and Utility Improvements.
22
23 Motion carried 5-0.
24
25 C. Ordinance 2020-02; an Ordinance Amending Chapter 91 Animal Control.
26
27 City Manager Casey reviewed the Ordinance amendment with the Council.
28
29 Councilmember Webster asked if the two-step appeal process remains in this version of the
30 Ordinance. Mr. Casey indicated it would remain.
31
32 Ms. Ann Letsinger, asked what classifies a dangerous dog. Mr. Casey explained a dangerous
33 dog would be determined by a police officer if it actually bit anyone.
34
35 Ms. Renee Reed explained she lived on the street where there is a dangerous dog and she
36 wondered who decides what the proper enclosure will be. Mr. Casey indicated the property
37 owner would submit something and the City would go out and find a subject matter expert on
38 what would be considered a proper enclosure. Mayor Stille thought that was a good question
39 and could research this further before the second reading.
40
41 Ms. Reed asked even with a proper enclosure, who would be responsible if the dog jumps over
42 or gets out of the enclosure. Mr. Casey reviewed State Statute. He noted it would be the
43 property owner's responsibility.
44
45 Ms. Reed requested the dog be muzzled at all times outside of the home.
46
City Council Regular Meeting Minutes
August 11, 2020
Page 9
1 Motion by Councilmember Randle, seconded by Councilmember Webster, to approve first
2 reading of Ordinance 2020-02; an Ordinance Amending Chapter 91 of the City Ordinance,
3 Animal Control.
4
5 Mayor Stille explained as he saw this, he thought this gives the City more teeth to the Ordinance
6 for the City.
7
8 Motion carried 5-0.
9
10 C. Consider starting Abatement Process at 3208 Skycroft Drive
11
12 Fire Chief Sitarz reviewed the item with the Council.
13
14 Councilmember Randle indicated he walked by the property and took a look at it. He wondered
15 if anyone on staff has had contact with the property owner and does the property owner know the
16 magnitude of the items on his property. Chief Sitarz explained he put together documentation of
17 the Fire Department's various interactions with the property owner. He stated this started on
18 June 15, 2020 and followed up on June 17th and on June 261h a letter was sent with a follow-up
19 on July 15th as well as July 22nd. He noted staff has tried numerous times to get in contact with
20 this property owner specifically and each time they have left something they told him what the
21 issue was and to contact the City about the process. There were also deadlines that the individual
22 needed to meet. He noted other times over the years where the individual was brought to court
23 about these issues.
24
25 Motion by Councilmember Webster, seconded by Councilmember Jenson, to authorize staff to
26 start the abatement process at 3208 Skycroft Drive.
27
28 Mayor Stille indicated this is rather heavy stuff and staff does not like to do this, but it needs to
29 be done to keep the City looking nice.
30
31 Motion carried 5-0.
32
33 D. Resolution 20-063; a Resolution Accepting Resignation of City Manager and Appoint
34 Interim City Manager.
35
36 City Manager Casey reviewed the resolution with the Council. He thanked the Council for
37 allowing him to serve in the position and has been an honor. He recommended appointing
38 Charlie Yunker as Interim City Manager until one can be appointed.
39
40 Motion by Councilmember Randle, seconded by Councilmember Walker, to approve Resolution
41 20-063; a Resolution Accepting Resignation of City Manager and Appoint Interim City
42 Manager.
43
44 Motion carried 5-0.
45
46 VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS.
2
3
4
5
6
7
City Council Regular Meeting Minutes
August 11, 2020
Page 10
Councilmember Webster stated on August 12th the St. Anthony Family Services will be hosting
its meeting on Zoom.
Councilmember Jenson stated on August 3rd he attended the work session at City Hall Chambers
along with the work session on August 4th with Congresswoman Omar.
8 Mayor Stille stated he attended the August 3rd and 4th Council work sessions. On August 5th he
9 attended the liquor store appreciation event that was held for the employees.
10
11 VIII. COMMUNITY FORUM.
12
13 Mayor Stille invited residents to come forward at this time and address the Council on items that
14 are not on the regular agenda.
15
16 Ms. Katie Michaelson, 2917 Armour Terrace stated her only comment regarding Black
17 VillageFest is that it seems that tonight it is unclear whether it needs insurance or not. She
18 requested the City check with the insurance carrier to check on what is actually needed. Mr.
19 Casey indicated staff will contact the League of Minnesota Insurance as soon as the doors open
20 tomorrow.
21
22 Mr. Casey read an email from Ms. Suzanne Kedrok, 3424 Belden Drive, St. Anthony.
23
24 Hearing no one else, Mayor Stille moved forward with the agenda.
25
26 IX. INFORMATION AND ANNOUNCEMENTS.
27
28 None.
29
30 X. ADJOURNMENT.
31
32 Mayor Stille adjourned the meeting at 9:45 p.m.
33
34 Respectfully submitted,
35 Sue Osbeck
36 TimeSaver Off Site Secretarial, Inc.
37
38
39 ATTEST:
40 Cit, 1 lerk