HomeMy WebLinkAboutCC PACKET 09092008H.R.A. Meeting immediately
following regular meeting
+CITY OF ST. ANTHONY VILLAGE
CITY COUNCIL MEETING AGENDA
September 9, 2008
8.00 p.m.
Call to Order.
Pledge of Allegiance.
Roll Call.
Consideration, Discussion, and Possible Action on All of thefolloz_vin itg erns:
I. Approval of the September 9, 2008, City Council Meeting Agenda.
II. Proclamations and Recognitions.
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 Councilinernber or citizen
so requests, in which event the item will be retnoved frons tire Consent Agenda and placed elsewhere on the agenda.
A. Approval of August 26, 2008, Council Meeting Minutes. (pp.1- 4)
B. Licenses and Permits. (p. 5)
C. Claims. (pp. 6 - 7)
D. Resolution 08-055; Accepting a Donation from Wal-Mart Corporation to the St. Anthony Police
Department for the Citizens Academy. (pp. 8 - 9)
E. Resolution 08-056; Authorizing Execution of Agreement Between the St. Anthony Police
Department and the Minnesota Department of Public Safety, Office of Traffic Safety. (pp. 10 -11)
IV. Public/Administrative Hearing.
A. Dangerous Dog Hearing - Gordon Blackey, 3020 Croft Drive. (pp. 12 - 43)
V. Reports from Commission and Staff.
A. Presentation on Emerald Park and Resolution 08-057; Authorizing Close Landscape to Begin the
Design Development, Construction Documents, Bidding and Construction Administration for the
Emerald Park Renovation Project with the Total Budget of $1,408,000. Jean Garbarini, Close
Landscape and Doug Koehntop, Parks Commission Chair. (pp. 44 - 49)
VI. General Business of Council.
A. Resolution 08-058; Setting the City of St. Anthony Proposed 2009 Tax Levy and Budget in
Compliance with the Truth In Taxation Act. Presentation by Mike Mornson, City Manager and
Roger Larson, Finance Director. (pp. 50 - 58)
B. Resolution 08-059; Changing the City Council Meeting Scheduled for the Second Tuesday in
December to the Second Monday in December. (pp. 59 - 60)
VII. Reports from City Manager and Council members.
VIII. Community Forum.
individuals may address the City Council about any itertr not included on the regular agenda. Speakers are requested to come to the podium, sign their rranre
and address on tire 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 titre, lint may typically refer the matter to staff for a future report or direct the ria€ter to be
scheduled on an upcoming agenda.
IX. Information and Announcements.
X. Adjournment.
Our Mission is to be a progressive and livable community, a walkable village, which is safe and secure.
ZACouncil Meetings12008109092008'agendapg#.doe
CITY OF ST. ANTHONY
2 CITY COUNCILREGULAR MEETING MINUTE'S
3 AUGUST 26, 2008
4
5 CALL TO ORDER.
6
7 Mayor Faust called the meeting to order at 7:01 p.m.
8
9 PLEDGE OF ALLEGIANCE.
10
11 Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance.
12
13 ROLL CALL.
14
15 Preseut: Mayor Faust; Councilmembers Gray, Roth, and Stille
16 Absent: COutllcihuemberThuesen
17 Also Present: City Manager Mike Morusou and Stacie Kvilvang of Eluleis & Associates
18
19
20 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL Oh THE FOLLOWING
21 ITEMS.
22
23 I. APPROVAL OF AUGUST 26, 2008 CITY COUNCIL MEETING AGENDA.
24
25 Motion by Councilmember Stitle, seconded by Councilmember Gray, to approve the City
26 Council Meeting Agenda of August 26, 2008.
27
28 Motion carried unanimously.
29
30 II. JIROCLAM ATIONS AND RECOGNITIONS.
31
32 None.
33
34 III. CONSENT AGENDA.
35
36 A. Consider August 12, 2008 Council meeting minutes.
37 B. Consider licenses and permits.
38 C. Consider payment of claims.
39 D. Resolution -08-053.. Accepting a Donation of $50.00 for the St. Anthonv Police
40 Department from Elizabeth_ McAlister and Philip Allen.
41
42 Mayor Faust explained in relation to the $50.00 donation for the St. Anthony Policy Department
43 on Consent Agenda Item D, individuals purchasing a house through Residential Mortgage Group
44 are allowed to allocate up to $100.00 out of the loan to the school, police, or fire deparhneut in
45 their local community. He thanked Elizabeth McAlister and Phillip Allen for the donation to the
46 Police Department and stated the funds will be used for Citizen Academy.
47
48 Motion by Councilmember Gray, seconded by Councilmember Roth, to approve the Consent
49 Agenda items.
City Council Regular Meeting Minutes
August 26, 2008
Page 2
Motion carried unanimously.
IV. PUBLIC HEARING.
None.
V. REPORTS FROM COMMISSION AND STAFF.
None.
12 Vl. GENERAL BUSINESS OF COUNCIL
13
14 A. Consider_ Resolution Ob 054 Rcl sting to a 1 ax Abatcment by_the ,City on Certain
15 Property located_ within the City and in Ramsey County Call fora Public 1lcauing,
16
17 Ms. Stacie Kvilvang, F,hlers & Associates, stated over the past couple years the City has looked
18 at making improvements to Urnerald Park in the amount of approximately $1.5 million. At the
19 July 29, 2008 City Council work session, staff and consultants were directed to prepare the
20 necessary documents for the financing of the improvements. Ms. Kvilvang advised that the City
21 has the authority under Minnesota Statute 469 to issue abatement bonds for the improvements.
22 To meet tine City's financing parameters, it is anticipated that the City will issue abatement bonds
23 with a 20 -year term. The City can grant tax abatement for this tertn if the School District or
24 County declines to participate in the abatement. Nis. Kvilvang advised that in order to grant tax
25 abatement for a public improvement, the City is required to hold a public hearing on the amount
26 of the abatement to be granted, identify the properties from which they will abate the City's
27 portion of the taxes, and describe the public purpose for granting the abatement.
28
29 Ms. Kvilvang reviewed the proposed resolution calling the public hearing on October 14, 2008.
30 She stated there will be a more detailed discussion regarding the financing at the public hearing.
31 She reviewed a map of the park location and abatement area. She noted Exhibit A lists the
32 Property Identification Numbers (PIN) in which the City will abate its portion of taxes. She
33 advised the bonds have been structured to ensure that there is no impact on St. Anthony property
34 owners.
35
36 Councilmember Stille reiterated that the abatement will not impact the property taxes of St.
37 Anthony residents.
38
39 Mayor Faust requested further information regarding the purpose for identifying the abatement
40 area through PID numbers.
41
42 Ms. Kvilvang explained the Minnesota Statute that grants this authorization to the City requires
43 the parcel identification. It provides for an open and transparent process, but the property owners
44 will not see anything different in their taxes. The park improvements benefit the immediate
45 surrounding properties, so that is the natural area to abate the taxes from.
46
City Council Regular Meeting Minutes
August 26, 2008
Page 3
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Coimcilmember Roth inquired if the bond term would be reduced if the cost of the improvements
were to come in significantly lower than the $1.5 million.
Ms. Kvilvang replied the public hearing is being set in anticipation of issuing up to $1.5 million
in abatement bonds. U the improvement costs come in lower there could be consideration of
keeping the same term and reducing the bond size or restt'ucturing flee bond to a lower term.
Mayor Faust commented on the possibility of an early pay off if the bond size were to be reduced
from the $1.5 million.
Ms. Kvilvang stated when the debt is slractured there will be a call date which typically is eight
to ten years. Prepayment would not be allowed until that period of time; however, there could be
consideration of structuring the debt to be less on an annual basis.
Mc. Morrison reviewed the scheduled meetings in relation to financing for the Emcrald Park
improvements. 1Ie noted there will be a savings in fiscal and attorney costs due to the bond sate
being conducted with the bond sale for the 2009 Street Project.
Motion by COUncllmember Roth, seconded by Councilrnember Stille, to adopt Resolution No.
08-054; Relating to Tax Abatement by the City on Certain Property Located Within the City and
in Ramsey County; Calling for a Public Hearing.
Motion carried unanimously.
REPOWl'S FROM CITY MANAGER AND COUNCIL MEMBERS.
City Manager Morrison reported on the following:
• The September 9, 2008 City Council meeting is scheduled at 8:00 p.m. due to the primary
election
• The Silver Lake Road Project is moving along on schedule. November 25, 2008 is the
anticipated date for completion.
• The Water Reuse Project is anticipated for completion on October 30, 2008. The dirt will
be filled back in and the tanks should be completed at the end of September.
• The Police Department will be providing assistance at the Republican National
Convention next week as was agreed to in the Joint Powers Agreement with St. Paul. The
City will be reimbursed for assistance provided by the Police Department, The Fire Chief
is volunteering his time and will be observing at the Emergency Operating Center at the
Convention.
• Council has been provided with information distributed by the Commissioner of
Transportation on the new transportation tax.
• Council has been provided with information on trends in foreclosures.
Councilmember Stille reported on his attendance at the Single Garbage Hauler Task Force
meeting on August 18"i. Ile stated there was a good discussion and a lot of issues to research.
Assistant City Manager Moore -Sykes will be reporting back to the'rask Force on items as
directed.
City Council Regular Meeting Minutes
August 26, 2008
Page 4
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Councilmember Roth reported on his attendance at the following events:
• Single Garbage 1Iauler Task Force meeting on August 18"i. He stated it was good to see
people from [lie public and the garbage haulers. The task force mcmbcrs asked a lot of
good questions.
• Northwest Youth and Family Services Board meeting. There will be a ground breaking
on a new addition to facilities.
Mayor Faust reported on his attendance at the following events:
• Single Garbage Mauler Task Force meeting on August 18"'
• Metropolitan Cities Revenue and 'taxation Committee meeting oil August 19"'
League of Minnesota Cities Personnel Committee meeting on August 21"
• League of Minnesota Cities Board meeting on August 21". tach board member will be
providing information on a green initiative or environmentally friendly initiative ol'thcir
city. Ile spoke about St. Anthony's Salt and Sanding Program, the Adopt a 13euch
Program, and the Water Reuse Project.
• Walk About and Briefing on the Water Reuse Project on August 26"'
VIII. COMMUNITY FORUM.
Mayor Faust invited residents to come forward at this time and address the Council on items that
are not on the regular agenda.
Hearing none, Mayor Faust moved forward with the agenda.
IX. INFORMATION AND ANNOUNCEMENT'S.
Mayor Faust announced that the September 8, 2008 City Council meeting is scheduled for 8:00
p.m. due to primary election.
Mayor Faust stated Councilmember Thuesen is not present tonight due to surgery he needed to
take care of immediately. His prognosis is good, but he will be absent for a while. He requested
that individuals keep Coumcilmeurber Tluresen in their hearts, minds, and prayers.
ADJOURNMENT.
Mayor Faust adjourned the meeting at 7:29 p.m.
Respectfully submitted,
Carol Hamer
TimeSaver Off Site Secretarial, Inc.
ATTEST:
City Clcrk
Mayor
Motion carried unanimously.
0
Saint Anthony Village
DA 11.: September 9, 2008 Approved:
TO: Mayor and Councilmembers
FROM: License Clerk
ITEM: License and Permits for Approval:
Rental License:
Applicant: Walter Sentyr, Jr.
Location: 2604 27th Ave
Applicant: Nikki Mason
Location: 2700 37°i Ave
Applicant: Donald Doeksen
Location: 3226 — 3228 Roosevelt St
Applicant: Midwest Management
Location: 3640 — 3642 Roosevelt St
5
U.S. BANK ST. ANTHONY VILLAGE
CHECK REGISTER
VENDOR# PAYEE
CHECK#
DATE
AMOUNT
8897 ACCESS SYSTEMS INC
7297
9/10/2008
$12.14
7252 ALBRECHT
7298
9/10/2008
$19.38
8794 ARCTIC GLACIER INC.
7299
9/10/2008
$287.28
9444 BARCO PRODUCTS COMPANY
7300
9/10/2008
$780.00
4293 BELLBOY CORP.
7301
9/10/2008
$3,776.95
8869 BORGEN RADIATOR
7302
9/10/2008
$305.88
4662 BOURGET IMPORTS
7303
9/10/2008
$81.50
7168 BOYER FORD TRUCKS, INC.
7304
9/10/2008
$560.88
9148 BRW ENTERPRISES
7305
9/10/2008
$360.00
4333 CANNON RIVER WINERY
7306
9/10/2008
$558.00
4231 CAPITOL BEVERAGE SALES
7307
9/10/2008
$11,277.03
9100 CAT & FIDDLE BEVERAGE
7308
9/10/2008
$1,038.00
4080 CHISAGO LAKES DIST. CO.,
7309
9/10/2008
$2,369.28
9056 CITY OF ROSEVILLE
7310
9/10/2008
$6,045.38
4095 COCA COLA BOTTLING COMPA
7311
9/10/2008
$1,486.45
4107 COMPTON'S COMMERCIAL CLN
7312
9/10/2008
$4,015.05
9625 CONTINENTAL_ RESEARCH COR
7313
9/10/2008
$197.97
4110 DICKSON ELECTRIC
7314
9/10/2008
$730.00
8437 DIRECTV INC
7315
9/10/2008
$2.9.77
7371 DISCOUNT STEEL, INC.
7316
9/10/2008
$407.16
820 DORSEY & WHITNEY
7317
9/10/2008
$343.75
8348 DUECO, INC.
7318
9/10/2008
$72,532.90
8164 DULZ/KIMBERL.Y
7319
9/10/2008
$200.00
4135 ELECTRO WATCHMAN INC
7320
9/10/2008
$147.52
9605 ETICA FAIR TRADE
7321
9/10/2008
$305.00
8697 EXTREME BEVERAGE
7322
9/10/2008
$315.00
.0207 FARKAS/GEORGE.
7323
9/10/2008
$58.84
8153 FILTERFRESH
7324
9/10/2008
$52.54
8647 FRATTALLONE'S HARDWARE
7325
9/10/2008
$147.67
1030 G & K SERVICES INC
7326
9/10/2008
$291.31
1110 GENERAL INDUSTRIAL SUPPL
7327
9/10/2008
$42.07
1250 GRAINGER
7328
9/10/2008
$131.31
4175 GRIGGS COOPER & CO INC
7329
9/10/2008
$2,047.17
1300 HACH COMPANY
7330
9/10/2008
$249.41
9169 HARBOR FREIGHT TOOLS
7331
9/10/2008
$21.28
1410 HARMON AUTOGLASS
7332
9/10/2008
$33.26
1420 HAWKINS, INC
7333
9/10/2008
$1,138.06
8813 HEALTHPARTNERS
7334
9/10/2008
$2,479.78
8673 HENNEPIN COUNTY ASSESSOR
7335
9/10/2008
$37,698.33
1505 HENNEPIN COUNTY SHERIFF
7336
9/10/2008
$2,449.50
7066 HENNEPIN TECHNICAL COL.LE
7337
9/10/2008
$328.00
9160 HEWLITT PACKARD COMPANY
7338
9/10/2008
$52.18
.0208 HILL/J.
7339
9/10/2008
$65.25
4207 HOHENSTEIN'S, INC
7340
9/10/2008
$3,148.60
8252 HOME DEPOT CREDIT SERVIC
7341
9/10/2008
$130.77
9335 HUMANADENTAL
7342
9/10/2008
$78.26
8016 INTERNATIONAL INSTITUTE
7343
9/10/2008
$50.00
4125 JJ TAYLOR DISTRIBUTING
7344
9/10/2008
$15,130.78
4220 JOHNSON BROTHERS LIQUOR
7345
9/10/2008
$5,498.63
9626 KING ENTERPRISE SOLUTION
7346
9/10/2008
$109.70
6
U.S. BANK ST. ANTHONY VILLAGE
CHECK REGISTER
VENDOR # PAYEE
CHECK #
DATE
AMOUNT
8434 LEAGUE OF MINNESOTA CITI
7347
9/10/2008
$30.00
4265 MARK VII SALES INC
7348
9/10/2008
$2,892.28
2160 MARSHALL CONCRETE PROD
7349
9/10/2008
$734.73
2240 METROPOLITAN COUNCIL
7350
9/10/2008
$39,463.92
22.80 MIDWEST ASPHALT CORP
7351
9/10/2008
$37.75
8045 MINNESOTA COUNTY ATTYS A
7352
9/10/2008
$1,075.65
9331 MN DEPT OF HEALTH
7353
9/10/2008
$3,666.00
9084 MUZAK LLC
7354
9/10/2008
$55.41
7370 MYERS TIRE SUPPLY COMPAN
7355
9/10/2008
$30.86
92.66 NORTHERN WATER WORKS SUP
7356
9/10/2008
$346.52
9523 NORTHSTAR INSPECTION SER
7357
9/10/2008
$3,787.98
45 OFFICE= DEPOT
7358
9/10/2008
$795.45
8528 PACE ANALYTICAL SERVICES
7359
9/10/2008
$285.00
4354 PAUSTIS & SONS
7360
9/10/2008
$286.75
4360 PHILLIPS WINE & SPIRITS
7361
9/10/2008
$2,500.50
4161 PREMIUM WATE=RS, INC
7362
9/10/2008
$40.00
9628 PRITCHARD FAMILY AUTO ST
7363
9/10/2008
$42,389.64
9180 PROFESSIONAL TURF= & RENO
7364
9/10/2008
$798.75
9139 PROPERTY KEY, INC.
7365
9/10/2008
$50.00
9629 PUBLIC SAFETY CENTE=R, IN
7366
9/10/2008
$331.94
4385 QUALITY WINE CO
7367
9/10/2008
$8,628.34
9356 REGIONS INTERSTATE BILL]
7368
9/10/2008
$28.76
9230 ROYAL TIRE INC
7369
9/10/2008
$417.39
3355 SILVER LAKE CLINIC
7370
9/10/2008
$231.00
9259 SPRINT
7371
9/10/2008
$333.60
4782 ST ANTHONY VILLAGE CENTE
7372
9/10/2008
$1,907.12
9083 ST. ANTHONY RETAIL DEVEL
7373
9/10/2008
$1,648.47
3490 STREICHER'S
7374
9/10/2008
$2,039.11
3260 T A SCHIFSKY & SONS
7375
9/10/2008
$1,353.38
7337 TIMESAVER OFF SITE SECRE
7376
9/10/2008
$152.75
3560 TRACY PRINTING
7377
9/10/2008
$1,214.54
8824 TRI -COUNTY BEVERAGE, INC
7378
9/10/2008
$386.50
4481 TWIN CITY JANITOR SUPPLY
7379
9/10/2008
$61.64
8859 U.S. BANK
7380
9/10/2008
$12,167.50
8903 U.S. BANK
7381
9/10/2008
$250.00
8010 UNIFORMS UNLIMITED
7382
9/10/2008
$10,595.69
8227 VERIZON WIRELESS
7383
9/10/2008
$813.31
9126 VINO SOURCE
7384
9/10/2008
$246.00
4451 VINOCOPIA
7385
9/10/2008
$257.00
8388 W. W. GOETSCH ASSOCIATES
7386
9/10/2008
$2,924.00
8890 WEBBER RECREATIONAL DESI
7387
9/10/2008
$2,282.30
8310 WINE MERCHANTS INC
7388
9/10/2008
$507.22
8919 WINGFOOT COMMERCIAL TIRE
7389
9/10/2008
$417.78
9364 WIRELESS WORLD
7390
9/10/2008
$51.91
8273 WSB & ASSOCIATES, INC.
7391
9/10/2008
$2,195.00
2680 XCEL ENERGY
7392
9/10/2008
$12,284.65
3820 ZAHL EQUIPMENT COMPANY
7393
9/10/2008
$30.67
TOTAL
$342,639.73
N.
AV
tIa*"r
Report Date:
Meeting Date:
RE621a ST -FOR OQkNOIL OON S�7�,F1--TIQN
ITEM DESCRIPTION:
MANAGER'S REVIEW:
Attachments:
September 9, 2008
September 9, 2008
Agenda Section: II1.D.
Resolution 08-055; Accepting a donation from Wal*Mart
Corporation to the St. Anthony Police Department
The St. Anthony Police Department received a donation
from the Wal*Mart Corporation. This donation will be
used to defray costs for the Citizen's Academy
Michael Mornson
City Manager
• Resolution 08-000; Accepting a donation from Wal*Mart Corporation to the St.
Anthony Police Department
ZACouncil Meetings1200M090920081staff walmart donation.doc - 1 -
CITY Or ST. ANTHONY VILLAGE
RESOLUTION 08-055
A RESOLUTION ACCEPTING A DONATION FROM WAUMART
CORPORATION EOR THE ST. ANTHONY POLICE DEPARTMENTS CITIZEN
ACADEMY
WI I) REAS, the City of St. Anthony's Police Depart>nent program received a donation
from Wal'Mmart Corporation in the amount of $250.00; and
WHEREAS, the City of St. Anthony's Police Department will apply the donation to the
Citizen's Academy.
NOW, THEREFORE, BE' IT RESOLVED, that the City Council of the City of St. Anthony
hereby accepts the donation from Wal*Mart Corporation to the St. Anthony Police
Department.
Adopted this 911, day of September, 2008.
Mayor
ATTES'F:
City Clerk
Review for Administration:
City Manager
7,'.ACowmil Meetings\2008V09092008\iesdonatioa walmarLdoc
9
10
STAFF REPORT
DATE: September 4, 2008
TO: Mille Mornson, City Manager
FROM: John Ohl, Chief of Police
SUBJECT: 2008/09 Safe and Sober Grant
The police department, once again, has the opportunity to partner with the State and Ramsey
County on a Safe and Sober Grant. St. Anthony's portion of the grant will be $12,500, which is
specifically earmarked for traffic enforcement concentrating on impaired driving.
Part of the grant requirement is to formally accept the grant proposal by council resolution.
This has been a good partnership, and has helped the St. Anthony Police Department with our
public safety goals.
JO:vj
CITY OF ST. ANTHONY VILLAGE
RESOLUTION 08-056
A RESOLUTION AUTHORIZING EXECU'T'ION OF AGREEMENT BETWEEN THE
ST. ANTHONY POLICE DEPARTMENT AND THE MINNESOTA DEPARTMENT
OF PUBLIC SAFETY, OFFICE OF'TRAPFIC SAFETY
WI IIiRFAS, the City of St. Anthony's Police Department entered into a grant
agreement with the Minnesota Department of Public Safety, Office of
Traffic Safety for the project entitled Safe and Sober Communities during
the period of October 3, 2008 and September 14, 2009; and
WI-IFREAS, the City of St. Anthony's Police Department Chief is hereby authorized to
execute such agreements and annendnnents as are necessary to implement
the project on behalf of the St. Anthouy Police Department; and
Wl 1IiREAS, the Ramsey County Sheriff's Department is hereby authorized to be the
fiscal. agent and administer the grant on behalf of the St. Anthony Police
Department.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony
hereby approves Resolution 08-056 Authorizing Execution of Agreement between the
St. Anthony Police Department and the Minnesota Department of Public Safety, Office
of Traffic Safety.
Adopted this 911, day of September, 2008.
Mayor
ATTEST:
City Clerk
Review for Administration:
City Manager
Z:Wouneil care :md sober gramudoc
11
1.2
STAFF REPORT
DATE: August 8, 2008
TO: Council Members
Jerry Faust, Mayor
Mike Morrison, City Manager
FROM: John Ohl, Chief of Police
SUBJECT: Dangerous Dog Dearing
Backgr2und•
On 05-18-07, a Schwan's truck driver (Justin Oldre) reported being bitten by Gordon Blackey's
dog, "Guido." Mr. Oldre reported that he knows both Gordon Blackey and the dog. He
indicated that he was bitten just below the right rear buttocks, and the bite left two 3 inch cuts
on his leg as well as ripping his pants. Mr. Oldre reported that he was bitten by the dog when he
entered the yard to make a delivery at 3020 Croft Drive. This report was phoned into the police
department and the bite was not documented by police photographs.
On 11-16-07, an individual by the name of Rodney Towle reported that he had been bitten by a
black dog residing at 3020 Croft Drive. Mr. Towle indicated that he was delivering something
to 3012 Croft (next door neighbor), at which time he was approached by and bitten in the back
of his left leg. This report was phoned into the police department and was not documented by
police photographs.
On 06-26-08, an individual by the name of Nicholas Mcelhose reported being bitten by a black
dog that resides at 3020 Croft Drive. Mx. Mcelhose was putting up flyers in the neighborhood
for a window and siding company called "Maintenance Free MN, Inc." Mr. Mcelhose was
accompanied by an individual identified as David Ralls, who indicated that he works with two
different schools providing work for mentally challenged young adults. This report was
documented with police photographs.
Law Analysis:
MN State Statute 347.50 defines dogs in one of two ways: potentially dangerous and
dangerous.
A "potentially dangerous" dog means any dog that:
1 • When unprovoked inflicts a bite on a human or domestic animal on public or
private property,
13
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.
A "dangerous" dog is defined as 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 tile, owner's property, or
3. pound to be potentially dangerous, and after the owner has been notified the dog
is potentially dangerous, the dog aggressively bites, attacks, or endangers the
safety of humans or domestic animals.
On 05-18-07, My -. Blackey was sent a letter indicating that his dog, per state statute, is now
considered a "potentially dangerous" dog, due to the bite report made by Justin Oldre.
Due to the reports made by W. Towle on 11-16-07 and by Mr. Mceihose on 06-26-08, state
Statute would now define Mr. Blackey's dog as "dangerous."
St. Anthony City Ordinance 1205.02 indicates that no person may keep on their premises, or on
premises occupied by them, nor permit to run -at -large in the city, any dog or any other donxestic
animal of a ferocious or vicious character, habit or disposition.
Based on state statute as well as city ordinance, Mr. Blackey's dog could be considered
"dangerous" and not allowed in the City of St. Anthony by ordinance.
I would remind the council that two of the 3 reported dog bite incidences were not documented
by police through photographs or other means other than a verbal report to our office. If the
council should decide to disregard two of the 3 reports, Mr. Blackey's dog could still be
considered as "potentially dangerous," requiring another documented bite to gain "dangerous"
dog status under the statute.
JO:vj
his o(; St, Anthony Police Dep i tment
P =� John Ohl . Chief of Police
July 28, 2008
Gordon Blackey
3020 Croft Driver
St. Anthony, MN 55418
Dear Mr. Blackey:
The St. Anthony Police Department's records indicate that on the following dates your dog (black Lab
mix) has bitten one or more persons (unprovol<ed): June 26, 2008; November '16, 2007 and May 18,
2007.
As such, your dog has been declared a "dangerous dog" as described in MN State Statute 347.50.
MN State Statute 347.54] provides that you may request a hearing concerning the "dangerous dog"
declaration. Failure to request a hearing within 14 days fi-om the date of this notice, will terminate your
hearing right. In addition, if you male an appeal request within the 14 day period, you must
immediately comply with the requirements of MN State Statute 347.52 (a) (attached).
If the hearing officer affirms the "dangerous dog" declaration, the animal must be immediately removed
from the city limits of St. Anthony (ordinance #1205.02). In the event that the "dangerous dog"
declaration is upheld by the hearing officer, the actual expenses of the hearing (up to a maximum of
$1,000) will be the responsibility of the dog's owner.
If the dog is currently being held by ow animal control, all actual costs of the care, keeping and
disposition of the dog are the responsibility of the person claiming an interest in the dog, unless the court
or hearing officer finds that the impoundment was not substantially justified by law.
Please sign and return this form to the St. Anthony Police Department at 3301 Silver Lake Road,
St. Anthony, MN 55418 within 14 days to request a hearing.
Sincerely,
1' 4
JoIni Ohl
Chief of Police
St. Anthony Police Department
612-782-3350
LiEARING RE01JJESTED:
YES NO
Signature (person laving interest)
Print Name
3301 Silver Lake Road NE o St. Anthony, MN 55418 - (612) 782-3350 M FAX (612) 782-3390
1- 4
15
%-- , -1 oil. 7 Malice DeI2.artunerit
John Ohi , Ch.ief' of Police
August l 2, 2008
Gordon Blackey
3020 Croft Driver
St. Anthony, MN 55418
Dear Mi. Blackey:
1 am in receipt of your request for a hearing regarding your dog's designation as "dangerous."
Your hearing date has been scheduled for September 9, 2008, at 8:00 p.m., in the council chambers
(3301 Silver Lake Road).
Any paperwork submitted by you or on your behalf, mist be presented to the St. Anthony Police
Department office by August 25, 2008. The council packet and subsequent hearing will not include any
Papers that are not submitted by the August 25°i deadline. Please do not submit any originals, as these
Papers will not be returned.
Please feel free to contact me with any questions you have regarding this Process.
Thank you.
Sincerely,
John Ohl
Chief of Police
St. Anthony Police Department
612-782-3350
330I Silver Lake Itoa.d NE . St. Anthony, AIIV 55418 < (612) 782-3350 • FAX (612) 782-3390
16
Aug 18, 2008
John ON
Chief of Police
St. Anthony Police Department
Dear Chief Old:
I am requesting a copy of the " IIearing Procedure Guidelines" in connection
with the dog incident.
I would like to request the following information:
- The St. Anthony Police Department policy and procedure for animal/dog bites
- The St. Anthony Police Department policy and procedure for labeling a dog as
dangerous
- All of Discovery regarding this case.
I would like all of this information by August 25"i, 2008.
Sincerely,
Gordon Blackey
3020 Croft Drive
St. Anthony, MN 55418
(612)685-072
cc. Mayor Jerry Faust
Council Members, Hal Gray
Brian Thuesen
Randy Stille
Jim Roth
City Manager, Michael J. Mornson
�17
St. Anth
yr � on.)T Police Department
John OhI < Chief of Police
8/18/2008
Gordon Blacley
3020 Croft Drive
St. Antliony, MN 55418
Dear Mr. Blackey:
Per your request, l have enclosed the following documents:
a St. Anthony Police Department Policy on handling animal bites (6-310)
® State Statute (347.50) definition of dangerous and potentially dangerous dogs.
(Phe St. Anthony Police Department has no internal policy definition, and
subsequently uses State Statute)
6 Staff report dated 08-08-08
® St. Anthony City Ordinance (1205.02) regarding vicious and diseased animals
a City of St. Anthony Hearing Guidelines (115)
It is my understanding that you have copies of all report files. If this not the case, please
contact our Officer Manager Kim Dulz and she will provide you with any additional
information.
Please feel free to contact me with any other questions.
Ch Police
St. Artnony Police Department
3301 Silver lake Road NE • St. Anthony, MN 55418 , (612) 782-3350 JUX (612) 782.3390
18
Subd. S. Advertising. No person may advertise goods or services with flyers, leaflets or
other items which may be carried by the elements to public or private property, or which
are likely to be discarded by other persons on public or private property.
Section 1205 - ANIMAL CONTROL
1205.01 Destruction of Domesticated Animals Prohibited. No person may kill or destroy any
dog, cat or other domesticated animal found running at large within the City, except as
authorized under this Section 1205.
1205.02 Vicious and Diseased .Animals. No person may keep on their premises, or on premises
occupied by them, nor permit to run at large in the City, any dog or other domesticated animal of
a ferocious or vicious character, habit or disposition.
Any animal which is diseased, vicious, dangerous, rabid or exposed to rabies may be impounded.
If the animal cannot be impounded without serious risk to the person attempting to impound the
animal, it may be killed immediately by a police of&cer or other person designated by the
Marmagcr.
1205.03 Runrmine at Lar e 1?rohibiied. No ovmer or keeper of ally dog, cat or other domesticated
animal may permit the animal to be at large and must at all times keep the animal under physical
restraint. All animal is deemed "at 121 ge" whenever it is off the property of the owner or keeper
and not under physical restraint.
1205.04 Dz ot> >in �s. It is the responsibility of the owner, keeper or other person in control of an
animal to clean up any droppings of the animal and to dispose of time droppings in a sanitary
nmaDuCr.
1205.05 lin noundi�. Police officers or others designated by the Manager will enforce the
provisions of this Section, and will hupound animals kept or running at large contrary to this
Section.
1205.06 Reclaiming Animals.
Subd. 1. Notice. When am animal is impounded, the keeper of the pound will provide the
police with a description of the animal impounded within 24 hours of the impoundment.
The keeper "lust make a reasonable effort to determine whether a license for the animal
has been issued by the City or any adjoining city, and to ascertain the name and address
Of the person to whom the license was issued. if the license was issued during the current
license year or during the preceding license year, then before the animal may be disposed
of, by sale or otherwise, the keeper of tine pound must give notice to the license holder
not less than 24 hours before any disposal of the animal. If time license holder gives
notice to the keeper of all intent to reclaim the animal, the animal must be kept available
for reclaiming for 24 hours after receipt of that notice.
12-4
19
347.50 DEFINITIONS.
Subdivision 1. 'Terms. For the Purpose of sections 347.50 to 347.56, the terms
defined in
this section have the meanings given them.
Subd. 2. Dangerous dog. "Dangerous dog" means any dog that has:
0 ) 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, m endangers the safety of
hurna-ns
or domestic animals.
Subd. 3. 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
inn
J r
yor
otherwise threatening the safety of humans or domestic animals.
ST. ANTI-ION17 POLICE DEPARTMENT MANUAL 20
6-310 ANIMAL. I3I1'LS
Revised 01/25/99
An offense report shall be made whenever a human incurs bodily injury from
an animal attack and animal control will be informed so as to respond to the call.
The victim should be advised to seek medical treatment immediately.
Every effort should be made to locate the animal and, if a pet, determine
ownership so that it can be quarantined at the home or by animal control.
If the animal dies or is killed, animal control shall be notified to facilitate
transportation to the Minnesota Department of Health Building at the University of
Minnesota for examination.
Contracted Animal Control Units will generate supplement reports.
6 - 311 INMRIES IN I3 1ILDINC, OR INVOI VINC Mh I3A ICAL I,Q JI]?M) NT
Accidents- occurring in buildings or where mechanical equipment is involved
shall be reported inmuediately to the investigator if serious injury has occurred or if it is
likely that death may occur.
Offense report shalt be made.
-150-
21
Addressing the City Council
Public Ilearin>.s
In ]seeping with Roberts Rules of Order, the following procedures apply to Public
Hearings:
® Mayor/Chair asks for staff report items and opens item for discussion.
Citizens wishing to speak should raise their hands and approach the podium when
recognized by the Mayor/Chair, clearly states frill name and address for the
record. Spokespersons are given more time for presentations, and groups are
encouraged to use them.
l�veryone who wishes, will have a chance to address the Council/Conmuission,
Citizens must address all questions and comments to the Mayor, who will then
determine who will answer there. Questions will be answered when all person
have hada chance to speak. Only one person may speak ata time. Citizens are
urged to be polite and quiet as eornnrents are made to the Council/Conmrission.
Applauding or other displays of approval or disapproval are inappropriate during
City Council/Planning Connuiseion proceedings.
No one will be given an opportunity to speak a second time until everyone has
had all opportunity to speak initially. Please limit second presentation to new
information and not rebuttals.
When public comments are completed, the Council/planning Commission closes
the public hearing and starts its own discussion. The audience is welcomed to
listen quietly to the discussion but is requested not to make connnents.
22
Section 1 10 - INCORPORATION OF STATL LAV>/
I10.01 Adoption by Reference. Statutes or administrative rules or regulations of the State and
codes and ordinances adopted by reference in this Code are adopted under authority granted by
Minn. Stat. § 471.62. One copy of any item adopted, unless more copies are required by law,
will be kept by the Cler]< for reference by the public.
110.02 Official Statutes,. Codes, Rcatilations aid Ordinances. References in this Code to
Minnesota Statutes are to Minnesota Statutes 1990 and Laws 1989 and 1990, unless otherwise
provided in this Code. Reference in this Code to rules and regulations Of state agencies, codes
and ordinances of other nunncipalilies are to those documents in effect on ianutn'y 1990, unless
Otherwise provided.
110.03 Relation.to State Law. The provisions of this Code are to be construed as the fullest
exercise of the regulatory and Otherr 1 Powers granted to the City and its officers b y
5 5 state law
unless otherwise provided. When this Code imposes a more stringent standard or rule of conduct
than imposed by State law it is intended that the provisions of this Code prevail over the State
law, rule or regulation to the extent permitted by law.
Section 115 - PUBLIC FI 13ARINGS
115.01 General. Unless otherwise provided in this Code or by State law, every public hearing
required by law, ordinance or resolution to be held on any legislative or aduunustrative matter
Will be conducted according to this Section 115.
115.02 Notice. Every hearing will be preceded by at least 10 days' notice by publication and by
mailed notice to all persons entitled to mailed notice by law. Notices of a hearing to consider a
rezoning, PUD approval, conditional use permit, penuit for relocation of a building or variance
will be mailed at least 10 days before the hearing to the owner of the affected property and to the
owners of all properties within 350 feet of the affected property. The notice will state the time,
place and purpose of the hearing. Failure to give notice or defects in the notice procedure will
not invalidate the proceedings if a good faith effort has been made to comply with this Section.
115.03 Hearing. At the hearing, each party in interest will be afforded a reasonable opportunity
to be heard and to present such evidence as is relevant to the proceeding. The Council may
adopt rides governing the conduct of hearings, including time limitations for presentation of
evidence, records to be made, and any other matter which the Council deems appropriate.
115.04 Record. After a decision on a matter, the Council will have a written summary of its
findings and decisions prepared and will enter the summary in the official Council minutes.
M
23
Date: 08/24/08
To: Council Members
Jerry Faust, Mayor
Mike Mornson, City Manager
From: Gordon Mackey
Subject: Dog Hearing
I have enclosed the following:
The Minnesota Statutes 347.50-347.565
Regulations of Dangerous Dogs for 2008
City of St. Anthony Ordinances Regarding Peddlers and Solicitors Licenses
Background:
On 05/18/07 at 0730 hours, I am told by SAPD my dog Guido bit RP/Oldre. The
supposed incident apparently occurred at 1600 hours on 05/17/07 on my front driveway.
SAPD took the report over the phone on the morning of 05/18/07 at 0118 hours. SAPD
police report states no injuries are witnessed. There is no evidence of pictures or
witnesses.
I complied with SAPD by quarantining the dog, producing the St. Anthony dog license,
and paperwork showing all current vaccinations.
On 05/18/07, I called Schwans main office and asked why they continue to make calls on
my house after I had repeatedly told them not to make calls on my house. They
apologized and stated the driver was instructed not to go there. I then asked about their
operating hours, and they are from 0700 hours, and everyone is finished by 2200 hours.
It should be noted that Oldre did not call SAPD until over nine hours after the incident at
1:18 AM.
On 05/18/07, I spoke with RP/Oldre, who stated he needed five hundred dollars. I aske<
to meet so I could see the injuries, and RP/Oldre stated he was fine, he was just kidding.
I atn later informed by a neighbor that a new Schwans driver has the route, and the
former driver Oldre was fired.
There is no evidence of an injury, and I assume that it was just a cheap attempt to extort
money from myself.
24
On 11/16/07, 1 met with the SAPD regarding a reported dog bite. I complied with the
SAPD b}, quarantining the dog, producing the St. Anthony dog license, and paperwork
showing all current vaccinations.
RP/Towle stated he was bit at approximately 10:30 AM on 11/16/07, but called the police
at 12:10 PM to make a report of a dog bite over the phone. I spoke with illy neighbor
Merril, who stated RP/Towle called her and told her that her dog was out. Merril stated it
was not her dog. RP/Towle called back to Merril and stated to her the dog had bitten
him. I spoke to RP/Towle, who told me he was bit by my dog. I asked RP/Towte if we
could meet so I could see the injury, and lie stated no, he was fine.
RP/Towle called me two weeks later stating he wanted my homeowners insurance
information. RP/"Towle stated lie could file a claim with my insurance and it would not
hurt my insurance or the status of the dog. RP/Towle stated this happened to his brother
and he collected money from the insurance company. I infomcd RP/Towle without
proof of an injury I was not wilting to give out this information. RP/Towle stated lie
needed fifteen hundred dollars from me for an MRI because his back was now hurting
and he could not. walk, at which point I told him no.
An attorney contacted me in a letter stating he wanted my insuance information or I
would be sued. 1 replied to the Attorney in the letter, stating I needed proof of this injury,
at which point they did not pursue it any further.
Regarding the police report taken on 06/2.6/08, St. Anthony City Ordinance Section 1130
states that peddlers and solicitors must obtain a license from dile city. Registration and its
conditions are required by the City of St. Anthony. Violation of this Ordinance is
considered trespassing.
Mr. Mcelhose and Mr. Ralls are in violation of our City's Ordinance that requires
solicitors and peddlers to obtain a license. Due to this fact, Mr. Mcelhose was in fact in
violation of a City Ordinance and in fact illegally on my property.
It should also be noted that I did speak to both Mr. Mcelhose and Mr. Ralls down the
street from my hone. Mr. Ralls told me he told Mr. Mcelhose not to go into the yard
because there was a dog there. Mr. Ralls stated he was sorry, he should have stayed with
Mr. Mcelhose.
Mr. Mcelhose stated to me he went into the yard, saw the dog, and ran. Mr. Mcelhose
stated he tripped and fell to the ground, and as the dog came up to him he tried to kick to
keep the dog away, and that is when the dog bit him.
The State definition for Provocation is an act that an adult could reasonably expect may
cause a dog to attack or bite. It is reasonable to expect a dog may bite someone on his
own property if in fact he is being kicked.
25
Law Analysis:
Minnesota State Statute 347.51 Dangerous Dogs. Subdivision 5 — Exemptions. Dogs
may not be declared dangerous if the threat, injury, or damage was sustained by a person;
(1) who was committing, at the time, a willful trespass or other tort upon the premises
occupied by the owner of the dog.
In Summary:
Two police reports were taken that resulted in parties trying to extort money for what is
better referred to as hush money.
05/18/07 — Oldre asked for five hundred dollars.
11/16/07 —'Cowie asked for fifteen hundred dollars, and brought on a frivolous lawsuit
that since has been dropped, due in fact to no evidence.
06/26/08 — An individual who is scared of dogs violates City Ordinance for solicitation
after being told not to go in the yard, resulting in injury.
Based on State Statute Guido cannot be considered "dangerous" and should be allowed in
the City of St. Anthony.
In conclusion at this point under State Law Guido has not fit the criteria as "dangerous"
in all of the police reports.
615.04 Impounding lees. (Subsection 1205.06, Subd. 2)
Impounding fee ..................................... $50, plus $15 per day
Boarding fee for each day or part
thereof dog is impounded ...................... Amounts to be paid under Subsection
1205.06, Subd. 2
615.05 Street Excavation Permit. The fee for the street excavation permit referred to in
Subsection 1310.03 is $50.00.
C>15.06 01her License Fees No person other -than tlte,G ty may engage in thefollowing
bus iesses or types of activity wtil74u4,fyst { ?ytng the fee listed iii iHis Ghaj ter and obc ming,:
licensc,as-pt;q�lded ju this Cllaplcr;.
Minnesota
License
Poe
Term
"Transferable
Statutes
Alarm, Business
$25
One year,
Yes
coil) in
$12.50 per alley
One year
With
July 1
Council
Alarms, Residential
$10
One year,
Yes
Christmas tree lots:
None
As stated in
commencing
Nonprofit applicant
license
July 1
$50
As stated in
AnnIsenlent Devices
$75 per machine
One year
No
Beer: Off -Sale 3.2
$100
One year
No
Clip. 340A
Percent Malt Liqur
License
Beer: On Sale 3.2
$350
One year
No
Chp. 340A
Percent Malt Liquor
License
Beer: Temporary
None
As stated in
No Chp. 340A
On Sale 3.2 Percent
license
Malt Liquor License
Bowling lanes
$12.50 per alley
One year
With
Council
Approval
Christmas tree lots:
None
As stated in
No
Nonprofit applicant
license
Other applicants
$50
As stated in
No
license
6-4
Applicable
Code Section
540
540
540
1000
1000
1000
1325
500; 600
26
Set-ups $350 One year No
6-6
�el e-
1000
RUM
525
550
566
575
Chp. 34013 1000.12
27
Liquor: On-Salc
$8,000
One year
No Chp. 340A
Intoxicating Liquor
Liquor: Sunday
$200
One year
No Chp. 340A
On -Sale
Mobile ]ionic park
None
One year
No
Multiple Dwellings
$7.00 per
One year
No
dwelling unit
Newspaper vending
$5 per machine
One year
Yes
machine
On -Sale Wine and
$100 processing
3.2 Malt Liquor
fee and $1,500
Combination
license fee
Pawnbroker
$5,000 License
One year;
No
Fee
I?xp-
$750 Investigation
12/31 of each
Fee
year
Peddler/Solicitol &
$50
No "�-
Tim
w: .
-
Occupancy Permit
$20
No
Physical Culture and
$250 license fee
One year
No
I3ealth Service or
and $500
Club, Reducing Club
investigation fee
or Salon, Sauna
deposit
Parlor, Therapeutic
Massage Studio
Public dance
$50
One day
No
Vending machines
$2 per machine
One year
Yes
(including gumball &
out machines)
All other coin-
$25 first machine;
One year
Yes
operated machines
$12 each
not otherwise
additional
covered in this
machine, up to a
Section, except
maximum of $180
nonperishable soft
drink machines
Set-ups $350 One year No
6-6
�el e-
1000
RUM
525
550
566
575
Chp. 34013 1000.12
27
28
Section 1120 - OFFENSES AGAINSTPROPERTY
1120.01 Injua eo Public Property. No person may wilfully or maliciously displace, remove
injure, damage or desire), a:
(a) Sri act, highway or bridge.
(b) Monument designating a boundary line.
(c) Public sign,
(d) "Telephone, cable television or electric line.
(e) Gas or water line.
(1) Sewer drain, pipe or connection.
Section 1 125 - OBSTRUCTION Of PUBLIC, ACCESS
1125.01 Obstruction. No person may obstruct any public street, highway, sidewalk or any other
public place or building, or the access to property abutting file same, by hindering or impeding or
tending to hinder or impede the free and uninterrupted passage of vehicles, traffic or pedestrians.
"t S.ectiou 1130 ^- Itl D1�LL;RS, SOl, tffORS`ANI)'TRANSILNr-1,"ME --JJ
lwl,,;0 01 ,1�e<'na�hons;zor purposes of this Section, the terms defined in this Subsection have the
following meanings:
,Subd. 1. "Peddler" means a person who goes from house to house, from place to place,
or from store to store conveying or transporting goods, wares or merchandise or offering
or exposing the same for sale or making sales and delivering articles to purchasers.
lil =Subd. 2. "Solicitor" means a person who goes from house to house, from place to place
or from street to street soliciting or taking or attempting to tale orders for sale of goods,
wares, merchandise or personal services for future delivery or performance.
Subd. 3. "Transient Merchant' means a person who engages in any temporary and
transient business selling goods, wares and merchandise from a building, structure,
vacant lot, vehicle or trailer in a zoning district where it is allowed by this Code.
e2�rf ^The nonrefundable registration fee is set forth in Section 615. Any peddler, solicitor or
transient merchant dealing with merchandise to be delivered to customers in Minnesota directly
from points outside of Minnesota is exempt from payment of the registration fee. Any person
soliciting money, donations or financial assistance for a religious or charitable organization or
selling merchandise for a fee on behalf of such an organization is exempt from payment of the
fee, but is required to register with the City.
11-6
29
1130.03 Conditions for Rcgistration. Registration with the City Clerk must occur at least five
days prior to the date when the activity is to commence. Persons registering must file with the
City Clerk an accwrate sworn registration statement on a form furnished by the City Clerk, giving
the following information:
(a) Name and physical description of the applicant.
(b) Complete [ionic and local address of the applicant and, in the case of transient
merchants, the local address from which proposed sales would be made.
(c) A brief description of the nature of the business and the product or services
involved.
(d) If employed, the name and address of the employer, together with credentials
establishing the exact relationship.
(c) The dates and hours of the day during which the activity will be carried on.
(f) The source of supply ofany goods or property proposed to be sold or orders taken
for the sale thereof, where such goods or products are located at the time
registration is filed and the proposed method of delivery.
(g) All solicitors are subject to a Minnesota Computerized Criminal History check, as
authorized under Minnesota Statute 299C.46. All solicitors applying for
registration shall sign a release authorizing the St. Anthony Police Department to
complete the above check The release shall be notarized or witnessed by a city
employee. Any solicitor with a criminal background, deemed by the Chief of
Police to be it public safety risk, will be denied permission to solicit and will be
notified in writing of the reason for such denial.
(h) The last municipalities, not to exceed five, where the applicant carried on business
immediately preceding the date of the application and the address from which
such business was conducted in those municipalities.
(i) Written statement of permission from fee owner of property where transient sales
are to be held.
1130.04 Exemptions. This Section does not apply to persons engaged in the following
activities:
(a) Selling personal property at wholesale to dealers in such property.
(b) Selling solely literature.
(c) Selling products of the farm or garden on the property on which the products are
grown and cultivated. A person claiming this exemption must submit a written
affidavit indicating that the products to be sold were grown on property where the
sales are occurring.
11-7
30
(d) Calling upon householders in connection with a regular route service for the sale
and delivery of perishable daily necessities of life such as bakery products and
dairy products.
(e) Calling upon householders at the request of the householders.
1130.05 Proof ofRe)istration. Upon receipt of a complete registration, the Clerk will transmit
the samc to the Chief of Police for approval. Every registration must bear the written approval of
the Chief of Police to be valid. Within five days after such registration, the City Clerk will
provide the registrant with a written certificate showing proof of registration.
1130.06 Reg stration Not Transferable. No registration is transferable from one individual to
another. Each individual must be separately registered where more than one individual is
involved in the same type of activity even though associated with the same organization.
1130,07 Practices Prohibited. No peddler, solicitor or transient merchant is permitted to call
attention to the business or merchandise by crying out, blowing a horn, ringing a bell, or by any
loud or unusual noise. No peddler, solicitor, or transient merchant is permitted to harass,
intimidate, abuse, or threaten a person or continue to offer merchandise for sale to any person
after being told not to do so by that person.
1130.08 Duration of Rel isbmtion. Each registration will be valid only for the period specified,
and no registration may extend beyond the 31st day of December of the year in which it is
granted.
1130.09 Exclusion. Any person who wishes to exclude peddlers, solicitors or transient
merchants from his or her premises may place upon or near the usual entrance to the premises a
printed placard or sign bearing the following notice:
"Peddlers and Solicitors Prohibited"
Such placard must be at least 3 3/4 inches long and 3 3/4 inches wide and the printing must not
be smaller than 48 point type. No peddler, solicitor or transient merchant may enter or attempt to
enter in or upon any premises or attempt to enter in or upon any premises where such placard or
sign is placed.
1130.10 Revocation. Any registration maybe temporarily suspended by title City Manager or
revoked by the Council for a violation of any provision of this Section. Before any temporary
suspension or revocation occurs, the registrant will be notified of the violation and will have the
opportunity to respond to it.
1130.11 Compliance with Zoning. Transient merchants must comply with all applicable
provisions of the City's Zoning Code.
1130.12 Investigation and Issuance.
(a) Upon receipt of each application, it shall be referred to the Chief of Police who
shall immediately institute such investigation of the applicant's business and
11-8
31
147.50-347-565,
47,50-347555 "nnesota Statutes
REGULATION OF DANGEROUS
W' "' Ile�Al10oB LDOGS
347,50 lll)<INI•I'hONS.
Subdivision it 1. Terms. Tor the put
of sections 3
section have the meanin
gs given them. 4�'S0 t° 347.56
Subd. 2 ban , the terms defined
ger'ons dog• "ban nr this
il) withoutprovocatiorr inflicted.
gorous dog" means any dog that has:
property Substantial bodil
Y harm ou a hmrrarr being on public or
i2) killed a domestic animal without
Private
(3) been found to be Provocation while bile off the
potentiall > daugerou,s, and after the o��'ner's 1), 01) Y dangerous, the do . „ Owner has notice That the dog is
dourest c animals. b aggressively bites
attacks, or endangers the safet
Subd. 3. potentiall
} dangerous do '� � Y ofhwnaars or
(1) when unprovoked g• 1 otentiall
nillicts bites on a human or dolues
dog,,
i2) when unprovoked means any do
„�strects chases or animal on >rrblic g that:
Si
1 Proaches a person, inclrrdin * <
or any public 1 °L,Pr ivate property;
'apparent or
Or proper( 9 a person ou a bicycle,
of attack; or Y other than the clog upon the
(3) has a lmou,rr PrOporrsit , --t b owner s propert
Y tendelrc 1 y m an r'
otherwise tlrr'eat, - Y, or dis position to attack Clung the safety ofhutuaus k unprovoked
Subd. 4. Proper enclosure. "> . or do can siu
I ro ter _ nestle anlrnals. g inju1Y or
securely enclosed andloc I enclosure°
ked eu means securely eonfi'ned ;u
providhr I or structure suitable to are idoors
g prntccfi°n fi�orn the elenre Dain a
Patio, or < nts for I vont the animal from esca »r
a11Y Part of a ]louse tile (Jog. A pro I g and
volit on, garage or other per enclosure does not include a
or any house or structure ' structure drat would
screens are Che n which whrdo allow the do Porch,
Duly obstacles ws are g to exit of its own
Subd. that prevent � °Pen or in which door
5 Owner. "Owner" Q1e dog' front °T window
Possessin means art exiting,
g, harboring, keep,Y Person, I'irnr
Subd, g, haviu corp°ntiorr, organizatio
6. Substantial bodilygan interest nr, or. n> or
section 609.02 harm. havhrg care custody dePantinent
Substantial bodil '
subdivisi° Y harm' or conb'ol of', dog
Subd. 6a, n 7a. has the
Gt•eat bodily meannig given it under
609.02, subdivision g 3 Larnr. "Great. bodily harm has tine meaning given it under section
Subd. 7. Animal co
county, munici nh'ol authority "A rinral control -
palit} or other governnerltal subdivision authorit "
anmal control or
' Y nrearrs an a
m its ' of the eSPOn °f c o state,
Jurisdiction. state which is res
Ponsiblo for
cause a dog tc attacl_or bite:_
32
347,51 taANGu12,gUs Dogs lusczsTzzATror.
Subdivision I. Regrurenlent• No person ma owe a dun Brous (10"
is registered as provided ill this section, y g
b n) this state unless the dog
Subd. 2. lZegof
dangerousl.
do animal control authority shall issue a Celli
flcale of re
the owner of a dangerous dog if the owner presents sufficient evidence that
(1) a proper enclosure exists for the dan r, 6istt ttion to
visible warner sig getous dog and a posting on the premises with a clearly
g, cn that there is a d to<re tit�ios, oil the �ro�ert_v, iuchtdlll�
nfoml children; t1it t abet ice. r� sof ds
b ,, wanring symbol to
(2) a surety bond issued b rni3at Ey
y a surety l ,jud ry authorized to conduct rosiness in this state in a
form acceptable to the animal control authority in the sutra Of' t ]east >f _ittag$t1I1 ilg� payable
o any person injured by SSUCd
the dangerous do
b l Y able
nsurance canpaey authorized to conduct rusurese me this stateain the lity an cn tulauCC to{ at I bast n �!)p
$300,000, iusurin, ) an
S the owner for any personal nljutres inflicted b tile
(3) the owner has paid an annual fee of not more than $500, in additiondto allyregular serous dog;
(icensurg fees, to obtain a certificate of registration for a darrgerous do
bular dog
(4) fire owner has had microchip identification implanted in the dangerous dog .
g under this section; and
section 347.515.
b as required under
Surd. 2a. o tale Ong symbol. Ilan � t3 aninml ccntr 1 au (ittrig , issues a certificate of
registrat on to fire owner of a dangerous dog Pursuant to subdivision 2, the sou
authority nrustprovide, for postinlg on the owner's ant to
reform children that there is ai asrimal con of
Y a copy Of a waruiug symbol to
must be the uniform �.t daargerous dog on the property p I Y the d�esipt�-;�warning symbol
���� symbol nrovid d b
uonsu#krtreii y�-an}i e _ Y the eornnrissioner of
' ....# el pxrPesHenaly The cormuissioner shall provide tile n unbelic i o r
copies of 111, warning symbol requested by eae
r charge the eeun# b- *lay lire animal control au
Y animal control autllorit tlror cost and shall
adrn animal conhol authority may charge lee regastlant a reasonable onable fee to cover its
ming symbols received. The
admin strat ve costs and the cost of the wanting symbol.
Subd. 3. tee. The e6t"Ay animal control authority
liay charge
addition to any regular dog licensing fees, to obtain alcezt fica of e Owner an armual fee, in
clog under, this section.
registration for a dangerous
Subd. 3a. Dangerous dog designation review.
dangerous dog an Beginn ng six months after a dog a
(, owner may request annually that the animal is control authority review the
d
designation. The owner must provide evidence that t11e dog's behavior has changed due to t11e
dog's age, neuter ng, environment, completion of obedience training that includes mod cation
2
33
of aggressive behavior,
or other factors. If the animal control authorit
fltat the dogs behavior has chauged, the authority ma
y finds sufficient evidence
Subd. 4. Law enforeement; 0xeniptiou. Thn �rovisitcsciud the dan e
bcr ous dog designation.
dangerous dogs used by law enforcement ofl5cials for pour of ori section do not
Subd. 5 T apply to
xempfron.-Dogs tray not be declared dan
tstaured b gcroasif the tlY t Person. neai; injtu ,
Ln;jl) who w >. or damage was
11, as committing, at the time
by the ov, alillSul trespass or other tort upon the prennses occupied
ner of the dog;
(2) who was provoking, tormcutin
repeatedly,g>
abusing, or assaulting the dg oin the pasC, provoked, tormented or who eau be drown
(3) who was connnit hr , abused, or assaulted the do
g or attempting to conunit a crime.
Subd 6
b, or to .have
Subd. .[nepealed, 181)2007 c 8 art g s 30)
7. Tag. A dangerous gerous dog reg
under this section must have a s andardized, easily
dcnhfiablc tag identif in
symbol, affixed to the do the dog as dangerous and coal vnin
g s collar rt ll times 1)h g the uufor7u dangerous dog
con qtr{+rtti< I e ec�rrn lj7:atrnes-o1-13lic—se#i t3^; af(et
i7 tniiticHntI f fees < ak sl t l lj fe bg d
Subd. S. Local ordinances. A statutory
or �fhe clfwif=r�-e4=rise-(�w.
an ordinance r egulathrg dangerous or potentially nae rile charter cit
R or a county, may not adopC
breed of the do dangerous do r,
g. Ordinances gs based solely on the specific
Subd. 9. Contracted servi es inconsistent With this subdivision are void,
another t+in Au animal cont autl_ i�r may contact w
political subdivision or other person to rovide
347.50 to 3 I the services rec u. th
345_Notwithstandin l urdor'sections
fees collected under sections 347.50 to 347.4 shall ur act entered
into under this subdivision, a
ant— h°ii-rand all ce paid to the U
rtif cares smmty anima
couboll aauth�y dW a�+Ori must be issued in the frame ofd1C 7 c�nhol
x =animal
347.515MICI2OCIIIP IDENT11aICATION.
The owner of a dangerous or potentially dangerous dog dog for ident fieation, and the name of g must have
the mieroclixp manufacturer and ridenti icationrnumberted III �of
the microchip le
must be provided to the an
by the owner, it ma nnal control authority
Y be implanted by the annual control authorltif the nucrooh p is notimplauted
to purchase and implantation of the microchip must be hnr„� authority. hr either case, all costs related
-
-p-vwllCr.
347.52 DANCEjZOUS DOGS;
RE QTJ11ZE1 M E NTS:
(a) An owner of a dangerous dog shall kee � the do
enclosure. If tile do 1 g, while on the o
g is outside the Proper enclosure, the do owner
property, in a prober
a substantial chain or leash and under the
g must be muzzled and restrained by
physical restraint of a responsible person. The muzzle
3
34
Oust be made in a manner that will prevent the dog from biting any per
will not cause injury to the dog or interfere wnjJ son or animal but Chat
i s vision or resp ation.
(b) deceased. irthc dog is removed owner of a dangerous dog nnuSt reuew the registration of tile nu
e dog anally until the dog is
deceasfrom the iurisdiction, it must be registered as a dangerous Clo
its new jurisdiction.
g in
(c) An owner of a dangerous dog must notify the animal control authority in writing of the death
Of the dog or its transfer to a new,tur�s� n location8our�lcon the do
of the death or transfer, and Must, if requested by the animal control �authl execute
a 0 clays
affidavit under oath setting forth either t11
he cn cumstances of the dogs death and disposition or
Che complete name, address, and telephone number of Che person Co whom Che dog has been
transferred or the address where the doh has _been relocated
(d) An animal control authority aabi�� sh�dl require a dangerous dog to be sterilized at ills owner's
expense. if the owner does not have the all sterilized \a:ithfn 30 do lbs animal control
authority n;ai� shall semi Che doe and have { tnin�ti it sterilized at Che owner's expense.
(e) A Person who owns a dangerous dog and who reg s property fiom another where the (jog reside Must disclose to the property Owner d 1 to entering the lease a r � b will
of any lease renewal that the person owns a din gtcemeut and St the time
ill reSide. at tile
(w A Person who sells it msfe:r;ti U n� � pa dangerouo dog mast notify the j ul� lins�t necv
Owner that the annual control authority has identified the dog as dangerous. The .yeller: cun__e tit
o��'i pr videinist alsthe notify the animalauthority
control anthorily in writing of the male trallsf�O�vggnlrit2
and provide the au Ona] control authority with the new owner's name, address, and telephone
number.
347.53 POTENTIALITY DANt—�lrI>l IUS ;; ZED PAN(>i?
Any statutoryor home rule charter cit �OIJS DO(}S.
y or any county, may regulate potentially dangerous and
dan4TerOMs dogs. Except as provided in section 347.51, subdivision 8, nothing in sections 347.50
to 54 347 565 limits any restrictions that fire local jurisdictions may place n owners of
Potentially dangerous or dans rcrous dogs.
347.54 CONFISCATION.
Subdivision 1. Seizure. (a) The animal control authority having jurisdiction shall immediately
Seize any dangerous dog if;
i
(1) after 14 days after the owner has notice that the dog is dangerous, the dog is not validly
registered under section 347.51;
(2) after 14 days after the owner has notice that the dog is dangerous, the owner does not s
Che proper liability insurance ecure
(3) the dog is not maintained in tile
surely coverage as required under section 347.5 1, subdivision 2 ;
the proper enclosure; u�
0
M the dog is outside the proper enclosure and not under physical restraint of a responsible
Person as required under section 34752: or.
(b) Tf au owner of a do c
is �
g onvicted of a crime for which the dog was originally seized, the Cour
may order that the dog be confiscated and destroyed in a proper and humane manner, and that the
owner Pay tine costs i11cun'ed in confiscating, confining, and destroying the dog.
Subd. 2. Reclaimed. A dangerous dog seized under subdivision 1 may be reclaimcd by the
owner of the dog upon payment of impounding slid boading fees, and presenting proof to the
appropriate animal control authority that the requirements of sections 347.51 and 347.52 will be
met'. A dog naf reclai11ned under this subdivision within seven days may be disposed of as
provided carder section 35.71., subdivision 3, slid tine owner is liable to the animal control
authority for costs incurred in conffining and disposing of tine dog.
Subd. 3. Subsequent offenses; seizure. If a person has been convicted of a misdemeanor for
violating a provision of section 347.51, 347.515 or 347.52, and l:he person is charged with a
subsequent violation relating to tine same dog, the dog must be seized by tine animal control
authority having jurisdiction. If the owner is convicted of the crime for which the dog was
seized, the court shall order that the dog be destroyed in a proper and hunnane manner and the
owner pay tine cost of confining and destroying the animal. df Kumon_{_ ol�ori c d ofdye
e nn t a th«r ty o€ -fee for t# aj slid k Gard„�-r,i� f sa aims
e dente If the owner is not couvicle l and
the dog is 1101: reclaimed by the owner within seven days after the owner has been notified that
the dog may be reclaimed, the dog may be disposed of as provided under section 35.71,
subdivision 3, ansd-th,-�
isz 1 at then=iy fAt Ilse e �t n ttd it
s mfr ins 4 n7peurx#tm ar # l'. 3osi'
347.5411 DISPOSITION O1' ST77r'n ANIMALS
Subdivision I ,f, rine*. The owner of at >
— —_I do declared dmieerous'has ehc iio't to a bearin
by an inmartial hearin =officer.
Subd 2 Secirrity. A nelson clainnine ao itntpraar ;,. , -, _
of I'he seizure
Subd. 3. Notice
The notice must include:
5
35
36
]learin r under this section:
such tinge as the hearin" officer issue. an cinion:
347. 1. 3'17.51 . eind 3'17.5? —=" ,
�il.a fol�nl. to reeuest a he<iru�r, under tltis r��
Sobel. 4_ RihC to hearing ",,, ,uu,ctnn�, t,isriiied be l
Ani hedime Inus�zeld ��ithin 14 ciays ofih<, tecuestto
tcrmine tilevalidity nf, rhr rt,.,,,
1347.5421 RLS7`I2IC'TIONS
Subdivision 1.
Dog ownershi ut ohihited. L�ac.eiL a. �)ro� ided in subdivi i Czso�
III ay owii 2 dog if tl7o perscm h i s
Subd. 2 Tlinisel>old mem bers. I,f an ,
m,embel of a household is>rotribited frons ot�<nir,l *ado
subdivisioll 1 Unless mecifie"IIIV qn..r...�,�
ant xorit
110 >erson in the hOUSebold is . erinitted to own a do„
va
,;uhd. ;3. I,)o£t o�iucrs➢ri keohibiti13
ou review. eeinninrarec ts alloc I Conviction under 37
sulid kvis ioHI th��kt mhiblts a person from owkiine a dor anil amorally then alder. the a c s 11 ltaa�t,
< _ _
c rest that the animal conirol authoriLN rcv lew theeLjrrohibition. `l.lr animal caiirol,iuthorir�_
nsav considek_such facts as the seriousness of the violation or violations that led to the
pro ibition. anv crimittal.conv_icti,ons. or other facts that the animal control +utlkorii�ccros
alvrodniate. The anunal control authority may rescind_ihe p oliibition entirely or rescind it with
limitations. The animal control autho city also mav_establish Condi ttons crson uaust meet
before the. prohibition is rescinded. inchkdin;�bur not liknited to. ucccssfiilly comph°:Cin¢ doa:
aini;ng or doe haudiitk, comses.Tf the animal Control audkorit} kc scinds a person's prohibition
and the person subset uclu fxiils to comply with any limitations imposed b} the aniknal control
authority or the person is convicted of anv animal violation invols ikj Lt11 L)vokcd bites or dog
att tcics, the animal contrwl authoi�it5 may jLerm;kncntly prohibit tj! d> rson f om owui It! a doa in
this state.
347.55 PENALTY.
(a) A -try A person who violates uH3< a provision of section 347.5 1 347.515 or 347.52 is guilty
of a misdemeanor.
(b) It is a misdemeanor to remove a microchip from a dangerous or potentially dangerous dog,
to fail to renew the registration of a dangerous clog, to fail to account for a dangerous dog's death
or chance of location where the doe will reside, to sign a false
affidavit with respect to a dangerous dog's death or rtnx xs1 fid si k e juris iiflt en change of
location where [tic dog will reside, or to fail to disclose ownership of a dangerous dog to a
property owner from whom the person rents property.
(c) A uerson v -ho is convicted of a second or subsegncniviolation of paranraph (a) or (b) is
",_uilty of across ukisdenicanor
(d) An owner who violatcs section 347.542, subdivision 1, is guilty of a gross misdemeanor,
1c) Any household member who lnlowingly violates section 347 542 sabdiv_ision 2, is.auilty
of a (yross misdemeanor.
347.56 DESTRUCTION OF DOG IN CERTAIN CIRCUMSTANCES.
Subdivision 1. Circumstances. Notwithstanding sections 347.51 to 347.55, a dog thaE
iii�iisted�aukiatantial�ktt�ieclily-hetiii-tai-a-liikniaii-lieiril�-en 13u{�lic�c�l�pt°iva{e-propet4�vv-itlicjut
�irE1�K�E£H382iiiifl'Abe-d25ti'fl,V�?d-ni-fi-l3ifip21=f1i3:d-lnkiitaHi'i3lfiHiit'1�3'f-i�it'-'d13N3ifl{tii3H1H�l-aiii}3<�H-Ei':-
3'lit flii3itlfl�-e(iHktO�-akkti3(�ii{;+-H3E1 i3E}t-d891rHy-{132-dL�g-i733ti-1--the-fiflt'-Hi kit{ -III- jf d IN
d Ser is i u a Bear rg�3e1 re a} kiip # l c1 en n3alct may be de�stroved in a proper and
hu.rnane manner by the animal control authority if the dog:
38
jl ui{licful ,nbsG2uti tl orreat hodil harm on a human onJ1_uliirc ofv rte rsd>ert wiUlout
prop oc ation:
ml7ictcd multi ile bites on a hunan ou,rnrbIic orT.1Y aLC ILI ANI—I, ithotn provoc�ltiom:
OIL) It muhiplC human trcrims nnpublic on ouva?ro .cast in the same a tack withoai
�rvyocation' or
U bit a huma�i on >ublic o�r_ivatG I7loperly �_i pout tnovocatiozl in all quack where more,
than onc�Unartremated m the attack.
Subd. 2. Hearin r. The anial control -1 autlnor�it u�fl uoe destroy the dors until ilre dog, oGvuer
has, had tlna n 2L)ortunitp for a hear un�� before au nupartial decision maker._
The definitions in section 347.50 and the exemptions under section 347.51, subdivision 5, apply
to this section.
1'141561 A1'PtI(Ab]Ll"6'Y.
Sections 347 50 to 34T56 mustbe enforced b animal control auth<uities of law co{orccanent
ae n�ies, whather a� nc'ri these sections lrry e been �dulcd Tufo loml ordinance.
39
From what I have observed Guido the black Labrador who lives at 3020 Croft Drive is
confined to his yard and does not run at large off of his property in the City of St.
Anthony. Guido is not of vicious character or a dangerous dog. Guido should be allowed
to reside at his hODIC of 3020 Croft Drive with his family.
aO
5000 Q26(-rIZ----1 A-/
j?(2
36,_�1--ceor--f Dr
9 c>2 _(I __ CAITLJ� -I
�C)�� C_Y-00- �) C.
40
From what 1 have observed Guido the black Labrador who lives at 3020 Croft Drive is
confined to his yard and does not run at large off of his property in the City of St.
Anthony. Guido is not of vicious character or a dangerous dog. Guido should be. allowed
to reside at his home of 302.0 Croft Drive with his family.
36 ll U �W
41
To whom it may concern:
On 11 /16/07, 1 observed a loud pickup truck pulling into my neighbor directly across the
streets (Maria Merrill -3012 Croft Drive) driveway. Looking out for my neighbors, as I
always do during the day when I am home, I thought it was a bit strange that someone
would be arriving at her house in the middle of a weekday when she is at work. I
observe a man with dark hair and a mustache exiting the truck, alone. At this point I am
observing to make sure he is not trying to burglarize the home. With my phone in my
hand and ready to call the police, I see him leave something in her door and walk baci,\
to the truck and leave.
Later, I was informed that this man alleges he was bitten by Guido. There is NO
possible way that he could have been bitten as I saw him exit his truck, reenter his truck
and leave the property.
Marla Birmingham
3009 Croft Drive
St. Anthony, MN 55418
612-968-665201!
..__..,_,...
-�
sy
Date: August 75, 2008
To: Whom it May Concern
From: Teresa Flagg
Subject: Gordy, Chance & Wyatt Blackey's Dog, Guido
In the late afternoon/early evening on May 17, 2007, 1 watched as a Schwan's driver pulled up to the
end of the Gordy Blackey's driveway. Since I knew the Blackey's were not home at the time, I called to
the Schwan's driver and motioned for him to come to our home first. When the Schwan's driver
approached me, I informed him that the Blackey's were not home and that he shouldn't bother coming
back unless he saw a truck in the driveway.
A few days later, I was very surprised when Gordy informed me that the Schwan's driver had indicated
that Gordy's dog, Guido, had bit the driver because I knew he left without approaching the house when I
had seen him and, if he did come back, he had been advised the Blackey's were not home unless he
could see their vehicle in the driveway.
j
Teresa Flagg v U
3017 Croft Drive
St, Anthony, MN 55418
43
Message left on August 31, 2008
Susan Mon resident at 3028 Croft Drive
She called regarding Guido and stated that they live just down the street. The dog looks
scary but to her knowledge he has never bitten anyone. She stated Guido has proven
himself to be just a barker. She stated she has lived in the neighborhood 1'or 10 years and
she doesn't think Guido is not a dangerous dog. She indicated that she was unable to
attend the council meeting but wanted the city council to know this information.
P tilt q55 29Po closelan Rardixo l
August 27, 2008
Michael Morrison, City Manager
City of St. Anthony
St. Anthony Village City Hall
3301 Silver Lake Road
St. Anthony, Minnesota 5541 B
Dear Michael,
Below is a brief description of file proposed renovation of Emerald Park:
The concept plan for the renovation of Emerald Park provides improved facilities for a variety of
uses and offers a range of amenities for the residents of St. Anthony Village.
Recreational and athletic users will find newly renovated fields for soccer and baseball, along
with new removable hockey boards, and space for open skating. Athletic field lighting will be
improved. A new park building will provide restrooms along with a flexible space suitable for
community meetings and for use cls a warming house.
Families will find a new playground, with equipment suitable for preschool and school-age
children. A splash deck will provide additional summer fun. An arbor will be constructed near the
playground to provicle a shady refuge.
A new picnic area and shelter will provide space for both large and small gatherings in the
southeast corner of the park. The new picnic area will be nestled into the existing trees. A
perimeter walkway will provicle space for strolling around the entire park, and cars will be moved
to parallel parking allowing the existing parking lot to be converted into green.
There will be references in the park of the cultural history of the site, which among other things was
once the site of an apple orchard.
The schedule for the project is set to complete construction documents by November 2008 with
--
documents sent out for bid in December. Construction will start spring of 2009 with construction
complete October of 2009.
Sincerely,
Jean M. Garbarini ASLA
CLOSE Landscape Architecture+
soo ml Aonne North Suk, Sao, MionceJIMN, 1114 Sq ,oi
Emerald Park
Reconstruction Project
CLOSE
LANDSCAPE ARCNITECTURE+
Project Location
m
47
r � r
Preliminary Cost Estimate
Close ik:nclscape Architecture
Item COSI
Sita preparalion,tbemoliflon: (removals, tree protection)
$ 33,947.00
Earrhwatk: (rough and finish grading, Import sand, instals draintile)
$ 85,752.00
Bituminous: (parking areas, perimeter trail)
$ 31,34¢,00
Concrete: (walks, play oreo curb, curb and gutter/repair)
$ 51,531.00
Sita E10,16cal: (athletic field lights, pole lights, sign lighting)
S 45,540.00
Miscellaneous Silo improvements: (main park building, picnic sheiter, arbor, splash deck, hockey boards, drinking
Fountain, site furnishings, bike racks, fence, signage)
$ 809,839.00
Landscape Improvements (trees, shrubs, turf, irrigation)
S 74,893.00
Fees: {Ioyout, professional fees, mobilization, contingency, testing)
$ 324,885.09
Prelim ivory Two
S 1,407,B3B.00
Project Schedule
Project Schedule
Parks Commission Meeting
City Council Meeting
Programming Meeting with parks Commission
Final Plan Acceptance from Parks Commission
Neighborhood Open House
Construction Documents out for bid
Construction Start
Construction Complete
September 8, 2008
September 9, 2008
October, 2008
November, 2008
December, 2008
January, 2009
May, 2009
October, 2009
CITY OF ST. ANTHONY VILLAGE
RESOLUTION 08 - 057
A RESOLUTION AUTHORIZING CLOSE LANDSCAPE TO BEGIN THE DESIGN
DEVELOPMENT, CONSTRUCTION DOCUMENTS, BIDDING AND
CONSTRUCTION ADMINISTRATION FORTHE EMERALD PARK
RENOVATION PROJECTWITH THETOTAL BUDGET OF $1,408,000
WHEREAS, the Parks Commission has been working with Close Landscape
Architecture in the redesign of Emerald Park; and
WPILRE,AS, Close Landscape Architecture presented a redesign plan to the St.
Anthony City Council in 2006; and
Wl-ILRE'AS, the City Council tabled the project for future consideration; and
W1 IERE'AS, the Park Commission revisited the redesign of Emerald Park at their june
9, 2008 meeting and have adjusted the monetary figures to reflect pricing
for 2009; and
WHI RLAS, the City of St. Anthony has established funding for the Emerald Park
Renovation project; and
WHEREAS, the St. Anthony City Council approves the redevelopment of Emerald
Park .
BE TI' THEREFORE RESOLVED, that the City of St. Anthony City Council authorizes
Close Landscape Architecture to begin the design development, construction
documents, bidding and construction administration for the Emerald Park Renovation
with the total budget of $1,408,000
Given my hand and seal this 9th day of Sep ember 2008.
ATTEST:
City Clerk
Review for Administration:
Mayor
City Manager
M
50
MEMORANDUM
DATE: September 4, 2008
TO: Mayor and City Council Members
FROM: Mike Morrison, City Manager
Roger Larson, Finance Director
ITEM: PROPOSED 2009 OPERATING BUDGET & PROPERTY TAX LEVY
The following is a review of the 2009 Proposed General Operating Budget and Property
Tax Levy. The budget reflects a dollar increase of $278,800 or a percentage increase of
5.58% from last year's operating budget.
.Issues impacting the 2009 budget include:
1) Cost of living adjustment for City Staff (3.5%).
2) Employer health insurance costs increased.
3) Final 1/3 cost for the hiring a new police officer ($30,000).
4) Rising cost of motor fuel.
5) Improved code enforcement program ($18,500).
6) Increased maintenance costs for City buildings, parks, equipment and
vehicles.
Review of the General Fund Levy:
The proposed General Fund operating levy for 2009 totals $2,945,511. This represents a
dollar increase of $148,611 or 5.31% percent. It is the maximum levy limit allowed by
the Minnesota Department of Revenue.
Road Improvements & Other levies:
As part of the Financial Management Plan, the following changes were made to the
levies:
1) The pay-off of the 1999A and 2003D road improvement bonds were removed from
the road improvement levy.
A. Total reduction = $87,000.
2) Silver Lake Road improvement was added to the road improvement levy.
A. Impact is offset by $37,000
3) Tax Abatement levy was increased by $50,000 for Emerald Park,
A. Net effect = No increase in property taxes
51
Total Levy:
The 2009 levies are as follows:
Truth -in -Taxation:
This year, St. Anthony must hold a Truth -in -Taxation hearing. The maximum
inflationary levy allowed by the State for St. Anthony equals $4,454,413. The City's
total proposed levy applicable to the inflationary increase is $37,024 over the threshold
(Proposed levy of $4,601,937 less the $110,500 HRA Levy = $4,491,437).
Summary:
The information necessary to compile a reasonable proposed 2009 Operating Budget and
Property Tax Levy is a representation of financial management planning established at
City Council work sessions held on April 29th, July 29fl' and September 3`d.
Levy
Increasel(Decreasel
General Fund Levy
$2,945,511
$148,611
Road Improvement Levy
$1,059,596
$ 91,565
Lease Revenue Bonds
$ 399,536
$ 5,119
HRA Levy
$ 110,500
$ - 0 -
Tax Abatement — Central Park
$ 79,294
$ 51,554
PIRA Levy
$ 7,500
$ - 0 -
$4,601,937
$296,849
Truth -in -Taxation:
This year, St. Anthony must hold a Truth -in -Taxation hearing. The maximum
inflationary levy allowed by the State for St. Anthony equals $4,454,413. The City's
total proposed levy applicable to the inflationary increase is $37,024 over the threshold
(Proposed levy of $4,601,937 less the $110,500 HRA Levy = $4,491,437).
Summary:
The information necessary to compile a reasonable proposed 2009 Operating Budget and
Property Tax Levy is a representation of financial management planning established at
City Council work sessions held on April 29th, July 29fl' and September 3`d.
City of St. Anthony
2009 Proposed
Budget
Our Goal is to be a progressive,
livable, walkable Village which is
safe and secure
2008 Goals and Objectives
Environmental Stewardship & Rehabilitation.
Improve and Maintain Infrastructure.
Technology Advances.
Improve and Maintain Housing Stock.
Senior Transitions
Budget Calendar - 2009
✓ January 10 & 11, 2008 -- Goal Setting, f=inancial
Management Planning and Budgeting Discussions.
✓ April 22, 2008 — Public Hearing for Resident Input.
✓ April 29, 2008 — Work Session with Staff & City Council
to Review Capital Equipment Needs.
✓ July 29, 2008 — Work Session to Review Proposed 2009
Budget & Tax Levy.
✓ September 8, 2008 — Work Session — Levy Limits/Budget.
✓ September 9, 2008 -- Resolution Passed Setting
Proposed 2009 Budget, Tax Levy and Truth -in -Taxation
Dates.
✓ November 12, 2008 — Proposed Property Tax Statements
mailed to Residents.
✓ December 8, 2008 — Presentation of 2009 Budget & Final
Adoption of the 2009 Property Tax Levy.
Issues that Impact the Budget
Cost of Living Adjustment for City Staff.
Employer Health Insurance Costs has
Increased.
Final 113 Cost of Hiring a New Police Officer.
Rising Cost of Motor Fuel.
Improved Code Enforcement Program.
Increased Maintenance Costs for City
Buildings and Parks.
State Legislature
Legislature Approved the
Implementation of Levy Limits.
Years 2009, 2010 & 2011.
Levy Limit Set by MN Department of
Revenue.
$2,945,511
General Fund Budget/Levy
2008
2009
Dollar Percentage
Budget
Budget
Increase Increase
$4,998,600
$5,277,400
$278,800 5.58%
2008
2009
Dollar Percentage
Levy
Levy
Increase Increase
$2,796,900
$2,945,511*
$148,611 5.31%
`Levy Limit set by MN Department of Revenue
GENERAL FUND EXPENDITURES
inance &
General Govt F
Parks Insurance
Public Works 4.7 °r° 7'§% 5.4%
15.4% Inspections
1.9%
Fire
16.8% -
Police
29.4%
Contracts
18.9% I I 0
2009 Total
Proposed
Levy
2008
2009
General Fund
$2,796,900
$2,945,511 -
Roads
$ 968,031
$1,059,596
Public Facilities
$ 394,417
$ 399,536
HRA Levy
$ 110,500
$ 110,500
Tax Abatement
$ 27,740
$ 79,294
PERA
$ 7,500
$ 7,500
Total Levy
$4,305,088
$4,601,937**
* Levy Limit Established
by State Legislative Action
**Total levy increase with Roads — 6.90%
Changes to the 2009 Levy
Paid Off the 1999A & 2003D Road
Improvement Bonds.
Reduction in the levy = $87,000.
Silver Lake Road Improvement Bonds.
Added to the Road Levy.
Impact is Offset by $37,000 Reduction in Levy.
Emerald Park - Redevelopment
Increased Tax Abatement Levy by $50,000.
Reduction in the Road Improvement Levy = $50,000.
y Net Effect = No Increase in Property Taxes.
Next Steps in the Budget Process
Truth -in -Taxation Notices — November 12, 2008
Questions - Call the Finance Director (Roger Larson).
(612) 782-3316
Truth -in -Taxation:
Monday, December 8, 2008 - 7:00 PM.
Presentation of 2009 General Fund Budget and
Property Tax Levy
-- - ------ ........- - -
City of St. Anthony
2009 Proposed
Budget
Our Goal is to be a progressive,
livable, walkable Village which is
sate and secure
CITY OF Sl' ANTHONY
RESOLUTION No. 08-058
A RESOLUTION SE'I"LING TI11 CITY OF SP. ANTHONY PROPOSL_D 2009 TAX LEVY
AND BUDGET IN COMPLIANCE WITI-I TI II; TRUI'I11N TAXATION ACT
WHEREAS, State Law requires that the City of St. Anthony provide Hennepin and Ramsey Counties with
a proposed certified 2009 property tax levy and budget; and
WHEREAS, the City Council discussed key financial issues and budgeting goals at their January, 2008, goal
setting session, held a Public hearing on April 22, 2008, reviewed the 2009 tax levy and budget
at their April 29, 2008 and July 29, 2008, work sessions; and
WHEREAS, the City Council further reviewed the 2009 properly tax levy, operating budget and the levy limit
established by the Minnesota Department of Revenue at their September 3, 2008, work session;
and
WI E'REAS, the furnishing of this proposed tax levy and budget is made contingent upon any revisions being
allowed if current law is modified; and
WHEREAS, the information required for the City Council to determine a definitive tax levy will be
determined when the City of St. Anthony holds its Truth -in -Taxation public hearing on Monday,
December 8, 2008; and if necessary hold its reconvening hearing on Tuesday, December 23,
2008;
NOW, THF,REFORE, I E' IT RESOLVED that:
1) The collectible 2009 proposed property tax levy is:
General Fund Property Tax Levy
Road Improvement Levy
Lease Revenue Bonds/Public Facilities
Housing & Redevelopment Authority Levy
Tax Abatement Levy - Central Park/Emerald Bonds
PERA Rate Increase Levy
Total 2009 Proposed Tax Levy
2) The 2009 General Fund Proposed Budget totals $5,277,400.
Adopted this 9th day of September, 2008
ATTEST:
City Clerk
Review for Administration:
Mayor
City Manager
$2,945,511.00
$1,059,596.20
$ 399,536.00
$ 110,500.00
$ 79,294.00
$ 7,500.00
$4,601,937.20
58
CO3O6.'.
Iry
(J
Report Date:
Meeting Date:
T2.62LESTEO.R OOkNCIL CONSIUFIATION
ITEM DESCRIPTION:
MANAGER'S REVIEW;
September 9, 2008
September 9, 2008
Agenda Section: VI.B.
Resolution 08-059; To Change the City Council Meeting
Scheduled for the Second Tuesday in December to the
Second Monday in December, following the Truth -In -
Taxation Meeting.
Due to the 2009 Proposed Levy, the City of St. Anthony is
required to hold Truth -In -Taxation hearing. This hearing
will be held on December 8, 2008.
We are proposing to change the regularly scheduled
meeting for December 9tII to December 8+h immediately
following the Truth -In -Taxation hearing.
Michael Morrison
City Manager
ZACouncil Meetings\20081090920081staff changing council meeting.doe
m
CITY OF ST. ANTHONY VILLAGE
RESOLUTION 008-059
A RESOLUTION TO CHANGE THE CITY COUNCIL MEETING SCHEDULED FOR
THE SECOND TUESDAY IN DECEMBER, TO THE SECOND
MONDAY IN DECEMBER, FOLLOWING THE TRUTH -IN -TAXATION MEETING
Wl IEREAS, the City Council meets regularly on the second Tuesday of each month,
December 9111; and
WHEREAS, the City Council is required to have a Truth -In -Taxation meeting which is
scheduled to be held in the beginning of December; and
WHEREAS, the City Council will change the regularly scheduled meeting from
December 9, 2008 to December 8, 2008 following the Truth -In -Taxation
Meeting,
NOW, TI IERI GORE, 131:1 IT REVOLVED, that the City Council of the City of St. Anthony
hereby changes the City Council meeting scheduled for the Second Tuesday in
December, to the Second Monday in December following the Truth -In Taxation
Meeting.
Adopted this 9t" day of September, 2008.
ATTEST:
City Clerk
Review for Administration:
Mayor
City Manager
me
FUTURE COUNCIL AGENDA ITEMS
September 2, 2008
Meeting
Meeting
Staff
Items/Issues
Date
Type
September 23
Regular
Planning Commission items from September 16
Kiwanis Peanut Day Proclamation
Special
Special
Joint Meeting with School Board
September 30
5:30 p.m.
Council
Worksession
Dept. Heads
Tabletop Exercise by Fire Chief
October 14
Regular
Approve Election Judges for Presidential Election (Consent Agenda)
Ehlers & Associates
Public Hearing on the proposed Property Tax Abatement for
Emerald Park and resolution approving the Property Tax Abatement
October 28
Regular
Planning Commission items from October 21
City Engineer
Approve plans and specifications, and order advertisement for bids
2009 Street Reconstruction
City Manager
Quarterly Goals Update
Council
Worksession
November 5
Special
PWD
Capital Improvement Plan
5:30 p.m.
Finance Director
Water/Sewer Rates
City Engineer
Sebesta Blomberg
November 12
Regular
November 25
Regular
Planning Commission items from November 18
December 1
Special
Truth In Taxation Hearing
(tentative)
December 3
Special
Worksession
5:30 p,m.
December 9
Regular
City Engineer
2009 Street Improvement Update
December 23
Regular
Planning Commission items from December 16
2009
January 13
City Engineer
Approval of three resolutions on improvements hearings
and special assessments
Consent Items
Housekeeping Issues
January 27
Planning Commission items from January 20
City Engineer
Public Hearing for project and assessments, award bid for 2009 Street
February 10
Improvement Project
Ehlers & Associates
Call for Bond Sale for 2009 Street Improvement Project
Call for sale of G.O. Bonds Sales 2009B Emerald Park
September 2008
Monthly Planner
Monday r. Ttlesday Wednesday . Thursday Pritlay
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13
Bpm
City Council
Meeting
Primary [lection
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Single Garbage
1-IaWer Task
Planning
Force Meeting
Commission
6:30 pm
meeting 7 pin
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City Council
Meeting 7 pm
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A„K 2008
WHO
Joint Meeting
S M IF W IF F S
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With School
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Printeo oy Catenoar ureator for vvinaows on 8/6/2556
Sep 2008
S M T w T R S
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Monthly Planner
Nov 2008
S-21 F w T IF s
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Worksession
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Holiday
City Council
ii. Jutihrv;y
Meeting
';h?r11Jar pi
G; rdid;slr'a
Oalsln
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25
Single Garbage
Hauler Task
Planning
Force Meeting
6:30 pm
Commission
meeting 7 pm
26
27
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31
City Council
Meeting 7 pm
CITY OF ST. ANTHONY VILLAGE
HOUSING AND REDEVELOPMENT AUTHORITY AGENDA
September 9, 2008
Call to Order.
Roll Call.
I. Approval of September 9, 2008, H.R.A. Agenda.
II. 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 event the item will be removed from
the Consent Agenda and placed elsewhere on the agenda.
A. Approve August 12, 2008, H.R.A. Minutes. (pp. 1- 2)
B. Claims. (p. 3)
III. Public Hearings.
IV. General Policy of Business of the H.R.A.
V. Staff Reports.
VI. H.R.A. Commissioner Comments.
VII. Information and Announcements.
VIII. Adjournment.
ZACouncil Meetings120081090920081HRA agenda.doc
1
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LO
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CI'T'Y OF ST. ANTHONY
HOUSING AND RFI)EVLLOPMEN7' AUTI-TORI'I'Y MEETING
AUGUST 12, 2008
CALL TO ORDER.
Chair Faust called the meeting to order at 8:15 p.m.
ROLL CALL.
Commissioners present: Chair Faust; Commissioners Gray, Roth, Stille, and Thuesen.
Commissioners absent: None.
Also present: Executive Director Michael Morrison
1. APPROVAL OF AUGUST 12, 2008 H.R.A. AGENDA.
Motion by Commissioner Gray, seconded by Cominissioner Thuesen, to approve the August 12,
2008 Housing and Redevelopment Authority Agenda as presented.
Motion carried unanimously
11. CONSENT AGENDA.
Motion by Commissioner Roth, seconded by Commissioner Stifle, to approve the Consent
Agenda, which consisted of, -
A.
f:
A l_I_.R AM;eetin,Mi_nutcs of July 22, 200$; and
B. Claims.
Motion carried unanimously.
111. PUBLIC REAR1NGS.
None.
IV. GENERAL POLICY BUSINESS OP TF E H.R.A.
None.
V. STAFF REPORTS.
City Manager Morrison reported that an update on Silver Lake Village will be provided soon and
that there are no issues or concerns at this time.
VI. H.R.A. COMMISSIONER COMMENTS.
None.
1
1
2
3
4.
5
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7
8
9
10
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14.
15
t6
Housing and Redevelopment Authority Meeting Minutes
August 12, 2008
Page 2
VII. INFORMATION AND ANNOUNCEMENTS.
None.
VIII. ADJOURNMENT.
Motion by Commissioner Roth, seconded by Commissioner Stille, to adjourn the meeting at 8:17
p.m.
Motion carried unanimously.
Respectfully submitted,
Robin flartness
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