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HomeMy WebLinkAboutCC PACKET 11081988 Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 100621 Box: 18 Folder: CC PACKETS 1987-1989 Document: CC PACKET 11081988 • C 2 TY OF S T . ANTHONY C=TY COUN C 2 L AGENDA NOVEMBER 8 , 1 9 8 8 8 = 00 P . M . CITY COUN C I L C HAMB ERS A. Call to Order/Pledge of Allegiance. B. Roll Call. C. . Approval of October 25, 1988 Council Minutes. D. Licenses/Permits/Petitions. E. Presentation of Claims. 1. Short-Elliott-Hendrickson, Inc. - $1,101.29. 2. Briggs and Morgan - $18,449.23 . 3 . Dorsey & Whitney - $438.75. 4. Hance & LeVahn - $2,400.00. • F. Unfinished Business. 1. Salvation Army Camp, re: Design review. 2. Ordinance 1988-010, re: Mayor and Councilmembers sal- aries ( 3rd reading) . G. Reports. 1 . Council. 2. Departments and Committees. a. Hance & LeVahn, re: matters conducted at the Hennepin County District Court up to and in- cluding October 19, 1988. b. Liquor Operations Monthly Sales Summary - October, 1988 . C. Financial Monthly Summary - August, 1988. 3. City Manager. a. Staff Meeting Notes - November 1, 1988. b. Selection of Architect for St. Anthony Village Community Center Study. C. Discussion of Dates for 1989 Goal Setting Session. -2- H. Public Hearings. I. New Business. 1. Ordinance .1988-011 , re: charitable gambling (1st reading) . J. . Adjournment. :cjk • STAFF MEETING NOTES NOVEMER 1, 1988 The meeting began at 10:00 A.M. Those present were Connie Kroeplin, Sue VanderHeyden, Ray Nelson, Don Hickerson, Lee Entner, Larry Hamer, and Dave Childs. Sue VanderHey en 1. ' Ms. VanderHeyden has checked on the progress of the Village entrance sign. The sign company indicated the letters may be put on -the -sign onNovember18th. 2. There have been three appeals received from the Comparable Worth study - one each from police, fire, and public works. 3. The Affirmative Action Plan, which is due December 1st, is being worked on. Ray Nelson 1. The Council has taken the initial steps to authorize pull tabs at Apache Wells and the Stonehouse. • 2. When Mr. Childs asked about the liquor operation's uncollectible checks from the check cashing operation, Mr. Nelson indicated the City may still collect money from some of them (Advance United payroll checks) . The report will be presented at the November 22, 1988 Council meeting. Lee Entner I. Repairs and construction of the HVAC system at the fire station are on schedule, and the committee is working on the specs for the interior remodeling, the windows and exterior i finishes. Don Hickerson 1. There were only two incident calls on Halloween night; one was about a resident who was scaring the children and the other concerned small youngsters throwing berries at cars. The Police Chief noted that the Police Reserves were on duty that night. 2. One of the police candidates has been scheduled for his psychological test and the other will be scheduled soon thereafter. • 3. The Police Chief's convention in Portland, Oregon, focused mainly on the country's drug problems. He learned that in New -2- York City all criminals are tested for drugs and that 70% of them • test positive. There were also several good presentations on computers. Lar Hamer 1. Mr. Hamer is checking the accuracy of the Optiscan voting machines. 2. A new single family home is being constructed at 2813 Silver Lane. A variance has been applied for and the house is under construction with two sets of garage footings, with the smaller footings to be used if the variance is not approved. 3. The compost program is doing fine. 4. Mr. Hamer will attend the PERA meeting in Coon Rapids this week. The meeting will address retirement issues. 5. A letter will be sent out this week to residents on St. Anthony Boulevard giving them a choice of 3 types of hardy boulevard trees to replace those that have been removed. Dave Childs 1. Mr. Childs asked that the Department Heads let him know which weekends in January/February they would not be able to • attenda goal setting retreat. He will also be requesting this information from Councilmembers. 2. Mr. Childs talked a little about the recent Manager's conference in North Carolina which he found both enjoyable and informative. 3. The Alternative is the only tenant remaining to relocate out of the St. Anthony Shopping Center properties. 4. The City is still negotiating with the Army regarding the water contamination lawsuit. The meeting adjourned at 11:30 A.M. • C 2 TY OF S T . ANTHONY C 2 TY C OUN C= L M 2 N-UTE S OCTOBER 2S , L 9 8 8 1 The meeting was called to order at 7:30 P.M. by Mayor Sundland. 2 ROLL CALL 3 Present for roll call: Ranallo, Sundland, Enrooth, Makowske. 4 Absent: Marks (arrived at 8:00 P.M. ) . 5 Also present: Sue VanderHeyden, Assistant to the City Manager.. 6 William Soth, City Attorney 7 OCTOBER 11, 1988 COUNCIL MINUTES 8 Motion by Makowske, seconded by Enrooth to approve with the following 9 change: 10 Page 8, line 19: Substitute "month" for "week" at end of line. 11 LICENSES/PERMITSfPETITIONS 12 Motion by Ranallo, ,seconded by Enrooth to grant the following licenses as listed in the October 25, 1988 Council agenda packet: 14 Heating 15 Advance Mechanical Contractors 16 Dependable Heating & Air Conditioning, Inc. 17 Realistic Heating & Cooling, Inc. 18 Contractors 19 Steenes Shade Tree, Inc. , New Brighton 20 Tech Builders, Inc. , Fairmont, MN 21 Four Seasons Construction Co. , Spring Lake Park 22 Motor Vehicle Starting 23 Sroga, s Automotive Service 24 Motion carried unanimously. 25 CLAIMS 26 Motion by Ranallo, seconded by Makowske to approve payment of all liquor 27 accounts payable as listed for September 30th and October 11th in the 28 October 25th agenda packet. 2 1 Motion carried unanimously. • 2 Motion by Enrooth, seconded by Ranallo to approve payment of $8,616.00 3 to Crysteel Distributing, Inc. for the reversible plow which had been .4 approved by the Council August 23 , 1988. 5 Motion carried unanimously. 6 Motion by Makowske, seconded by Enrooth to approve payment of $3,240.00 7 to Calgon Corporation for work accomplished through September 30, 1988, 8 on the temporary granular activated carbon system installed in the City 9 wells. 10 Motion carried unanimously. it Motion by Makowske, seconded by Ranallo to approve payment of $1,202.02 12 to Rieke Carroll Muller Associates, Inc. for engineering services during 13 September, 1988, on the above water treatment facility. 14 Motion carried unanimously. 15 Motion by Enrooth, seconded by Sundland to approve payment of 16 $26,082.04 to the Metropolitan Waste Control Commission for sewer 17 services during October, 1988. 18 Motion carried unanimously. 19 REPORTS 20 PLANNING COMMISSION OCTOBER 18, 1988 MINUTES - COMMISSIONER BROWNELL 21 Council Approves Preliminary Plat for Evergreen Townhomes 22 Commission Recommendation 23 Commissioner Brownell reported the unanimous recommendation that the 24 Council approve the preliminary plat for the Evergreen Townhomes 25 project. The plat had been revised September 9th to include the 26 following changes from the original plat the developers had presented 27 when seeking Planning Commission and Council approval of rezoning 28 to an R-3 Townhouse classification April 19th and 26th. 29 *ten rather than eight buildings to accommodate the demand for end 30 units; 31 *repositioning of some of the buildings to accommodate those changes 32 and to provide the necessary 100 feet required for mortgage financing 33 between the structures and the railroad tracks; 34 *extension of the private secondary street running along the Soo Line 35 Railroad tracks which would make negotiated access easements possible 36 for the undeveloped properties to the south. • v 3 The Commission representative sent around the copy of the revised plat 2 the developers presented at the Commission hearing and pointed to the 3 second ponding area which they indicated the resiting of the buildings 4 allowed. The Commission's greatest concerns continued to be the 5 provision of a larger sideyard setback as well as vegetation screening 6 between Building #1 and the west property line and screening of the 7 railroad tracks from the project which the developers had assured would 8 be included in the Final Plat. 9 Proponents: 10 Vern Hoium, Evergreen President and Ursula Sheehy, Vice President and 11 marketing person. 12 When Ms. Sheehy indicated the marketing of the units was going very 13 well, Councilmember Ranallo told her that when the developers had moved 14 another -building so close to the unit he had reserved, he had decided 15 not to purchase that residence. 16 Mr. Hoium told Councilmember Makowske the developers planned to use 17 maintenance free vinyl siding on most of the exteriors and the only 18 brick which was planned would be decorative. 19 Councilmember Enrooth commented that he perceived the platting now 20 provided the type of project the. Council had wanted in the first place. Mayor .Sundland agreed, saying he perceived that by extending the street to the southern edge of their project, the developers were leaving open 23 the possibility of expanding the project into the undeveloped lots to 24 the south. 25 Staff Report: 26 A copy of the City Manager's October 10th memorandum to the Planning 27 Commission had been attached to other pieces of documentation which 28 had been provided the Commissioners in their October 19th agenda packet. .29 Mr. Soth suggested the Council plat approval state. that final plat 30 approval would depend upon a signed Redevelopment Agreemeht. 31 Ms. VanderHeyden confirmed that there was no need to reference the 32 location description to St. Anthony and that the notation of Ramsey . 33 County had been checked out as correct by the City Manager. 34 Council Action 35 Motion by Enrooth, seconded by Makowske to approve the revised Prelimi- 36 nary Plat dated September 9, 1988, for the 37 unit townhome, project 37 proposed to be constructed by the Evergreen Development Corporation on 38 the parcel legally described as Lots 1, 2, and 3 , Block 4, Mounds View 39 Acres, Ramsey County, MN and Block 2, Mounds View Acres, Ramsey County, �0 MN generally described -as vacant parcel 4.85 acres in size, located east r 4 1 of Fordham Drive, south of Silver Lane and west of the Soo Line • 2 Railroad tracks. As recommended by the Planning Commission, the Council 3 conditioned the plat approval on: 4 1. Detailed plans from the developer to include (a) screening rather than 5 berming along the railroad tracks, (b) provision of no less than a 15 6 foot sideyard setback as well as trees and shrubbery. along the west 7 property line adjacent to Building #1, and (c) location identification 8 of the two ponding areas proposed by the developer in the Final Plat. 9 2. Drainage subject to City engineering approval. 10 3. Final Plat approval depending on a signed Redevelopment Agreement 11 with Evergreen Development. 12 In approving the Preliminary Plat, the Council acknowledges the 13 develo er's offer to negotiate a shared cost access easement over the 14a� � closest to the railroad tracks for future development of Lot 5, 15 V1lella Subdivision. 16 Motion carried unanimously. 17 Vote on Minnesota Scientific Permit Extension Delayed for Councilmember 18 Marks' Arrival 19 The Council had imposed an October 31st deadline on the company's use 20 of a mobile trailer for an office during their August 25, 1987 meeting 21 and the Planning Commission had held a public hearing on the extension 22 of that permit during their October 19th meeting. 23 Commissioner Brownell explained that the unanimous Commission recommen- 24 dation that the Council grant the requested extension had been predi- 25 cated on the Minnesota Scientific President, Bruce LeVahn's testimony 26 that it had taken 6 months to negotiate the lease with the Donatelle 27 Company for new office facilities in one of their buildings in New 28 Brighton which would not be ready for occupancy until sometime in March. 29 The Commission representative assured Mayor Sundland that the Commission 30 recommendation had also anticipated that the mobile trailer facility 31 would be removed whenever the firm vacated its St. Anthony location. 32. He also indicated all the rest of the conditions the Council had imposed 33 on the permit in 1987 would. remain in force until that time. 34 The Council agenda packet included copies of the City Manager's October .35 14th memorandum to the Commissioners, pertinent 1987 Commission and . 36 Council minutes, and the September 19, 1988 - letter from Michael 37 Donatelle of Donatelle Properties requesting the deadline extension.. 38 Councilmember Enrooth noted that the fears expressed by both the 39 Commission and Councilmembers in 1987 that the. trailer would not be gone 40 even by December had certainly come true. Councilmember Makowske 41 indicated she continued to oppose an add-on to this property for which 42 she perceived Minnesota Scientific was deriving value which they n ✓ 5 weren't paying for in property taxes. She said she thought the trailer gave a "tacky look to the City" and only proved her first conclusion 3 that "such facilities never come down once they're allowed. " 4 Councilmember Enrooth agreed that this was just another instance of deja . 5 vu where businesses "once they get one of these facilities up try to 6 stretch their use as long as they can because they are an extremely 7 economical form of rent. " 8 Councilmember Ranallo indicated he perceived the trailer had already 9 been in use for more than a year and "a few more months can't make that 10 much difference. " Mayor Sundland said he was somewhat of the same 11 opinion, but thought the City ought to take a more active role in 12 assuring that the facility is removed by April 1st. He warned Mike 13 Donatelle and Bob Olson of Minnesota Scientific who were present, that 14 "the Council would probably not look with favor on any further exten- 15 sions of the deadline. " He then invited their comments. 16 Mr. Donatelle, who was accompanied by his brother, Charles, took full 17 .responsibility for overlooking the deadline date saying it had just 18 been an oversight on their part not to have approached the City sooner 19 about an extension. He said he had never realized that not doing so 20 would create so many problems for his tenants. The Donatelle Properties 21 spokesman assured the Council that the temporary facility "would be down 22 'by April 1st, or even before that date." 4VMr. Olson told the Council the trailer had not really been the 4 convenience they thought for his company because with no water connec- 25 tions in the trailer, the salesmen who worked there had to go to. the 26 main building to use the restroom facilities. He said his firm had made 27 a thorough search of the area for office space and the Donatelle 28 building in New Brighton was the only one which had space which met 29 their needs. The Minnesota Scientific representative indicated he was 30 certain the "New Brighton space would be available at the latest by 31 April 1st. " 32 Mayor Sundland indicated he perceived an even split on the Council, on 33 the issue and with the concurrence of the proponents, deferred official 34 action on the extension until Councilmember Marks arrived and a full 35 vote of- the Council was possible. 36 Absence of Building Plans Causes Council to Give Only Conceptual 37 AMroval to Salvation AM's Plans for Upgrading Silver Lake Cg= 38 Because the was no one present from the Salvation Army, Commissioner 39 Brownell drew the Council's attention to Pages 10 and it of the 40 Commission minutes where the discussions with the Camp Manager and 41 Colonel Smith of the Salvation Army were reported along with the 42 Commissioners' unanimous recommendation that .the Council approve the 43 Master Plan which"would bring Silver Lake Camp into the 20th Century." 44 He reported that new administration and maintenance/garage buildings were proposed to be constructed at this time - and pointed out that the 6 1 exteriors of both buildings differed from the way they were portrayed • 2 in the drawings and plans attached to the City Manager's October 14th 3 memorandum in the Council agenda packet. The proponents had indicated 4 that instead of the metal exterior those plans indicated for the 5 maintenance facility, the structure would be built with a rough cedar 6 siding which would fit in better with its natural setting. The 7 Commissioner told the Councilmembers that although the plans gave the 8 impression the new administration building would be constructed of logs 9 and beams, the camp manager had told the Commissioners that the building 10 exterior would also be constructed with rough cedar siding with the 11 addition of natural rock found at the site. Commissioner Brownell 12 reported the Commissioners had welcomed these changes, perceiving those 13 structures would better match the natural environment of the camp site. 14 Mr. Soth confirmed that under the Recreational and Open Space zoning 15 classification, the Council was required not only to approve the long 16 range plans for the camp but also the exteriors and design of new 17 structures which differed from what would be required for other zoning 18 classifications. The City Attorney pointed out the necessity for having 19 actual building plans in the City files and concurred with the con- 20 clusion that a formal indication of conceptual approval would allow the 21 camp managers to go ahead with the proposed road reconstruction under 22 City supervision in advance of a formal presentation of detailed 23 building plans for the two new buildings by Salvation Army representa- 24 tives at the next Council meeting. 25 Council Action 26 Motion by Enrooth, seconded by Ranallo to conditionally approve the ' 27 concept promoted by the Salvation Army's Master Plan for the Silver 28 Lake Camp, 2950 West County Road E, and to request a formal presenta- 29 tion at a later date, preferably the next Council meeting, of the 30 detailed building plans for the two buildings proposed to be constructed 31 at this time. 32 Motion carried unanimously. 33 Minnesota Scientific Granted Deadline Extension by a 3 to 2 Vote 34 Having been informed that the Council had waited for him to break the 35 tie on the above request, Councilmember Marks indicated he perceived he 36 had enough information from the Commission minutes to vote on the 37 issue without knowing the specifics of the informal poll which had 38 been taken earlier in the meeting. 39 - Council Action 40 Motion by Sundland, seconded by Marks to extend the deadline for special 41 use permit .#14-87, which allowed the temporary office trailer facility 42 in conjunction with Minnesota Scientific's business at 3839 Chandler 43 Drive, to April 1, 1989, with the understanding that no further 44 extensions would be allowed. 7 Voting on the motion: 2 Aye: Sundland, Marks, Ranallo. 3 Nay: Enrooth, Makowske. 4 Motion carried. 5 REOUESTED PUBLIC APPEARANCE REGARDING CHARITABLE GAMBLING 6 Charitable Gambling Ordinance to be Rewritten with Lease Constraints on 7 Pull Tab 02eration 8 Proposal: 9 *by Dan Rraner, President of the St. Anthony Sports Boosters and Ren 10 Girard of the St. Anthony Lions Club; 11 *that the City Council amend the existing Charitable Gambling 12 Ordinance to allow charitable gambling within the City; 13 *that two licenses, be issued to the coalition formed by the Sports 14 Boosters, the Lions Club, and the St. Anthony Chamber of Commerce to 15 operate charitable gambling at the two City liquor operations (the 16 Stonehouse and Apache Wells bars) ; *that a waiver of the 60 day state mandated waiting period be granted to allow the charitable gambling to be operational by about December 1 , 19 1988. 20 Documentation in Agenda Packet . 21 >Copy of the presentation given orally by Mr. Kramer; 22 >preliminary projections of pull tab expenses and revenues; 23 >copy of the coalition's resolution establishing a Charitable 24 Gambling Committee with representation from all three organizations. . 25 Mr. Kramer told the Mayor the preliminary projections included some of 26 the work already done to structure a budget which is also mandated by 27 state law. . He also referred to the listing of projects for which the 28 various organizations had indicated they would be using their share of 29 the profits. 30 Staff Report: 31 The City Attorney indicated the state would issue the licenses for only 32 one year during which the City would be able to voice objections if it 33 is perceived nothing is being done tompro the license. When he 34 said the license could only be issued to one of the coalition members and that this organization had to meet the state's qualifications, Mr. 8 1 Kramer told him Terry Taylor, who was also present, had researched that • 2 requirement and found that the Sports Boosters, who would be making that 3 application, met all the requirements for holding such a license. 4 The City Attorney indicated the state required specific locations for 5 pull tab operations and those would be identified in the ordinance 6 amendment as the only locations within the City where intoxicating 7 beverages are authorized to be served. The only two locations in St. 8 Anthony which met that criteria would, of course, be -the two City - 9 operated bars because locations for which the City only issues 3 .2 beer 10 or wine licenses would not qualify. The state law allows the City to 11 lease out and charge rent for space in those two locations and Mr. Soth 12 said he perceived the lease mechanism was the only control the state 13 allowed the City for controlling gambling activities within its borders. 14 The lease would approve the agreement reached by the coalition and the 15 City Attorney said he perceived it would be necessary to 'have that 16 lease renewed every year the same as the license to maintain City 17 control over the gambling operations. 18 Councilmember Ranallo pointed out that the state also imposes restric- 19 tions on the lease by designating the amount of space which can be 20 devoted to charitable gambling in each location and the amount of rent 21 the City can charge for that space. He said the state also mandates 22 that expenses cannot exceed 45% of the profits. 23 Mayor Sundland then addressed the coalition's request that the 60 days 24 needed to amend a City ordinance be reduced to 30 days. He told the 25 proponents that he perceived the process the City had to follow to 26 amend the ordinance would use up all 60 days. He indicated City 27 statutes required three readings of the ordinance amendment at three 28 subsequent Council meetings after which the ordinance must be published 29 within 10 days. The Mayor pointed out that even if everything went 30 along like clockwork with the Council directing staff to prepare the 31 ordinance that evening for its first reading November 8th, the third 32 reading and adoption would only be possible at the Council's December 33 13th meeting, after which the ordinance has to be published within 10 34 days. Only then could a lease be executed and charitable gambling 35 instituted in' St. Anthony. 36 Mayor Sundland said the formation of the coalition had made the 37 acceptance of charitable gambling a lot easier for him but he thought 38 it should also be imperative that the process not be shortened because 39 the City ordinance -had been written to allow the Councilmembers enough 40 time to study the issues involved and to make any changes they deemed 41 necessary before the ordinance became law. The 60 days would also 42 give the community ample time to understand just . what the Council 43 intended to do. The Mayor then told the coalition representatives that 44 he couldn't recall any time except during a City emergency, when that 45 ordinance process had been suspended. 46 Councilmember- Makowske noted that the coalition had only proposed 47 conducting charitable gambling from 4:00 P.M. to closing on Thursday, 9 Friday, and Saturday and wondered what would prevent other organizations from applying to run their own operations Monday, Tuesday, and 3 Wednesday. She was told state law only allowed one license per location 4 and that the Sports Boosters, acting for the coalition, would hold the 5 only available City license. Mr. Kramer indicated that because of 6 their lack of experience in running this type of operation, the 7 coalition had decided to start conservatively at first but he was 8 certain the hours of operation would be expanded just as soon as it 9. became economically feasible to do so. The Sports Booster President 10 also assured her that the wording of the proposed resolution would be 11 amended. to indicate that it was the Sports Booster Administrative Vice 12 President who would be serving, with representatives of the other two 13 organizations, in the coalition of the Charitable Gambling Committee. 14 Mayor Sundland requested a copy of the revised resolution be forwarded 15 to the City and suggested copies of the coalition minutes might also 16 be. helpful. Councilmember Marks stated that he was very discouraged 17 that the organizations who were supporting pull tabs in St. Anthony had 18 done so because he perceived "any type of gambling, charitable or not, 19 was not in anybody's best interests" . He said he believed "gambling 20 was wrong and the business of government should not be to .encoiurage 21 people to do things which are wrong." The Councilmember indicated he 22 had personally opposed this project from the very start and would be 23 voting against anything associated with gambling or anything else which 24 he believed would be encouraging what he considers to be improper 25 activities for the City to be involved in. Councilmember Marks indicated he perceived the State of Minnesota had been to some degree "held hostage to charitable gambling" in recent years because the 28 legislature had passed laws which made funding for deserving organiza- 29 tions like the Greater Minnesota Corporation dependent upon gambling. 30. He reiterated that he was "appalled" that organizations which he 31 considered to be "good operations" would be promoting such activities. 32 Council Action 33 Motion by Ranallo, seconded by Sundland to direct staff and the City 34 Attorney to draw up an amendment to the Charitable Gambling Ordinance 35 which would allow charitable gambling in the two locations in the City 36 discussed during the October, 2.5, 1988 Council meeting. 37 Voting on the motion: 38 Aye: Ranallo, Sundland, Enrooth, Makowske. 39 Nay: Marks. 40 Motion carried. 41 Motion by Enrooth, seconded by Ranallo to authorize staff to prepare and - 42 begin negotiating a lease with the charitable gambling coalition in 43 ' accordance with Council direction during the above meeting. �4 Voting on the motion: 10 1 Aye: Enrooth, Ranallo, Sundland, Makowske. 2 Nay: Marks. 3 Motion carried. 4 Following the vote, Councilmember Makowske reiterated the concern she 5 had previously expressed that the community not allow charitable 6 gambling to take the place of what she considered to be a moral 7 obligation to give directly to charitable causes rather than through 8 charitable gambling. 9 REPORTS 10 COUNCIL t 11 Councilmember Makowske Reports Attendance at October Meeting of the 12 Ramsey County League of Local Governments 13 The Councilmember indicated a number of candidates for public office 14 from around the area had appeared at the meeting and, unfortunately, 15 those who appeared seemed to have adopted the same style of campaign as 16 is being waged in the federal senatorial and presidential races where 17 candidates have chosen to tear their opponents down rather than to 18 concentrate on their own good qualities. She said she had been 19 personally edified that campaigns in which she had been involved in the 20 past had been carried on in such a negative fashion, which she perceived 21 only tended to turn off the voters. 22 Because the candidates' presentations had taken up so much time, 23 Councilmember Makowske reported there had been no time left for a vote 24 on the various resolutions offered by the Legislative Committee which 25 had been deferred to the next RCLLG meeting. This left more time for 26 the other Councilmembers to study the information she had provided at 27 the last meeting and to give her direction on how she should vote on the 28 resolutions. 29. The Councilmember reported the RCLLG was going to give an award to the 30 agency the members, perceived was doing -the best job for their 31 communities she asked for suggestions for candidates for this award. 32 Historical Committee to Hold First Meeting Very Soon 33 Councilmember Makowske reported Ruth Harris would be joining her 34 committee. She also said she had recently met a man who had lived in .35 St. Anthony from 1921 to 1936 and had attended school at the Silver 36 Lake School, which was once located across 33rd from what is now the St. 37 Anthony Community Center. He had told the Councilmember he and about 38 twenty otherameft who had attended the same school met every six months. 39 and had what appeared could be a wealth of information related to the 40 City's history which he was willing to share with the Committee. When 41 Mayor Sundland suggested Robert Davies who was in his 70's and had lived 11 in St. Anthony all his life might have similar memories to share, Councilmember Makowske said the 29th Avenue resident had been contacted 3 and had indicated that although he would not be interested in serving 4 on the Committee, he would be glad to give them any other help he could. 5 Councilmember Makowske was given. permission to approach the City Manager 6 about storing all the materials the Committee receives in the City 7 vaults. Councilmember Marks told her that when the Girl Scouts were 8 preparing their historical cookbook, they found the township cemetery 9 records in the school district's vaults and he suggested there might 10 be room for some of the materials collected by the Councilmember's 11 committee to be stored in that vault as well. The name of Kenneth Lee, 12 another old time resident, was also offered as a potential Committee 13 member. 14 Misinformation About Purity of City Water Being Given Out by Water 15 Softener and Filter Companies �� 16 The Councilmember gndicated she had been g- '��-two see the article in the 17 last Sunday paper on drinking bottled water had been distressed to 18 find out first hand that .residents were being told that they were 19 drinking water which could harm their health. She said the flyer from 20 a local water softening company hung on her doorknob and a telephone 21 call from a salesman working for a water filter company had both given 22 the false impression that there were harmful elements in St. Anthony 23 water and she was afraid that, in spite of all the articles in the �4 newspapers and the Newsletter about the City's new carbon filter system, �- some residents might still be led to believe they needed to filter their 26 drinking water. 27 Councilmember Ranallo cautioned against saying all the claims were 28 "false advertising" , perceiving there might still be elements like lead 29 which comes from the pipes which the carbon system never reaches. 30 Councilmember Marks agreed that might be true, but said it was 31 certainly not accurate for any company to tell the residents there were 32 still TCE's in the water because those impurities had been removed from 33 the City's water. He suggested staff would know better which other 34 claims were incorrect. 35 Councilmember Makowske to Attend November 10th Northern Mayors Ass6cia- 36 tion Meeting 37 When none of the other Councilmembers indicated ability to attend the 38 meeting, the Councilmember said she thought someone from the City 39 should go since the City's membership in the Association didn't expire 40 until the end of the year and the Minneapolis/St. Paul Airport Task 41 Force study would be presented that evening. 42 Mayor ReRgrts Positive Approach in 63A State House Candidates Speeches 43 Mayor Sundland indicated he and his wife, Ardelle, had enjoyed a �4 wonderful two week vacation. He said he had been able to attend a 12 1 portion of the Candidates Meeting sponsored by the St. Anthony Chamber 2 of Commerce that day where candidates for the above office, Karen Bondy 3 and Mary Jo McGuire, had taken different approaches in their 4 presentations than those reported by Councilmember Makowske from other 5 Ramsey County candidates. The Mayor said these particular candidates 6 chose to discuss the issues rather than to talk about each other. 7 Former Resident Facilitator for League of Minnesota Cities Board Retreat 8 Councilmember Ranallo reported attendance at the above event the .9 previous Thursday, Friday and Saturday where John Mirocha, who- attended 10 school in St. Anthony and whose parents, Mr. and Mrs. Stan Mirocha 11 still reside on 29th Avenue N.E. , proved to be an able facilitator. 12 The Councilmember suggested Mr. Mirocha be kept in mind for the next 13 community event which requires a facilitator. 14 Councilmember Ranallo reported he and Barb Olsonoski, Apache Activity 15 Director, would be attending a seminar on floats November 12th to get 16 some ideas- for St. Anthony's float. 17 Assistant to City Manager Researching Band Shell for St Anthony 18 Councilmember Ranallo then asked Sue VanderHeyden to share information 19 she had received on the proposed facility. She reported meeting with 20 Carol Jensen of the St. Anthony Civic Orchestra who was very enthusias- 21 tic about the project and suggested the Roseville band shell (without 22 some of the amenities like retractable side walls) might be an excellent 23 model for the City facility. Ms. VanderHeyden indicated Carol was also 24 willing to help coordinate the effort with a 1990 summer festival and 25 to work on getting a grant for that activity. The Assistant to the City 26 Manager said Ms. Jensen didn't foresee any problems getting bands and 27 orchestras to play in the City facility. That reminded Councilmember 28 Marks to report that a former Chairman of the Board of the St. Anthony 29 Civic Orchestra, David Braslau, is an acoustics consultant who does the 30 acoustical designs for churches and synagogues as well as for the 31 Metropolitan Council and Metropolitan Airport Commission and had 32 expressed an interest in working on the project as well. 33 MayQr Conveys Greetings From Mayor of Sister City., Salo, Finland 34 Mayor Sundland reported receiving a phone call from the Mayor's wife, 35 Lena Linquist, whohad called to inquire about his wife's health and 36 who had requested he greet the rest of the Council for her. 37 Anoka ennepin Light Rail Study ReRgrted by Councilmember Marks 38 The Councilmember indicated he had attended another meeting of the 39 Anoka/Hennepin Light Rail Transit Intergovernmental Advisory Committee 40 the previous week where Committee members received further information 41 on how to route the corridor from more consultants. He indicated the 42 committee was now considering.routes over Central and University Avenues 43 to reach Northtown Shopping Center, which is the central bus transit r 13 hub -for the region. One of the primary points of discussion was the fact that Central Avenue passes through Columbia Heights' downtown area 3 and University through Fridley's. A compromise of the two interests 4 would run the corridor in a northwesterly direction from - Central to 5 University which appears to be the best solution from a ridership 6 viewpoint, but would be the most cost effective and would seem to have 7 the least impact when it came to land which must be taken. The impact 8 on Moore Lake also has to be given consideration. A Highway -10 corridor 9 which had been originally looked at would not have the ridership the 10 other corridors have, the Councilmember said. He added that any long it range plans to head up to Anoka were too many years away for serious 12 consideration at this time. The Councilmember said he considered the 13 study was moving along quite satisfactorily and promised to keep the 14 other Councilmembers informed about the Committee's progress. 15 Youth Service Bureau Activities and Attendance at International Trade 16 Luncheon Recounted by Councilmember Marks 17 The Councilmember indicated meetings of the Board of Directors of the 18 above continued to take a lot of his time. He explained his late 19 appearance at the meeting that evening as having resulted from his 20 appearance before the New Brighton Council to -seek their continued 21 support of the Bureau. Councilmember barks then announced that the 22 annual Youth Service Bureau Recognition Banquet would be held November 23 3rd and invited all the St. Anthony Councilmembers to attend and to 24 participate in the silent auction which would be part of the event. The Councilmember then reported attending a luncheon that day sponsored 26 by the City of Amsterdam, Holland, whose international trading 27 representatives in town seeking business with .local .firms. 28 School District Superintendent Seeks Joint School Board/Council Meeting 29 at November 12th Chamber of Commerce Fund Raiser 30 Mayor Sundland reported talking to Crystal Merriwether at a recent 31 Chamber of Commerce meeting where a Chamber activity at the Bel Rae 32 Ballroom was discussed. He said the District #282 Superintendent had 33 suggested the Council and School Board annual get-together might also 34 be held in conjunction with that dinner. There was general agreement 35 that it would be better for the Council and School Board to hold that 36 meeting in a more informal setting like the Salvation Army Retreat 37 Center where the Council had hosted last year's dinner. 38 DEPARTMENTS AND COPO4ITTEES REPORTS 39 The Hance & LeVahn report of cases they had prosecuted for the City in 40 the Hennepin County District Court up. toand including October 5th was 41 ordered filed as informational. 42 Councilmember Nakowske noted that the St. Anthony/New Brighton Chem 43 Council September 20th minutes had advocated expanding the City Police Department by at least one full time officer, which indicated to her 14 1 that the Committee was still unaware that had already been done. • 2 Councilmember Marks indicated that his inability to attend that meeting 3 accounted for the Chem Council's ignorance of that fact. Appreciation 4 of - reception of the minutes was expressed before they were ordered 5 filed. 6 CITY MANAGER REPORTS - SUE VANDERHEYDEN 7 Ms. VanderHeyden commented that she thought Connie Kroeplin, the City 8 Manager's Secretary is very thorough when recording the staff meeting 9 notes. 10 Sign Atop Restaurant Finally Down 11 Councilmember Marks reported he had called the City Manager to congratu- 12 late him and anyone else who was involved in the removal of the non- 13 conforming roof sign on the TA's Family Restaurant at 2905 Kenzie 14 Terrace after years of unsuccessful attempts to get what had always been 15 regarded as "a very ugly" sign taken down. 16 Council Disturbed by Report on Video Store Expansion 17 The Assistant to the City Manager reported staff had received an after- 18 the-fact request for a Conditional Use Permit for the unauthorized 19 expansion of the Video Update store at 2510 Kenzie Terrace, in which the 20 Planning Commission would be conducting a public hearing, November 15th. 21 She explained to Councilmember Enrooth that up until the day when the • 22 Public Works Director noticed that the store had put up a temporary sign 23 advertising a grand opening for the expansion, nobody from the City had 24 been aware that the, store had expanded into adjacent vacated space in 25 that center without the owner first applying for both the building and 26 conditional use permits which the City Ordinance requires for such 27 expansion. Mayor Sundland commented that he thought most business 28 owners knew they couldn't expand their business locations without first 29 seeking City approval. Ms. VanderHeyden indicated Mr. Hamer also 30 intended 'to seek out the contractor who had constructed the new space 31 without seeking a permit from the City. Councilmember Enrooth recalled 32 previous problems with Mr. Belisle, the store owner. 33 Welcome Extended to Proprietor of New Apache Restaurant 34 The Mayor asked Richard Kotula to introduce himself to the Council, 35 which he did by saying he had just moved from Hibbing into the residence 36 he just rented at 2542 Kenzie Terrace, which was in the ' same 37 neighborhood Council was discussing. Mr. Kotula said he had become 38 quite familiar with municipal ordinances through attendance at Council 39 meetings in Hibbing, where his uncle served as a Councilmember after 40 retiring from Prudential. 41 Mr. Kotula reported he and his partner in the Bachien Corporation had 42 leased the Coo Long Restaurant space in Apache Plaza, which he 43 anticipated would not need much remodeling, but only cleaning up before • 15 they could open for business, hopefully by December 1st. He said he was .very aware of the delinquent water bill the previous business had 3 left which he said would be taken care of within the next few days. 4 The restaurant owner indicated he would be running a "meat and potato 5 type" restaurant with mostly American style, . but some oriental, food 6 served and wanted sometime in the future to add beer and wine to the 7 menu to meet what he perceived to be Twin City diners' preferences in 8 restaurants. 9 Councilmember Ranallo indicated the Councilmembers' willingness to do 10 everything they could to make this a successful enterprise for both Mr. 11 Kotula and the City. 12 Mr. Kotula told Councilmember Makowske he had served as Chairman of the 13 St. Louis County Historical Society in Hibbing and would be more than 14 happy to continue his interests in Minnesota's history through St. 15 Anthony's Historical Committee. 16 NEW BUSINESS 17 Jeff Shea ARRginted to Represent St. Anthony Urban Hennepin County 18 Citizens Advisory Committee 19 Ms. VanderHeyden indicated Councilmember Makowske had suggested the 20 resume of the above resident, submitted when he had sought appointment to the Planning Commission, and certainly qualifying him for Council appointment, be considered. The Assistant to the City Manager reported 23 she had contacted Mr. Shea who was "very excited and willing to serve" 24 on this Committee. Councilmember Makowske recalled that when the 25. Council were interviewing the candidates for the Commission, Mr. Shea 26 had been one "who all the Councilmembers thought highly of." 27 Council Action 28 Motion by Ranallo, seconded by Marks to appoint Jeff Shea, 3121 Edward 29 Street N.E. to serve as St. Anthony's representative on the Urban 30 Hennepin County Citizens Advisory Committee. 31 Motion carried unanimously. 32 Separate Fund Established for City Community Center Operation 33 Motion by Ranallo, seconded by Marks to adopt Resolution 88-043. 34 RESOLUTION 88-043 35 A RESOLUTION ESTABLISHING A FUND FOR 36 COMMUNITY CENTER 37 Notion carried unanimously. 16 1 November 22nd Hearing Scheduled on Assessment of St Anthony Boulevard • 2 Project 3 Motion by Marks, seconded by Enrooth to adopt Resolution 88-044. 4 5 RESOLUTION 88-044 6 A RESOLUTION FOR HEARING ON 7 PROPOSED ASSESSMENT 8 Notion carried unanimously. 9 Mayor Sundland reported there was no further information to be discussed 10 that evening in conjunction with City's water contamination lawsuit with 11 the U.S. Army et al. 12 UNFINISHED BUSINESS 13 Second Reading Given Ordinance Giving City Officials Salary Increases 14 in December, 1989 15 Motion by Enrooth, seconded by Makowske to approve the second reading 16 of Ordinance 1988-010. 17 ORDINANCE 198.8-010 18 AN ORDINANCE RELATING TO MAYOR AND COUNCILMEMBER 19 SALARIES, AMENDING SECTION 12.5:00 OF THE 1973 20 CODE OF ORDINANCES BY ADDING A SECTION 21 Notion carried unanimously. 22 ADJOURNMENT 23 Motion by Marks, seconded -by Enrooth to adjourn the meeting at 9:10 24 P.M. for the St. Anthony Housing and Redevelopment Authority meeting 25 which followed immediately. 26 Motion carried unanimously. 27 Respectfully submitted, 28 Helen Crowe, Secretary 29 30 Mayor 31 City Clerk: INVOICE ENGINEERS I ARCWTECTS I PLANNERS • 222 EAST LITTLE CANADA ROAD,ST PAUL,MINNESOTA 55117 612 484.0272 October 11, 1988 City of St. Anthony 3301 Silver 'Lake -Road St. Anthony, MN 55418 FOSS ROAD ATTN: Larry Hamer, Director PUMPING STATION of Public Works INVOICE NO. 2914- SEH FILE NO. 883.85 , FOR PROFESSIONALSERVICES. FOR PERIOD AUGUST, 21 THRU SEPTEMBER 17, 1988 For Plans and Specifications and bidding services for replacement of Foss Road sewage pumping station. In accordance with Council authorization. Project Manager 6.0 hrs @ $65.75/hr = $394. 50 Technician 1.0. hr @ $49.78/hr = 49.78 Drafter 1.0 hr @ $21. 13/hr = 21. 13 Clerical 2. 5 hrs @ $22. 61/hr = 56.53 • Mileage 3.75 Reproductions 575. 60 $1, 101.29 TOTAL AMOUNT DUE AND PAYABLE THIS INVOICE . . . . . . . . $1, 101.29 PLANS AND SPECIFICATIONS ARE 100$ COMPLETE COUNTY OF RAMSEY,CITY OF SAINT PAUL Donald E. Lund In said County and Slate,being duty sworn,on oath,says, that he is - President f Shon4z-tllos-Hn,Ina..that the foregoing account ■ ' is just and true: services nen cha ed war y end of the value therein charged:aun BETTY J. ERWNE the fees or is era a avow law. no pan of such account has been paid. NOTARY.PUBLIC—MINNESOTA pRAMSEY COUNTY Subscribed and sworn to berore da 19 MY COMM.EXPIRES MAY 27.1992 ��E� r ' • My commission expires 19 SHORT ELLIOTT ST PAUL, CHIPPEWA FALLS, HENDRICKSON INC. MINNESOTA WISCONSIN " In Account With BRIGGS AND MORGAN FILE NO. 17538 DCM PROFESSIONAL ASSOCIATION 22501 2200 FIRST NATIONAL BANK BUILDING SAINT PAUL. MINNESOTA 55101 • TELEPHONE (612) 261-1216 October 20, 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 City of St. -Anthony v. U.S. Dept. of Army Our File No. 17538 For the period September 1, 1988 through September 30, 1988 Summary of Services and Disbursements Attorneys/Paralegals Hours Rate Total David C. McDonald 39 . 55 80.00 $ 3,164.00 • John B. Van de North 11.25 80.00 $ - 900. 00 Ann Huntrods 22 .40 80.00 $ 1,792.00 Neal T. Buethe 12 .75 80.00 $ 1, 020.00 Maureen E. Warren 21.50 80. 00 $ 1,720.00 John L. Devney 3 .75 80.00 $ 300.-00 Scott G. Knudson 37.75 80.00 $ 3, 020.00 Cheryl A. Thomas .50 80.00 $ 40.00 Gary N. Carlson 1: 00 80.00 $ 80.00 Diane B. Little 33 .20 80. 00 $ 2,.656.00 Jan M. Kowitz .45 40.00 $ 18.00 Ruth Busch 49.75 40.00 $ 1, 990.00 Patti J. Henry 29 .00. 40.00 $ 1,160.00 Totals 262.85 $17,860.00 Disbursements : Legal Economic Evaluations $ 80. 00 Delivery Services 32.20 Telephone Charges .36 Photocopying Charges 476 .67 $589. 23 $ 589.23 • TOTAL AMOUNT DUE THIS STATEMENT . . . . . . . .$18,449.23 BRIGGS AND MORGAN F.30025 (R12-87) FED.I.D.041.0954702 In Account With 22501 McDonald. D C BRIGGS AND MORGAN FILE NO. 1/7538. PROFESSIONAL ASSOCIATION PAGE 1 2200 FIRST NATIONAL BANK BUILDING SAINT PAUL. MINNESOTA 55101 TELEPHONE (612) 291-1216 • October 19, 1988 Saint Anthony. City of Attn: David M. Childs 3301 Silver Lake Road St. Anthony. Mn 55418 PLEASE DETACH TOP PORTION AND MAIL WITH PAYMENT For professional services rendered with regard to the following matter: Vs U.S. Dept. of Army, et al. 9/01/88 Busch 1.25 Document Index McDonald, D C 2. 15 Prepare discovery order; telephone conference with Jack Tunheim, prepare for meeting with Dave Childs; review billings to St. Anthony; meeting with Dave Childs and Jack Von de North Huntrods _ 2.00 Revise letter to Special Moster Short regarding proposed discovery order; revise proposed dis- covery order; vonference with Dave McDonald regarding some; research experts for trial; telephone conference with Dr. Dave Belluck re- gording retention as a consultant; work on plain- tiffs ' responses to FHI's discovery requests; telephone conference with Dr. Gregg regarding plaintiffs' responses to FHI's discovery requests. Von de North 1.00 Meeting with Dave CHilds and Dove McDonald regarding status and strategy; telephone con- ference with MPCA. Little, D B 1.50 Review of Argonne Report, documents 9/02/88 McDonald, D C .45 Telephone conference with Peter Colby, Mork Connor, and Ruth Busch; make arrangements for copying; conference with Cindy Jansen and Deb Post; review draft letter to Army regarding TCAAP documents Huntrods .25 Draft letter to Dr. Belluck regarding retention as on expert; telephone conference with Harold Sheff and Jack Van de North regarding real estate experts BRIGGS AND MORGAN F. 30025A FED.I.D.I1414)MT02 In Account with 22501 McDonald, D C BRIGGS AND MORGAN FILE NO. 17538. PROFESSIONAL ASSOCIATION PAGE 2 2200 FIRST NATIONAL BANK BUILDING SAINT PAUL. MINNESOTA 55101 • TELEPHONE (6 12) 291-1216 October 19, 1988 . Saint Anthony, City of Attn: David M. Childs 3301 Silver Lake Road St. Anthony, Mn 55418 PLEASE DETACH TOP PORTION AND MAIL WITH PAYMENT For professional services rendered with regard to .the following matter: Vs U. S. Dept. of Army, et a1. Busch 1.50 Finalize details for document production document index 9/03/88 McDonald, D C . 10 Review memo from Ruth Busch regarding TCAAP - document review; review case management order 9/05/88 McDonald, D C . 10 Prepare for document production at TCAAP; review memo and maps regarding TCAAP documents •9/06/88 McDonald, D C 2.85 Prepare daily report regarding TCAAP documents; review TCAAP documents; memo to TCAAP document review team; review research memo regarding subclinicol injuries; review research memo regarding emotional distress; review documents at TCAAP; meeting with Diane Little, Ruth Busch, Patti Henry, Gilma Oppendohl, and Maureen Warren Busch 2. 75 Document production at TCAAP Henry, P J 2.50 Document production at TCAAP Von de North .25 Conference with Devney regarding New Brighton settlement. Little, D B 2.00 Document discovery at TCAAP 9/07/88 Huntrods 1.00 Conference with Dave McDonald regarding document search at TCAAP; telephone conference with Pope & Leedin (attorneys in Brusher v. AER case) regarding experts they called; telephone conference with Emeron Corporation. Busch 2. 75 Document producation at TCAAP of FCC documents Henry, P J 3.00 Document production at TCAAP BRIGGS AND MORGAN F. 30025A FED.I.D.041-0950702 In Account With 22501 McDonald, D C BRIGGS AND DZORGAN FILE NO. 17538. PAGE 3 PROFESSIONAL ASSOCIATION 2200 FIRST NATIONAL BANK BUILDING SAINT PAUL. MINNESOTA 35101 TELEPHONE 1612) 291-1213 • October 19, 1988 Saint Anthony, City of Attn: David M. Childs 3301 Silver Lake Rood St. Anthony, Mn 55418 PLEASE DETACH TOP PORTION AND MAIL WITH PAYMENT ~, For professional services rendered with regard to the following matter: Vs U.S. Dept. of Army, et al. Little, D B 2.50 Research re natural resource damages. McDonald, D C .95 Telephone conference with Ken Olson, Jackie Stone. Patti Henry, Mork Connor, Peter Colby, Jack Tunheim, Dave Childs, and Sherri Knuth; conference with Ann Huntrods, Jack Van de North. Deb Post, Maureen Warren, and Neal Buethe; let- ter to Jackie Stone; review United States Sup- • plementol Response to Plointiffs'. Interrogo- tores; memo to TCAAP document, review team; make arrangements for sending documents to the Army; organization of TCAAP document review Warren. M 2.50 Document discovery at TCAAP, building 101 files. 9/08/88 Henry. P J 2. 75 Document production at TCAAP I McDonald, D C .45 Telephone conference with Ken Olson, Dave Childs and Mark Connor; conference with Ann Huntrods and Jack Van de North; letter to Jackie Stone; review list of chemicals Warren. M 2.00 Document discovery at TCAAP building 101. Busch 2. 75 Review FCC documents at TCAAP Little, D B 3.00 Document discovery at TCAAP. Von de North 1.00 Telephone conference with Dove Childs regarding MPCA/EPA PRP letter; meeting with Ken Olson. Huntrods .50 Research and contact potential trial experts. i BRIGGS AND MORGAN F. 30025A FED.I.D.041-0954702 In Account With 22501 McDonald, 0 C BRIGGS AND 1110RGAN FILE NO. 17538. PROFESSIONAL ASSOCIATION PAGE 4 2200 FIRST NATIONAL BANK BUILDING SAINT PAUL. MINNESOTA 35101 • TELEPHONE (612) 291-1216 October 19, 1988 Saint Anthony, City of Attn: David M. Childs 3301 Silver Lake Road St. Anthony, Mn 55418 PLEASE DETACH TOP PORTION AND MAIL WITH PAYMENT For professional services rendered with regard to the following matter: Vs U.S. Dept. of Army, et al. 9/09/88 McDonald, 0 C .25 Meeting with Ann Huntrods, 'Moureen Warren, and Deb Post; telephone conference with Sherri Knuth and Nick Nierengarten Busch .50 Index Honeywell documents; conferences with P. Henry, M. Warren and D. Post Henry, P J 3.00 Document production at TCAAP • Little, D B 2.50 Document discovery at TCAAP Huntrods 1.00 Research and contact potential trial experts; telephone conference with Roy Ball of ERM regarding landfill expert. 9/10/88 Van de North .50 Review news clippings regarding MPCA 'report' on St. Anthony well. 9/12/88 Busch . 75 Review order, review 9/1/88 letter and press release from MPCA, index Honeywell documents Henry, P J 2. 75 Document Production at TCAAP Little, 0 B 3.00 Document discovery at TCAAD. Warren, M 3.00 Document review at TCAAP building 101 - FHI records. McDonald, D C 1.50. Telephone conference with Chuck Dayton, Dave Childs, Capt. Mark Connor, Ken Olson, Janet Doglish, and Darryl Weokley; review letter from Jackie Stone; review Case Management Order No. 2; conference with Maureen Warren, Deb Post, Ann Huntrods, Jack Van de North; review MPCA BRIGGS AND MORGAN F. 30025A FED.I.D.#41-0854702 In Account With 22501 McDonald, D .0 BRIGGiS AND MORGAN FILE NO. 17538. PROFESSIONAL ASSOCIATION .PAGE 5 2200 FIRST NATIONAL BANK BUILDING SAINT PAUL. MINNESOTA 53101 TELEPHONE (912) 291-1218 October 19, 1988. Saint Anthony, City of Attn: David M. Childs 3301 Silver Lake Road St. Anthony, Mn 55418 PLEASE DETACH TOP PORTION AND MAIL WITH PAYMENT For professional services rendered with regard to the following matter: Vs. U.S. Dept. of Army, et al. letter to Army; review MPCA press release; re- view newspaper article regarding MPCA report on St. Anthony Huntrods 1.25 Review Special Master Brion Shortls discovery order; research and contract potential trial experts; draft letter to Fletcher Driscoll; telephone conference with Chuck Dayton and Sherri Knuth regarding brief schedule for motion to intervene; telephone conference with Dave • McDonald and Capt. Connor regarding settlement proposal. 9/13/88 Busch 2.25 Review and revise drawer logs, index Honeywell documents Henry, P J 2.50 Document production at TCAAP Little, 0 B 1.60 Research re natural resource damages. Van de North 1.00 Telephone conference with Dayton and Fletcher Driscoll; conference with Dove regarding reply to PCA release. Warren, M 1.50 Set up document room - meet with -Deb Post - develop index. McDonald, D C 3.50 Telephone conference with Capt. Mark Connor, Peter Colby, Dave Childs, and Ken Olson; con= ference with Patti Henry, Don Diddoms, and Jack Von de North; review New Brighton settlement agreement; review documents at TCAAP; review documents at TCAAP; reivew Army press release Huntrods 2.25 Telephone conference with Chuck Dayton and Jack BRIGGS AND MORGAN F. 30025A FED.I.D.#41-0854702 In Account with 22501 McDonald, D C BRIGGS AND MORGAN FILE NO. 17538. PROFESSIONAL ASSOCIATION PAGE 6 2200 FIRST NATIONAL BANK BUILDING ` SAINT PAUL. MINNESOTA 35101 • TELEPHONE 19121 291-1216 October 19, 1988 Saint Anthony, City of Attn: David M. Childs 3301 Silver Lake Road St. Anthony, Mn 55418 PLEASE DETACH TOP PORTION AND MAIL WITH PAYMENT For professional services rendered with regard to the following matter: Vs U.S. Dept. of Army, et ol. Van de North regarding experts; conference call with Jack Van de North and Fletcher Driscoll regarding toxicologists and other experts; research regarding other trial experts. 9/14/88 Busch 2. 75 Review of FCC documents at TCAAP Henry, P J 2.50 Document production at TCAAP • Carlson, G N � 1.00 Settlement schedules Little, D B 2.50 Document discovery at TCAAP Von de North 1.00 Draft letter to Colby and Connor regarding MPCA determination and press release. Warren, M 3.00 Document review at TCAAP. McDonald, D C 3.45 Conference with Ann Huntrods, "Jack Van de North, and Maureen Warren; telephone conferences with Mark Connor and Dave Childs; letter to Mork Connor regarding copying charges; prepare second revised settlement proposal; letter to Mark Connor regarding second revised settlement pro- posal; review revised damage calculations; cal- culote damages regarding operating costs Huntrods .50 Research and contact potential trial experts 9/15/88 Busch 2. 75 Review FCC documents at TCAAP: review drawer log Henry, P J 2. 75 Document production at TCAAP Little, D B 2.50 Document discovery at TCAAP BRIGGS AND MORGAN F. 30025A FED.I.D.841.0854702 In Account With 22501 McDonald, D C BRIGGS AND MORGAN FILE NO. 17538. PROFESSIONAL ASSOCIATION PAGE 7 2200 FIRST NATIONAL BANK BUILDING SAINT PAUL. MINNESOTA 551OI TELEPHONE (612) 291-1216 • October 19, 1988 Saint Anthony, City of Attn: David M. Childs 3301 Silver Lake Rood St. Anthony, Mn 55418 PLEASE DETACH TOP PORTION AND MAIL WITH PAYMENT For professional services rendered with regard to the following.matter: Vs U.S. Dept. of Army, et al. McDonald, D C .45 Letter to Mark Connor; telephone conference with Dave Childs; review letter regarding MPCA and Army conclusion about St. Anthony contami- nation Huntrods 1. 10 Research and. controct poentiol expert witnesses; 9/16/88 Busch .25 Review drawer log; index Honeywell documents 9119188 Busch 2.25 Index documents • Little, D B 2.50 Document review at TCAAP Warren, M 1.50 Key word index for document indexers, meet with Deb Post. McDonald, D C 1.00 Telephone conference with Jack Tunheim; con- ference with Jack Van de North and Ann Huntrods; review settlement offer; letter to Dave Childs; review New Birghton settlement agreement Van de North .50 Review Army proposal; telephone conference with Dave Childs; conference with Dove McDonald. Buethe 2. 75 Document review at TCAAP travel time. 9/20/88 Little, D B 2.00 Research re natural resource damages Busch 2. 75 Review FCC documents at TCAAP Devney .25 Read Army settlement proposal and notes. Thomas, C A .50 Telephone conferences; correspondence. Warren, M .50 Meet with Dave McDonald re: attorneys' BRIGGS AND MORGAN F. 30025A FED.I.D.#41-0954702 In Account With 22501 McDonald, 0 C BRIC;C;S AND NIORGAN FILE NO. 175/�38. PROFESSIONAL ASSOCIATION PAl7E 8 2200 FIRST NATIONAL BANK BUILDING SAINT PAUL. MINNESOTA 35101 • TELEPHONE (6121 291-1216 October 19, 1988 Saint Anthony, -City of Attn: David M. Childs 3301 Silver Lake Road St. Anthony, Mn 55418 PLEASE DETACH TOP PORTION AND MAIL WITH PAYMENT For professional services rendered with regard to the following matter: Vs U.S. Dept. of Army, et ol. fees; st. Anthony settlement offer. McDonaId, D C 5.15 Telephone conference with Nick Nierengarten and Bill Skallerud; conference with Maureen Warren, Neal Buethe,Jock Kenefick, Cheryl - Thomas, Scott Knudson, and Ruth Busch; review discovery order; prepare responses to Federal- Hoffman's discovery requests; review letter from Peter Colby; review memo from Maureen • Warren; .meeting with Dave Childs; meeting with Dave Childs and Mork Connor; prepare for meeting with Mark Connor; review settlement offer; review. St. Anthony newsletter; research EAJA; review New Brighton settlement agreement Knudson 3.00 Research regarding availability of attorney's fees. 9/21/88 Devney 1. 75 Conference with McDonald regarding USA position; read Army settlement proposal; compare to City's demand; conference with Van de North; conference with McDonald & Kenefick regarding response to proposal. McDonald, D C 1.95 Telephone conference with Jackie Stone, Bill Skallerud, Nick Nierengarten, Stu Williams, Richard Taflin at Legal Economic Evaluations, and Scott Smith; conference with Jack Devney, Maureen Warren, Cheryl Thomas, and Neal Buethe; review newspaper articles; review specific inter- view reports of Jackie Stone; memo to document review team; review general -report from Jackie Stone; review letter from Brian Short and Nick Nierengarten; review memo from Neal Buethe; meeting with Jack Devney and Jack Kenefick; BRIGGS AND MORGAN F. 30025A FED.I.D.041-0954702 In Account With \' 22501 McDonald, D �C BRIGGS AND MORGAN FILE NO. 17538. ' PROFESSIONAL ASSOCIATION PAGE 9 2200 FIRST NATIONAL BANE BUILDING SAINT PAUL. MINNESOTA 53101 TELEPHONE (812) 291-1216 • October 19, 1988 Saint Anthony, City of Attn: David M. Childs 3301 Silver Lake Road St. Anthony, Mn 55418 PLEASE DETACH TOP PORTION AND MAIL WITH PAYMENT For professional services rendered with regard to the following matter: Vs U.S. Dept. of Army, et al. research and revision of settlement proposal; discussion of Army settlement offer Busch 2. 75 Review FCC documents at TCAAP Knudson 5. 75 Research regording availability of attorney's fees under EAJA, env. statutes. Buethe 2.50 Document review at TCAAP. • Van de North 1.00 Meeting wtih Dave McDonald and Jack Devney regarding Army proposal. Little, D B 1.50 Document review at TCAAP Huntrods .35 Conference with Dave McDonald regarding document review procedures and settlement - attorneys fees issues 9/22/88 Buethe 1.00 Conference with Dave McDonald, Maureen Warren and Diane Little regarding document review; review papers regarding motion to intervene; review workers ot . orsenai, report. Devney 1. 75 . Read article on natural resource damages; read Department of Interior regulations on resource damages; conference with Van de North about proof of resource damages; review Minn. Stat. 549. 191 and 549.20 and read recent punitive damages cases; conference with -Streoter (.25) about points for reply. Henry, P J .50 Review_DCM memo; conference DICK Busch 1. 75 Review and revise drawer log; index Honeywell BRIGGS AND MORGAN F. 30025A FED.I.D.041-0854702 In Account with 22501 McDonald, D C BRIGGS AND 31ORGA.N FILE NO. 17538. PROFESSIONAL ASSOCIATION PAGE 10 2200 FIRST NATIONAL BANK BUILDING SAINT PAUL. MINNESOTA 35101 • TELEPHONE (912) 291-1215 October 19, 1988 Saint Anthony, City of -Attn: David M. Childs 3301 Silver Lake Road St. Anthony, Mn 55418 PLEASE DETACH TOP PORTION AND MAIL WITH PAYMENT For professional services rendered with regord. to the following matter: Vs U. S. Dept. of Army, et ol. documents; conference with P. Henry and D. Post; review private investigator reports. Van de North .50 Conference with Devney regarding natural resource damages. Kowitz .45 locate and copy Federal Register re: Interior Dept. regulations (Devney) • Little, D B .25 Conference with McDonald, Buethe and Warren regarding discovery at TCAAP McDonald, D C 1.30 Telephone conference with Jackie Stone, Mary .Harens, Bill Skollerud, Peter Colby, Cheryl Thomas, and Nick Nierengorten; discussion regarding TCAAP document review; conference with Jack Von de North,, Jack Devney, Scott Knudson, Neal Buethe, Ann Huntrods, Maureen Warren, and Diane Little; review discovery order; research regarding equal access to justice act; research regarding natural resource damages Knudson 8.50 Research regarding availability of attorneys fees and environmental statutes. Huntrods 3.20 Telephone conference with Dr. Robert Feldman; research and contact potential trial experts in toxicology. 9/23/88 Henry, P J .50 Review records Busch . 75 Review and revise drawer log. Warren, M 2.00 Document review at TCAAP - 105 Records held BRIGGS AND MORGAN F. 39025A FED.I.D.041-0854702 In Account With 22501 McDonald, 0 BRIGGS AND MORGAN FILE IVO. 11538. PROFESSIONAL ASSOCIATION PAGE 11 2200 FIRST NATIONAL BANK BUILDING SAINT PAUL. MINNESOTA 58101 TELEPHONE 16121 201-1216 • October 19, 1988 Saint Anthony, City of Attn: David M. Childs 3301 Silver Lake Rood St. Anthony, Mn 55418 PLEASE DETACH TOP PORTION AND MAIL WITH PAYMENT . For professional services rendered with regard to the following matter: Vs U.S. Dept. of Army, et ol. by Gilmo Oppedohl. Little, D B .25 Review of PI report McDonald, D C 2.05 Telephone conference with Copt. Connor, Nick Nierengorten; and court reporter; document review at TCAAP; conference with Maureen Warren 9/24/88 McDonald, D C .20 Review document review notes; organization of document review at TCAAP; review letter from • Nick Nierengorten; review Federal-Hoffman privilege index Knudson 2.00 Research regarding availability of attorneys' fees memo. 9/26/88 Busch 2. 75 Review FCC documents at TCAAP; drawer log; October calendar Little, D B 2.30 Document review at TCAAP McDonald, D C 2.60 Telephone conference with Borb Gertsema and Peter Colby; conference with Jock Van de North, Ann Huntrods, Cheryl Thomas, and Scott Knudson; research regarding attorneys fees; review in- voice from Legal Economic Evaluations, Inc. ; review report from Legal Evaluations, Inc. ; research regarding structured settlements; review attorneys' fees statutes; meeting with Jack Von de North Knudson 6.50 Research re availability for attorney's fees, meet Dove McDonald to discuss some, draft memo. Buethe 2.50 Document review at TCAAP. • BRIGGS AND MORGAN F. 30025A FED.I.D.041-08S4702 .' . In Account With 22501 McDonald, D C BRIGGS AND MORGAN FILE NO. 17538. PROFESSIONAL ASSOCIATION PAGE 12 2200 FIRST NATIONAL BANK BUILDING • SAINT PAUL. MINNESOTA 33101 TELEPHONE 1912) 291-1215 October 19, 1988 Saint Anthony, City of Attn: David M. Childs 3301 Silver Lake Rood, St. Anthony, Mn 55418 PLEASE DETACH TOP PORTION AND MAIL WITH PAYMENT For professional services rendered with regard to the following matter: Vs U. S. Dept. of Army, et al. Von de North 1.50 Conference with Dave McDonald regarding Army offer and proposed response. Huntrods 1.00 Research and contact potential trial experts 9/21/88 Warren, M .50 Exmaine MPCA files for more complete responses to FHI discovery. • Little, D B 2.30 Document review at TCAAP Knudson_ 6.50 Research regarding avilobility of attorneys ' fees; draft memo. Busch 2.25 Review FCC Documents at TCAAP Henry, P J 2.50 Document production at TCAAP and related matters McDonaId, D C 3.55 Conference with Ann Huntrods, Jack Von de North, Cheryl Thomas, and Maureen Warren; telephone conference with Chuck Dayton, Tim Mozey, Bill Skollerud, Dove Childs, and Steve Shokmon; and Barb Gertsema; meeting with Dave Childs and Jack Von de North; prepare for meeting with Dove Childs; meeting to discuss settlement pro- posol Von de North 2.50 'Telephone conference with Fletcher Driscoll and Ken Olson; meeting with Dave Childs. Huntrods 2.00 Contact prospective expert witnesses; toxicology research regarding some 9/28/88 Knudson 5.00 Research regarding availability of attorney's • fees; draft and revise memo. BRIGGS AND MORGAN F. 30025A FED.I.D.041-09S4702 In Account with 22501 McDonald, D V BRIGGS AND AfORGAN FILE NO. 17538. PROFESSIONAL ASSOCIATION PAGE 13 2200 FIRST NATIONAL HANK BUILDING SAINT PAUL. MINNESOTA 53101 TELEPHONE (6121 291-1216 • October 19, 1988 Saint Anthony, City of Attn: David M. Childs 3301 Silver Lake Rood St. Anthony, 'Mn 55418 PLEASE DETACH TOP PORTION AND MAIL WITH PAYMENT For professional services rendered with regard to the following matter: Vs U.S. Dept. of Army, et ol. Busch 5.50 Review FCC Documents at TCAAP; review drawer logs Busch 2. 75 Review FCC documents at TCAAP reveiw drawer logs Henry, P J 1.25 Document production at TCAAP McDonald, D C 1.50 Telephone conference with Carol Werlein, Chuck • Doyton, •Ina Strichortz. Dove Childs, Clarence' Ranallo, and Dennis Smith; conference with Cheryl Thomas; review Army's settement proposal; research regarding Pierringer releases; review equal access to Justice Act; prepare third revised settlement proposal Warren, M 3.00 Document review at TCAAP and MPCA for response to FHI interrogatories.. Buethe 2.00 Research and draft intervention brief. Van de North .50 Conference with Dave McDonald regarding counter proposal. Huntrods 1. 75 Research regarding toxicologist experts; tele- phone conference with Or. Mark Loppe regarding meeting to discuss representation; telephone conference with Bill Goodman, Beverly Pogin and Environmental Defense Fund Little, D B 1.00 Document discovery at TCAAP 9/29/88 Busch 2.50 Review FCC documents at TCAAP McDonald, D C 2.00 Telephone conference with Mark Connor, Peter • BRIGGS AND MORGAN F. 30025A FED.I.D.#41-0954702 In Account With 22501 McDonald, 0 C BRIGGS AND MORGAN FILE NO. 17538. PROFESSIONAL ASSOCIATION PAGE 14 2200 FIRST NATIONAL HANK BUILDING SAINT PAUL. MINNESOTA 55101 • TELEPHONE (912) 291-1216 October 19, 1988 Saint Anthony, City of Attn: David M. Childs 3301 Silver Lake Rood St. Anthony, Mn 55418 PLEASE DETACH TOP PORTION AND MAIL WITH PAYMENT For professional services rendered with regard to the following matter: Vs U.S. Dept. of Army, et al. Colby, Chuck Dayton, Ina Strickortz, and Bill Skollerud; settlement discussions; research regarding officer of ,judgment; review letters from Nick Nierengorten Buethe 1.00 Research and draft intervention brief. Huntrods 2.25 Telephone conference with Moss. Deportment of Health regarding toxicologist experts; research regarding experts in toxicology; telephone con- ,ference with Dr. Klaassen, Dr. Ken Miller, Beverly Pogin, Jan Schlictmann regarding depo- sition of Loppe, Feldman, White, and Pagin, and Ellen Silbergeld of the Environmental Defense Fund Henry, P J 2.50 Document production at TCAAP 9/30/88 Warren, M 2.00 Document review at TCAAP. Busch . 75 Compile schedules for October; memo re: list of chemicals; review drawer log; compile list of chemircol vendors, medical records Buethe 1.00 Draft intervention brief. Huntrods 2.00 Telephone conference with Dr. Klaassen regarding contoct-- of potential expert wit- nesses and discuss testimony; draft responses - for answers to expert interrogatories; con- ference with potential expert witness - Or. David Cline, Jack Kenefick and Cheryl Thomas. McDonald, D C 2.05 Conference with Ann Huntrods, Maureen Warren, Scott Knudson, and Deb Post; telephone con- BRIGGS AND MORGAN F. 30025A FED.I.D.441-0954702 • In Account With 22501 McDonald; D,C BRIGGS AND MORGAN FILE NO. 17538. PROFESSIONAL ASSOCIATION PAGE 15 Q200 FIRST NATIONAL RANK BUILDING SAINT PAUL. MINNESOTA 38101 TELEPHONE (6121 261-1218 • October 19, 1988 Saint Anthony, City of Attn: David M.. Childs 3301 Silver Lake Rood St. Anthony, Mn .55418 PLEASE DETACH TOP PORTION AND MAIL WITH PAYMENT For professional services rendered with regard to the following matter: Vs U.S. Dept. of Army, et al. Terence with Steve Shokmon; review documents at TCAAP; research regarding attorneys fees and Rule 68 Knudson .50 Preparation for and meeting with D. McDonald. • BRIGGS AND MORGAN F. 30025A FED.I.D.04/4)851702 J35bbZ) DORSEY & WHITNEY A P.wrwcw+­Iw,um wu Pwm e++u+. fow wwsuo+a 2200 FIRST BANK PLACE EAST MINNEAPOLIS, MINNESOTA 3540' (612) 340-2000 • (Internal Revenue Account No. 41-0223337) STATEMENT OF ACCOUNT FOR PROFESSION.A SERVICES October 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' September 1, 1988 through September 30, 1988, including: Parkview School Property: Telephone D. Childs re environmental audit of school site; review Liesch proposal; telephone J. Lichter re same; meeting with D. Childs, W. Keppel and W. Soth re changes to proposal ; telephone J. Lichter re Liesch proposal , revisisons, reasons therefor; telephone conference with J. Lichter, W. Keppel and W. Soth re status of soil and asbestos testing; review correspondence and closing documents, inter-office conference re status. $341. 25 Review agenda and minutes for meeting; discussions with City Manager . $ 97 . 50 Total Fees $438.75 WRS/gle 615 178820: 56, 59 • Disbursements made for your account, for which bills have not yet been received,will appear on a later statement. LAWOFFICES STATEMENT OF ACCOUNT - HANCE & LEVAHN SAINT ANTHONY NATIONAL BANK BUILDING,SUITE 200 DATE: November t, 1888 2401 LOWRY AVENUE NORTHEAST MINNEAPOLIS,MINNESOTA 55418 Mr. David Childs PLEASE DETACH AND RETURN THIS PORTION WITH YOUR REMITTANCE. City Administrator City of St. Anthony 3301 Silver Lake Road (M) St. Anthony, Minnesota 55418 a AMOUNT REMITTED $ RE: Village Prosecutions DATE DESCRIPTION • $ 4,800.00 PAYMENTS Received $2,400.00 on 10/3/88 2,400.00 CR CREDITS & ACCOUNT ADJUSTMENTS UNPAID PREVIOUS BALANCE . 499.00 • FINANCE CHARGE PROFESSIONAL SERVICES 2,400.00 Legal services rendered for the month of November, 1988, relative to St. Anthony prosecutions. CURRENT FEES NEWBALANCEDUE MINIMUM PAYMENT DUE $ y001 eAccounts due upon presentment of statement.A FINANCE CHARGE at a periodic rate of 1-1/3%per month,equaling an ANNUAL PERCENTAGE RATE,of,16%will be imposed upon any Unpaid Previous Balance greater than$1.00, with a minimum FINANCE CHARGE of$0.50.The FINANCE CHARGE is applied to the outstanding balance at the end of each billing cycle,if the balance for that billing cycle was not paid in full within 30 days. NOTICE: See reverse side for important information. HANCE & LEVAHN SILVER LAKE CAMP 2850 WEST COUNTY ROAD E. MINNEAPOLIS, MINNESOTA 55421 DATE_No TO: TELEPHONE(612)786-9048 SUBJECT David Child City of St. Anthony 3301 Silver Lake Road � St. Anthony, MN 55418 Re: City Council Meeting — Tuesday , November 8, 1988 -- 8: 00 p .m. This note is to confirm that Mr. Tim O' Brien will represent the camp to discuss the building plans . Mr. O' Brien is working with us as our architect and is very familiar with the plans and the uses envisioned. am sorry that I will be out of town and not able to attend the meeting. Thank you for providing help and information regarding the progress through the city ' s approval process . Dale Westberg cc : Mr. Tim O ' Brien Director Hills Gilbertson Architects 10,4 West Franklin Minneapolis , MN 55404-2486 Telephone 870- 1000 hem NML721 0 Wheels.G—P h1i.1979 REORDER ITEM NML72T FOLD AT I—I TO FIT DRAWING BOARD ENVELOPE eEW9DW ORDINANCE 1988-010 AN ORDINANCE RELATING TO MAYOR AND COUNCILMEMBER SALARIES, AMENDING SECTION 125:00 OF THE 1973 CODE OF ORDINANCES BY ADDING A SECTION The City Council of the City of St. Anthony hereby ordains as follows: Section 1 . Section 125:00 of the 1973 Code of Ordinances, as amended, is hereby amended to read as follows: Section 125:15. Salaries. Commencing the first day of December, 1989 the salaries of the Mayor and Council- members shall be as follows: Office Salary Per Month Mayor $375.00 Councilmember $250.00 Section 2. This Ordinance shall be effective as of the date of its publication. Mayor ATTEST: City Clerk First Reading: October 11, 1988 Second Reading: October 25 , 1988 Adopted: November 8, 1988 Published in the St. Anthony Bulletin on the day of 1988. LAW OFFICES HANCE G LEVAHN , LTD. • SAINT ANTHONY NATIONAL BANK BUILDING. SUITE 200 2401 LOWRY AVENUE NORTHEAST MINNEAPOLIS, MINNESOTA 5541a EDWARD J. HANCE JOEL T. LEVAHN PAUL W. FANNING TELEPHONE ALLEN R. DESMOND (612) 761-4658 ASSISTANTS TERESA H. CRAVEN KATHRYN A. DAILEY October 24 , 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 ' Hickerson 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 up to and including October 19 , 1988 . Should you have any questions or comments, please contact me. Yours ver uly, HANCE Enclosure EJH/kd J' ST. ANTHONY •PROSECUTION ACTIVITY October 19 , 1988 HANCE & LEVAHN, LTD. Edward J. Hance •Prosecuting Attorney Submitted By: Allen R: Desmond Assistant •Prosecuting Attorney 2401 Lowry Avenue N.E. , Suite 200 Minneapolis, Minnesota 55418 Telephone: - (612) 781-4858 A R R A I G N M E N T S The Honorable Harry Seymour Crump DEFENDANT •PLEA SENTENCE Abumayaleh, Abedauah Charged with DAC and passing 108 through stop sign; •Pre-Trial set for December 7, 1988 . Anderson, Daniel G. Charged with obstructing (arresting officer traffic; No appearance at unknown at this time) October 19 , 1988 , arraignment; Bench warrant issued. Anderson, Mark Allen Charged with DAS and expired Fine - $200 .00; Jail - 10 days, 10 116 registratiom; •Pled guilty to days stayed one year; On conditions DAS charge; Other charge of no driver ' s license or insurance dismissed. violations for one year. Balck_, William Carl Charged with DAS on August 24 , 108 , 116 1988 , and DAS on August 27 , 1988; •Pre-Trial set for December 7, 1988. Christopherson, Brent David Charged with no insurance and Fine - $100.00; Jail - 10 days, 10 113 failure to yield right-of-way; days stayed one year; On condition of -Pled guilty to no insurance no insurance violations for one year. charge; Other charge dismissed. Fagerlee, Colin Dennis Charged with failure to yield 116 right-of-way; Court Trial set for December 7, 1988 , at 2 :00 p.m. Felch, Ronald James Charged with possession of mari- Fine - $200 .00; Jail - 10 days, 10 102, 116 juana in a motor vehicle, no days stayed one year; On condition endorsement to operate a of no same or similar offenses for motorcycle, and speeding; one year. -Pled guilty to possession of marijuana in a motor vehicle; Other charges dismissed. Franta, David John Charged with DAS; •Pre-Trial set 114 for November 16 , 1988 . Hayes, Rim Marie Charged with DWI, alcohol Fine - $150 .00 ; Jail - 30 days, 30 114 concentration of .10 or more days stayed one year; On conditions within two hours ( .13)-, and of no alcohol-related driving failure to change address on offenses and no driver ' s license or driver ' s license; Judge Crump, insurance violations for one year , on his own motion and without Defendant following recommendations consulting the City -Prosecutor of probation officer as to treatment, and later ignoring the City and completion of 20 hours of com- •Prosecutor ' s objections, reduced munity service within 90 days. the DWI charge to careless driving; .Pled guilty to careless driving; Other charges dismissed. NOTE: City -Prosecutor has filed an appeal to reverse Judge Crump's decision. McGruder, Garrett .Peyton Charged with reckless driving; 103 , 113 -Pre-Trial set for December 7, 1988. � Q i McGuire, Noel Edgar Charged with shoplifting; Fine - $25.00 ; Jail - 10 days, 10 113 -Pled guilty. days stayed one year ; On condition of no same or similar violations for one year. Mueller, -Paul Vincen-t Charged with DWI and alcohol Thoemke, 114 concentration .of .10 or more within two hours ( .13) ; -Pre-Trial set for December 7, 1988 . Stockinger , James Anthony Charged with driving left of 113 center of roadway; Court Trial set for December 7 , 1988 , at 2:00 p.m. Turner, Kathryn Kim Charged with DWI, alcohol Thoemke concentration of . 10 or more within two hours (alcohol concentration reading unknown as this time as this matter was added onto the St. Anthony calendar at the last minute and no police report has been made available to the City -Prosecutor as of the date of this report) , and careless driving; .Pre-Trial set for November 16 , 1988. West, -Peter .Timothy Charged with DAS and defective 116 tail lights; No appearance at October 19 , 1988 , arraignment; Bench warrant issued. Wolosewycz , Lora Charged with shoplifting; 103 -Pre-Trial set for November 16 , 1988. •P R E - T R I A L S - The Honorable Harry -Seymour Crump DEFENDANT PLEA SENTENCE Brown, Jr. , Edward Barry Charged with DAS; Pled Fine - $100 .00 . 115 guilty. Fein, Robert Alan Charged with DAR, expired 112 plates, . failure to transfer title, and no insurance on December 22 , 1987 ; Charged with DAR on February 8, 1988 ; -Pre-Trial continued until November 16 , 1988 . Hansen, Thomas Lindsley Charged with aggravated DWI, Fine - $700 .00 , $350 .00 stayed two 108 gross DWI, and gross alcohol years; Jail - 90 days, 60 days stayed concentration of .10 or more two years; On conditions of no same within two hours (.10) ; Gross or similar offenses for two years, no alcohol concentration of '. 10 alcohol-related driving offenses for or more within two hours charge two years, and Defendant following amended to misdemeanor alcohol recommendations of probation officer concentration of .10 or more as to treatment. within two hours as Defendant was cooperative with arresting officer , Defendant had a low blood alcohol concentration reading , Defendant exhibited little erratic driving conduct, and Defendant did well on sobriety tests; •Pled guilty to misdemeanor alcohol concentration of . 10 or more within two hours charge; Other charges dismissed. L Kissel, Mary Agnes . Charged with shoplifting; Charge Fine —$50.00. 114 reduced to petty misdemeanor shoplifting; -Pled guilty to petty misdemeanor shoplifting. Monson, Kimbere Lee Charged with DWI, alcohol Jail - 30 days, 28 days stayed two 114 , 116 concentration of .10 or more years; On conditions of completion of within two hours ( .19) , and 20 hours of community service in lieu driving over center line; -Pled of a fine, no same or similar offenses guilty to DWI: Other charges for two years, and Defendant following dismissed. recommendations of probation officer as to treatment. Schmotter , Jr. , Thomas Charged with gross DWI, gross Harold alcohol concentration of :10 or Thoemke, 116 , 117 more within two hours ( .16) and open bottle; .Pre-Trial continued until November 16 , 1988 . Sullivan, David Otto Charged with DAC and no 108 insurance; Jury Trial set for December 8, 1988 , at 9:15 a.m. M I S C E L L A N E O U S DEFENDANT •PLEA SENTENCE Glenn, Michael John Charged with DAS, open bottle, Jail - 30 days, 9 days stayed one 108 and speeding; .Pled guilty to year; On condition of no same or DAS on October 5, 1988 , before similar violations for one year. The Honorable George Adzick; Other charges dismissed. -Peterson, Eric John Charged with gross DWI , 113 , 114 gross alcohol concentration ` of .10 or more (17) , and aggravated DWI; Defendant was on the St. Anthony calendar as he was required to show proof that he had successfully completed community service per the conditions of his prior sentencing ; Defendant produced the required proof. J U R Y T R I A L S DEFENDANT -PLEA SENTENCE Lucas, Luke Lambert Charged with DWI , alcohol . Fine - $300 .00 , $200 .00 stayed one Thoemke, 115 concentration of . 10 or more year ; Jail. - 30 days, 30 days stayed within two hours ( .16) , and one year; On conditions of no speeding; .Pled guilty to alcohol alcohol-related traffic offenses for concentration of .10 or more one year and Defendant completing within two hours charge on Create -Program. October 11, 1988 , before The Honorable Michael J. Davis; Other charges dismissed. C O M •P L A I N T S DEFENDANT OFFICER CHARGE Ellis, David Lawrence Officer Timothy Briski Charged with driving after revoca- tion, operating motor vehicle without required insurance, and expired registration. Fasthorse, Heath Juan Officer Dominic Cotroneo Charged with driving after revocation. Gonnella, Elizabeth Marie Officer Timothy Briski Charged with operating motor vehicle without required insurance and expired registration. Kettner , Gorden Allen Officer John Ohl Charged with driving after revocation. SALES SUMMARY OCTOBER 1988 Store One Store Two Combined On Sale Off Sale On Sale Off Sale Sales -Oct.188 304,688.40 58,076.20 106,196.92 18-,682.12 121,733.16 ' Sales -Oct. 187 351,869.69 50,046.81 133,796.40 . 17,052.19 150,974.29 Increase $ 47,181.29* 8,029.39 27,599.48* 1,629.93 29,241.13* Increase % 13.41%*. 16.05% 20.63$* 9.56% 19.37$* -Sales - 10 Mos..188 3,022,872.32 596,1.95.50 1,037,082.92 158,-670.09 1,230,923.81 Sales - 10 Mos. '87 3,091,257.08. 307,738.10 1,257,158.57 177,349.78 1,349,010.63 Increase $ 68,384.76* 288,457.40 220,075.65* 18,679.69* 118,086.82* Increase % 2.22%* 93.74% 17.51$* 10.54%* 8.76%* * Decrease • CITY OF ST. ANTHONY ORDINANCE 1988- 011 AN ORDINANCE RELATING TO LAWFUL GAMBLING IN MUNICIPAL LIQUOR DISPENSARIES FOR THE ON-SALE OF INTOXICATING LIQUOR; AMENDING SECTION 445 : 10 OF THE 1973 CODE OF ORDINANCES The City Council of the City of St . Anthony ordains: Section 1. Section 445: 10 of the 1973 Code of Ordinances is amended to read in full as follows: Section 445 : 10. Gambling Limited- No form or type of gambling, whether lawful or otherwise, shall be conducted or allowed within the City of St . Anthony except for lawful gambling which is conducted in accordance and compliance with .Minnesota Statutes, Section 349 . 214 and lawful gambling other than bingo conducted by a properly licensed organization "in accordance with State law in municipal liquor dispensaries for the on-sale of intoxicating liquor. • Section 2 . This Ordinance shall be effective as of its date of publication. First Reading: November 8, 1988 Second Reading: Adopted: Mayor ATTEST: City Clerk Published: St. Anthony Bulletin on the day of 1988.