HomeMy WebLinkAboutCC PACKET 05101988 Meeting Sheet
IIIIII VIII I�III VIII VIII VIII IIII IIII
100609
Box: 18
Folder. CC PACKETS 1987-1989
Document: CC PACKET 05101988
ADVERTISING/
hone Hawkins L)yVE 1.4 J yS (TYPE)
. - - c"
r� SO 1 E. Cty Rd. F_ i- - - SALESPERSON INAMEI -
'�� WHITE BEAR-LAKE, MN. 55110 3C! 4AP 33
maz& DATE
(612, 429-7791 STOCK u_ '
CJ,JT •)L 4 331/SY INS. CO. _ 1 A 1;e-1, I d:
POLICY li "j 3/D
NAME S CITY .)c 3 NVE-i-14y NAME NA
BUYER'S CO-BUYER'S
DRIVERS LIC. N DOB DRIVERS LIC. # DOB
STREET 33C'1 3IL VER LAKE P34D RESIDENCE >j-33 j1
ADDRESS
CITY STATE -r .ridrrl•JtdZ , !4:4 ( iEhidFr'!.i 27 ) » I3 BUSINESS
COUNTY,ZIP PHONE
PLEASE ENTER MY ORDER FOR A_® '-3 j 3 _'E P-)L E f �� CAPP i,c 13L 5) 1 D:? =Ji v)
DEMO (YEAR AND MAKE) UCK (MODEL) (BODY TYPE)
LICENSE
COLOR BODY 'IdITe ROOF TRIM 31 JE SERIAL NO. I'=3L Di
CASH DELIVERED PRICE OF UNIT $ LOCALLY INSTA LLED-0 $
FREIGHT _:l:L . . F)X 1 s?
OPTIONS '�3 FEP a[ .l:)h' S f I C ER
.31LI :q, i.vJ E.. . ✓.
TOTAL PRICE OF UNIT $ ]?C-
TRADE IN YR. MAKE
MODEL AND EOUIP.
TRADE IN ALLOW. AND DISC. $ 'A
BALANCE $ 12 ?.I
LOCAL DEALER HANDLING AND ADJUSTMENTS $ INCLUDED
RUSTPROOFING YES NO C $
PAINT SEALANT YES NO C $
FABRIC PROTECTOR YES NO $
BALANCE $
SALES TAX $
XJ LICENSE $
DOCUMENT ADMINISTRATION FEE $
RECORDING/TRANSFER + CERTIFICATION — $ ��
BALANCE FEES $
6ESS.GAS �l� fosfd�P $ ;
Buyer certifies that all pollution control equipment CUSTOMER'S SIGNATURE SERVICE CONTRACT YES NO •� $
on the trade-in vehicle is intact and in operating ,, r•;
condition. X BALANCE DUE ON DELIVERY $
DEALER DISCLAIMER OF WARRANTIES
Any warranties on the products sold hereby are those of the manufacturer. As between The retail seller.Thane Hawkins
Polar Chevrolet,Inc..and buyer.the product is to be sold as is,and the entire risk as to the quality and performance of the DATE
product is with the buyer.The seller expressly disclaims all warranties.either express or implied.including any implied
warranty of merchantability or fitness for a particular purpose,and the seller neither assumes nor authorizes any other
person To assume for it any liability in connection with the sale of said products. The buyer acknowledges being so JA a2z 54�j�
in prior to the sale- i CUSTOMER$IGNATU
The front and back this CONTR T comprise the fir CONTRACT affecting this purchase.The DEALER will not K ognixe any verbal agreement,or any other agreement or understanding
of any nature.I certi that do c,. has been..tended to a for the purchase of this motor VEHICLE except as appeart in writing on the face of this CONTRACT.
The terms of t ONTR CT re a'reed upon �nddt CONTRACT signed in this dealership on the date
noted at top of i1or t Y are rrengin cr 1 r ME,this CONTRACT is not valid until a credit IMPORT NT: I UNDERSTAND THAT THIS MAY BE A\BINDING _
disclosure is e s e ribe in R ulatio a I ave accepted the credit extended.. CONTR T AND 1 MAY LOSE ANY EPOS S IF 1 0 NOT PER-
NOTICE OF s LI A H Irr �RM CORDING T ITS TER M$/-'
Accepted
This order Is not valid unless signs nd aeeepted by Saks Manager or Officer of Company. U)r9f' IenBtUfe
THIS ODOMETER MILEAGE STATEMENT REFERS T EHICLE BEING SOLO
alse stetemen ma Y
_ You are required by law to disclose the actual odometer reading at the time of transfer.Any fill make you liable for civil and criminal penalties pursuant to the Federal
Motor
Vehicle Information and Cost Savings Act and Minnesota Laws 1973 Chapter 264 and 1977 Chapter 105.
I(wet-_ THANE HAWKINS POLAR CHEV.8 MAZDA.INC. ,the owner(s)of this vehicle,certify the vehicle is free of security interests.warrant title.assign the vehicle and taxes paid
to the personls)named below and state that the odometer on the vehicle described below now reads' 3 — l kilometers.
CHECK: 11),1 hereby certify that to lhe`bem of my knowledge the odometer reading as stated above reflects the actual mileage of the vehicle described below.
ONE 12)1 hereby certify that to the best of my knowledge the odometer reeding as stated above reflects the amount of mileage in excess of designed mechanical odometer limit of
BOX 0 99.899 miles/kilometers of the vehicle described below.
ONLY 13)1 hereby certify that to the best of my knowledge the odometer reading as stated above is not the actual mileage of vehicle described below and should not be relied upon.
C I TY OF S T - ANTHONY
C OUN C= L EXE C UT 2 VE
S E S S 2 ON AGENDA
MAY 1 0 1- 988
6 : 45 P _ M .
1. Call to Order.
2. Roll Call.
3 . Closed session with Briggs and Morgan to discuss
settlement of TCAAP Lawsuit with MinnTransfer Railway,
and Walburn, Ltd.
4 . Adjournment.
MArTHEw J.LEVITY JOHN B."'AN DE NORTH.JR. L A'P OFFICES ROBERT E.MOODS MICHAEL J.GRIMES
COLE OEHLER RICHARD G.MARK WILLIAM J.JOANIS NUBIAN M.DURKIN
ROBERT M.Bo.-Ex ANDRrw C.SELDC B I G G S n M O G A \ MARGARET K.SAVAGE CBRISTOPBEB C.CLEVELA.ND
ROBERT G.SHARE ANDRE-C.BECHEe JOHN K.ELLINGBOE NAxcY D.ABNISGN
BURT E.SKANSON JEFFREY J.KEYES BBIAN G-BELISLE MICHAEL J.MCELLISTHEM
M.J.GALVIN.JR. JAMES E.NEL<oN- PROFESSIONAL ASSOCIATION To,-Y STEMBEBOER LAUREN A.FITHIAN
DAVID C.FORSBERG JEROME A.GEIS MART E.SCHAFFNER PAUL S.JACOBSEN
JOHN J.MCNEEIT STEVE A-BRAND MICHAEL H.STREATER COLLEEN V.SHORT
MCNETL V.SEYMOUR,JR. JOEL H.GoTTEs.AN JOHN R.LINDSTROM DIANA J.VANCE-BRYAN
JERRY F.ROTMAN KARLN L.WILLE 2200 FIRST NATIONAL BANK BUILDING RICHARD D.A.%-DERsoN SEAL T.BL'ETHL
TERLmce N.DOYLE ALAN R.MACLLN SALLY A.ScooGIN SUSAN B.THOMAS
RICHARD H.KYLE JEFFREY F.SHAM' DAVID C.McDoNALD TIMOTHY J.KEENAN
JOHN L DzVNEY MATrHrw L.LEYIrT SAINT PAUL,MIN`N`ESOTA 55101 BRUCE W.MOOTT ROBERT L.STERUP
RONALD L.SORENSON DAVID G-GREENING AXDRE4 R.KINTZINGER MICHAEL THOMAS MILLER
PETER H.SEED DAVTD B.SAND FREDERICK P.ANGST CARLOS R.CARRASOUILIA
SAMUEL L.HANSON JOSEPH P.NOACK TELEPHONE 1612) 291-1215 ROBERT L.LEE KRISTIN S.MELBY
RONALD E.OacaARD CHARLES R.RAYNOR AL-N RvNTBODS ELENA L.OsTaY
JOHN TROYER AxDaEA M.BOND GREGORY J.STEA-MOE KEVIN J.RINIKER
STEPHEN WINNICK TIMOTHY P.FLAHERTY TELECOPIER 16121 222-4071 CHARLES B.ROGERS RUTH J.KELNAN
- . L.GORDON MARTIN E.FISK TERBT L.SLYE VINCENT A.THOMAS
JOHN R.KENEFICB ROBERT J.PRATTE MAUREEN E.WARREN MARK J.FRENZ
THOMAS A.LARSON JOHN BULTENA NARY M.DTRSETH NANCY J.WOLF
DAVID J.SPENCER JAMES G.RAT PATRICK M.GABBY DENNIS L.HALL
DANIEL J.COLE.JR. RICHARD H.MARTIN TIMOTHY E.MARK ANDREA M.MACHNEIER
DOUGLAS L SKOR TBrDY J.H—, INCLUDING THE FOB-�2EH FIRM OF CHERYL A.THOMAS PATRICK T.SHELLY
MICHAEL H.JEBONIMUS MARY LAPPEL LEVITT, PALMER, BOWEN, ROTMANT & SHAKE KEN-IN A.BERG DIANE B.LTTLE
R-SCOTT DANES JAMES A-VOSE NARK SCHROEDER
J.PATRICK MCDAVTTT ROBYN L.HANSEN M.BRIGID MCDONOLOH OF COUNSEL
J.NEIL MORTON
RICHARD E.KYLE
JOHN M.PALM ER
SAMUEL IL
April 29 , 1988 FRANK N G\RARI
A.LALBENCE DAVIS
CLARENCE G.FRAME
FaANH HAMMOND
LEONARD J.KEYES
JOHN M.SULLIVAN
Mr. David M. Childs
City Manager
City of St . Anthony
3301 Silver Lake Road
St. Anthony, Minnesota 55418
Re: Harry George Werlein, et al. v.
United States Army; Federal
Cartridge Corporation;
Honeywell, Inc. ; Minnesota
Transfer Railway Company;
Walburn, Ltd. ; Norton Ervin
Erickson and Sylvester Bendel;
United States Army; and City
of New Brighton
Dear Dave :
This letter is to inform you of a settlement agreement which
has been discussed by this firm and attorneys for two minor defen-
dants, Minnesota Transfer Railway and Walburn, Ltd. We believe
it is a fair settlement offer and recommend your approval.
As you are - aware, the major defendants in this lawsuit are
the owners and operators of the Twin City Army Ammunition Plant
(TCAAP) : the United States Army, Federal Hoffman, and Honeywell.
However, based upon certain groundwater contamination studies,
several persons and companies involved in the ownership and opera-
tion of the Trio Solvents (Trio ) facility in New Brighton have
also been named as defendants . Early in this suit, it appeared
that the Trio defendants were not major contributors to the
regional groundwater contamination. Recent studies provide
added support for this view.
Minnesota Transfer Railway and Walburn, Ltd. , have approached
us with an attractive settlement offer. As you may remember,
these defendants along with the other Trio defendants, Bendel and
Erickson, made a $50, 000 . 00 settlement offer at the settlement
2270 MN WORLD TRADE CENTER 2200 FIRST NATIONAL BASH BUILDING 2400 IDS CENTER
SAINT PALL,MIN-NESOTA 86101 SAINT PAUL MINNESOTA 55101 MINNEAPOLIS,MINNESOTA 66402
(012)291.1216 1912)201-1215 1012)339-0691
BRIGGS aiD MORGAN
April 29 , 1988
Page Two
conference which many of you attended last fall . We could not
recommend acceptance because the amount was insufficient if no
Trio defendants remained in the case. The renewed offer is not
only for more money, $82, 500 .00, but also keeps some Trio defen-
dants in the case.
If you approve this settlement , we will deposit the settle-
ment funds in an interest-bearing checking account and use the
money to defray the future costs of this litigation. Such costs
will include retaining our own experts, as well as conducting
and attending depositions of the TCAAP defendants ' experts and
officials . In other words, the settlement money will not be
directly disbursed to you or this firm, but will be used exclu-
sively to reduce the litigation costs which you are obligated to
pay, according to our retainer agreement .
The release of Minnesota Transfer Railway and Walburn, Ltd. ,
will be by a "Pierringer Release. " This common release provides
that the plaintiffs will drop all present and future claims
against these defendants in exchange for a lump sum payment of
$82, 500 . 00 . In addition, the plaintiffs agree to indemnify the
released parties against any claims brought by the remaining
defendants -against Minnesota Transfer Railway and Walburn, Ltd.
In other words, we agree to reduce any final judgment against the
remaining defendants by that percentage of liability found by the
Court to be attributable to Minnesota Transfer Railway and Walburn,
Ltd. This should, in reality, have little effect on any judgment
we obtain against the remaining TCAAP defendants, since the evi-
dence so far indicates that the released defendants share little,
if any, responsibility for the general groundwater contamination.
I have enclosed for your review a copy of the proposed
release. While its language and format is complicated, its effect
is essentially as I described. Also enclosed for your signature
is an authorization form by which you state that you reviewed and
understand the release and authorize this firm to sign the release
as your agent . Please return the authorization form to me in the
enclosed, self-addressed, stamped envelope by Friday, May 6, 1988.
A motion for court approval of the partial settlement has been set
for Wednesday, May 11 , 1988.
I would also take this opportunity to inform you that an
offer of employment has been extended by our firm to Timothy
Thornton . We have implemented all steps required by the Minnesota
Rules of Professional Conduct to assure that Mr . Thornton will
have no involvement with this matter , if he decides to join Briggs
and Morgan.
BRIGGS AiD MORGA-7
April 29 , 1988
Page Three
We believe this is a fair settlement offer which will help in.
covering your costs 'in the ongoing litigation against the remain-
ing defendants . Please let me know if you have any questions.
Sincerely,
PVU- �ju" .
Jo". Van de North, Jr .
JBV:dij
it
A U T H O R I Z A T I O N
I , David M. Childs, City Manager, City of St. Anthony,
hereby affirm that I have reviewed and approve the release of
defendants Minnesota Transfer Railway Company and Walburn, Ltd.
sent to me on April 29 , 1988 . I further agree that this settle-
ment money will be deposited in an interest-bearing checking
account and used to defray the future costs of this litigation.
I hereby authorize John B. Van de North, Jr. of the firm
of Briggs and Morgan, P.A. , to sign the release on behalf of
the City of St. Anthony.
DATED: , 1988
David M. Childs
City Manager
City of St. Anthony
SETTLEMENT AGREEMENT AND PIERRINGER RELEASE
A. Parties
1. The plaintiffs represented by the Briggs and Morgan law
firm are:
Harry George Werlein Carol Ann Werlein
Sherry Hane Werlein Mark. George Werlein
Monica Alice Werlein Linda Juliette Werlein
Anwar Iqbal Saeeda, Kahtoon Iqbal
Imran Iqbal Adnan Iqbal
Farhman Iqbal Leonard Harold Grudnoske
Cheryl Rae Grudnoske Natasha Cozette Grudnoske
Christopher Todd Grudnoske John G. Commers
Patricia A. Commers John R. Commers
Thomas J. Commers Robert W. Commers
Anthony P. Commers James Jerome Winiecki
Jeanne Rae Winiecki Wayne. Robert Grudnoske
Willian R. Jacobs Shirley A. Jacobs
William L. Jabobs Michael R. Jacobs
Matthew H. Jacobs Alexander A. Levitan
Lucy K. Levitan Lara Marie Levitan
Denise Angelique Levitan Karen Joy Levitan
Gary H. Sodahl Vickie L. Sodahl
Stephanie L. Sodahl Angela L. Sodahl
George J. Winiecki Carol A. Herbert
Donald R. Herbert Karen L. Herbert
James P. Herbert Phillip D. Herbert
Douglas Kent Van Cleave Diane Louise Van Cleave
Timothy Kent Van Cleave Leon E. Kline
Kathleen D. Kline Jeffrey E. Kline
Deborah D. Kline Erick Eldon Woken
Diane Lee Woken Jennifer Dawn Woken
Frank M. Winiecki, Sr. Libolsav Fabian
Martin Fabian . Peter Fabian
James Patrick Cobb Dorothy Cobb
Lori Deann Cobb Robert J. Polzak
Mary A. Polzak Julie T. Polzak
Susan C. Polzak Cynthia M. Polzak
Robert A. Polzak Joseph J. Polzak
Gregory N. Meyers Debroah K. Meyers
Christopher N. Meyers Jennifer K. Meyers
(collectively the Werlein plaintiffs) . The Werlein
plaintiffs have authorized their attorneys, Briggs and Morgan, to
execute this Agreement on their behalf.
2 . The plaintiffs represented by Charles .Dayton, now of
Leonard, Street and Deinard are:
2 -
Richard DeWitt Vivian DeWitt
Connie DeWitt Joey DeWitt
Michael DeWitt David Yepma
Betty Yepma Dennis Yepma
Susan Yepma McBride Jack Lee
Connie Lee Brenda Lee
Duane Lee Daryl Martin
Karen Martin Betty Eberhardt
Debra Rosenkranz Linda Eggers
Laura Ryan Robert Nordquist
Virginia Behrens Robert Behrens
Mary Kay Vance Mark Vance
Leone Arronson
(collectively the Yepma plaintiffs) . The Yepma plaintiffs
have Authorized their attorney, Leonard, Street and Deinard to
execute this Agreement on their behalf.
3 . The City of St. Anthony ("City") is represented by
Briggs and Morgan, and the City has authorized Briggs and Morgan
to execute this Agreement on its behalf.
4 . The Werlein plaintiffs, Yepma plaintiffs, and the City
shall be referred to collectively in this Agreement as
("Releasors") .
3
5 . The Settling parties are Minnesota Transfer Railway
Company, a Minnesota corporation, and Walburn Partnership Limited
(collectively "Settling Parties") . The Settling Parties are the
past and present owner of the "Trio Solvent site. "
B. Consideration
6 . The Settling Parties shall pay Releasors $82, 500. The
payment shall be made within 30 days of Court approval of this
Agreement. The monies shall be paid to Briggs and Morgan's trust
account.
7 . The settlement proceeds shall not be paid to Releasors,
or to Briggs and Morgan or Leonard, Street and Deinard as
attorneys' fees. The settlement proceeds shall be used to pay
disbursements related to this case and for the investigation and
analysis of the New Brighton/St. Anthony contamination pollution
problem.
C. Pierringer Release
8 . The Releasors claim to have sustained damages arising
out of the alleged ground soil and water contamination and
pollution in the New Brighton/St. Anthony area of Minnesota. The
Settling Parties are claimed to be associated with the New
Brighton/St. Anthony area-wide pollution. The Releasors have
asserted claims against the Settling Parties for the payment of
4 -
damages and injunctive relief by commencing litigation in Ramsey
County District Court in an action entitled Werlein, et al . v
Federal Cartridge Corporation et al, File No. 460331 and in
United States District Court in actions entitled Werlein, et al.
v. United States of America, et al. File No. 3-84-996 and City of
St. Anthony v. United States of America, et al. File No. 4-86-
169 . The two pending Werlein actions are pled as class actions.
The Yepma plaintiffs are not named parties in any litigation, but
the Yepma plaintiffs have filed administrative notices of an
intent to sue. These administrative notices name Settling
Parties. Moreover, the Yepma plaintiffs have participated in
settlement negotiations.
9. Releasors now wish to settle their claim against
Settling Parties and their insurers, but to preserve their claims
against;
The United States of America;
The United States Department of Defense;
The Honorable Casper W. Weinberger, Secretary of
Defense;
The United States Department of The Army;
The Honorable John 0. Marsh, Secretary of the
Department of the Army;
Federal Cartridge Corporation, a Minnesota Corporation;
Honeywell, Inc. , a Delaware Corporation;
5 -
Norton Ervin Erickson;
Sylvester Bendel ;
Donovan Construction Co.
or any other person or entity that is or may be liable for
Releasors' claimed damages (collectively the "Non-settling
Parties") .
10. Releasors, therefore, release and forever discharge all
claims and any liability against the Settling Parties in the
manner approved by Frey v. Snelgrove, 269 N.W. 2d 918 (Minn.
1978) . This is only a partial settlement of Releasors' claims.
Releasors' claims against any Non-settling- Parties are preserved,
and the consideration paid for this release does not fully
compensate Releasors for their claimed damages.
11. As to Settling Parties, Releasors' release is a
complete discharge of all claims of any liability that may exist,
whether known or unknown, as of the date of this release. This
includes statutory and common law claims, claims for legal and
equitable relief and all damages even if such damages are now
unknown.
12 . Releasors shall dismiss the claims in the actions
pending in Ramsey County District Court and United States
District Court referred to above, as those claims relate to the
Settling Parties. Releasors shall never assert or cause to be
6 -
asserted any claim, demand, suit or cause of action against the
Settling Parties which arise out of the acts, events, transaction
or ownership interests which are the subject of this Agreement.
13 . 'Releasors shall limit their claims against any Non- I
settling Parties, so that no claim or cause of action for
contribution or indemnity will arise in favor of such Non
settling Parties against the Settling Parties. Releasors shall
indemnify and hold the Settling Parties harmless from any claims
and all liability against the Settling Parties arising from the
pending actions. In particular the Releasors shall indemnify and
defend Settling Parties against any claim, demand or cause of
action by Non-settling Parties for contribution, indemnity or
subrogation whether claimed to arise because of settlement or
adjudication.
14 . Releasors shall assign to the Settling Parties all or
part of any settlement or judgment that the Releasors may obtain
against the Non-settling Parties, if that judgment or settlement
or a portion thereof is necessary to satisfy any judgment or
claim for contribution, indemnity or subrogation obtained or made
by any Non-settling Parties against the Settling Parties which
arises from any further settlement or adjudication by the
Releasors against the Non-settling Parties. Releasors shall
satisfy any future judgment which may be rendered in favor of the
Releasors, in such percentage, portion or share of the judgment
7
as the several legal liability of the Settling Parties are
adjudged to be of all legal liability of all parties, persons or
entities adjudged to be responsible for Releasors' injury or
damages.
15. This release encompasses, but is not limited to, any
and all claims based on the amount of any subsequent judgment
determined to be uncollectable in accordance with Minn. Stat.. §
604 . 02 and reallocated to the Settling Parties.
16 . Releasors shall immediately notify the trial courts and
the Non-settling Parties of this settlement with the Settling
Parties, make the terms of this settlement agreement part of the
record, secure the dismissal of all claims, including crossclaims
against the Settling Parties and secure the dismissal of the
Settling Parties from the United States District Court and Ramsey
County District Court cases, in the manner set forth in Frey v.
Snelgrove, 269 N.W. 2d 918 (Minn. 1978) .
17 . This is a limited release. This Agreement does not
benefit any party except the Settling Parties. Releasors reserve
and retain all rights of every kind and nature against the Non-
settling Parties, persons or entities, except as set forth above.
8
18 . This Agreement and Release applies to and benefits
Settling Parties, their predecessors, successors, and their
partners, shareholders, officers, employees, agents and assigns.
This Agreement and Release is binding upon Releasors and all
their heirs, successors, and assigns.
By
John Van de North
Briggs and Morgan
2200 First National Bank
Building
St. Paul , MN 55101
By
Stuart Williams
Henson and Efron
1200 Title Insurance Building
Minneapolis, MN 55402
By
Charles Dayton
Leonard, Street & Deinard
1500 National City Bank Bldg.
100 South Fifth Street
Minneapolis, MN 55402
By
Timothy R. Thornton
1221 Nicollet Mall, Suite 700
Minneapolis, MN 55402
9 -
MATTHLW J.LEvin JoRN B.VAN DE NORTH.JR. LAW OFFICES ROBERT E.HOODS MICHAELJ.GRIMES
COLE OEHLER RICHARD G.MARK WILLIAM J.JOANIS MLRIAN M.DCRKLN
RoaENT M.Bowe ANDREW C.SELDEN MARGARET K.SAVAGE CHRISTOPHER C.CLEVELAND
ROBERT G.SHARE ANDREW C.BECHER BRIGGS A\ D -M 0 1E? G A N JOHN K.ELUNGBOt NANCY D.ARNISON
BURT E.SwANsoN JEFFREY J.KEYES PROFESSIONAL ASSOCIATION BRIAN G.BELsu MICHAEL J.MCELLIsTREM
M.J.GALVD:,JB. JAMES E.NELSON TO\Y STEMBEROEB LAUREN A.FITHL N
DAVID C.FORSBERG JEROME A.GEIS MART E.SCasFFNER PAUL S.JACOBSEN
JOHN J.MCNEELT STEVE A.BRAND MICHAEL H.STHEATER COLLEEN V.SHORT
MCNED.V.SEYMOUR.JR. JOEL H.GOTTESMA.N JOHN H.UNDSTHOM DLANA J.VANCE-BRYAN
JERRY F.RarMAN KABIN L.W LLE 2200 FIRST NATIONAL BANK BUILDING RICHARD D.ANDERSON NEAL T.BUETHE
TERENCE N.Dons ALAN B.MAC UN SALLY A.ScooGIN SUSAN B.THOMAS
RICHARD H.KYLE JEMMET F.SHAW DAVID C.MCDONALD TIMoTHT J.Kzn N
JOHN VN
L DEEY MATTHEW L.LEvITT SAINT PAUL,MINNESOTA SSIOI BRUCE W.MOOTY ROBERT L.STERCP
RONALD L.SORENSON DAVID G.GREENING ;%SDREW R.KINTZLNOER MICHAEL THOMAS MILLER
PETER H.SEED DA%7D B.SAAV FREDERICK P.ANGST CARLOS R.CARRASOL-ILLO
SAMUEL L.HANSON JOSEPH P.NOACR TELEPHONE (012) 291-1215 ROBERT L.LEE KRISTIN S.MELBT
RONALD E.ORCHARD CHARLES R.RAYNOR ANN HL'x-TRODS ELENA L.OsTBY
JOHN TROYER ANDREA M.BOND GREGORY J.STENMOE KEYIN J.HLNIEER
STEPHEN Kaa-ICR TIMOTHY P.FLAHERTY TELECOPIER (012) 222-4071 CHARLES B.RooERs RUTH J.KELMeN
AvRON L.GORDON MARTIN H.FIsK TERRY L.SLSE VINceNT A.THoMAs
J OaN R.Kwamce ROBERT J.PRATTE MAUREEN E.WARREN MARK J.FRENz
THOMAS A.LABsox JOHN BLLTENA MARY M.DYRSETH NANCY J.WOLF
DAVID J.SPENCER JAMES G.RAT PATRICK M.GARRY DENNIS L HALL
DANIEL J.COLE.JR. RICHARD E.M."nN INCLUDING THE FORMER FIRM OF TIMOTHY E.M..Rx A%DREA M.MIACHMEIER
DOUGLAS L.SEOB TRVDY J.H'A CHERYL A.THOMAS PATRICK T.SKELLY
MICHAEL H.JEBONIMUS MARY L.IPPEL LEVITT, PALMER, BOW EN, ROTMAR & SHARE KEVIN A.BERG DIANE B.LITrLE
R.SCOTT DAVIEs JAMES A.VOSS MARK SCHROEDER
J.PATMCK MCDAvIrr ROBYN L.HA.NSEN M.BRIGID MCDONOUGR OF CoCNSEL
J.NEIL MORTON
RICHARD E.KYLE
JOHN M.PALMER
March 9 , 1988 F ANNK N.GRAAHHAM
A.LAURENCE DAris
CLARENCE G.FRAME
FRANK HAMMOND
LEONARD J.KEYEs
JOHN M.SULUVAN
Mr . David M. Childs
City Manager
City of St . Anthony
3301 Silver Lake Road
St . Anthony, Minnesota 55418
Re: Werlein et al . and St . Anthony v.
U.S. Army et al .
Dear Dave:
Our law firm has received an application for employment from
Timothy Thornton who is the lawyer representing Minnesota Transfer
Railway, one of the Trio Solvent defendants in the above-referenced
litigation. We have had some discussions regarding employment with
Mr . Thornton but no arrangements have been finalized.
It is clear that Mr . Thornton would not be able to continue to
represent Minnesota Transfer Railway in this litigation if he were
to join our firm. However, it may be possible under the Rules of
Professional Responsibility that appropriate safeguards can be put
into place to allow him to represent Minnesota Transfer Railway on
matters unrelated to this case.
If you have any questions or comments about this matter,
please contact me, Dave McDonald or Ann Huntrods within the next
week so that we will have your views in mind as we proceed in
discussions with Mr . Thornton about the prospect of his joining
our law firm.
Sincerely,
a,
Jo Van de North, Jr .
JBV/022
cc: David C. McDonald
Ann Huntrods
2270 MN WORLD TRADE CENTER 2200 FIRST NATIONAL BA.\-E BUILDI\G 2400 IDS CENTER
SAINT PAUL,MINNESOTA 66101 SAINT PAUL,MINNESOTA 63101 MINNEAPOLIS,MINNESOTA 66402
(612)201-1216 (912)291.1216 (612)339-0901
NOTE: 6:45 P.M. COUNCIL' S CLOSED
EXECUTIVE SESSION.
• C = TY O F S T _ ANTH ONY
C OUN C Z L AG ENDPS,
MAY 1 0 , 1 9 8 8
7 = 3 0 P _ M _
A. Call to Order/Pledge of Allegiance.
B. Roll Call .
C. Approval of April 26 , 1988 Board of Review Minutes.
Approval of April 26 , 1988 Council Minutes .
D. Licenses/Permits/Petitions .
E. Presentation of Claims .
1 . Verified.
2 . Short-Elliott-Hendrickson, Inc. - $800 . 31 .
3 . Dorsey & Whitney - $1 , 054 . 10 .
4 . Layne Minnesota (Well #5 modifications ) - $13 , 600 . 00 .
5 . Bruce A. Liesch Associates - $2 , 162 . 97 .
6 . Briggs and Morgan - $6 , 114 . 00 .
• F. Reports.
1 . Council.
2 . Departments and Committees .
a. Hance & LeVahn, Ltd. , re: matters conducted at
the Hennepin County District Court on April 20 ,
1988 .
b. Fire Department April, 1988 Monthly Report.
C. Liquor Operations April, 1988 Sales Summary.
d. St. Anthony/New Brighton C.H.E.M. Council -
April 19, 1988 Meeting Minutes.
3 . City Manager.
a. Staff Meeting Notes - May 3 , 1988 .
G. Public Hearings .
•
H. New Business. •
1. Second appointment to the East Side Hennepin County
Human Services Advisory Committee.
2. Quotations for Road Materials.
3 . Consideration of insurance package for 1988-89.
I . Unfinished Business.
1 . Adult Programming on Cable T.V.
J. Adjournment.
•
•
• C 2 TY OF' -c>-a7 - ANTHONY
BOARD OF' REV= EW M=NUTES
A P R I L
26 , 1 9 8 8
1 Continuation of the annual Board of Review by the City Council was
2 called to order at 7 : 00 P.M. by Mayor Sundland.
3 Present: Sundland, Marks, Enrooth, Makowske (arrived at 7 : 10 P.M. ) .
4 Absent: Ranallo.
5 Also present: David Childs , City Manager
6 Glen Busitzky, Hennepin County Assessor
7 No Changes for Schmid or Frick Valuations
8 Mr. Busitzky had indicated the above in his April 26th letter to the
9 local Board of Review whom he had informed that Ms . Frick had not yet
10 contacted either Mr. Childs or Mr. Busitzky after receipt of Mr.
11 Childs ' April 20th letter to her inquiring whether she wanted the
12 County Appraisers to re-appraise her property at 3222 Old Highway 8 .
13 However , that file had been reviewed and appeared to be correct, the
a4 Assessor said.
15 Another physical appraisal had been made of the Schmid property at
16 2800 St. Anthony Boulevard, Mr . Busitzky indicated, and there had been
17 no change in characteristics over the last two years which would have
18 warranted a decrease in its 1988 valuation of $97 , 600 . The Assessor
19 told Councilmember Enrooth Mrs . Schmid had experienced a $5 ,000 raise
20 in valuations over the last two years which was pretty common in St.
21 Anthony where between 4% . and 5% average increases had been given
22 properties whose basic characteristics had not changed the last few
23 years .
.24 However, the Assessor indicated, his office had made a number of
25 changes in valuations for other City properties whose owners had called
26 his office prior to the April 12th Board of Review.
27 Council Action
28 Motion by Marks, seconded by Enrooth to accept the Hennepin County
29 Assessor ' s recommendation that the assessed valuation for the property
30 at 2800 St. Anthony Boulevard remain $97 , 600 . The Board of Review also
31 concurs that no change in valuation be made for the property at 3222
32 Old Highway 8 because no response to the City Manager' s April 20th
33 letter had been received from the property owner, Sharon Frick.
�34 Motion carried unanimously.
1 APRIL 12 , 1988 BOARD OF REVIEW MINUTES APPROVED •
2 Motion by Makowske, seconded by Enrooth to approve the above as
3 presented.
4 Motion carried unanimously.
5 ADJOURNMENT
6 Motion by Enrooth, seconded by Marks to adjourn the Board of Review at
7 7 : 20 P.M.
8 Motion carried unanimously.
9 Respectfully submitted,
10 Helen Crowe, Secretary
11 :cjk
•
•
2
C 2 TY O F S T _ ANTHONY
• C OUN C 2 L M 2 NUT E S
AP R= L 2 6 1 9 8 8
1 The meeting was opened at 7 : 30 P.M. with the Pledge of Allegiance led
2 by Mayor Sundland.
3 Present for roll call: Marks , Ranallo, Sundland, Enrooth, Makowske.
4 Also present: David Childs , City Manager
5 William Soth, City Attorney
6 APRIL 12 , 1988 COUNCIL MINUTES
7 Motion by Marks, seconded by Makowske to approve with the following
8 change:
9 Page 8 , line 14: Insert "a" between "work" and "local" .
10 Motion carried unanimously.
11 LICENSES/PERMITS/PETITIONS
`L2 Motion by Marks, seconded by Makowske to grant the following as
13 presented in the April 26th Council agenda packet:
14 CIGARETTE
15 American Amusement Co. ( formerly Advance Carter)
16 Dave' s St. Anthony Mobil
17 F. W. Woolworth
18 CONTRACTORS
19 Modern Concrete Company
20 C & M Builders (renewal)
21 Crosstown Sign Inc.
22 Standard Water -Control (renewal)
23 Norsk Concrete (renewal)
24 HEATING
25 Blaine Heating (renewal)
26 Motion carried unanimously.
27 Motion by Ranallo, seconded by Enrooth to grant an off-sale 3 . 2 beer
28 license to the Town & Country Store.
•
1 Voting on the motion:
2 Aye: Ranallo, Enrooth, Sundland, Makowske. •
3 Nay: Marks.
4 Motion carried.
5 CLAIMS
6 Motion by Marks , seconded by Makowske to approve payment of all City
7 accounts payable listed for March 31st and April 12th and 26th in the
8 April 26 , 1988 Council agenda packet.
9 Motion carried unanimously.
10 Motion by Marks, seconded by Enrooth to approve payment of $26 ,082. 04
11 to the Metropolitan Waste Control Commission for May sewer services.
12 Motion carried unanimously.
13 Motion by Enrooth, seconded by Marks to approve payment of $2 ,870. 00 to
14 Motorola, Inc. to replace some of the pagers for the City Fire
15 Department Reserves.
16 Motion carried unanimously.
17 Motion by Marks , seconded by Makowske to approve payment of. $1 , 863 . 020
18 as fees to the Government Training Service for the goal setting session
19 held February 26th and 27th.
20 Motion carried unanimously.
21 REPORTS
22 APRIL 19 , 1988 PLANNING COMMISSION MINUTES REPORT = GEORGE WAGNER
23 Council Accepts Commission Recommendation Related to Permit for Youth
24 Oriented Malt Shop/Arcade at Apache
25 In reporting the Commission' s recommendation that the Council grant the
26 conditional use permit for the above, Commission Chair Wagner referred
27 to the seven pages of minutes related .to the Commission' s hearing on
28 the permit, saying the issue had been thoroughly discussed with the
29 project' s supporters, including school administrators, students,
30 neighbors, and the Apache representative, a good many of whom were
31 present that evening to reiterate that support for the Council' s
32 benefit.
33 Chair Wagner reported none of the neighbors had opposed the project,
34 although several of those present at the hearing had suggested imposing
35 conditions on the permit which would make it hard for a less desirable
2
1 business to succeed Mr. Bonaventura at that location. Those concerns,
• 2 which the Commission representative indicated were shared by the
3 Commissioners , had been written into the Commission recommendation that
4 the Council grant the permit, Chair Wagner said. He also indicated
5 the Commissioners had found this to be a very unique establishment,
6 having no knowledge of any other quite like it.
7 City Attorney' s Guidance Sought Relative to Condition #6
8 The Commissioners had expressed some uncertainty as to how the above
9 should be written to address the concerns about what might succeed Mr.
10 Bonaventura once a permit for that type of business had been
11 established for that location. Mr. Soth suggested language which would
12 require any successor to meet the same criteria related to character,
13 past history, etc. which had been required of the applicant, which the
14 Council adopted for their motion which was then read aloud by the
15 Planning Commission Chair for the benefit of those persons who were
16 present again that evening. one of these, Ruth Thompson, 3015 - 39th
17 Avenue N.E. was assured that by specifying hours of operation, the City
18 would not be preventing Mr. Bonaventura from opening later or closing
19 earlier, if business warranted.
20 Council Action
21 Motion by Marks, seconded by Makowske to grant Michael L. Bonaventura,
22 DBA Bono' s Malt Shop and Arcade the necessary conditional use permit to
V3 operate the establishment he proposed in the southwest corner of the
24 free-standing building formerly occupied by N.A.P.A. Auto Parts Store
25 at Apache Plaza under the following conditions:
26 1 . Hours of operation would be from 11 : 00 A.M. to 11 : 00 P.M. , Monday
27 through Thursday during times District #282 schools are not in
28 session and from 11: 00 A.M. to midnight Friday and Saturday and
29 from noon to 10 : 00 P.M. on Sundays . During the time that the
30 schools are in session, the arcade can be open from 11: 00 A.M. to
31 10 : 00 P.M. , Monday through Thursday; 11 : 00 A.M. to midnight Friday
32 and Saturday; and from noon to 10 : 00 P.M. Sunday.
33 2 . A minimum of two supervisory persons, easily recognizable as such,
34 whose ages are at least 21 , would be on duty at this location
35 whenever the establishment is open.
36 3 . The malt shop/arcade shall be designated as a smoke, alcohol, and
37 drug free environment.
38 4 . During the first year of operation, the establishment will be
39 subject to review at the discretion of the City and thereafter,
40 on an annual basis with input from the Police Chief based on
41 statistics on the number and nature of calls his department has
42 to make to the establishment.
• 3
1 5 . Noise would be kept at the level where there would be no annoy-
2 ance of adjacent businesses or residences and external speakers
3 would not be permitted.
4 6 . The arcade will be owned, operated and controlled by Michael L.
5 Bonaventura and if the ownership, operation, or control changes ,
6 the permit would terminate unless the new owner and operator was
7 approved by the City Council after review of the credentials and
8 qualifications of the new owner and operator.
9 7 . Occupancy would be strictly limited to the number of persons
10 specified by the Fire Marshal.
11 8. The number of amusement devices would be limited to 34 for this
12 establishment.
13 In granting this permit, the Council finds , as did the Planning
14 Commission, that:
15 a. Staff and City officials have received a number of letters sup-
16 porting the permit and there were a number of residents from
17 that area present at both ' the April 19th hearing and the Council ' s
18 April 26th meeting who were in favor of the establishment.
19 b. No one spoke against the permit at either meeting and neighbor
20 and Commission concerns about how the operation would be run were •
21 addressed as conditions for approval.
22 c. The three conditions required to be satisfied before a conditional
23 use permit may be authorized have been met with this approval.
24 Motion carried unanimously.
25 Shopping Center Signage Request Withdrawn
26 Mr. Childs indicated the applicants, perceiving that with the
27 Commission' s opposition to further center signage without a uniform
28 signage plan, it would be more than likely that the Council would deny
29 their request, had withdrawn their application prior to the meeting. _
30 Council Accepts Concept Plan for 37 Unit Evergreen Townhomes of St.
31 Anthony Project
32 Perceiving that almost all the issues involved in the above had been
33 well covered in the minutes of the April 19th Planning Commission
34 hearing, Mayor Sundland called on Curtis Nordahl, 3513 Skycroft Drive,
35 who owned a landlocked piece of property adjacent to the railroad
36 tracks and four lots east of the subject property and had not attended
37 the Commission hearing.
•
4
1 Mr. Nordahl, whose property was beyond the radius of properties
• 2 required by law to be notified of the hearing, said he had not learned
3 until the previous Thursday about the townhome project which he
4 perceived would have an adverse effect on this property.
5 Mr. Nordahl contended:
6 *the City had some responsibility for providing access to a
7 buildable lot they had allowed to be platted;
8 *throughout the March 20 , 1967 survey of his lot, copies of
9 which he had provided showing a possible cul du sac road ease-
10 ment indicated the City' s intent at that time to build a street
11 connecting his property to Silver Lane;
12 *conceded that he had previously also owned lot #4 which abuts
13 Fordham Drive and which is adjacent to the now landlocked lot
14 when he sold lot 4 ad kept the landlocked lot, the Torrance
15 papers made no references to a road and he knew of no further
16 easements which had been granted since 1967 ;
17
18 *told Councilmember Enrooth he hadn' t gotten a legal opinion I as
19 to how access would be provided either before or after he split
20 off the back section but had been told during the period he
21 lived on Fordham Drive that 'it would only be a matter of time
22 before the three oversize lots next to him would be subdivided,
•23 at which time the City would certainly provide access to those
24 new homes.
25 Mr. Nordahl had brought with him a copy of the North End Study done in
26 1973 on which a division line had been drawn through the undeveloped
27 properties.
28 Staff Responds to Property Owner Assertions
29 Mr. Childs indicated he had researched City documents to find any
30 which pertained to this issue. The only Council action he could find
31 had been a motion in 1967 in which the Council had "approved the
32 Villella Plat Addition subject to a read easement which would provide
33 access for the properties adjacent to the Soo Line railroad tracks. "
34 The City Manager reported those minutes had included no further
35 discussion of the motion which might indicate where the lots were or
36 where the street would come from although it seemed the road would
37 come down from Silver Lane and split existing properties right in the
38 middle.
39 Unfortunately, shortly after that the Council had gone ahead and
40 approved the Ed Erickson addition on Silver Lane with two lots on which
41 there are no homes and from which each property would have to dedicate
42 at least 30 feet if a 60 foot City street were to be built to this
43 property. Since 1967 , Mr. Childs said he could find no other roadway
• 44 access was ever platted, dedicated, or . acquired for that purpose and
5
1 there is at least one garage built over the space where any such•
2 roadway would ever be built.
3 Mr. Childs concluded by saying that even if the Council in 1967 had
4 intended to build the connecting roadway to Silver Lane, no one ever
5 went ahead and got the right-of-way so now the one-eighth of a circle
6 road easement shown on Mr. Nordahl' s property is the only one the City
7 has in that area.
8 Mr. Soth told Mr. Nordahl if he were to gain access to Silver Lane, he
9 would have to acquire easements from the owners of Lots 5 , 6 , 7 , 8 , 9 ,
10 10 , and 11 to do so. The City Attorney also told the property owner
11 that as long as he owned the lot on Fordham Drive, he had legal access
12 to that street from the back of his (the property owner ' s ) own
13 property, but when Lot 4 was sold, a landlocked piece of property was
14 created. He also told Mr. Nordahl he could have sold Lot 4 subject to
15 an access easement.
16 Mr. Soth guessed that when the Council in 1967 had in mind was that if
17 the three very deep lots, 8 , 9 , and 10 , were ever subdivided for
18 development, a road would probably have to be provided between the old
19 and new parcels. He said the City did what it could during that period
20 by getting a road easement on Lot 5 when it was subdivided but that
21 was as far as the City could go until the owners of the rest of the
22 undeveloped properties cam in to have their properties subdivided. He
23 perceived that with the Erickson addition already built up, the only
24 option the City had today would be to require the townhome developer*
25 to provide a public street through their development.
26 In reference to the 1973 North End Study, Mr. Childs pointed out that
27 the 1980 Comprehensive Plan showing multi-family housing for that area
28 had superseded that earlier study.
29 Council Reaction
30 Ranallo looked at the North End Study and suggested the division line
31 might have been drawn in after the study was completed because it was
32 not done in white like all other planned streets had been. He also
33 pointed out that the line didn' t even extend the full distance to Mr.
34 Nordahl' s property but veered off instead to the railroad property.
35 Mr. Nordahl said access to his property from along the railroad track
36 would be impossible because he property was 20 feet higher than the
37 tracks.
38 The Councilmember observed he had the same type of situation with his
39 own property which he had purchased with an extra 70 X 100 feet to be
40 used for backyard while his family was growing up. He said that parcel
41 would be landlocked if he ever wanted to sell it and he would not
42 expect his neighbors to give up their own property to give him an
43 access. And, the City would certainly have no responsibility to take
44 an easement from them either.
•
6
1 Enrooth told Mr. Nordahl he certainly would have thought his attorney
• 2 would have advised him that his abstract did not provide for any
3 easements for a road in the first place. He also noted that it had
4 taken 21 years for the owners of lots 5 , 6 , 7 , 8 , 9 , and 10 , who all
5 might have land they might want to develop to raise concerns about
6 access to their properties .
7 Sundland pointed . out that besides having to dedicate their property
8 to the City for a roadway, the property owners between Mr. Nordahl ' s
9 property and Silver Lane would also be agreeing to being assessed for a
10 street as well as sewer and water lines which now runs between $35. 00
11 and $40 . 00 a foot. However, that would certainly have to be done if
12 any of the oversize or vacant lots are ever to be subdivided to put
13 houses next to the railroad track and if the area is developed as a
14 whole, the developer would probably have to provide access to Fordham
15 Drive.
16 Makowske pointed to the resistance to a roadway for the townhome
17 project accessing on Fordham Drive which had been demonstrated by the
18 homeowners on Fordham during the hearing.
19 Marks perceived that what needed to be done now was to have all the
20 owners of undeveloped property get together to try to resolve their
21 access problems so they could develop their property individually or
22 collectively.
V3 The general consensus was that it would not be economically feasible
24 for the City to put in a street, sewer and water for the number of
25 single family homes which could be developed on the vacant property in
26 that area. However, Mr-. Childs indicated, that it is understood at
27 staff level that whenever the largest property owner came in to get his
28 property subdivided, a discussion of an access road would have to be
29 included in the discussions of the subdivision. He assured Mr. Nordahl
30 that the City would make its best efforts to provide for his access
31 when the adjoining land is developed.
32 No Unanimity Evident in Neighborhood
33 Allan Reid, 4001 Fordham Drive, said he had not had opposition to the
34 townhome project per se but as the owner of the largest lot ( #7 ) , he
35 had some questions about landlocking all that property with the
36 development. He said communication with the owner of the two
37 undeveloped parcels, Lots 5 and 6 , had been difficult and he understood
38 the property owner had already turned down a request from a developer
39 who wanted to develop the entire parcel. When the property owner
40 pointed to a similar situation with oversize lots along Silver Lake
41 Road between 30th and 31st, he was told those owners were adamant about
42 not having an east/west street continued through their properties.
43 Mr. Childs reported Lots 8 , 9 , and 10 had already been cut into six
44 62 . 25 X 300 foot long lots and Mr. Puffer, who owns the north one-half
•45 of Lot 10 , had indicated at the Commission hearing that he might want
7
1 to build another house on the back portion of his lot some time in the
2 future. However, one of the residents in the Erickson Addition on
3 Silver Lane, had indicated to him that one of the things he liked about
4 the Evergreen proposal was that it would prevent the properties behind
5 him from being split in two.
6 John White , 3404 Silver Lane, said he was one of the Erickson Addition
7 property owners (Lot 1 ) and his neighbor, Richard Oertwich' s main
8 concerns were that the developer make the building adjustments and
9 provide the screening for their properties promised at the Commission
10 hearing, so "we won' t have to look at a long, blank townhouse wall. "
11 Mr. White said he didn' t think either of them would like to have a
12 street running next to Mr. Oertwich' s property either.
13 Mrs. Monroe Hall, 4020 Fordham Drive, wondered whether traffic from
14 the undeveloped lots would be accessing off Fordham, saying she
15 perceived private homes back there wouldn' t be the problem an
16 apartment house or townhomes might be. She was told there was a
17 possibility that the same developer might want to purchase all that
18 land for more townhomes and in that event a private road would
19 probably be developed to provide those residents with a Silver Lane
20 access . The property owner was also assured that although the R-3
21 zoning would probably remain once it was changed, the City' s intent now
22 is not to delay the final reading of that ordinance until after a
23 redevelopment agreement is signed with the developer who would have to
24 also provide a Letter of Credit to assure the project would go forward.•
25 No final rezoning would be done until all those conditions were met.
26 Mr. Soth told Mrs. Hall that even with an R-3 zoning, nobody could
27 build townhomes there without subdividing the property for that
28 purpose, which would require Council approval after another public
29 hearing before the Planning Commission.
30 Evergreen Developer Says Not Ready to do More Than 37 Units At This
31 Time But Expansion of Townhomes Could Be a "Workable Possibility" in
32 the Future
33 Vernon Hoium, Ursula Sheehy, Jim Hill, and Steven Yurick, were again
34 present to indicate the Evergreen Corporation' s interest in providing
35 the above with tax increment financing of the necessary soil
36 corrections. Mr. Hoium reacted to the concern that soil corrections
37 might prove too big for his project by reiterating Evergreen had
38 already received a firm bid not to exceed $327, 000 from a very
39 reputable firm to make any soil corrections which would be necessary
40 for the townhome project. He said he had no reason to doubt they
41 would be able to perform as promised and reaffirmed that Evergreen
42 can see no reason for not following through on their proposal to
43 construct 37 townhomes on that site after the soil corrections are
44 made. The Evergreen President requested the Commission recommendation
45 be modified to allow the developers to "berm or screen" the project
46 along the railroad track, saying the elevations at some points made
47 planting trees and shrubs more feasible than berming. Mr. Hoium told•
8
1 Councilmember Makowske there would be no problem increasing the
• 2 sideyard setbacks next to Mr. Oertwich' s property as requested by the
3 neighbors .
4 Mr. Hill told the Councilmember the site could accommodate a private 40
5 foot wide road but a 60 foot wide public street would leave inadequate
6 setbacks for the adjoining townhome units.
7 Mr. Hoium indicated 37 units were all his firm believed they could
8 handle at this time but if they were successful in selling those right
9 away, he could see the possibility of adding 15 or more units to the
10 undeveloped land to the south for which a private road could probably
11 be negotiated to connect with the street through this project accessing
12 onto Silver Lane.
13 Mr. Childs interjected at this point that he had calculated thee would
14 be a little more than three acres of undeveloped land available on Lots
15 5 , 6 , and 7 , which would mean no more than about 21 townhomes at the
16 density Evergreen was proposing for their current project.
17 Project Name Changed to Evergreen Townhomes of St. Anthony
18 Mr. Hoium said the name change had been made when the presence of a
19 Silver Oaks residential project close by was drawn to their attention.
W21 20 Council Action
Motion by Enrooth, seconded by Ranallo to follow the recommendations
22 of the Planning Commission and to authorize the City Attorney to
23 prepare the ordinance which would be necessary to change the zoning
24 from R-1 ( single family dwelling) to R-3 ( townhome) for the 37 unit
25 townhome project proposed to be constructed by the Evergreen
26 Development Corporation on the parcel legally described as Lots 1 , 2 ,
27 and 3 Block 4 and Block 2 , Mounds View Acres 2nd Addition, Ramsey
28 County, Minnesota, and generally described as a vacant parcel 5 . 3
29 acres in size located east of Fordham Drive, south of Silver Lane, and
30 west of the Soo Line railroad tracks . As recommended by the Planning
31 Commission, the zoning would only be changed on the conditions that:
32 1. The Zoning Ordinance not be put into effect until detailed plans
33 have been received from the developer to include berming or
34 screening along the railroad track area; trees and shrubbery
35 along the western edge of the property; and an increased sideyard
36 setback on the northwest corner.
37 2. Drainage would be subject to City engineering approval.
38 In allowing the rezoning process to be started, the Council finds , as
39 did the Planning Commission, that:
9
1 A. Viewpoints of both those who favor and those who oppose the pro-
2 ject had been thoroughly explored during the April 19th Commission•
3 hearing and the Council meeting April 26th.
4 B. The proposed use appears to be the best utilization of that pro-
5 perty and would be in conformance with the 1980 Comprehensive Plan
6 for that area.
7 C. The Planning Commission gave unanimous approval to the request.
8 Motion carried unanimously.
9 NEW BUSINESS
10 As a courtesy to Lloyd Peterson, project engineer from Rieke-Carroll-
11 Muller Associates , the consideration of bids on the St. Anthony
12 Boulevard reconstruction project was moved up on the agenda.
13 ST. ANTHONY BOULEVARD/KENZIE TERRACE PROJECT BID CLOSE TO $150 , 000
14 UNDER ENGINEER' S ESTIMATE
15 Mr. Childs drew the Council ' s attention to the fact that the low bid of
16 $256 , 248. 67 from Ashbach Construction Company had come in almost
17 $150 , 000 under a very conservative engineer' s estimate of $400 , 000 to
18 do the project. The City Manager indicated the following about that
19 bid:
20 *the low bidder had furnished the City with a written statement
21 that their failure to acknowledge Addenda #1 would not mean
22 they would make any claim for additional compensation on the
23 project;
24 *both the City Attorney and RCM' s attorney had verified that the
25 contractor ' s failure to acknowledge receipt of the addenda would
26 not void the bids;
27 *addenda #1 had changed the time schedule for concrete work for
28 driveways on Kenzie Terrace where traffic signals are to be
29 constructed to extend the completion date until August when the
30 contractor would finish both sections of the project but would
31 require a substantial portion of the Kenzie Terrace project to be
32 completed by May 31st rather than totally completed by that
33 date. No other project time schedules or penalties had been
34 amended;
35 *Ashbach was able to bid the job lower because they were the
36' only bidders who had their own concrete and blacktop recycling
37 operation and many of the other bidders might have had to have
38 them do the recycling work for them;
39
10
1 *whether or not Ashbach is union or not is not really relative
• 2 because the project would come under the wage rate regulations
3 under which prevailing wages must be paid.
4 Mr. Childs added that because the job had come in so much lower than
5 estimated, the City wouldn' t have to use any of next year ' s MSA
6 allocation; no short term borrowing would be necessary; and
7 assessments to abutting property owners-would be less than originally
8 estimated.
9 Council Action
10 Motion by Marks , seconded by Enrooth to accept the low bid of
11 $256 , 248 . 00 from Ashbach Construction Company to do the grading and
12 paving on St. Anthony Boulevard from the railroad bridge to the City' s
13 southern boundary lines and to provide concrete work in conjunction
14 with the new signals on Kenzie Terrace in accordance with the time
15 schedules agreed to by both parties on the project.
16 Motion carried unanimously.
17 COUNCIL REPORTS
18 Leanna McClanahan Appointed to Serve on East Side Hennepin County Human
19 Services Committee
00 Makowske indicated she highly recommended the above appointment to fill
21 one of two City' s vacancies which had just opened up on the above.
22 Motion by Makowske, seconded by Marks to appoint Leanna McClanahan,
23 3507 Roosevelt Street N.E. , to represent St. Anthony on the East Side
24 Hennepin County Human Services Committee.
25 Motion carried unanimously.
26 City to Restate Opposition to Increased Air Flights Over St. Anthony
27 Makowske reported Metropolitan Councilmember Chuck .Wiger had noted the
28 above was happening during the meeting of the Ramsey County League of
29 Local Governments meeting she had attended April 20th and she perceived
30 it was essential that the City restate its opposition to the noise
31 generated by increased flights.
32 Mayor Sundland said he had urged all residents who had registered
33 complaints with him to make several calls to the Metropolitan Airport
34 Commission about the noise because he and Mr. Childs had been told
35 that the M.A.C. had received very few calls from St. Anthony residents.
36 The Mayor suggested one of the letters the City had previously sent be
37 updated and forwarded to the M.A.C. members.
•
11
1 Councilmember Ranallo reported one of the reasons he had missed the
2 Board of Review meeting that evening had been because he had spent a�
3 couple of hours circling over St. Anthony that afternoon.
4 Library Issue to Come Up Again May 4th
5 Councilmember Makowske reported that question would be brought up at
6 the RCLLG meeting that night and urged any interested Councilmenmbers
7 to attend.
8 Makowske Reports City' s Options Related to "Adult" Cable Programming
9 The Councilmember noted the report the Councilmembers had received
10 which indicated St. Anthony' s North Suburban Cable Commission
11 membership enabled the City to provide some input relative to the above
12 issue. She requested the matter be put on a future agenda.
13 Recycling Exhibit at Apache Perceived to be very Informative
14 Makowske reported she had attended the opening of the exhibit which
15 had not been very well attended, along with the Mayor and other
16 Councilmembers and hoped a good number of residents would see the
17 display before it is taken down. Councilmember Marks assured her
18 that attendance had picked up considerably since the opening
19 ceremonies.
20 Enrooth Presents Recycling Aware from Hennepin County •
21 The Councilmember reported receiving the above award for the City at
22 the Hennepin County banquet April 21st, indicating the City had been
23 one of ten out of 47 communities whose recycling efforts had been
24 recognized that evening. In presenting the plaque to the Mayor,
25 Councilmember Enrooth reported that St. Anthony, with only a voluntary
26 program, was up to 9% while with the exception of St. Louis Park with
27 18 . 7%, the other cities like Tonka Bay, Robbinsdale, Plymouth,
28 Minneapolis, all of whom have organized programs, managed to recycle
29 only between 10% and 11%. The Councilmember indicated he had told
30 those present at the banquet that he was certain with the program St.
31 Anthony is now initiating, the City would have no problem reaching 20%
32 by this time next year.
33 It was agreed that 9% was far too low for St. Anthony because of the
34 cardboard, bottles and cans the liquor operation generates , the
35 industrial recyclables and machine recycling, which has never been
36 counted.
37 Councilmember Makowske said she had learned that Falcon Heights, with
38 only a 6% record, was second in Ramsey County.
39 Councilmember Enrooth reported that because of the early start it had
40 gotten in terms of recycling, Hennepin County could easily become the
•
12
1 nation' s "premier recycling county" when compared to the rest of the
• 2 country where so little has been done to date.
3 Marks Reports Great Concern About Increase of "Crack" in the Northern
4 Suburban Areas
5 The Councilmember reported officials from this area who had attended
6 the National League of Cities conference in Washington, D.C. , had come
7 away with a greater awareness of the problems threatening their own
8 communities. At the Chemical Awareness Committee meeting he had
9 attended the previous Tuesday, there had been a lot of discussion of
10 the national DARE program under which local community police
11 departments could be trained to go into the schools to reach a greater
12 number of children, even down to the 5th grade level, Councilmember
13 Marks reported. He said the Youth Service Bureau would be holding a
14 special meeting next month to determine what the perception of the
15 problem is and to decide how much interest there would be in promoting
16 shared police training sessions under the national DARE program
17 established to instruct police in better ways of presenting the "Say No
18 to Drugs" concept to school children. If there is agreement that the
19 problem in the Twin Cities is as bad as some believe, regular or
20 reserve members of the St. Anthony Police Department could probably
21 join in joint training sessions with officers from another community
22 like New Brighton.
23 DEPARTMENTS AND COMMITTEES
W4 The following were ordered filed as informational
25 *February Police Report and Report on Reserve Activities.
26 *Report from the City prosecutor on matters conducted at the
27 Hennepin County District Court in which Hance & LeVahn had
28 represented St. Anthony.
29 *March Financial Report.
30 CITY MANAGER REPORTS
31 April 19 , 1988 Staff Meeting Notes
32 Mr. Childs explained that the interviews reported under the Police
33 Chief ' s reports were to replace Officer David Johnston who had
34 resigned.
35 Mickey D' s Restaurant No Longer In Operation In St. Anthony
36 The City Manager confirmed that the owner of the above had filed for
37 bankruptcy and that there appeared to have been a number of unpaid
38 bills with local merchants. Mr. Childs said staff was contacting the
39 building owner to remove the front vestibule on the building which is
40 violation of the City' s ordinance. He also confirmed that the
41 variance for the sign on the roof goes with the property to the next
•
13
1 owner unless it is removed or otherwise becomes a hazard for passers-by•
2 before a new owner takes over.
3 Councilmembers ' Schedules for "Cities Week" Open Houses Reiterated
4 The Mayor and Councilmembers were reminded of the department locations
5 at which they were scheduled to be from 5 : 30 P.M. to 7 : 30 P.M. Monday
6 through Thursday the following week. A conflict with the annual
7 District #282 ' s Community Services meeting Thursday night, which had
8 not been published, was noted. All Councilmembers were urged to be
9 present for the balloon release at 1: 00 P.M. Wednesday and they were
10 all invited to attend each others open house , if they wanted.
11 The City Manager indicated recycling would probably be the highlight of
12 the Public Works open house and said the hazardous materials vehicle
13 which St. Anthony had jointly purchased with other communities would
14 be parked at the fire station Thursday. The Appreciation Dinner for
15 City volunteers was scheduled to be held Sunday evening, May 1st. Mr.
16 Childs said the open house for the new liquor warehouse would not be
17 held until later in May.
18 NEW BUSINESS
19 MPCA to Drill Additional Test Wells
20 Copies of the April 19th request from the Minnesota Pollution Control
21 Agency to install monitoring wells in St. - Anthony to take measurements•
22 to verify the source and magnitude of contamination perceived to be
23 emanating from the Twin Cities Army Ammunition Plant in Arden Hills,
24 had been included in the agenda packet that evening as well as a copy
25 of the proposed resolution authorizing the execution of the access
26 agreement.
27 Council Action
28 Motion by Marks, seconded by Ranallo to adopt Resolution 88-016.
29 RESOLUTION 88-016
30 A RESOLUTION AUTHORIZING THE MAYOR AND CITY
31 MANAGER TO EXECUTE THE ACCESS AGREEMENT
32 BETWEEN THE MINNESOTA POLLUTION CONTROL
33 AGENCY AND THE CITY OF ST. ANTHONY
34 Motion carried unanimously.
35 Bids to Be Taken for Temporary Carbon Filtration System on City Wells
36 Mr. Childs explained that Resolution 88-015 in the Council agenda
37 packet not only authorized the engineers to advertise for bids for the
38 above system, but also recounted the long history leading up to the
39 need for that system. He indicated further that the contract would be*
14
1 awarded during the Council' s May 24th meeting following the opening
2 of the bids in the City Administrative offices on the 19th.
3 The City Manager said one of the key actions which must precede the
4 awarding of the bids would be Ramsey County allocating CDBG funds to
5 help St. Anthony to pay for the filtration system which was scheduled
6 to be considered at the Ramsey County Board meeting just prior to the
7 Council meeting the 24th.
8 Bonding Considered Better Option Than Internal Borrowing for Temporary
9 Water Filtration System
10 The copy of the resolution in the agenda packet proposed internal
.11 borrowing of $875 , 000 to cover the costs of a $450 , 000 temporary GAC
12 system; $194 , 867 the City has already spent on attorneys ' fees ,
13 consultants costs , etc. ; and $200 , 000 to pay costs anticipated to
14 accrue if the Army doesn' t settle with St. Anthony for a couple of
15 years . Mr. Childs indicated that, since the resolution had been
16 inserted in the agenda packet, he had followed Council instructions to
17 approach the City' s financial consultant, Springsted, Inc. regarding an
18 alternative method of financing those costs. The consultants had
19 provided spreadsheets for two different bond issues the Council might
20 want to use rather than to deplete either the City' s Assessment or
21 Water Fund.
22 Mr. Childs detailed for the Council the approximate costs which the
W3 City had incurred to date because of its water contamination problems
24 for which there had been no reimbursement covered:
25 *$23 , 000 . 00 the City had to pay for the Roseville water
26 connection;
27 *$42 , 500 . 00 in water payments to Roseville;
28 *$10 , 000 . 00 for extra monthly water testing;
29 *$12 , 000 . 00 initially paid to three engineering firms for pre-
30 liminary studies of the problem;
31 *$40 , 000 . 00 paid to date to Liesch and Associates for expert con-
32 sulting services related to the City' s lawsuit against the U.S.
33 Army et al in conjunction with the water contamination problems;
34 *$53 ,000 . 00 billings to date from Briggs and Morgan law firm who
35 are representing St. Anthony in that lawsuit.
36 In addition to other anticipated costs, Mr. Childs reminded the Council
37 that after 10 years when the EPA no longer pays for maintaining the
38 system, the City would have to assume about $130 , 000. 00 of those
39 annual costs forever, or until the contamination ceases. As a
40 contrast, the City Manager told the Councilmembers he understood New
41 Brighton had already spent over $800 , 000 in consulting and attorney' s
42 fees in conjunction with their own water contamination problems.
43 The financial consultant had provided information on two bonding
44 options to finance the costs . The first was a GO issue which although
45 it pushed the City' s first principal payment as far forward as
15
1 possible , would require interest payments every year before that
2 payment was made. The second option was a capital appreciation ( zero•
3 coupon bond issue which could push the City' s first payment of
4 $90 , 000 . 00 (minimum statutorily possible) into the end of the third
5 year ) . A meeting with Springsted would be arranged to make the final
6 decision related to financing.
7 Council Action
8 Motion by Ranallo, seconded by Makowske to adopt Resolution 88-015
9 with the final paragraph changed "to authorize borrowing to cover the
10 cost of . . . . " .
11 RESOLUTION 88-015
12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
13 ST. ANTHONY AUTHORIZING ADVERTISEMENT FOR BIDS FOR
14 A TEMPORARY GRANULAR ACTIVATED CARBON (GAC)
15 WATER FILTRATION SYSTEM
16 Motion carried unanimously.
17 City Attorney to Prepare Documents for Transfer of Parkview Ownership
18 to City
19 There was an indepth discussion of the School District #282 proposal
•
20 for "Disposition of St. Anthony Community Center Building" on which Mr.
21 Childs had written his own comments on certain items and changes made
22 as a result of his April 22nd meeting with school representatives.
23 Soth indicated the proposal only described the understanding between
24 the two parties in general terms and the specifics would have to be
25 tied down in the final official agreement. He perceived it would be
26 necessary to have a drawing showing the exact square footage Community
27 Services utilizes in the building as of this date, which would become
28 Exhibit A of the agreement.
29 Childs told Councilmember Marks he estimated Community Services took up
30 about one-half of the building and the City is currently paying about
31 $9 , 000 a quarter for the 6 , 000 square feet of space it currently uses.
32 The agreement would allow the school to remain in the building at no
33 charge for 5 years. This would effectively become the payment the
34 City must make to the school district for taking over the building.
35 He said the consensus of the school Board had been that as long as
36 School District #282 uses the building for child serving services, the
37 City would not house the fire station in the building.
38 With regard to the free rent, Enrooth, said he would interpret that to
39 mean that unless the City continued to subsidize those services to the
40 tune of a half a million dollars in free rent and electricity, that
41 program could not continue to function. He said the Community Services
42 estimates the breakdown of users to be 40°% non-resident and 600•
16
1 resident and it was his understanding that at the end of five years
• 2 the City could start to charge rent for child care leased space at a
3 normal rate. The Councilmember said he perceived the school district
4 would have the right of refusal on additional space but not on a free
5 basis .
6 Sundland agreed with the City Attorney that some reasonable time limits
7 would have to be placed on some of the items like #7 where there might
8 be many reasons in the far future for the City to do something
9 different with this property. As an example, he said "this building
10 won' t stand until the end of time. "
11 Childs said the document was not an offer to sell but rather a list of
12 issues the school district wants resolved, but not necessarily written
13 into the deed. He said it was true that under the proposal, the
14 school district could charge the City for the costs incurred by
15 Community Services concerning staff time for doing non-Community
16 Services ' activities scheduling as long as fees received, if any, for
17 those activities , i .e. , fees charged by the City are turned over to the
18 building owner.
19 Ranallo insisted that the Council had to know exactly what it was going
20 to cost the City in terms of money, parking lot, subsidies , etc . to
21 take over the building.
Soth agreed, saying the tax on the deed would be calculated on that
*22
23 number. He added that he had earlier prepared a preliminary agreement
24 on the transfer which, though it had changed some , could be used as a
25 model for the final document.
26 when Councilmembers persisted in their concerns about the number of
27 years #3 and #7 would be in force, Mr. Childs indicated it had- been his
28 understanding that groups like the Sports Boosters and the City
29 orchestra, whose programs are scheduled, but not Community Services
30 sponsored, would be able to use the gymnasium and cafeteria when space
31 was available but not. necessarily always free of charge. The decision
32 to make any charges and the amount of such charges would be a Council
33 decision. He said he perceived with #7 , the School Board had just
34 wanted to assure people that they were responding to their concerns ,
35 but would not write those concerns into a deed. He speculated the
36 reason the wording about those fees might not have been as clear as it
37 could have been was because the Board' s major concern appeared to be
38 that the City would not be charging fees for day care, Joy of
39 Parenting, or senior activities which are sponsored by the school
40 district through Community Services when they use the guy or
41 cafeteria in years 1 through 5 . He did not perceive there would be any
42 major objection to the City imposing or raising fees for the activities
43 which Community Services does not sponsor.
44 Mr. Childs said he thought that with this document, the Board was only
45 trying to indicate the City had to let the school use their space in
• 46 the building in whatever way they wanted in terms of five years for
17
1 Community Services and was attempting to inform the community that*
2 since Parkview is now a community center, the City would probably want
3 to continue to make space available for community activities. He
4 added that he perceived none of this would be contrary to Council
5 intent at this time.
6 When Councilmember Ranallo indicated he perceived the fees charged for
7 softball tournaments, etc. might be too low, Mr. Childs .told him all
8 that was necessary was for the Council to direct staff to come back
9 with specific proposals for raises.
10 Soth said he had not seen the document before this evening and was
11 certain he would have a lot of questions which would have to be
12 answered as to what the intent of the document was.
I
13 Childs told the Council he needed further clarification from them on
14 some issues because he perceived the School Board would not sign off on
15 some of them if changes were made. He pointed out that the document
16 had been drawn up on a process which involved input from 200 and more
.17 people who had attended the public hearings on the transfer. He said
18 if the City changed the wording of the item dealing with the Sports
19 Boosters in which a way as to raise fears that the City wasn' t going to
20 allow them to use the guy, he would expect the Board to discontinue the
21 transfer negotiations . He said he perceived the Council had no
22 objections to the Sports Boosters using the gym whenever it is
23 available, but the City would certainly not want to guarantee they
24 could play in the gym forever because the building might burn down and
25 the City wouldn' t want to have to build it back up so they could
26 continue to play basketball.
27 Makowske drew a comparison with the Sports Boosters using the parks for
28 which the City provides all the maintenance, and the Community
29 Services provides the scheduling.
30 Ranallo said he had no problem with assuring the school that the City
31 would not charge them rent for Community Services programs for five
32 years. He agreed that #7 should be reworded to state that the City
33 would provide the use of the gymnasium and the cafeteria facilities to
34 such community groups as the Sports Boosters , Civic Orchestra, etc. as
35 long as such facilities are. available for rental fees to be negotiated
36 with the City, which would at least cover the City' s cost of
37 maintaining the space.
38 City Costs Enumerated
39 In reference to what the City had to pay for the transfer, Mr. Childs
40 said he had figured it would cost the City $18 , 000 to construct the
41 parking lot but the school had indicated they didn' t need that lot now
42 and might want to take the money instead.
43 He pointed out that the School Board had only proposed the City to
44 begin discussion of sharing the costs of City/Community Services
18
1 programs, which could mean that the School District would no longer get
• 2 the 1 mill tax levy presently received to operate the programs but
3 which would not be transferable to the City.
4 Mr. Childs told Councilmember Ranallo the City would only be
5 responsible for maintaining and cleaning the non-Community service
6 portions of the building under #6 . He said the school only had first
7 right of refusal for additional space within the five year period which
8 means that if the school decided to move a program back into the
9 building within five years, the City could not refuse to let them back
10 into their 15 , 000 square foot space, but only for the first five years.
11 This would require the City to rent any of the School District space
12 which was empty on a month to month basis, he added.
13 Sundland indicated he perceived the school district could eliminate any
14 Community Services programs they wanted within their own 15 , 000 square
15 feet if they needed the space for class rooms in those 5 years.
16 Makowske suggested that for clarification, wherever the document
17 referred to "Community Services" , the correct wording should be
18 "Community Services/School District #282" as the School Board had
19 specified in item #3 .
20 Marks disagreed with the assumption that the City would be subsidizing
21 the child care program for five years , saying it didn' t make any
22 difference how the School District used the space since the agreement
024 3 only said 15 , 000 square feet had to be available to them for five years
at no charge. He said that it was the school' s decision to whom and
25 how an actual subsidy was made. However, he agreed that the figures
26 Councilmember Enrooth had offered should be specified when estimating
27 what the City would be paying for the building.
28
29 Manager Perceives. Agreement Possible
30 The Manager indicated that based on the fact that the City had already
31 decided not to move the fire station up to Parkview, he now felt staff
32 would be able to put a contract together which met the concerns of both
33 the City and School District #282 and would start the transfer process.
34 He also agreed to prepare a pro forma document indicating just how the
35 transfer would benefit the City.
36 Council Action
37 Motion by Marks, seconded by Sundland to adopt Resolution 88-017 and to
38 request the City Attorney and Manager to prepare the documentation
39 necessary to start the Parkview transfer- process.
40 RESOLUTION 88-017
41 A RESOLUTION OF THE CITY COUNCIL REGARDING
42 THE TRANSFER OF OWNERSHIP OF THE PARKVIEW
•43 COMMUNITY CENTER PROPERTY
19
1 Motion carried unanimously.•
2 Ten Recycling Task Force Members Named
3 In his April 21st memorandum, Mr. Childs had restated the purpose of
4 the Task Force was to decide how the City would accomplish a recycling
5 program.
6 Mayor Sundland stated that he perceived the City Manager had done a
7 very thorough job of enumerating all the goals of this study group
8 whose first meeting would be within a week or two.
9 Councilmember Enrooth was reaffirmed as the Council' s liaison and the
10 following persons were confirmed as Council appointees:
11 Sundland: Paul Norr, 2832 Coolidge Avenue N.E.
12 Keith Pearson, 3501 Belden Drive
13 Ranallo: Bill Zawislak, 2500 - 34th Avenue N.E.
14 Lauren McClanahan, 3507 Roosevelt Street N.E.
15 Enrooth: Ed Emerson, 2615 Townview Avenue N.E.
16 Makowske: Elaine Olson, 3015 Rankin Road
17 Vicki Osborne, 3404 Maplewood Drive •
18 Marks: Bill Sauer, 3620 Harding Street N.E.
19 Martin Lunde, 3425 - 33rd Avenue N.E.
20 Youth Service Bureau to Hold Open House April 27th
21 Councilmember Marks invited all Councilmembers to attend the open house
22 from 2 : 00 P.M. to 6 : 00 P.M. the following day.
23 ADJOURNMENT
24 Motion by Marks , seconded by Enrooth to adjourn the meeting at 10: 35
25 P.M.
26 Motion carried unanimously.
27 Respectfully submitted,
28 Helen Crowe, Secretary
29
30 Mayor
31 ATTEST:
32 City Clerk
•
20
. an Y /-\
ATE : A P PR O A S
May 6, 1988 ��
T O : V✓
Mayor and Councilmembers
Vj
F ROM :
Lila Johnson License/Billing Clerk
ITEM : LICENSES FOR COUNCIL APPROVAL
MULTIPLE HOUSING REGISTRATION
Kleinman Realty Co. (3200-3225 Diamond '8 Terrace)
CONTRACTORS
Universal Sign Company, St. Paul
Asphalt Specialties Co. , Lakeland
Inter-City Builders, New Brighton
Westphal Roofing, Moundsview
CIGARETTE
Dick's Amoco
HEATING LICENSES
Metro Bros. Heating
:cjk5.10.88
4.
C I T Y O F S T A N T H 0 N Y
P/E 4/30/88 A C C 0 U N T S P A Y A B L E PAGE 1
VENDOR NAME CHECK CHECK CHECK
• N0. TYPE DATE NO. AMOUNT
00820 DORSEY + WHITNEY M 4/30/88 . 01324 146.25
03660 RAMSEY COUNTY M 4/30/88 1'QQ. 01325 29.35
02295 MIDWEST FEDERAL SAVINGS M 4/30/88 � 01326 4009000.00
02295 MIDWEST FEDERAL SAVINGS M 4/30/88 01327 .105,958.29
05239 FEEKUT HOME BLDRS M 4/30./88 4245 25.00
00630 DAVID CHILDS M 4/30/88 16312 329.78
05036 CHAPEL CONSULTING INC M 4/30/88 16.313 .1, 128.00
05240 PERSONNEL DECISIONS INC M 4/30/88 16314 185.39
05182 . BRIGGS S MORGAN M 4/30/88 16315 39288.65
0082,0. ; . DORSEY + WHITNE.Y M 4/30/88 163.16 649.05
01390 EDWARD J HANCE M 4/30/88 16317 29200.00
05241 NO SUBURBAN CABLE COMM M 4/30/88 16318 9,878.52
05183 BRUCE A LIESCH ASSOC INC M 4/30/88 16319 19101. 85
05211 CLARENCE RANALLO M 4/30/88 16320 271.00
03150 ST ANTHONY MUNICIPAL LIO M 4/30/86 16321 5.960.72
05242 BOB' S COFFEE M 4/30/88 16322 23.95
02130 MAMA- M 4/30/88 16323 10.00
05243 ST ANTHONY FLORAL M 4/30/88 16324 34.50
05212 LO.IS DAVIS M 4/30/88 16325 72.04
05244 ICBO M 4/30/88 16326 70.00
05245 AMERICAN EXPRESS M 4/30/88 16327 93.81
• 05116 CABLE TV NORTH 'CENTRAL M 4/30/88 16328 60.75
05246 DAVES REFRIGERATION M 4/.30/88 . 16329 39.95
05075 JIM LORBESKI M 4/30/88 16330 50.00
03480 STATE TREASURER M 4/30/88 16331. 233.28
00880 ENTNER, LELAND M 4/30/88 16332 218.00
05220 I A 'F E M 4/30/88 16333 110.00
05247 IAFC 88 M 4/30/88 16334 380.00
03160 ST ANTHONY NATIONAL BANK M 4/30/88 16335 309000-00
03160 ST ANTHONY NATIONAL BANK M 4/30/88 16336 5.056.99
00700 COMM OF REVENUE OF MN M 4/30/88 16337 2,485.66
02840 PERA M 4/30/88 16338 . 6.645.67
01595 ICMA M 4/30/88 16339 860.90
009055 AETNA LIFE INS CO M 4/30/88 16340 19631.38
02385 MINNESOTA MUTUAL LIFE INS M 4/30/88 16341 959.57
03160 ST ANTHONY NATIONAL BANK M 4/30/88 16342 2 ,733.14
03160 ST ANTHONY NATIONAL BANK M 4/30/88 16343 53.. 86
02330 MINNESOTA BENEFIT M 4/30/88 16344 161.68
00110 AMERICAN BANKERS INSR CO M 4/30188 16345 64..80
01980 LEAGUE OF MINN CITIES M 4/30/88 16346 . 128.94
00825 DENTICARE M 4/30/88 16347 95.00
00050 A F S C LOCAL #57 M 4/30/88 16348 120.00
02410 MINN TEAMSTER-LOCAL =320 M 4/30/88 16349 95.25
01630 INTL UNION OF OPR ENGR 49 M 4/30/88 16350 230.00
00670 CITY COUNTY CREDIT UNION M 4/30/88 16351 1,765.00
01520 DONALD HICKERSON M 4/30/88 16352 30.36
01.380 HAMER, LARRY M 4/30/88 16.353 19.70
• 02820 PETTY CASH M 4/30/88 16354 38.47
05243 ST ANTHONY FLORAL M 4/30/8.8 16355 24.70
00700 COMM OF REVENUE OF MN M 4/30/86 16356 660.41
c .
C I T Y O F S T A N T H O N Y
P/E 4/30/88 A C C O U N T S P A Y A B L E PAGE 2
VENDOR NAME CHECK CHECK CHECK
• NO. TYPE DATE NO. AMOUNT
00235 AT&T INFORMATION SYSTEMS M 4/30/88 16357 328.52
00236 AT & T M 4/30/88 16358 20.69
00237 AT & T COMMUNICATION M 4/30/88 16359 -34088
0.7001 GOVERNMENT TRAINING SERV M 4/30/88 16360 125.00
05248 . BLACKS. PHOTO M 4/30/88 16361 19:80
02981 QUALITY BLACK DIRT M 4/30/88 16362 54.00.
02820 PETTY CASH M 4/30/88 16363 , 47. 85
00860 ENG.STROM, RICHARD M 4/30/88 16364 8.00
05249 UTAH COUNCIL CRIME PREV M 4/30/88 16365 11 .50
0518.2 BRIGGS_& . MORGAN - - -_. - M- . 4/30/88 1,6366 49359.11 .
051.83 BRUCE A. LIESCH ASSOC INC M 4/30/88 16367 2,005.67
03050 RIEKE-CARROLL-MULLER M 4/30/88 163,68 16029.49
01390 EDWARD J HANCE M 4/30/88 1'6369 2,200.00
02240 METRO WASTE CONTROL M 4/30/88 16370 26.082.04
02940 POSTMASTER M 4130/88 16371 300.00
05250 IRS M 4/30/88 16372 47.76
03505 SUNDLAND, ROBERT M . 4/30/88 16373 .34.10
03160 ST ANTHONY NATIONAL BANK M . 4/30/88 16374 289268.60
03160 ST ANTHONY- NATIONAL BANK M 4/30/88 16375 41768.08
00700 COMM OF REVENUE OF MN M 4/:30/88 16376 2,373. 29,
02840 PE.RA M 4/30/88 16377 69367.04
01595 ICMA M 4/30/88 16378. 860.90
• 00055 AETNA LIFE INS CO M 4/30/88 16379 1,7.35.18'
02385 MINNESOTA- MUTUAL LIFE INS M 4/30/88 16380 1,244.57
03163 ST ' ANTHONY NATIONAL BANK M 4/30/88 16381 2 ,593.56
03690 UNITED WAY M , 4/30/88 16383 90.00
03160 ST ANTHONY NATIONAL BANK M 4/30/88 16384 . 150.00
00670 CITY COUNTY CREDIT UNION M 4/30/88 16385 19757.00
01290 GROUP HEALTH PLAN M 4/30/88 16386 19251.10
02850 PHYSICIANS HEALTH PLAN K 4/3+0/88 16387 4,474.35
02185 MED-CENTER ., M 4/30/88 16388 311.95
00710 COMMERCIAL LIFE -INSURANCE M 4/30/88 16389 64.80
02930 PRUDENTIAL' INSURANCE CO M 4/30/88 16390 53.85
02840 PER A M 4/30/88 16391 36.00
03540 THOEMKE, JOHN M 4/30188 16392 101.55
05243 ST ANTHONY FLORAL M 4/30/88 1639.3 20.41
TYPE TOTAL 6949640.25
TOTAL 694,640.25
C I T Y O F S T A N T H O N Y L I A U 0 R
' P/E 4/19/88 A C C O U N T S P A Y A 8 L E PAGE 1
VENDOR NAME CHECK CHECK CHECK
NO. TYPE DATE NO. AMOUNT
04015 AMERICAN LINEN SUPPLY CO R 4/19/88 10852 584.02
04016 AMERICAN RISK SERVICES R 4/19/88 10853 423.00
04041 BUSINESS CREDIT LEASING R 4/19/88 10854 .106.12
04065 CENTRAL LOCK C SAFE CO R 4/19/88 10855 64.57
04085 CITY OF ST A NTHCNY R 4/19/88 10856 131.00
04095 COCA COLA BOTTLING R 4/19/88 10857 19420.05
04111 DATA E TEL COMMUNICATIONS R 4/19/88 10858 254.00
04118 EMS MUSIC INC R 4119/88 10859 127.50
04125 EAST SIDE BEVERAGE CO R 4/19/88 10x60 11 ,419.05
04135 ELECTRO WATCHMAN INC R 4/19/86 10861 265.60
04145 GANZER DISTRIBUTORS INC R 4/19/88 10862 79082.20
04205 HOME JUICE CO R 4/19/88 10863 90.30
04218 JOHNSON PAPER S SUPPLY CO R 4/19/88 10864 498.84
04230 KUETHER DISTRIBUTING CO R 4/19/88 10865 319511 .56
04241 LILLIE SUBURBAN NEWSPAPER R 4/19188 10666 19195.00
04250 LYSTADS R 4/19/88 10867 135.2E
04265 MARK VII SALES INC R 4/19/88 10868 1S9649.32
04266 MARKET MECHANICAL R 4/19/88 10869 1 ,764.79
04270 MELS VAN-O-LITE R 4/19/88 10370 43. 12
04293 MINN BAR SUPPLY R 4/19/88 10871 1 ,257.40
04338 NORTH STAR ICE R 4/19/8 ? 13172 335.08
04340 Ned BELL TELEPHONE CO R 4/19/88 10873 355.67
04345 OLD DUTCH FOODS INC R 4/ 19/88 10874 47.02
04355 PEPSI COLA/7 UP BOTTLING R 4/19/88 10875 954.50
• 04374 POPCORN UNLIMITED R 4/19/88 10876 76.00
04378 PROFESSIONAL PROCESSING R 4/19/88 10877 702.40
04390 REX DISTRIBUTING CO R 4/19/88 10878 199186.67
04396 RnYAL CROWN BEV R 4/19/83 10879 375.58
04450 STUART DISTRIBUTING CO R 4/19/88 10880 376.40
04460 SUNDERLAND INC R 4/19/88 10881 99.78
04463 SUPERIOR PRODUCTS MFG CO R 4/15/88 10882 258.24
04465 SURGE WATER CONDITIONING R 4/19/88 10883 55.80
04470 TOMBSTONE PIZZA R 4/19/88 10884 1+ 3.00
04480 TWIN CITY FILTER SERVICE R 4/19/88 10885 74.80
04481 TWIN CITY JANITOR SUPPLY R 4/1.9/68 10886 179.05
04492 WASTE MANAGEMENT R 4/19/88 10887 198.00
06190 SP LAKrz PK LUMBER R 4/19/88 10888 279069
06195 NORTHEASTER R 4/19/88 10869 665.00
06271 SCHUTTAI S HDWE R 4/19/88 10890 8.97
06346 BEISSWENGERS HDWE R 4/19/88 10891 15 .57
06424 RENT ALL MINN R 4/19/88 10892 106.00
06425 ST ANTHONY PAINTS R 4/19/88 10893 17.99
06455 ENTERTECH R 4/19/88 10894 48.50
06487 AMERICAN TOOL SUPPLY R 4/19/88 10895 64.64
06491 MPLS BRASS LTD R 4/19/88 10896 27.96
06517 TWIN CITY DEMOS R 4/19/88 10897 165.00
06530 APACHE PAPER CO R 4/19/88 10898 108.24
06531 CHAPEL CONSULTING INC R 4/19/88 10899 453.00
06532 CLARKLIFT OF MINN R 4/19/88 10900 22 .15
• 06533 THE CONNECTION R 4/19/88 10901 575.00
C I T Y O F S T A N T H O N Y L 1 0 0 0 R
P/E 4/19/88 A C C 0 U N T S P A Y A 'B L E PAGE 2
VENDOR NAME CHECK CHECK CHECK
NO. TYPE DATE NO. AMOUNT
• 06534 CRAFTSMAN HOUSE R 4/19/88 10902 60.00
06535 EMBASSY CONS SERVICES R 4/19/88 10903 350.00
06536 LOYALTY DAY PROGRAM BOOK R 4/19/88 10904 85.00
06537 MASON CUTTERS R 4/19/88 10905 225.00
06538 METRO AREA PROMOTIONS CO R 4/ 19/88 10906 295.00
06539 PAGE ELECT CONTRACTING R 4/19/88 10907 456.86
06.540 STORAGE EQUIPMENT CO R 4/ 19/88 10908 45.76
06541 VER TECH INC R 4/19/88 10909 47.00
TYPE TOTAL 1059528.02
TOTAL 105,528.02
•
•
® INVOICE
AASS1
ENGINEERS/ARCMRECTS■PLANNERS
• 222 EAST LITTLE CANADA ROAD,ST PAUL,MINNESOTA SS177 612 484-0272
April 25, 1988
City of St. Anthony
3301 Silver Lake Road
St. Anthony, MN - 55418
ATTN: Larry Hamer,
Director of Public Works 1988 MSA ACCOUNT
INVOICE NO. 1848 SEH FILE NO. 88120
FOR PROFESSIONAL SERVICES: FOR PERIOD THRU MARCH 19, 1988
For administration of 1988 MSA Account.
Project Manager 14.0 hrs @ $56.36/hr = $789 .04
Clercial . 5 hr @ $22. 54/hr = 11 . 27 $800.31
• TOTAL AMOUNT DUE AND PAYABLE THIS INVOICE . . . . . . . . $800.31
Pate Vf A=* ttt5Vtn? SS
COUNTY OF RAMSEY,CITY OF SAINT PAUL
Donald E.Lund In said County and State,being duty swom.
on oath,says.that he is Vice President
of the Shon-Elliott•Hendrickson,Inc.,that the foregoing account is Stand true;that the services therein charged were actually rendered. ■ ■
and of the value therein char that the fees or mounts cKarg therefore are ti as are allowed by law:and that no pan of such
account has been paid. (T I E BETTY J. ERSKINE
NOTARY PUBLIC—MINNESOTA
• Subscribed end sworn to before me the y o1 ' t9 r �RAMSEY COUNTY
_ �" MY COM.M.EXPIRES MAY 27. 1992
Y ■
My commission expires t9
SHORT ELLIOTT ST.PAUL, CHIPPEWA FALLS,
HENDRICKSON INC. MINNESOTA WISCONSIN
331780
DORSEY & WHITNEY
2200 FIRST BANK PLACE EAST
MINNEAPOLIS, MINNESOTA 85402
(0121340-2000
• (Internal Revenue Account No.41-0223337)
STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES
March 31, 1988
Mr. David Childs
City Manager
City of St. Anthony
3301 Silver Lake Road
Minneapolis, Minnesota 55418
Re: City of St. Anthony
For. legal services rendered from February 1, 1988
through February 29, 1988, including
Attend February 9 Council Meeting $ 175. 50
Attend February 24 Council Meeting $ 243.75
• Review agenda matters ; conference Chief
Hickerson regarding changes in weapons
ordinance; correspondence D. Childs
regarding same; review recycling
information; telephone call D. Childs
regarding removal of Dairy Queen sign;
telephone call D. Childs regarding
amendment of bylaws for Firefighters
Association; review proposed bylaw
amendment for fiduciary duty requirements $ 631. 25
TOTAL FEES $1, 050. 50
PLUS PHOTOCOPYING CHARGES $ 3 . 60
TOTAL FEES AND DISBURSEMENTS $1, 054 . 10
WRS/j as
615 178820 :47, 58, 1000
•
Disbursements made for your account, for which bills have not yet been received,will appear on a later statement.
. ai , thou
illy e .
ATE : APPRO�AL'-�
May 6. 1988
To : �— X
Mayor and Councilmembers
FROM : 1 '
Larry Hamer Public Works Director
ITEM : WELL #5 MODIFICATIONS
Well #5 is now complete., with the angle drive changed over and a 150 hp electric motor
installed.
After removal of the right angle drive it was determined that the drive the City had was
superior to the specified new angle drive. For approximately the same price, our angle
drive was changed over, instead of the new, less superior one installed. Therefore, we
will not receive the $500 trade-in for the original lower quality right angle
drive.
The labor incurred in removing and mounting the new motor is presently being computed
and we will be billed for it at a later date. This payment is in conformance with
the bids approved on March 8, 1988 and shown in the 1988 budget.
:cjk5.10.88
•
t"
CITY OF ST. ANTHONY, MINNESOTA
QUOTATION/PROPOSAL FOR MODIFICATIONS
TO DEEP WELL #5
The City of St. Anthony is accepting quotations for pulling Well
#5 , right angle gear drive, and component parts and replace them
with a new right angle gear drive to accommodate a new 150 H.P.
high-efficiency motor with a vertical hollow shaft. All parts ,
tests , equipment, and labor to complete the job must be furnished
by your company.
The City of St. Anthony reserves the right to accept or reject
any or all quotations in the best interest of the City.
Equipment Specifications
*New electric motor
1 - 150 H.P. General Electric , high-efficiency motor,
vertical hollow shaft or equal.
*1800 rpm, 480 volts , 3 phase, 60 hz
*Nema frame L444 TP service factor, 1 . 15 , 40 c
• ambient
*WP-1 enclosure, continuous duty
*Across line start
*Minimum normal full load efficiency 95. 8
*Pin type non-reverse ratchet assembly
$8,000.00
Motor cost
*New Right Angle Gear Drive *SEE ATTACHED STANDARD
CONDITIONS OF
1 - Amarillo Model 200A Gear Drive SALE
*Combination drive with motor stand
*Gear ratio 1 : 2
*Gear drive dimension per original specifications
Amarillo model #5BL ratio 1: 2 , serial #43996
Trade in for old angle drive $500.00
$5,000.00
Angle drive
cost
*New Motor Driveshaft
• 1 - 1-11/16" motor driveshaft , with threads both ends and
3/8" keyway top end
*Carbon steel material #C-1045
*1-11/16" head nut, gib key and locking screws •
$600.00
Driveshaft cost
Quote Items:
Furnish all necessary equipment and labor to pull the angle drive
and install the driveshaft motor and new angle drive, connect
into system and test
$135.00/ Hour
Furnish amount of time to remove, 3 Hour
install motor and drive, 4 Hour
number of men. 2 MEN
Furnish hourly rate for any shop time $40.00/HR.
Furnish hourly rate for possible test pumping:
Number of men 1
Labor per hour $40.00/HR.
Equipment per hour $10.00/HR. •
Electrical work will be provided by the City.
Return all quotes to:
Larry *Hamer
Public Works Director
3301 Silver Lake Road
St. Anthony, MN 55418
by March 3 , 1988 .
LAYNE MINNESOTA COMPANY
3147 CALIFORNIA ST NE
MPLS MN 55418
HARLES P. ALBERG, UC. ES ENT
•
LAYN E MINNESOTA • WATER WELLS • WATER-TREATMENT
• PUMPS • DRILLED PIER FOUNDATIONS
3147 CALIFORNIA ST. NE
MINNEAPOLIS, MN 55418
(612) 781-9553
TO: CITY OF ST ANTHONY DATE 4/29/88
3301 SILVER LAKE ROAD CUST.NO. BID PROJECT
ST ANTHONY MN 55418
ATTN: LARRY HAMER OUR ORDER NO. 288PR16
OUR INV.NO. 15953
TERMS NET T.E.C.NO.
RE: MODIFICATIONS ON YOUR DEEP WELL #5:
1 EA 150 HP GENERAL ELECTRIC MOTOR, HIGH EFFICIENCY 95.8,
VHS, WP-1 ENCLOSURE, 1800 RPM, 480 VOLTS, 3 PHASE, 60 HZ, -
FRAME L444TP, WITH N.R.R. $8,000, 00
1 EA AMARILLO GEAR DRIVE, MODIFICAITONS (PARTS & LABOR) ON
5BL COMPLETE WITH MOTOR STAND 5,000 00
EA 1 11/16" MOTOR DRIVESHAFT, C.S. MATERIAL, WITH NECESSARY
KEYWAYS 600 00
EQUIPMENT & LABOR CHARGES WILL BE INVOICED SEPARATELY
TOTAL AMOUNT 'DUE THIS PARTIAL INVOICE $13,600, 00
` i
J ,
CPA
�ne
World's most complete water service organization
LAYNE B BOWLER,INC. • INFILCO DEGREMONT INC * WALLACE B TIERNAN
ACCOUNT MEMORANDUM
• BRUCE A. LIESCH ASSOCIATES, INC.
GROUNDWATER GEOLOGISTS • ENVIRONMENTAL CONSULTANTS
April 28, 1988
TO: Mr. David Childs
FROM: Bruce A. Liesch Associates, Inc.
RE. T.C.A.A.P.
STATEMENT OF ACCOUNT -
REVISED
Date of Statement Client Balance Due:
• April 26, 1988 City of St. Anthony $ 2,162.97
April 26, 1988 David McDonald $ 2,162.97
TOTAL AMOUNT DUE: $ 4,325.94
• PLEASE PAY FROM THIS INVOICE - DETAILED BILLING SUMMARY ATTACHED
. BILLING STATEMENT BILLING DATE: 4/26/88'
BRUCE A . LIESCH ASSOCIATES, INC .
CONSULTING HYDROLOGISTS*PROFESSIONAL GEOLOGISTS*ENVIRONMENTAL SCIENTISTS
3020 HARBOR LANE / MINNEAPOLIS, MINNESOTA 55447 / (612)559-1423
CITY OF ST. ANTHONY CONTACT: MR. DAVID CHILDS•
3301 SILVER LAKE ROAD PROJECT : T . C.A.A .P.
ST. ANTHONY, MN 55418 PROJECT NO. 706800
TIME COMPLETE
TOTAL TOTAL FEE FEES &
THIS THIS EXPENSES
PROJECT PERIOD PERIOD DIRECT COST THIS PERIOD
------- ------- ---------- ------------ ------------
706800 41 . 00 2227 . 75 $2 , 098 . 19 $4 , 325 . 94
•
TOTAL AMOUNT DUE: $ 4 , 325 . 94
NET TERMS: 30 DAYS PLEASE PAY AMOUNT IN LAST COLUMN
. SILO NG STATEMENT BILLING DATE: 4/26/88
BRUCE A . LIESCH ASSOCIATES, INC.
CONSULTING HYDROLOGISTS*PROFESSIONAL GEOLOGISTS*ENVIRONMENTAL SCIENTISTS
3020 HARBOR LANE / MINNEAPOLIS, MINNESOTA 55447 / ( 612)559-1423
•CITY OF ST . ANTHONY CONTACT: MR. DAVID CHILDS
3301 SILVER LAKE ROAD PROJECT : T . C. A . A . P.
ST . ANTHONY, MN 55418 PROJECT NO. 706800
TASK JOB TASK
DATE NO. DESCRIPTION TIME EMPLY RATE TOTAL
---------- ---- ------------------------- ------ --- ------ -------
3/28/1988 1300 GRAPHICS 3 . 75 DJ2 $25 . 00 $93 . 75
3/28/1988 1304 HYDROLOGICAL MAPS 2 . 00 LAB3 $50 . 00 $100 . 00
3/28/1988 1209 MEETING PREP. 3 . 0.0 KPO3 $70 . 00 $210 . 00
3/28/1988 1210 MEETING 3 . 00 KP03 $70 . 00 $210 . 00
3/28/1988 1802 SECRETARIAL 1 . 00 JRK $19 . 00 $19 . 00
3/28/1988 1802 SECRETARIAL 0 . 75 KAE $19 . 00 $14 . 25
3/29/1988 1210 MEETING 4 . 50 KP03 $70 . 00 $315 . 00
3/30/1988 1900 PROJECT COORDINATION 1 . 00 KP03 $70 . 00 $70 . 00
3/30/1988 1202 PHONE W/ATTORNEY 0 . 25 KP03 $70 . 00 $17 . 50
3/31/1988 1202 PHONE W/ATTORNEY 0 . 25 KP03 $70 . 00 $17 . 50
3/31/1988 1203 PHONE W/REGULATORY AGENCY 0 . 25 KP03 $70 . 00 $17 . 50
4/01/1988 1202 PHONE W/ATTORNEY 0 . 25 KP03 $70 . 00 $17 . 50
4/01/1988 1203 PHONE W/REGULATORY AGENCY 0 . 25 KP03 $70 . 00 $17 . 50
4/04/1988 1208 LETTER PREP . 1 . 75 KPO3 $70 . 00 $122 . 50
4/04/1988 2008 PICK UP/DELIVERY 2 . 00 TWS2 $19 . 00 $38 . 00
4/04/1988 1209 MEETING PREP. 1 . 50 KP03 $70 . 00 $105 . 00
4/04/1988 1802 SECRETARIAL 1 . 00 JRK $19 . 00 $19 . 00
• 4/05/1988 1210 MEETING 4 . 75 KP03 $70 . 00 $332 . 50
4/05/1988 1802 SECRETARIAL 0 . 50 JRK $19 . 00 $9 . 50
4/06/1988 1802 SECRETARIAL 1 . 00 JRK $19 . 00 $19 . 00
4/08/1988 1201 PHONE WITH CLIENT 0 . 25 KP03 $70 . 00 $17 . 50
4/08/1988 1202 PHONE W/ATTORNEY 0 . 25 KP03 $70 . 00 $17 . 50
4/11/1988 1212 REVIEW CORRESPONDENCE 0 . 75 KP03 $70 . 00 $52 . 50
4/11/1988 1900 PROJECT COORDINATION 0 . 50 KP03 $70 . 00 $35 . 00
4/11/1988 1605 WATER USE DATA REVIEW 1 . 50 KP03 $70 . 00 $105 . 00
4/11/1988 1210 MEETING 1 . 50 KP03 $70 . 00 $105 . 00
4/18/1988 1208 LETTER PREP. 1 . 00 KP03 $70 . 00 $70 . 00
4/18/1988 1802 SECRETARIAL 1 . 00 JRK $19 . 00 $19 . 00
4/18/1988 1802 SECRETARIAL• 0 . 75 KAE $19 . 00 $14 . 25
4/21/1988 1802 SECRETARIAL 0 . 50 KAE $19 . 00 $9 . 50
4/22/1988 1202 PHONE W/ATTORNEY 0 . 25 KP03 $70 . 00 $17 . 50
41 . 00 $2 , 227 . 75
•
PROJECT DIRECT COST SHEET
PROJECT : T . C . A .A . P.
BILLING DATE : 4/26/88 •
DATE PROJECT ACTIVITY COST EMPLOYEE
-------- ------- ----------------------------------- ----------- --------
3/28/88 706800 41 MILES $14 . 35 KPO
3/28/88 706800 135 COPIES $20 . 25 JRK
3/29/88 706800 42 MILES $14 . 70 KPO
3/29/88 706800 PARKING $2 . 00 KPO
3/30/88 706800 POSTAGE $0 . 39 DLA
4/04/88 706800 45 MILES $15 . 75 TWS
4/04/88 706800 PARKING $0 . 80 TWS
4/05/88 706800 44 MILES $15 . 40 KPO
4/06/88 706800 POSTAGE $1 . 75 JRK
4/11/88 706800 BLUE LINE PRINTS $12 . 72 DJ
4/11/88 706800 30 MILES $10 . 50 KPO
4/19/88 706800 PROFESSIONAL FEES $1 , 989 . 58 HOP
$2 , 0.98 . 19
•
I
•
Hans-Olaf PFANNKUCH
Dr.Ing.
2358 BOURNE AVENUE
SAINT PAUL
• MINNESOTA-55108
TEL. 612-645-3784
4/19/88
Bruce A. Liesch Associates, Inc.
320 Harbor Lane
Plymouth, MN 55447
Re ° Phase 11,St. Anthony Village Project
Gentlemen,
Please,find below the statement for work performed and expenses incurred in
connection with the St. Anthony Village well contamination project for Briggs and j
Morgan, St. Paul in the period from July 1 to December 31, 1987.These are the total costs
accrued to the project up to this point in time (19-Apr-88).since no new work was
• engaged in during 1988. j
The work consisted of the writing of additional comments to the report: "TCAAP-
Summary of Findings"which was completed in Europe,hence the express mail and long
distance telephone charges. During the month of December the main activity dealt with
the review of affidavits by Messrs. Rovers,Shanahan, Stoner and Ms-Underwood,
affidavits of Bruce Liesch and K.P.Olson and their comments to Response Affidavits, and
a review of: "Off TCAAP Study Phase III by Conestoga-Rovers&Assoc." and "Final
Remedial Investigation of Trio Solvent" by Delta Environmental Consultants as
requested by Briggs and Morgan ( Letters of Dec. I and 3 ).The final product is my
comments to "Response Affidavits-Rovers,Shanaha.n,Underwood and Stoner in Werlein
et.al vs.U.S. of A.etc."
The total charges as detailed in the appended worksheet are S 1,989.58
Sincerely yours,
Hans-Olaf Pfannku
• Enc.
HOP/nk
P.S. : Please,find enclosed the copy of a statement from 20-July-1987 which has not
been acted upon yet.
Page I
•
BALA StAnthony Phase 11 Project
Date :ALtIV21— :Time :Miles :Other
I 7-Sep-87.Discussion with K.P.O.
0.50:
2-Oct-8 7:di tto
6-Oct-8 T di tto at air
ort 1.00:
I 3-Oct-87:Edit&add to TCAAP Summary report
3.50:
14-Oct-87ReAevCRA rep2rt and comments
2.50::
.14-Oct-87:Telephone 16.26 DM
$10.04
I 4-Oct-87.Express mail report from Europe 50.0 DM $30.86
16-Oct-87
.......... ...... from France 35,22 $6.18
3-Dec-.87.Discussion with K.P.O. 0.75:
....................
I 4-Dec-87:Red Mcu3eotsafdeits and statements .8...00:.
..........
17-Dec-8Tditto&
p
___p[e
re response 3..50.:.........
2 7-Dec-8 7:Co m e nt3 to response Affi dayi ts 5.00,
0:30-Dec-87
Discussion with BALA personnel
:TOTAL HOURS 26.25::
:TOTAL MILES
............ ...............
•
__:TOTAL OTHER EXPENSES
$47.08
JOTAL MILES $ 0.225/mile
:TOTAL HOURS 74.00/hour $1 ,942.50
----------
:GRAND TOTAL
•
=l
.. In Account With
BRIGGS AND MORGAN FILE NO. 17538
PROFESSIONAL ASSOCIATION DCM
2200 FIRST NATIONAL BANK BUILDING
SAINT PAUL. MINNESOTA 55101
• TELEPHONE (612) 201-1216
April 29, 1988
City of St. Anthony
3301 Silver Lake Road
St. Anthony, Minnesota 55418
Attention: Mr. David M. Childs
City Manager
PLEASE DETACH TOP PORTION AND MAIL WITH PAYMENT
For professional services rendered in connection with the
following matter through March 31, 1988 :
City of St. Anthony v.
U.S. Department of Army, et al.
Our File No. 17538
• DATE ATTORNEY TIME DESCRIPTION
3/1/88 Van de North . 25 Telephone conference with
Ken Olson regarding Phase
IA-RI amendments.
3/1/88 Buethe 2.. 50 Review technical reports
prepared by MPCA, Army,
Federal-Hoffman, and Honeywell.
3/2/88 Buethe 1 . 00 Review technical reports
prepared by MPCA, Army,
Federal-Hoffman, and Honeywell.
3/3/88 Buethe 1. 50 Review technical reports
prepared by MPCA, Army,
Federal-Hoffman, and Honeywell.
3/4/88 Van de North . 25 Telephone conference with
Dave Childs regarding
miscellaneous issues involving
MDH, MPCA and New Brighton.
BRIGGS AND �IORG�N
F.30025 (R12-87) FED.I.D.#41-0954702
BRIGGS axD MORGAN
Mr. David M. Childs •
April 29 , 1988
Page Two
3/4/88 Buethe 1. 00 Review technical reports
prepared by MPCA, Army,
Federal-Hoffman, and Honeywell.
3/4/88 McDonald . 25 Intra-office conference
regarding litigation issues.
—_3/_6./_8-8___ _.Buethe .75--Review- -technical--r-epor--ts --- -- -- —
prepared by MPCA, Army,
Federal-Hoffman, and Honeywell.
3/7/88 McDonald 1 . 05 Conference with Jack Van
de North and Maureen Warren;
telephone conferences
with Brian Short and Dave
Childs ; review memo to
EPA and MPCA regarding
St . Anthony carbon plant;
review Dave Childs letter
to Gene Wong; review settle- •
ment proposal from Minnesota
Transfer Railway.
3/7/88 Warren . 75 Prepare letter on discovery
motion; conference with
Dave McDonald.
3/7/88 Van de North 1 . 00 Telephone conference with
Dave Childs ; review cor-
respondence regarding
schedule with PCA for
clean water supply for
St. Anthony; conference
with Dave McDonald.
3/7/88 Buethe . 25 Conference with Jack Van
de North regarding Trio
Solvent defendants; document
review.
3/8/88 McDonald .75 Telephone conferences
with Tim Thornton and
Dave Childs ; legal research
regarding Local Rule 4 .
•
BRIGGS &xn MORGAN
• Mr. David M. Childs
April 29, 1988
Page Three
3/9/88 Van de North . 25 Telephone conference with
Dave Childs.
3/9/88 Buethe 1 . 00 Review technical reports
prepared by MPCA, Army,
Federal-Hoffman, and Honeywell.
3/9/88 McDonald . 85 Prepare letter regarding
settlement demand; legal
research regarding interest
on CERCLA response costs;
conference with Dave Childs;
make travel arrangements.
3/10/88 Van de North . 75 Legal research regarding
natural resource damages.
3/10/88 Buethe . 50 Review technical reports
prepared by MPCA, Army,
• Federal-Hoffman, and Honeywell.
3/10/88 Warren . 50 Discovery work on Army
documents.
3/10/88 McDonald . 50 Telephone conference with
Dave Childs.
3/11/88 McDonald 1 . 10 Telephone conferences
with Bonnie Sims, Dave
Childs, Tim Thornton,
Brian Short, and Peter
Colby; conference with
Jack Van de North and
Maureen Warren; Rule 4
conference with Capt.
Mark Connor and Peter
Colby.
3/11/88 Buethe .75 Review technical reports
prepared by MPCA, Army,
Federal-Hoffman, and Honeywell.
3/11/88 Van de North . 50 Conference with Dave McDonald;
telephone conference with
Bonnie Sims regarding
• MPCA' s position on St.
Anthony contamination.
BRIGGS &xn MORGAN
Mr. David M. Childs •
April 29 , 1988
Page Four
3/12/88 Warren 1 . 00 Prepare motion to compel
discovery from Army.
3/12/88 McDonald 1 . 25 Review letter from Tom
Schulte; review discovery
motion materials ; review
letter to Capt. Mark
_Connor-and-Pete-r--Co-1-by;--- ---- -- - - -'
- -- review .letter from Minnesota
Department of Health;
review letter to Capt.
Mark Connor regarding
Army discovery; review
letter from J. Shannon;
review letter from Dave
Childs to J. Shannon;
review memo to Congressional
Delegation; review memo
regarding meeting with
MPCA director; review •
memo to EPA/MPCA regarding
carbon filtration plant.
3/12/88 Van de North . 25 Telephone conference with
Doug Kelly regarding- meetings
on March 21 or 22 .
3/14/88 Buethe 2 . 00 Class action research
project; document review.
3/14/88 Van- de North 2 . 50 Meeting in St. Anthony
regarding temporary water
supply; conference with
Dave McDonald.
3/14/88 McDonald 1 . 15 Telephone conferences
with Dave Childs, Peter
Colby, Bonnie Sims, and
Ken Olson; conference
with Jack Van de North;
review letter from J.
Shannon; review letter
from Dave Childs .
•
BRIGGS Axn MORGAN
• Mr. David M. Childs
April 29, 1988
Page Five
3/15/88 Buethe 1 . 00 Prepare memorandum on
class action issues .
3/15/88 Van de North 2 . 50 Correspondence to Bonnie
Sims ; telephone conference
with Dave Childs ; meeting
with Maureen Warren; con-
ference with Dave McDonald.
3/15/88 Warren 1 . 00 Prepare motion to compel
discovery - workers comp.
Army records.
3/15/88 McDonald . 50 Conference with Jack Van
de North; telephone con-
ferences with Dave Childs
and Bonnie Sims .
3/16/88 Van de North . 50 Legal research regarding
• Trio Solvent settlement.
3/16/88 Warren 2 . 50 Prepare motion to compel
discovery from the Army.
3/16/88 McDonald . 65 Telephone conferences
with Bruce Vento and Dave
Childs ; conference with
Maureen Warren; review
letter to Bonnie Sims ;
conference regarding St.
Anthony meetings in Washington,
D.C.
3/17/88 Warren 3 . 50 Prepare motion to compel
discovery from the Army.
3/18/88 Van de North 1 . 00 Prepare for trip to Washington,
D.C. ; conference with
Dave McDonald and Ken
Olson.
•
BRIGGS Axn MORGAN
Mr. David M. Childs •
April 29, 1988
Page Six
3/18/88 McDonald . 85 Conference with Jack Van
de North; telephone con-
ference with Ken Olson
and Peter Colby; meeting
with Maureen Warren and
Neal Buethe.
3/18/88 Warren 1 . 50 Meeting with Dave McDonald;
-- review CDBG application.
3/19/88 Buethe 1 . 50 Document review; meeting
with Dave McDonald and
Maureen Warren.
3/20/88 Van de North 2 . 00 Prepare for Washington,
D.C. trip and presentation
to Congressmen and Army.
3/20/88 McDonald . 50 Prepare for Washington
meetings ; review St. Anthony •
cost materials .
3/20/88 Warren . 50 Preparation for CDBG- meeting
on March 21 ; review proposal
- of St. Anthony.
3/21/88 Warren 1 . 50 Attend CDBG Ramsey County
Committee meeting and
prepare memo regarding
same.
3/21/88 Van de North 10. 00 Meeting in Washington,
D.C. regarding efforts
to settle litigation in-
cluding dinner meeting
with Douglas Kelly of
Senator Durenberger' s
office.
3/21/88 Buethe 1 . 00 Prepare discovery outline.
3/21/88 McDonald 9 . 00 Meeting with Congressional
Staff ; meeting with Steve
Francisco and Gordon Hoff ;
meeting with Jack Van
de North and Ken Olson; •
telephone conference with
Steve Francisco, Ed Garvey
and Gordon Hoff.
BRIGGS &wx) MORGAN
• Mr. David M. Childs
April 29, 1988
Page Seven
3/22/88 Van de North, 7 . 00 Meeting in Washington,
D.C. with Sabo, Dingle,
etc. regarding efforts
to settle; letter to Doug
Kelley; telephone conference
with Maureen Warren re-
garding Ramsey County
CDBG proposal.
3/22/88 McDonald 7 . 60 Conference with Jack Van
de North; telephone con-
ference with Dave Childs ;
meeting wtih T. Jonas,
D_. Frandsen, Army and
Congressman Sabo, and
Jack Van de North.
3/22/88 Huntrods . 45 Telephone conference with
Capt . Mark Connor regarding
• terms for providing water
to St. Anthony; conference
with Jack Van de North
and Dave McDonald regarding
settlement discussions
in Washington with Army
regarding St. Anthony' s
water supply.
3/23/88 Van de North . 50 Review memo regarding
CDBG from Maureen Warren.
3/24/88 Van de North 1 . 00 Meeting regarding USATHAMA
visit and TCAAP present
on March 29 and April 5.
3/24/88 Buethe 1 . 50 Discovery meeting and
document review.
BRIGGS MORGAN
Mr. David M. Childs
April 29 , 1988
Page Eight
3/24/88 McDonald 1 . 50 Telephone conferences
with Brian Short, Ken
Olson, and Tim Thornton;
conference with Jack Van
de North; meeting with
Jack Van de North, Ann
Huntrods , Neal Buethe,
and Deb Post.
3/24/88 Huntrods .65 Strategy meeting and organi-
zation.
3/25/88 McDonald . 60 Telephone conference with
Ken Olson; conference
with Deb Post and Maureen
Warren; review letters
from Doug Rainbow; review
Federal-Hoffman' s memorandum
regarding discovery; review
letter to Dave Childs ; •
review memo regarding
CDBG advisory board meeting.
3/25/88 Warren . 50 Telephone conference with
Dave McDonald; review
St. Anthony CDBG memo.
3/28/88 McDonald 4 . 20 Conference with Deb Post;
telephone conference with
Dave Childs and Capt.
Mark Connor; meeting with
Brian Short regarding
settlement with Minnesota
Transfer Railway; prepare
for meeting with MCPA;
prepare for meeting with
the Army; attend meeting
with the MPCA, Ken Olson,
Dave Childs , Mayor and
City Council.
3/29/88 McDonald 1 . 50 Telephone conference with
Dave Childs ; conference
with Deb Post; review
document regarding St . •
BRIGGS Axn MORGAN
• Mr. David M. Childs
April 29, 1988
Page Nine
Anthony cost; prepare
memo regarding St. Anthony
attorney fees; review
notes of meeting with
MPCA; prepare for meeting
with Capt. Mark Connor.
3/30/88 McDonald 1 . 00 Review Federal-Hoffman
memo regarding discovery
motion; prepare for dis-
covery motion; conference
with Maureen Warren and
Deb Post; telephone con-
ferences with Brian Short
and Maureen Warren; prepare
memo regarding St. Anthony
attorney fees ; prepare
memo regarding St. Anthony/
Liesch costs.
• 3/30/88 Warren 2 . 00 Preparation for motion
to compel discovery.
3/31/88 Warren 4 . 00 Reply to Judy Karon letter
from Ramsey County; meeting
with Dave Childs .
3/31/88 Van de North . 25 Conference with Dave McDonald
regarding MPCA meeting
and other matters.
Total Hours 101 . 90
SUBTOTAL. . . . . . . . . . . . .$6,114.00
•
BRIGGS 1.xD MORGAN
Mr. David M. Childs
April 29 , 1988
Page Ten
Disbursements:
Long Distance Telephone
Charges $ 6. 20
Photocopying Charges 5.60
Travel Expenses 352 . 34
$364 .14 $ 364 . 41
TOTAL AMOUNT DUE THIS STATEMENT. . . . . . . . . . . . . . .$6,478.41
•
•
f r '
LAW OFFICES ,
HANCE FB LEVAHN , LTD.
SAINT ANTHONY NATIONAL BANK BUILDING, SUITE 200
• 2401 LOWRY AVENUE NORTHEAST
MINNEAPOLIS, MINNESOTA 55418
EDWARD J. HANCE
JOEL T. LEVAHN
PAUL W. FANNING TELEPHONE
ALLEN R. DESMOND (612) 781-4858
ASSISTANTS
TERESA H. CRAVEN
KATHRYN A. DAILEY .
April 25, 1988
Mr. David Childs
City Manager
City of St. Anthony
3301 Silver Lake Road
St. Anthony, Minnesota 55418
Captain Richard Engstrom
St. Anthony Police Department
3301 Silver Lake Road
St. Anthony, Minnesota 55418
• Chief Donald Nickerson
St. Anthony -Police Department
3301 Silver Lake Road
St. Anthony, Minnesota 55418
Gentlemen:
Enclosed herewith please find a copy of a report indicating
various matters conducted at the Hennepin County District Court
on April 20 , 1988.
Should you gave any questions or comments, please contact me.
Yours ge:r7 uly,
RD J. HANCE
G%
closure
EJH/kd
•
t
ST. ANTHONY -PROSECUTION ACTIVITY
April 20 , 1988
EDWARD J. HANCE LAW OFFICES, LTD.
Submitted by: Edward J. Hance
Prosecuting Attorney
2401 Lowry Avenue N.E. , Suite 200
Minneapolis, Minnesota 55418
Telephone: (612) 781-6539
A R R A I G N M E N T S - The Honorable George Adzick
DEFENDANT PLEA SENTENCE
Alonso, Leslie Louise Charged with DAS and defective
115 headlights; Pre-Trial set for
May 4 , 1988.
Berny, Thomas Robert Charged with no insurance, DAR, Fine - $300.00 , $250.00 stayed one
114 and defective brakes; Pled year for both offenses; Jail - 15
guilty to no insurance and DAR days, parole after 2 days on both
charges; Other charge dismissed. charges, jail time to run con-
currently; On conditions of no
insurance or driver ' s license viola-
tions for one year.
Bobenmoyer, Glen Alvin Charged with gross DWI and gross
Engstrom, 115 alcohol concentration of . 10 or
more within two hours ( . 27) ; No
appearance at April 20 , 1988 ,
arraignment; Bench warrant issued.
Bonafield, Christopher Charged with driving without a Fine - $44 .00 on speeding charge;
Radliff Minnesota driver' s license and Fine - $300 .00 , $200.00 stayed one
115 speeding (misdemeanor) ; Pled year on driver ' s license charge; On
guilty to both charges. condition of no driver' s' license
F offenses for one year.
i
i
Canniff, Jeffrey Michael Charged with no insurance and
108 speeding; Arraignment continued
until May 4 , 1988.
Fullilove, Arthur Lee Charged with passing through
113 stop sign; No appearance at
April 20 , 1988 , arraignment;
Bench warrant issued.
Gayles, Frank Roger Charged with DAS , no insurance, Fine - $300 .00 , $300.00 stayed one
108 and defective headlights; Pled year, or two days, on both charges;
guilty to no insurance and DAS Jail - 20 days, 18 days stayed one
charges; Other charge dismissed. year on both charges, jail time to
run concurrently; On conditions of
no same or similar offenses for one
year.
Hoecherl, Dawayne Lee Charged with DAS and defective
115 headlights; Arraignment
continued until May 4 , 1988 .
Rettner , Gorden Allen Charged with DWI , alcohol con-
115 centration of . 10 or more (.11) ,
and alcohol concentration of
.10 or more within two hours
( .11) ; .Pre-Trial set for
May 4 , 1988.
Lowell, Mark Anthony Charged with DWI , possession Fine - $150 .00; Jail - 20 days,
113, 115 of controlled substance, open parole after 3 days; On conditions
bottle, and possession of hypo- of no same or similar offenses and
dermic needles; DWI charge no alcohol- or drug-related offenses
reduced to careless driving for one year.
due to Defendant' s low blood
alcohol concentration reading;
Pled guilty to careless driving;
Other charges dismissed.
t
• • ,
r
Lucas, Crystal Ann Charged with employee theft; Stay of imposition of sentence for
113 Pled guilty; Stay of imposition one year on conditions of no same or
of sentence for one year. similar offenses for one year and
payment of $100 .00 in court costs.
Montgomery, David Donald Charged with theft from business; Stay of imposition of sentence for
116 -Pled guilty; Stay of imposition one year on conditions of no same or
of sentence for one year. similar offenses for one year and
payment of $75.00 in court costs.
Mueller , Randall James Charged with no insurance;
115 Arraignment continued until
May 18 , 1988.
Peterson, David Brian Charged with failure to yield
103 to emergency vehicle; .Pre-Trial
set for May 4 , 1988 .
Piersiak, Michael Francis Charged with no insurance and Fine - $75.00 .
115 defective exhaust; Pled guilty
to no insurance charge;- Other
charge dismissed.
Putnam, Thomas James Charged with owner allowing
116 uninsured motor vehicle to be
operated; Arraignment continued
until May 18 , 1988 .
Qutob, Mecca Jean Charged with DWI; Arraignment
113 continued until June 1, 1988 .
Reese, Esther Linda Charged with expired license Fine - $300 .00, $150 .00 stayed one
116 plates and no insurance; .Pled year; Jail - 2 days, ' 2 days stayed
guilty to no insurance charge; one year; On condition of no
Defendant paid fine on expired insurance violations for one year.
license plates charge prior
to arraignment.
Spah, Timothy James Charged with improper use of Fine = '$50 .00 on license plate
113 instransit license plates and charge; Fine - $55 .00 on speeding
speeding; -Pled guilty to both charge.
charges.
Wierzbinski , Donald Joseph Charged with theft from Stay of imposition of sentence for
103 business; Pled guilty; Stay of one year on conditions of no same or
imposition of sentence for similar offenses for one year and
one year. payment of $75.00 in court costs.
P R E - T R I A L S - The Honorable George Adzick
DEFENDANT PLEA SENTENCE
Alexander, Kathleen Joanne Charged with DWI , alcohol con- Fine - $200.00 ; Jail - 20 days, 20
113, 115 centration of . 10 or more ( .10) , days stayed one year; 40 hours of
and alcohol concentration of community service; On conditions
.10 or more within two hours of no same or similar offenses and
( .10) ; Alcohol concentration no alcohol-related violations for
of .10 or more charge reduced one year.
to careless driving due to
Defendant' s good prior record
and low blood alcohol concentra-
tion; Other charges dismissed.
Budde, Linda Ann Charged with owner allowing
112 marijuana in motor vehicle; No
appearance at April 20 , 1988 ,
arraignment; Bench warrant
issued.
Carlson, Eric Brian Charged with gross DWI and Fine - $100.00 ; Jail - 100 days,
Engstrom, 114 gross alcohol concentration of parole after 30 days; On conditions
.10 or more within two hours of no alcohol-related traffic
( .14) ; Pled guilty to gross DWI; offenses and no same or similar
Other charge dismissed. offenses for two years.
i
Erickson, Gary Eugene Charged with gross DWI , gross Fine - $100 .00 ; Jail - 100 days,
Engstrom, 113 , 115 alcohol concentration of . 10 or parole after 8 days; On conditions
more within two hours ( . 23) , of two years of probation, no same
and aggravated DWI; Pled guilty or similar offenses for two year ,
to aggravated DWI; Other charges and weekly attendance at AA meetings
dismissed. to begin within two weeks from
sentencing date.
Gray, Gerald Louis Charged with gross DWI , gross
Engstrom, Thoemke, 108 alcohol concentration of . 1.0 or
more within two hours ( .16) ,
careless driving, and open bottle,
No appearance at April 20 , 19880,
continued pre-trial; Bench warrant
issued.
Horwath, Joseph Carl Charged with DAR and defective Fine - $300 .00 , $250 .00 stayed one
108 headlights; Pled guilty to DAR year; Jail - 15 days, 15 days stayed
charge; Other charge dismissed. one year; On conditions of no same
or similar offenses and no driver ' s
license violations for one year.
Lestina, William James Charged with violation of
114 restricted driver' s license;
Pre-Trial continued to May 4, 1988 .
McCullen, Steven Ronald Charged with DAR, speeding, Fine - $100.00 ; Jail - 30 days,
112 and possession of marijuana in parole after 10 days; On conditions
a motor vehicle; Pled guilty of no same or similar offenses and
to DAR; Other charges dismissed. driving only with a valid driver ' s
license for one year.
Ranallo, Frederick Charles Charged with DAS and speeding; Fine - $300 .00 , $300.00 stayed one
108 Pled guilty to DAS; Speeding year; Jail - 15 days, parole after 3
charge dismissed. days; On conditions of no same or
similar offenses for one year.
1
1
Saastad, Paul Douglas Charged with DWI and alcohol
114 concentration of . 10 or more
within two hours ( .17) ; Jury
Trial set for June 2 , 1988 ,
at 8 :45 a.m.
Tollefson, Lisa Lynn Charged with gross DWI; Pled Fine - $100 .00 ; Jail - 100 days,
Engstrom, 114 , 116 guilty. parole after 21 days; On conditions
of no alcohol-related traffic
offenses for two years, attendance
at AA, and Defendant following
recommendations of probation
officer.
j
' C 0 M -P L A I N T S
DEFENDANT OFFICER CHARGE
Bobenmoyer, Glen Alvin Captain Richard Engstrom Charged with gross DWI and gross
Officer David Carlson alcohol concentration of .10 or more
within two hours ( . 27) .
D I S M I S S A L S
DEFENDANT CHARGE REASON FOR DISMISSAL
Shen, Lan Charged with revoked license The arresting officer determined
St. Anthony Citation plates and operating motor that the Defendant had just
Nos. 188-620310-6 vehicle without required purchased the vehicle and had no
and 188-620311-4 insurance. knowledge that the license plates on
Officer John Ohl the vehicle were revoked. The
Defendant also produced proof that
the vehicle was insured on the date
of the stop.
j
.f
ST. ANTNONY FInE DFPIIRTHENT n
MONTHLY REPORT 'A �l - I
COMPANY
DATE TIME LOCATIO14 LOSS RFMARKS AT FIRST PECI:U COtiPAN
FIRES AID DUTY INSPT
� HRS LAIN HRS HIPS HRS MIN HRS 01
i ( NSPC ��o�
ST. ANWONY FIRE I)PPARTIl�:IIT
pA�E
_ MONTHLY RCPOf:T
coHPANY E l l - I Z 0 IRK - l l
1L COt1PAN
U?.'I'E TI!il`: I,pCATIOIJ LOSS 1•t}:M11R;(S AT FIRST SPECI,
FIRES AID DUTY INSPT
HRS MIN )IRS HIH HRS MIN MRS I
Z13 4-I 0855 3700 055Rd. MEDICAL - APN Ek 2 I
Z l`/ ocCce CK ENC Z ` ,40
0635 Z
ZI�O �-(-2 IZl9 Zatti SIIvCfL. I_�xlvt; �3t1 1M�r,�cc.r�L - cv� qty
2P *3 1110 3312 SlLvE:gLr, Rd McDICAL, - symcopL L
Z 18 3 3 el 3 H3
Ztg- -3 9ZSS 3-700 -Co SS J- RE A_(-A R-,PA
Z20 �L 3Z5 Zoo Poss
ZZI LI--9 C6l� 5t� I +�� rl d���� �•�F r5v��t 33
51L-JLT- l.AAL C1N Fjwf Vl�C�Jt�i�� 1�►� )�
Al
ki
as �►35 __ L-� rr� ,JA _
as a Ll 7 v r?
c� �� � l' � 1 � \ ///'/•
14 CP
pyQc.E
ST. ANTHONY FIRE DEPART11ENT
M011THLY REPORT
COMPANY����1, t� f �uc�rr I l ,qPf- L 1 68 —
fi,,%I'E TIME LOCATION LOSS RFMARKS AT FIRST SF'ECIAIL lCOMPAN
FIRES AID DUTY INSPT
HRS 14IN 11RS IMIN HRS imrN HRS O1I
rj
L
�- �
's-r)'s-r)
L3 Ll-P5 Cp
J S 047 IlrttL-
Z32 y- 135 ?J «
7-3� f-Ip ZI 3iJ�l u1(-j3r4 t. AL( Ptiv\ I
�3s+ /Sro '�c .
.336 y-!/ /o yS 2 2,2 s C)f)O c,
-Z:5� 13 0111 3
3c 4- 3 332 3 dC, I-
a110 '-,- /3 t
1 Ll _j3 g og 3-,70/
c7�1 C,HCI , r ___ ��'� Ir.�✓c� frC,i4�� � ' �
qC- O s, U(L. L �. �� _l�l'/E!�/,L
?_cl1,- '-I- f ti�F P10
of y s
ST. ANT;IONY FIRE DFPARTtlElJT
MONTHLY IiCPORT
COMPANY Fs,,� /l la�ai� T�rc;r �/
?��:; U?.TE TI!1[: LOCATION LOSS R}:MARKS AT FIRST SPECIAL COf1PAN
FIRES AID DUTY INSPT
*'0• HRS MIN i1RS HIN HRS MIN HRS M I
j-/6 11130 o � ' ✓c" �4
`/o 30
Y-1 C 111CD-ZC-a C - os 5. Ll 3 i
oZj 1 - ,0 &LEA G 7
tLi
as— - /S
Li
.U� LErr c2Ht 9A,4. t-
Zlo2 y-ZIP
oWq X031 CRS( A1.P m- m6- ,,,
Gnf� I c�
r),6 3 y-l.h (,1,x.,`1 C�/f;'�/ :�i/I`. I(i�r. ) /1i,�1 I PI ,r ri -
ST. ANTHONY FIRE DPPARTIMIT
MONTHLY REPORT
COMPAx7r
RUN D,,TE TIME LOCATION LOSS REMARKS AT FIRST SPECIAL COftPAN
FIRES AID DUTY INSPT
1'0• HRS IMIN FIRS HIN HRS IMIN HRS I
,;?6 y y- ov oZ ao `Tc.v1
(
�1 -a T y yra C C S U P1 C .
�6 y 0 asa S- yc� Op �7
oD jT
160
CA-f J-IrktA— _ Pr-i �t�Gk�'v.1r��►c i N 5P6c;r,C?,3 `I 30
2-1-S 1330 SI-tCV? C-�l 1 c)U
2-1 b y-Lq w� wash of-
10460 FIR Sa,r,.L-
i —
oZ78 4f P,�
:S j/-2 S0 uC7L Lk Md— �,�vrcac LAr 1A(f I3bcj2LS•T `1l
SALES SUMMARY APRIL 1988
Store One Store Two
Combined On Sale Off Sale On Sale Off Sale
Sales - April 188 313,381.99 69,464.41 103,654.62 16,037.92 124,225.04
Sales - April '87 302,856.77 29,739.96 126,728.84 - 18,996.39 127,391.58
Increase $ 10,525.22 39,724.45 23,074.22* 2,958.47* 3,166.54*
Increase % 3.48% 133.58% 18.210* 15:58%* 2.49%*
Sales - 4 Mos. '88 1,105,447.55 247,617.90 348,799.26 66,688.97 442,341.42
Sales - 4 Mos. 187 1,092.221.14 115,139.27 445,136.37 . 79,810.05 452,135.45
Increase $ 13,226.41 132,478.63 96,337.11* 13,121.08* 9,794.03*
Increase % 1.220 115.07% 21.65%* 16.45%* 2.17%*
* Decrease
ST. ANTHONY./NEW BRIGHTON C .H .E .M . COUNCIL
The Chemical Health Environmental Management Council of
Saint Anthony& Ney Brighton
• COMMITTEE MEETING
April 19, 1988 _
ATTENDANCE: Jack Baker Dorothy Fleming Shelley Freeman
Jack Griffin Rita Holmes George Marks
John Pugleasa Michelene Verlautz
Guests: SAV Officer Dominic Cotroneo
Sgt.. Michael Ganley, Mpls. Police Dept.
CALL TO ORDER: The St. Anthony/New.Brighton C.H.E.M. Council meeting
- met on April .19, _19:88 at SAV Middle School.. The meet-
ing was called to order at.7:,'0 p.m.by the president, John
Pugleasa.
MINUTES: The minutes of the March 15, 1988 meeting were
approved.
TREASURER'S REPORT: The Treasurer was unable to attend.
• OLD BUSINESS: John reported that the CHEM-Council officers have
completed their visits to the St. Anthony and New
Brighton City Councils and District 282 School Board.
Our minutes should also be sent to New Brighton Council.
The Omnibus Insurance Bill, SF 1845, (Senators Luther
and Peterson) did not pass this legislative session. Jack
Baker suggested.separating the segments of the Bill that
effect chemical dependency. John will call Evelyn
Holthus.to ask for recommendations on which areas of the
bill to isolate for neat session.
A letter was sent from the CHEM Council to SAV City
Council and Planning Commission members about the
"Malt Shop" venture presented to us last month by Mike
Bonaventura. The letter said that we had no objections.
BYLAWS: CHEM Council members are asked to review the enclosed
bylaws for the next meeting.
•
t1hAL1 H VAix: members who participated in the Health Fair at Apache
Plaza suggested having a gimmick to attract_ people to our
table.
TEEN HEALTH CENTER: Michelene Verlautz reported that there is a Teen
Health Center proposed for Har Mar Mall. More
information on this will be provided to members of our
committee.
i
FOUNDATION: Jack Baker obtained information from the Heart
Foundation regarding the establishment of a foundation
that would pay for treatment costs of eligible people
within our community.
D.A.R.E.: A presentation on the D.A.R.E. (Drug Abuse Resistance
Education) program was given by Sgt. Michael Ganley who has been with the
Minneapolis Police Department for 18 years. Sgt. Ganley was recipient of
the 1987 V.F.W. J.Edgar Hoover Award by the National Council of
Administration of the V.F.W. Presently he devotes full-time to the D.A.R.E.
program to keep drugs away from kids. Officers are trained in Los Angeles
for two weeks and return to their local school to give 17 weeks of one-hour-
per-week instruction to (usually) 5th and 6th graders.
CHEM Council members were impressed with the program. John and Shelley •
Freeman will do follow-up. One problem for having the program is
manpower because St. Anthony Village has seven officers. The question was
raised about obtaining funds for the program. CHEM members agreed it
would be good to lobby the state for support of this program statewide.
NEXT MEETING: SAV Middle School; Tuesday, May 17, at 7:30 p.m.
If you cannot attend please call Dorothy, 781-0361.
Approved: Prepared by Dorothy Fleming,
Secretary
P.S. The "Malt Shop" proposal passed the St. Anthony City Council
and Mike Bonaventura has plans to open in May of this year!
• THE CHEMICAL HEALTH ENVIRONMENTAL MANAGEMENT COUNCIL OF
SAINT ANTHONY AND NEW BRIGHTON
By-Laws
1.0 MISSION
iA The mission of the Chemical Health Environmental Management Council is
to promote chemical wellness and to alleviate problems caused by chemical
dependency and abuse in the communities of Saint Anthony and New Brighton.
CHEM does not operate programs, but works with individuals and groups to explore
and examine the chemical health system, suggesting changes in policies and
procedures, and proposing new programs where needed.
2.0 MEMBERSHIP
2.1 The Council's membership shall consist of people who live or work in the
communities of Saint Anthony and New Brighton, and are concerned about chemical
health issues. Local governments and school boards in this area are encouraged to
appoint members to represent them on the Council. Membership shall consist of
not less than five, and no more than fifteen members.
3.0 OFFICERS
3.1 The Council shall elect from its body, a President, Vice President,
Secretary, and Treasurer. Officers shall be elected at the first meeting of each
calendar year and shall serve until the first meeting of the next calendar year. No
officer shall serve more than two terms in the same office in succession.
3.2 The President shall preside at all meetings of the council, and will be its
principal representative. The President may prepare agendas for meetings, call
special meetings, and appoint any committees that are necessary to manage the
Council or to fulfill its mission.
3.3 The Vice President shall assist the President, and will fulfill the duties of
the President in his absence. If the Presidency if vacated for any reason, the Vice
President shall become President for the remainder of the term.
3.4 The Secretary shall Keep the minutes fo all official Council meetings,
maintain its outside correspondence, and notify members regarding the time, date
and location of future meetings.
3.5 The Treasurer shall maintain records of all financial transactions, keep the
checkbook to date, and on report the financial status of the Council at each
meeting.
3.6 Vacancies of posts other than the Presidency shall be filled for the
remainder of the term by election at the next regular meeting. The President will
be succeeded by the Vice President for the remainder of the term.
'C
4.0 COMMITTEES •
4.1 The Council may appoint special committees to carry out its mission and to
complete its organizational business. These committees shall serve at the
pleasure of the Council, and can be dissolved by them at any time.
5.0 FINANCES
5.i The Treasurer shall deposit the Council's funds at a bank chosen by the
Council. All checks must be signed by at least two officers, who signatures shall
be on record with the bank.
5.2 An audit committee will be appointed at the annual meeting, and will be
responsible for examining the financial records of the Council. No member with the
power to sign checks may serve on this committee.
5.3 The Council shall not engage in any fund raising or grant writing without
the.approval of a majority of its members.
6.0 MEETINGS
6.1 Regular meetings will be held on the third Tuesday of each month at a time
and place chosen by the Council. The President may call special meeting when
urgent business makes it prudent to do so. •
6.2 For purposes of these by-laws, the first meeting of the calendar year will
be the Annual Meeting, at which officers are elected and an audit committee
appointed. Other business may be transacted as needed.
7.0 DISSOLUTION
7A The Council May be dissolved by a vote of two thirds of the members.
7.2 Upon dissolution, all assets of the Council will be dispersed in accordance
with state law.
8.0 AMENDMENTS
8.1 The by-laws may be amended by a vote of two-thirds of the Council.
8.2 Amendments may not be voted upon at the meeting in which they are
proposed, but is seconded, must be reported in the minutes and voted upon at the
next regular meeting.
•
MEMORANDUM
•
DATE: April 20 , 1988
TO: David. Childs, City Manager
Department Heads
FROM: . Carol Johnson
ITEM: STAFF MEETING NOTES - MAY 3 , 1988
The staff meeting began at 10 : 02 A.M. Present were Dave Childs,
Lee Entner, Don Hickerson, Larry Hamer, and Carol Johnson. Ray
Nelson and Connie Kroeplin were 'absent. - - --
Larry Hamer
1 . The City-wide Clean Up Day held on Saturday was a huge suc-
cess. This effort was held in conjunction with Waste Man-
agement-Blaine. A letter from the City will be sent to
that company commending them on the excellent job done by
them.
2 . Approximately 12. persons signed up for the branch chipping
• program this year.
3 . ' Street sweeping is now complete (about 30 days ahead of
schedule) .
4. The electric motor for Well #5 is in.
Carol Johnson
1. Two meetings with computer software companies will be held
this week. The Senior Accountant, License/Billing Clerk,
and City Manager will be shown the water/sewer billing
software.
2. Demonstrations on the new voting machines are still on hold
due to software problems. The machines will not be ready
for Tuesday night' s Open House at' the Administrative
Offices. The booths and ballot boxes have been delivered
already.
3 . Stu Bonniwell, the City Auditor, is at the City Offices
this month working on the 1987. audit. It should be com-
pleted by the end of May.
The staff all indicated the Volunteer Appreciation Dinner at the
• Stonehouse-Mannings Restaurant Sunday evening was enjoyable and
the food very good.
Lee Entner
1. The Haz-Mat vehicle will be available for the Fire Depart- •
ment' s Thursday night Open House.
Don Hickerson
1. The new squad is in service.
2. The oral board interviews for seven applicants will be held
on Thursday night, May 5th.
3. The Police Department held its Open House last night and
ten people were given a tour of the offices.
Dave Childs
1. University of Minnesota student Bob Yurik has been hired
as a summer intern to assist Mr. Childs from June 8th to
mid-August. Mr. Yurek' s major is political science with a
minor in economics. He comes from Cleveland, Ohio and is a
defensive end on the Gopher football team.
2. The City Attorney is drafting an agreement between the City
and School District regarding the purchase of the Parkview
facility by the City.
3. The contractor for construction on St. Anthony Boulevard is •
ready to begin work on the project as soon as the paperwork
can be completed.
4. The vestibule in front of Mickey D' s Restaurant is still in
violation of City codes and the owner will again be notified
of the violation.
The meeting adjourned at 11: 15 A.M.
:cjk
•
•
May 2, 1988
Mr. Dave Childs, City Manager
City of St.Anthony
3301 Silver Lake Road
_ St.- Anthony, M-innesot-a-, 55418
Dear Mr. Childs:
I am interested in volunteering for the vacancy on the East Side Hennepin
County Human Services Advisory Committee.
We have lived in St. Anthony for twenty four years . The past seventeen
years , I worked for the .Department of Labor & Industry, Occupational Safety
and Health Division, as an administrative staff position. Prior to that,
I worked at Honeywell Aero Division as a senior development engineer,
• The past two years , I have done volunteer income tax assistance (VITA) at
several locations , such as Merriam Park and Phyllis Wheatley Community
Centers.
I appreciate your consideration for this position,
Sincerely,
Maurice D. Ruch
3113 Townview Ave. N. E.
Minneapolis, Minnesota 55418
781-2121
. ain tho u HE e
DATE : A P PROV
April 26, 1988
Mayor and Councilmembers
F ROM VI
Larry Hamer Public Works Director
QUOTATIONS FOR ROAD MATERIALS
Blacktop (per ton) Midwest Asphalt Shifsky & Sons
Item A, fine mix, FOB St. Anthony '$2-1.65- $-26.00
pick up $18.90 $22.00
Item B, AC course mix, FOB St. Anthony $21.46 $25.50
pick up $18.71 $21.50
Item C, MC fine mix, FOB St. Anthony $25.15 $26.00
pick up $22.40 $22.00
Item D, MC course mix, FOB St. Anthony $24.96 $25.50
pick up $22.21 $26.50
Aggregate (per ton) Barton Sand & Gravel
Item 1, sand, FOB St. Anthony $ 3.99
pick up $ 2.25
Item 2, Class 5, FOB St. Anthony $ 5.00
pick up $ 2.90
Item 3, RC 800 No quotation
Oil , RC- 800 (per gallon) Koch Materials Co.
FOB St. Anthony $ 0.8236
Pick up $ 0.80
Concrete (per yard) Flittie Redi Mix Wyatt Bros. Inc.
FOB St. Anthony $49.50 $50.15 (with
5% discount
if paid by
10th of the
month)
I recommend that the award be made on the lowest quotation. The concrete quotation, I
recommend that the award be'made to Wyatt on the basis of being low with the 5%
discount.
ATr
��il r-OC
r
• M E M O R A N D U M
TO: North Suburban Cable Communications Commission
Burnsville/Eagan Cable Communications Commission
North Central Suburban Cable Communications
Commission
Quad Cities Cable Communications Commission
FROM: Thomas D. Creighton
DATE: March 30, 1988
RE: Adult Programming/North Central Cable Company's
Channel 34
I . INTRODUCTION
You have requested a legal opinion regarding the Commis-
sion and its member municipality ' s regulatory authority
regarding Cable TV North Central ' s offering of adult pro-
gramming on cable channel 34 . Below please find an analysis
of the facts, a summary of the law as it relates to this
issue, any legal conclusion regarding the regulatory author-
ity, and alternate courses of action for the Commission and
its member cities.
II . FACTS
Cable TV North Central ( the "Company" ) is the provider
of cable service to subscribers in your various municipal-
ities. The Company has modified its program offering to
include adult programming on cable channel 34. The program-
ming has been characterized as obscene, indecent, or other-
wise pornographic by individuals communicating with your
cities . The Company characterizes the programming as adult
programming or "soft erotica" . The programming is not x-
rated, simply because it has not been submitted to the
rating boards of the motion picture industry since the pro-
gramming is not shown in public theaters.
The Company offers the adult programming on a pay-per-
view basis.. The programming is only offered after 10:30
p.m. The adult programs are "scrambled" both in audio and
video by the converter box at the subscriber terminal .
Additionally, subscribers are provided with a lock-out key
• which will prevent that programming from being received on
the converter . For those few subscribers who connect their
cable directly to a cable-ready set (a process which is
difficult since the cable channels are not the same as the
Memorandum
March 30, 1988 •
Page 2
television channels) , the video signal is scrambled but the
audio is not . Any subscriber who wishes not to have the
programming enter their home is provided, free of charge,
with filters to connect to the cable line so that the pro-
gramming never reaches the television set or the con-
verter . It is apparently disputed as to whether these
filters adequately filter out the adult programming on cable
channel 34 . Those subscribers with converters who do not
order the adult programming are provided with programming
which promotes the other offerings of cable channel 34.
The Company has informed the cities that of its 66,000
cable subscribers, they have received only a limited number
of complaints regarding the service. They have also re-
ceived complaints that the programming is not "adult
enough The programming is one of the highest requested
pay-per-view services of the Company.
The major opponent from the community of the adult pro-
gramming is a group entitled Clean-Up Project which alleges •
that the local cable television operator is distributing
pornography. This organization is apparently based in St .
Paul and is not a constituent of any of the member munici-
palities nor is it a subscriber to the Company. Clean-Up
Project has not provided me with a membership list or an
explanation of its membership structure. Representatives of
Clean-Up Project have apparently, however, viewed tapes of
the adult programming in question.
The Company argues that not only is its right to offer
such programming protected by the First Amendment to the
United States Constitution (as allegedly is the subscriber ' s
right to view such programming) , but Cable TV North Central
has also stressed the various steps it has taken, listed
above, to provide the programming only to those who request
it, and to protect the programming from receipt by unwilling
or unauthorized viewers, particularly children. While some
individuals appearing before your various Commissions .have
alleged a breakdown in these security procedures, no facts
have been presented to me such that I can conclude one way
or the other regarding the quality of these security proce-
dures.
III . LEGAL ANALYSIS •
Your cable television franchises expressly provide that
the Company shall not cablecast any programming which would
be considered, in the sole opinion of the city, to be x-
4
Memorandum
March 30, 1988
Page 3
rated or pornographic. (The Quad Cities franchise does not
include this specific language, but there is general lan-
guage regarding the control of programming content.) The
contracts state that the city has the authority to determine
which pornographic programs offend the standards of decency
of the city.
The Federal Cable Communications Policy Act of 1984
provides at Section 624 (d) :
(d) ( 1) Nothing in this title shall be con-
strued as prohibiting the franchising author-
ity and the cable operator from specifying, in
a franchise or renewal thereof, that certain
cable services shall not be provided or shall
be provided subject to conditions, if such
cable services are obscene or are otherwise
unprotected by the Constitution of the United
• States. (Emphasis added) .
( 2) (A) In order to restrict the viewing of
programming which is obscene or indecent, upon
the request of a subscriber , a cable operator
shall provide (by sale or lease) a device by
which the subscriber can prohibit viewing of a
particular cable service during periods
selected by that subscriber.
The Constitution of the United States provides in the
First Amendment that the rights of freedom of speech and
freedom of expression shall be protected by the United
States Constitution and not restricted by local, state, or
federal governments. However , obscene material is not pro-
tected by the First Amendment.
While newspapers and magazines are broadly protected by
the First Amendment and have relatively unrestricted author-
ity to print whatever they choose, broadcasting mediums are
not so protected. In the .broadcast area, the Supreme Court
has consistently held that reasonable public interest regu-
lation of broadcasters does not violate the broadcasters'
First Amendment rights.
• For the purposes of any First Amendment analysis of
cable regulation, a key issue is whether cable systems
should be treated more like newspapers or more like broad-
casters, and to what extent factors unique to cable systems
should be considered in balancing the appropriate First
� 1
Memorandum •
March 30, 1988
Page 4
Amendment considerations . No Supreme Court case has yet to
rule on the extent to which the regulation of indecent or
pornographic material on cable television is permissible
under the First Amendment . It is likely that standards will
be developed by courts in the next few years as more of-
these issues are litigated.
IV. OBSCENITY
As stated above, obscene speech is not protected by the
United States Constitution. The Federal Cable Communica-
tions Policy Act of 1984 prohibits "obscene" programming.
In Section 639 of the Act it is stated:
Whoever transmits over any cable system any
matter which is obscene or otherwise unpro-
tected by the Constitution of the United
States shall be fined not more than $10,000 or
imprisoned not more than two years, or both. •
While this section clearly prohibits transmission of obscene
materials over cable systems , it is not clear how it would
affect indecent and similar material . This becomes a par-
ticularly difficult discussion when one looks at the Supreme
Court ' s three-part test to determine whether material is
obscene. In Miller v. California, 413 U.S. 15 (1973) , the
court established a three-part test to determine whether
material is obscene:
(a) Whether the average person, applying
contemporary community standards, would find
that the work, taken as a whole, appeals to
the prurient interest;
(b) whether the work depicts or describes, in
a patently offensive way, sexual contact
specifically defined by the applicable state
law; and
(c) whether the work taken as a whole lacks
serious literary, artistic, political, or
scientific value.
413 U.S. at 24. •
All three factors must be present for material to be
ruled to be obscene. To the best of my knowledge, the
United States Supreme Court has never found material to be
obscene using the Miller court standards.
• Memorandum
March 30 , 1988
Page 5
Further, the determination of obscene material must be
made on a case-by-case basis . In other words, the city
could not merely forbid the transmitting of channel 34 or
adult programming in general , but each work would have to be
reviewed by the decision-makers to determine whether, in
their opinion, the work was obscene.
Since the Company could sue and request a judicial in-
terpretation as to whether a work is "obscene" , the cities
could have a major constitutional legal challenge on their
hands regarding each work offered on cable channel 34.
Your franchises refer to the exclusion of pornographic
material (a lower standard than "obscene" ) . The Federal
Communications Policy Act does not explicitly authorize a
franchising authority to regulate material which is porno-
graphic, however , it does permit the regulation of porno-
graphic material in the 'franchise agreement in. the event
that such pornographic material , like obscene material, is
determined to be not protected by the Constitution and pro-
vided over the cable system. Section 624 (d) (1) . The prob-
lem with this Section is that it permits a franchising
authority to regulate the carriage of pornographic material ,
provided that such regulation of pornographic material is
subsequently found to be constitutionally permissible by a
court of law. Assuming that a court of law would apply the
Miller test , it is highly improbable that any such attempt
at regulation would be upheld.
The Senate Report accompanying an early version of
Senate Bill 66, a precursor to the Cable Communications
Policy Act of 1984 , suggests that "the Imposition of sanc-
tions for the determination of a breach of the franchise in
the absence of a judicial determination that particular
speech was obscene or otherwise unprotected by the Constitu-
tion, " was not permitted. S. Rep. No. 98-67 , 98 Con. , 1st
Sess. 25 (1983) . However, similar language was not included
in the House Report and is therefore not definitive legisla-
tive history for the Act . It does indicate that there was
discussion regarding the prior restraint of otherwise pro-
tected "speech" , and a representative of the Company could
argue that, absent a prior judicial determination as to the
protection of pornographic material by the Constitution, a
local authority could not regulate that material.
Memorandum •
March 30 , 1988
Page 6
V. COURT HISTORY REGARDING LOCAL ORDINANCES ON OBSCENITY
Even though the attempt to regulate adult programming
would in all probability not survive constitutional First
Amendment scrutiny, some local officials have asked whether
they could enforce their local franchise ordinances in which
the Company has agreed not to cable cast pornographic pro-
gramming . Local ordinances which have been drafted to pre-
vent obscene or indecent cable programming have not survived
scrutiny by the courts. Roy City, Utah, had passed an ordi-
nance which permitted the revocation of cable franchise
permits or the imposing of fines for "knowingly distrib-
uting] any pornographic or indecent material as defined by
law or in violation of the community standards. " In Com-
munity Television of Utah v. Roy City, 555 F. Supp. 1164 (D.
Utah 1984 ) , the court held the Roy City ordinance to be
unconstitutional. The Roy City court distinguished between
broadcast television and cable television. The court stated
that cable signals are "invited" into the home while broad- •
cast signals are not . The court stated that broadcast tele-
vision is pervasive because its medium, the air , is perva-
sive. Transmission by wire is not . " Roy City at 1169.
The United States District Court for the Southern Dis-
trict of Florida enjoined the City of Miami from enforcing
its ordinance which prohibited the distribution of indecent
material over cable television. The City was also enjoined
from implementing procedures established to enforce this
prohibition. In Cruz v. Ferre 571 F. Supp. 125 (S.D. Fla.
1983) , the court held the city ordinance to be unconstitu-
tional since the provisions of the ordinance which tried to
regulate indecent material exceeded permissible limits for
the regulation of obscenity as set forth by the Supreme
Court in Miller v. California . Again the court relied on
the ability of the consumer to control whether or not they
chose to receive cable television signals.
Therefore, although the member cities could choose to
attempt to enforce their franchise ordinance, a court would
likely conclude that the enforcement of the ordinance in an
attempt to restrict the First Amendment rights of the Com-
pany would be unconstitutional and therefore impermissible.
•
t
,• Memorandum
March 30, 1988
Page 7
VI . OPTIONS AVAILABLE TO THE CABLE COMMISSION
AND MEMBER MUNICIPALITIES
Even though a court would likely reject the city's
attempt to regulate or prohibit the programming of channel
34, the city or the Cable Commissions could still take ac-
tion to express their displeasure with the Company. Below
please find a hierarchy of actions which the city could. take
from the less extreme (above the line) through actions which
would in all probability be held impermissible by a court .of
law ( listed below the line) .
The Cable Commission or the member cities could:
1. Take no action.
2 . Pass a resolution expressing the Commission' s or
city' s objection to such programming on channel 34 .
X3. 1 Pass a resolution expressing the Commission' s or
cit�p4 objection to such programming on channel 34, and
specifically request that the Company remove the adult pro-
gramming from cable channel 34 .
4 . Pass a resolution expressing the Commission' s or
city' s objection to such programming on channel 34, and
order the Company to remove the adult programming from cable
channel 34 ( if the Company chose not to comply with this
order , any attempt to sanction the Company would in all
probability be held impermissible by a court of law) .
5. Pass a resolution expressing the Commission's or
city' s objection to such programming on channel 34, and
order the Company to remove the programming from channel 34
within 15 days of written notification- or face the fines and
penalties provided for in the franchise. .
6. Pass a resolution expressing the Commission's or
city's objection to such programming on channel 34, and
order the Company to remove the programming or face termina-
tion procedures of the franchise for failure to comply with
• the franchise sections prohibiting x-rated or otherwise
pornographic material . (This step would not be available to
the Quad Cities Commission. )
Memorandum •
March 30, 1988
Page 8
Note that those steps below the line would in all proba-
bility be held by a court of law to be donstitutionally
impermissible.
If you have any questions, please feel free to contact
me.
TDC:ph
•
•