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Home My WebLink About1990-09-18 CC Packet e AGENDA STILLWATER CITY COUNCIL September 18, 1990 SPECIAL MEETING REGULAR MEETING 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA 1. Jim Junker, Junker Sanitation - Discussion of Curbside Recycling. 7:00 P.M. AGENDA CALL TO ORDER INVOCATION ROLL CALL e APPROVAL OF MINUTES - Regular Meeting - August 21, 1990 Special Meeting - August 28, 1990 Special Meeting - August 31, 1990 INDIVIDUALS, DELEGATIONS & COMMENDATIONS STAFF REPORTS PUBLIC HEARINGS 1. This is the day and time for the Board of Appeal Hearing to a Uniform Fire Code violation for Quality Auto Body and Boat, 501 No. Main St., Stillwater, Mn., Patrick Kohoutek. UNFINISHED BUSINESS 1. . Possible second reading of Ordinance adopting new Building Code. 2. Possible second reading of Ordinance amending Building Permit Fees. NEW BUSINESS 1. Resolution calling for sale of $1,350,000 G.O. Capital Outlay Bonds. 2. Placement of Stop Signs at Orleans and Third St. 3. Request to use North William Street for access to Lots 6 & 7. A. E. Ranum, Applicant. 4. Request for authorization to use $2,500 from Downtown Feasibility Study account to prepare Downtown Entryway Design Plan and Project for First Phase Construction. 5. Request correction of Deed - Overman Estate. 6. Change Order No.6 - Forest Hills/T.H. 36 Frontage Rd. ~ 7. No Parking on south side of McKusick Lk. Rd. by City parking lot. PETITIONS, INDIVIDUALS & DELEGATIONS (Continued) 1 CONSENT AGENDA 1. Resolution Direct'ng Payment of Bills (Resolution No. 8370) 2. Applications (Lis to be supplied at meeting). 3. Set Public Hearin Date of October 2, 1990 for the following Planning Cases: a. CASE NO. SUB/ 0-51 - Resubdivision of two lots of approximately 8,105 and 13, 00 sq ft. into two lots of approximately 8,905 and 13,000 sq. ft. located a 813 No. Everett St. in the RB, Two-Family Residential Dist., Herman & Shirley Duckworth, applicants. b. CASE NO. SUP/ 0-52 - Special Use Permit for the placement of a permanent or y sq. ft. sign at St. Croix Catholic School, 621 So. Third St., in the RCM, Medium Density Residential Dist., Robert Mike, Principal, ap licant. c. CASE NO. V/90 55 - Variance to the sideyard setback requirements (five t. requlre , two ft. requested) for the construction of a 72 sq. ft. garage at 617 W. Olive St. in the RB, Two-Family Residential Dist., Joe & Barbara Schmotter, applicants. d. CASE NO. V-90 56 - Variance to the 20,000 sq. ft. lot size requirement or t e pace ent of a septic system on an existing lot at 1911 No. Second St. in the RB, Single-Family Residential Dist., Jon Lentz, applicant. e. CASE NO. SUP/ 0-54 - Special Use Permit for the placement of an over low 4 s ace parking lot on Greeley St. for Lakeview Memorial Hospital and t. Croix Valley Clinic at 919 W. Anderson St. in the RB, Two-Family Re idential Dist., Gary W. Moody, applicant. f. CASE NO. SUB/ 0-58 - Final Plat Approval for Phase I, Forest Ridge A ., lnc u 1 g 1 zero lot line duplex lots in the RB; Two-Family Residential D st., Lawrence Rose, applicant. ~ g. CASE NO. PUD/ 0-57 - Final approval for Phase I, Forest Ridge Add., an ~ 1 ot P anne Unlt Development (a part of the previously approved 42 lot subdivisi n) in the RB, Two-Family Residential Dist., Lawrence Rose, applica t. h. CASE NO. V/90 53 - Variances to the east & west sideyard setback requlrements ten ft. required, six ft. proposed) for an 89 stall parking lot a d number of signs allowed (one allowed, four proposed) located east f Kangaroo Storage on Highway 36 Frontage Rd. in the BP-C Business Pk. Commercial Dist., Paul Pink and Assoc., Inc. i. CASE NO. SUP/ 0-59 - Special Use Permit to conduct a small office buslness out a residential home at 2527 Interlachen Dr. in the RA, Single-Family Residential Dist., Thomas & Debbie Odell, applicants. e COUNCIL REQUEST ITEMS STAFF REPORTS (Contin ed) COMMUNICATIONS/REQUES S t. Crolx Va ley linic - Letter of explanation to neighbors regarding overflow parking roblem. 2. Stillwater Elks r quest to again use Lily Lk. tennis courts for Christmas tree sales. 3. Citizen concerns egarding increase in garbage bill. e QUESTIONS/COMMENTS FR M NEWS MEDIA ADJOURNMENT 2 e e e JUNKER RECYCLING INC. OPERATING STATEMENT October 1, 1989 - September 30, 1990 RECEIPTS 65,819 EXPENSES Labor Payroll Tax Workmans Camp Ins Vehicle & Equipment Hauling Garage Gas & Oil Fringe Bene:fi ts . " Lggal & Accounting O:f:fice Wages O:f:fice Salary 35,360 3,890 7,426 8,400 15,360 7,200 2,700 2,712 1,500 3,000 6,000 Total Expenses 93,548 NET OPERATING PROFIT (27,729) " e JUNKER RECYCLING, INC OPERATING STATEMENT CALCULATIONS LABOR Two employees @ 340/week PAYROLL TAX Eleven percent ox Labor WORKMAN'S COMPENSATION Twenty-one percent ox Labor HAULING 100 Loads at $140 + $60/mo Non Recyclable Hauling VEHICLE & EQUIPMENT Rent at $700/month GARAGE Rent at $600/month e GAS & OIL Twelve months at $225/month FRINGE BENEFITS Pension #30/week Hospitalization #101/month LEGAL & ACCOUNTING $125/month OFFICE WAGES $250/month OFFICER SALARY $500/month e e e e y REGULAR MEETING STILLWATER CITY COUNCIL MINUTES August 21, 1990 7:00 P.M. The Meeting was called to order by Mayor Abrahamson. Present: Counci1members Bod1ovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Finance Director Deb10n Consulting Engineer Moore Comm. Dev. Director Russell Public Works Director Junker Public Safety Director Mawhorter Fi re Chtef Seim Planning Com. Chair Fontaine City Clerk Johnson Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Others: Harry Peterson, Karl Ranum, Paul Simonet, Bob Tanner, Bob Marois, Greg Lindow, Linda Hinz, Richard Kilty, Jerry Cadwell, Jim Jacobs, Wm. Biessener, Bill Buh1, Roxanne Olson, Ma ry Ness. APPROVAL OF MINUTES Motion by Counci1member Bod1ovick, seconded by Counci1member Farrell to approve the minutes of the Special Meetings of July 24 and July 31 and Regular and Recessed Meetings of August 7, 1990 as presented. (All in favor) STAFF REPORTS 1. Finance Dept. Discussion followed regarding the proposed 1991 budget. Paul Simonet and Karl Ranum, on behalf of the Parking Task Force Committee, submitted a report on five and one-half months of Task Force work and further discussed revenues as they relate to the parking issue and the request for another person to work with parking. A workshop was suggested with the Parking Task Force Committee in November to agree on a financing plan. Also suggested was an increase in parking permit fees. Resolution adopting proposed Budget for 1991. Motion by Counci1member Opheim, seconded by Counci1member Farrell to adopt the appropriate resolution adopting the proposed 1991 Budget. (Resolution No. 8339) 1 ~ Stillwater City Counci Minutes Regular Meeting August 21, 1990 e Ayes - Councilmembers odlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None Ayes - Councilmembers odlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None Resolution ado tin Ca ital Outlay Bud et & Amended 1990 Ca ital Outlay Budget. Motion by Councilmembe Farrell, seconded by Councilmember Kimble to adopt the appropriate resolu ion adopting the 1991 Capital Outlay Budget and Amended 1990 Capital Outlay Bu get. (Resolution No. 8341) 9 costs to be assessed & orderin or L.I. . arre , seconded by Counc~lmember Kimble to adopt ion declaring costs to be assessed and ordering assessment for L.I. 256; with $1,000 being added to the expenses incurred n the making of such improvement which will then amount to $47,666.10. (Resol tion No. 8342) e Ayes - Councilmembers odlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None Ayes - Councilmembers Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None Ayes - Councilmembers odlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None PUBLIC HEARINGS 1. This 1S the day an time for the Public Hearing to consider a Variance request to the siz requirements for the placement of a projecting sign (six ft. required, twelve ft. proposed) on the southwest corner of the 2 e e Stillwater City Council Minutes Regular Meeting August 21, 1990 Grand Garage at 324 So. Main St. in the CBD, Central Business Dist., Bob Tanner, Applicant. Case No. DR/V/90-45. Notice of the hearing was published in The Courier on August 9, 1990 and mailed to affected property owners. Community Development Director Russell summarized the request, stating this sign is for Esteban1s Restaurant and was used by a previous restaurant on the same standard. It was reviewed by the Design Review Committee and they had no concerns about the location, but were concerned about the size of the sign. Mr. Fontaine stated the Planning Commission approved the request with conditions which Mr. Tanner agreed to follow. Motion by Councilmember Kimble, seconded by Councilmember Farrell to approve the Variance request to the size requirements for the placement of a projecting sign on the southwest corner of the Grand Garage at 324 So. Main St. in the Central Business Dist., as conditioned, Bob Tanner, Applicant. Case No. DR/V/90-45. (All in favor). e 2. Informational Hearing - Mulberry Street Improvement, L.I. 254. Consulting Engineer Moore summarized the project, stating the total estimated cost of the project is $363,041.90. The estimated MSA participation is $241,598.90 for roadway facilities and $21,552.00 for storm sewer improvements. Sanitary sewer services, amounting to approximately $99,991.00, are not included in MSA participation. Construction bids will be received on August 31. William Biessener, 306 No. 4th St., asked where the "No Parking" area would be. He also asked if digging would go on in his backyard'on the sewer and watermains. Mr. Moore replied they would be replacing the mains in the center of the street. Jim Jacobs, 503 W. Mulberry St., asked about the width of the road and questioned why it should be widened. Mr. Moore stated we have to follow state aid rules. Mr. Jacobs asked if the City will be contributing toward the assessment. Mr. Kriesel explained this project had to be approved before a new assessment policy is adopted and can't reply to Mr. Jacobs question now. Mr. Jacobs also asked if his water service will come up to his basement and Mr. Moore replied it will come up to the property line. The assessment policy was further discussed and Mr. Moore stated Mulberry Street was in the five~ear plan for reconstruction this year. Further questions followed regarding the width of the street and the City's assessment. Mr. Biessener asked if the City should be paying for the 30 ft. sewer main easement running through his backyard. Mr. Moore replied no, because this is still Mr. Biessener's property, although the City requires the easement for repairs. e 3 ~ ~ Stillwater City Counci Minutes Regular Meeting August 21, 1990 e Bill Buehl, 406 W. Mulberry, stated concern regarding the mock assessment roll, because it i cludes a couple of phantom streets such as So. Holcombe which was never a treet and is vacated south of Mulberry. Further discussion followe. He also noted the City has property which does not appear on the roll Council stated the City will pay their fair share. The policy for det rmining the assessment frontage was also explained - short side is the ront and long side is the side. Mr. Buehl also stated the assessment is 00 high. Mr. Kriesel further discussed the policy the City has had in th past. Mr. Biessener requ sted the no parking stipulation be changed from the south side of Mulb rry St. to the north sides. Motion by Councilmembe Kimble, seconded by Councilmember Opheim to adopt the appropriate resolu ion approving the plans and specs for L.I. 254, improvements to Mulber y St. (Resolution No. 8344) Ayes - Councilmembers odlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None Motion by Councilmembe Kimble, seconded by Councilmember Farrell to change Resolution No. 8337, b prohibiting parking on the north side of Mulberry St. ~ from No. Fourth St. to the vacated portion of No. Holcombe St. (All in ~ favor). 1. ire Code recommendations re ardin ca acity for aurant, Stlllwater Yacht Club. lzed the comp1alnt an events regarding this item. He onflict in the number of occupants allowed by the Fire 1 Use Permit issued by the Planning Dept. If there is ecia1 Use Permit, the DNR also has to be notified and to go through the Planning process for a change in the Motion by Counci1membe Kimble, seconded by Councilmember Farrell to table the Board of Appeal for Po eye's Restaurant until issues regarding the Special Use Permit are settled. (11 in favor). 2. Com 1aints regardi easement & walkway on vacated Oak St. between Grove and Hemlock Street . Clty Attorney Magn son reviewed the background on this case and presented three options rega ding the right of children to walk on the vacated street, namely: 4 e e Stillwater City Council Minutes Regular Meeting August 21, 1990 a. allow the vacation to stand as is and leave the parties to determine their various rights in the easement reserved in the vacated street; b. interpret the reserved easement to include a pedestrian easement by implication for the maintenance of municipal utilities; c. decide that the Council was mislead or mistaken and that they should take corrective action by preparing an amended resolution vacating the street. Jerry Cadwell, 322 So. Grove St., originally requested the vacation and stated children could walk through the vacated street, but they would also have to walk their bikes. He also stated some of their private property has been taken. Roxanne Olson, 403 So. Hemlock St., stated there is no more traffic going through the area now than before, they have asked the children to slow down because they don't want to be liable for any accidents. e Mary Ness, 1321 W. Olive St., stated that all they want is an easement for the children to pass through to school. She further stated children have been using this pathway for many years. Discussion followed regarding the placement of a pedestrian easement, the meandering of the utilities and a suggested fence to define the walkway. Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to adopt the appropriate resolution amending Resolution No. 8107 vacating part of Oak Street to include a pedestrian easement. (Resolution No. 8107) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None - Motion by Councilmember Opheim, seconded by Councilmember Farrell to instruct the Public Works Dept. to post the vacated portion of Oak St. as a pedestrian easement only (no bicycles) All in favor. Council recessed for five minutes and reconvened at 9:17 P.M. 3. Resolution Authorizin~ concurrent Detachment & Annexation of Certain Lands located in the City 0 Oak Pk. Heights, (in re ard to Washin ton Co. Gov't. Center . Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to adopt the appropriate resolution authorizing the concurrent detachment and e 5 I I I I Stillwater City Council Mffnutes Regular Meeting August 21, 1990 e annexation of certain lan s located in the City of Oak Park Heights relating to the Washington Co. Gov t. Center. (Resolution No. 8346) Ayes - Councilmembers Bod ovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None 4. Consideration of A re ment with Maxine Benson relatin to the Benson Annexatlon. Motion by Councilmember B dlovick, seconded by Councilmember Kimble to table consideration of the Agre ment with Maxine Benson relating to the Benson Annexation until the Regu ar Meeting on September 4, 1990. (All in favor). 5. Re uest for lease and or urchase of City ro erty adjacent to the Lowell Inn. Motionlby Councilmember K mble, seconded by Councilmember Farrell to continue to lease City property ad"acent to the Lowell Inn with rates to remain the same as in the past until a permanent solution is found. (All in favor). 6. Possible second readi of Ordinance raisin Council salaries. Motion by CounCllmember F rrell, seconde by Councilmember Bo lovick to have a second reading and enactm nt of an ordinance raising Council salaries. (Ordinance No. 736) Ayes - Councilmembers Bod ovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None e 7. Recommendation re ard Motion by CounCllme er F have a first reading of a permit fees as recommende 8. erior re ardin comments on the State Trunk Hi hway nmenta 1m act Statement. helm, seconde y Councllmember Kimble to approve the letter to the U.S. De t. of Interior regarding the environmental impact statement for Minnesota S ate Trunk Highway 36 and Wisconsin State Trunk Highway 64 with the recom nded change and authorizing the Mayor to sign. (All in favor). 9. NEW BUSINESS 6 e e Stillwater City Council Minutes Regular Meeting August 21, 1990 1. Resolution accepting work and Final Payment to Visu-Sewer Clean & Seal, Inc. for televising of Downtown sewers, L.I. 257. Motion by Councilmember Kimble, seconded by Councilmember Farrell to adopt the appropriate resolution accepting work and authorizing final payment to Visu-Sewer Clean & Seal, Inc. for televising of downtown sewers, L.I. 257. (Resolution No. 8347) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None 2. Appointment of members to replace Jack Shelton and Jean Remington on the Downtown Action Committee. Motion byCouncilmember Opheim, seconded by Councilmember Farrell to appoint Dick Slachta and Diane Rollie to fill vacated positions on the Downtown Plan Action Committee. (All in favor). Motion by Councilmember Opheim, seconded by Councilmember Kimble to adopt the appropriate resolution commending Jean Remington for her work on the Downtown Plan Action Committee. (Resolution No. 8348) e Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None CONSENT AGENDA " Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to approve the Consent Agenda of August 21, 1990, including the following: (All in favor). 1. Directin~ Payment of Bil~s (Resolution ~o. 8338) . Ayes - Councllmembers BodloV1Ck, Farrell, Klmble, Ophelm and Mayor Abrahamson. Nays - None 2. The following Donahue Roofing 754 Paperjack Dr. New Richmond, Wi Contractor1s Licenses: Roofing New 54017 Fredkove Const., Inc. 4220 Osgood Ave. No. Stillwater, Mn. 55082 General Contractor Renewal William Hayes Construction 920 Pond View Ct. White Bear Lake, Mn. 55110 General Contractor Renewal Husnik Sewer Service 281 W. Cottage Dr. Excavators Renewal e 7 Stillwater City Council Minutes Regular Meeting I[ August 21, 1990 e Shoreview, Mn. 55126 Woodland Cabinet Const. 11596 St. Croix Trail No. Stillwater, Mn. 55082 W. T. Simonet Plumbing & Htg. 5976 Stagecoach Trail No. Stillwater, Mn. 55082 General Contractor Renewa 1 General Contractor Renewal 3. A lication for Waiv r of Garba e & Rubbish Collection Char e, Code No. 3- 6 . 4. 5. Set Public Hearin D te of Se tember 4, 1990 for the followin Cases: a. CASE NO. V/90-43 - Variance to the maximum lot coverage for all accessory buildi gs on a lot (1,000 sq. ft. required, 1,350 sq. ft. proposed) for th construction of a 960 sq. ft. garage at 936 Fifth Avenue South in he RB, Two Family Residential District. Thomas Corman, Applican . b. CASE NO. SUB/90- 4 - Subdivision of two lots in order to add approxlmately 32 eet to the width of one lot and decrease the width of the other lot by 32 feet. These lots are located on the Northwest corner of the Fr ntage Road and Tuenge Drive in the IP-C, Industrial Park Commercial istrict. Richard Brackey, Applicant. c. CASE NO. V/90-46 - Variance to the fence height requirements on a street side outside the building line (42 inches required, six feet requested) for t e placement of a fence seventeen feet from William Street at 901 We t Pine Street in the RB, Two Family Residential District. Rahul nd Diane Mehra, Applicants. d. CASE NO. SUB/90- 7 - Minor subdivision of a 22,800 square foot lot wlth a mu tl- aml y residence, five units, and residential Carriage House, into two lots consisting of 7,600 square feet with a home and 15,200 square fe t with a residential Carriage House at 506 West Pine Street in the RB, Two Family Residential District. Clark Nyberg, Applicant. " e. CASE NO. SUB/90- 8 - Subdivision of an 8.7 acre lot into two lots of approxlmately 2. and 6.2 acres at the Northwest corner of Washington Avenue and Curve Crest Boulevard in the IP-I, Industrial Park Industrial District, James E. Kellison, Curve Crest Properties, Applicant. f. CASE NO. V/90-49 - Variance to the sign location requirements (15 feet required, one fo t requested) for the placement of a four foot"eight inch monument si n at 1809 Northwestern Avenue in the IP-CI, e 8 e e Stillwater City Council Minutes Regular Meeting August 21, 1990 g. Industrial Park Commercial One District. James E. Kellison, Curve Crest Properties, Applicant. CASE NO. SUP/90-50 - Special Use Permit for wholesale auto parts distribution for use located on the northwest corner of Curve Crest Boulevard and Washington Avenue in the Business Park Industrial District. Curve Crest Properties, Applicant. STAFF REPORTS (Continued) 1. Public Works Dept. Purchase of Snowplow Motion by Counci1member Kimble, seconded by Counci1member Farrell to approve the purchase of a snowplow for the Public Works Dept. at an approximate cost of $10,000. (All in favor). Replacement of Gas Tanks Motion by Councilmember Kimble, seconded by Counci1member Farrell to approve the replacement of gas tanks at the Fire Station and purchase of a suction pump at an approximate cost of $12,180. (All in favor). e Replacement of Catch Basin at Martha & Wilkins St. Motion by Councilmember Bod10vick, seconded by Councilmember Kimble to approve the placement of a new catch basin at Martha and Wilkins St. at an approximate cost of $655. (All in favor). Demolition of Old Baptist Church, 4th & Pine Streets Motion by Counci1member Farrell, seconded by Counci1member Bodlovick to advertise for bids for demolition of the Old Baptist Church at 4th and Pine Streets. (All in favor). 2. Consulting Enfineer Replacement 0 Sidewalks Mr. Moore presented information to Council showing sidewalks in the City that need repair adjacent to streets that are not in need of repair. No action was taken. Request MnDOT to participate in Downtown Improvements, L.I. 257 Motion by Counci1member Farrell, seconded by Councilmernber Bodlovick to adopt the appropriate resolution requesting Minnesota Dept. of Transportation participation with the downtown improvements. (Resolution No. 8349) Ayes - Councilmembers Bod1ovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None 3. Community Development Director e 9 Stillwater City Counci Minutes Regular Meeting August 21, 1990 e Annual Conference o OV1C , seconded by Councilmember Kimble to authorize attendance 0 the Building Official at the annual conference in Denver. ( All in favor . 4. Finance Director Set Date for Final Ado tion of 1991 Budget. Motion by Councllme e Bo 10V1Ck, secon e by Councilmember Farrell to set the public hearing dat for adoption of the final 1991 budget-for December 18, 1990, with December 19 1990 as a back-up date. (All in favor). 5. City Coordinator Club when they Paintin of Water ank in Industrial Pk. CounCl was alerte to the palntlng 0 the water tank in the Industrial Pk. and the fluctu tion of water pressure that may occur. This will start about August 27 an last until approximately October 1. A ointments to BC Motion by Councl membe reappoint Mayor Abraha Kriesel as Alternate t effective July 1, 1990 MO _ Kimble, seconded by Councilmember Bodlovick to son as Primary Representative and City Coordinator the Browns Creek Water Management Organization, (All in favor). e 6. City Clerk Claims A ainst the City Motion y Councl me e Opneim, seconded by Councilmember Kimble to refer claims against the Cit from Kathryn Schmidt, Eleanor Waldhauser and Donna Swanstrom to the City. Insurance Agent for processing. (All in favor). Re uest for Banner National Family Week Motion y CounCllmembe Klm e, seconde by Councilmember Farrell to approve the placement of a ban er at Main & Olive Streets from Nov: 12 - 23, 1990, advertising National F mily Week. (All in favor). Chan e of date for First Meetin in November Motion y CounCl membe Bo OV1C , secon e y Councilmember Farrell to move the first meeting in N vember from the 6th to the 13th because of the General Election. (All in fav r). 10 e e e e Stillwater City Council Minutes Regular Meeting August 21, 1990 Meeting of Armory Task Force Committee Comm. Dev. Director Russell announced that the Armory Task Force Committee will meet on August 30 at 4:00 P.M. COMMUNICATIONS/REQUESTS 1. Request from resident to close off the Levee Rd. for park purposes. No action taken. 2. Elizabeth Luedtke, 922 W. Maple St., drainage problem. Motion by Councilmember Kimble, seconded by Councilmember Opheim to refer the water drainage problem of the resident at 922 W. Maple Street to the Public Works Dept. and Consulting Engineer. (All in favor). 3. Sterling McKusick, inquiry regarding extent of improvements in Stillwater in 1991. Council noted that the improvements in the downtown will not affect the plans of the McKusick's for a family gathering. COUNCIL REQUEST ITEMS Mayor Abrahalnson noted that Jennifer Tschumper, representing the Chamber of Commerce, will meet with Mayor Abrahamson and Councilmember Bodlovick to discuss Lumberjack Days problems. ADJOURNMENT Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to adjourn the meeting at 10:13 P.M. (All in favor). MAYOR ATTEST: CITY CLERK Resolutions: No. 8338 - Directing Payment of Bills. No. 8339 - Adoption of Proposed 1991 Budget. No. 8340 - Adoption of Proposed 1991 Tax Levy. No. 8341 - Adoption of 1991 Capital Outlay Budget & Amended 1990 Capital Outlay Budget. No. 8342 - Declaring Costs to be Assessed & Ordering Preparation of Assessment, L.I. 256. No. 8343 - Setting Hearing on Proposed Assessment, L.I. 256. No. 8344 - Approving Plans & Specs for L.I. 254, Mulberry St. No. 8345 - Correcting Res. 8107, Vacation of Oak St. 11 Stillwater City Council Regular Meeting August 21, 1990 I I M~nutes No. 8346 - Authorizing De achment & Annexation of part of Oak Pk. Hgts. (for County Gov1t. enter addition). No. 8347 - Accepting Work & Making Final Payment for L.I. 257, Downtown Sewer televising. No. 8348 - Commending Jea Remington for her work on the Downtown Plan Co~n. No. 8349 - Requesting Mn/ aT participation in Downtown Improvement, L.I. 257. Ordi nances: No. 736 - Raising Council Salaries. 12 e e e e e e ( ~~ SPECIAL MEETING STILLWATER CITY COUNCIL MINUTES August 28, 1990 7:00 p.m. The meeting was'called to order by Mayor Abrahamson. Present: Councilmembers Bodlovick, Farrell, Kimble, Opheim, and Mayor Abrahamson. Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Recording Secretary Schaubach Press: Julie Kink, The Courier Others: Jack Evert, Cherie Berett, Warren Pakulski, Scott Keller, Nancy Putz, Don Valsvik, Gary Funke, Mary Lou Johnson, Richard Kilty, Sis Casanova PUBLIC HEARING 1. This is the day and time for the Public Hearing to consider a possible change to an Election Ward System for the election of Councilmembers in the City of Stillwater, (to be implemented in 1992). Mayor Abrahamson asked Jack Evert, Chairman of the Charter Commission, to give background on the issue. Mr. Evert explained that for the past year the Charter Commission has studied the two systems, at-large and ward, and determined that a recommendation should be made to change to the ward system. He stated that the ward system would bring city government closer to the people, and make campaigns easier which would increase the number of people running for City Council. Mayor Abrahamson asked for comments from the audience. Sis Casanova stated that the Council should make decisions for the entire City, not just a ward.. She also is not in favor of the Grandfather clause. She stated that the issue should go to referendum, and the public should be further educated on the issue. Nancy Putz, former Charter Commission member, stated that the recommendation was thoroughly thought out by the Commission. Mayor Abrahamson closed the Public Hearing. Councilmember Bodlovick asked for an explanation of the Grandfathering clause. Mr. Evert explained that present incumbents could run one time in a ward in which they do not live. If the ward system was adopted, each councilperson would be assigned to a ward, then allowed to run one time in that ward. The grandfathering would be completed in 1996. 1 , ) stillwater City Co ncil Minutes Special Meeting August 28, 1990 e Council discu sed with City Clerk Johnson the cost of changing to a ard system and notifying the citizens. Mayor Abrahamson d scussed two letters from one individual requesting mor information. City Attorney Magnuson addressed several of the questions contained in the letter. The Council di cussed with Mr. Magnuson the proper action to take to have he issue go to referendum and let the voters decide. Motion by Counc Bodlovick to refe the City of Stillw for consideration lmember Kimble, seconded by Councilmember the issue of changing the election system in ter to a Ward system to the Charter Commission f a possible referendum. (All in favor) OTHER BUSINESS Resolution a Election Jud es Motion by Councilm mber Opheim, seconded by Councilmember Farrell to adopt the appro riate Resolution, amending Resolution No. 8238 .. and adding the n mes of Winifred Mohr, Jeanette Nelson, Todd ~ Nelson, and ColI en Chicone to the list of Election Judges. (Resolution No. 83 1) Council discu sed the minutes of the Oak Park Heights City Council meetin of August 24, 1990 during which that Council voted against annexation of property to the City of Stillwater. Council Minutes Ayes - Councilmemb rs Bodlovick, Farrell, Kimble, Opheim, and Mayor Abra amson Nays - None Oak Park Hei Lawful Gamblin License Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to approve the Application for Exemption from Lawful Gambling License for the Stillwater Knights of Columbus - Council 1632. (All in favor) Letter to DNR Motion by Council to adopt the appr the letter to revision process. ember Opheim, seconded by Councilmember Farrell priate Resolution authorizing the Mayor to sign he Minnesota DNR concerning the DNR's rule (Resolution No. 8352) e 2 e e e ,. stillwater City Council Minutes Special Meeting August 28, 1990 Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim, and Mayor Abrahamson Nays - None ADJOURNMENT Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to adjourn the meeting at 8:05 p.m. (All in favor) MAYOR ATTEST: CITY CLERK Resolutions: No. 8351 - Amending Resolution No. 8238 appointing election judges No. 8352 Authorizing Mayor to sign letter to DNR Submitted by: Shelly Schaubach Recording Secretary ~~ e e e SPECIAL MEETING STILLWATER CITY COUNCIL MINUTES August 31, 1990 4:30 P.M. The Meeting was called to order by Mayor Abrahamson. Present: Councilmembers Bodlovick, Kimble, and Mayor Abrahamson. Absent: Councilmembers Farrell and Opheim. City Attorney Magnuson Consulting Engineer Moore City Clerk Johnson Also Present: Press: None Others: None AWARD OF BID FOR L.I. 254, MULBERRY STREET Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to adopt the appropriate resolution awarding the bid for construction of L.I. 254, Mulberry St., to C. W. Houle, Inc. in the amount of $283,837.10; and authorizing the Mayor and Clerk to sign the contract. (Resolution No. 8353) Ayes - Councilmembers Bodlovick, Kimble and Mayor Abrahamson. Nays - None DESIGN VARIANCE FOR MULBERRY ST., L.I. 254 Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to approve a variance be filed with the State Aid Dept. for the design of Mulberry St. (All in favor). WHARFAGE PERMIT FOR MIDWEST PARASAIL Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to approve a Wharfage Permit for Midwest Parasail. (All in favor). WHARFAGE PERMIT FOR THE LADY CHATEAU Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to approve a Wharfage Permit for the Lady Chateau. (All in favor). PLACEMENT OF A STOP SIGN ON WILLIAM AND WILLARD STREETS Motion by Councilmember Kimble, seconded by Councilmember Bodlovick, to adopt the appropriate resolution for the placement of a stop sign on William St. at Willard St. (Resolution No. 8354) Ayes - Councilmembers Bodlovick, Kimble and Mayor Abrahamson. Nays - None 1 Stillwater City Council M nutes Special Meeting August 31, 1990 e ADJOURNMENT Motion by Councilmember K mble, seconded by Councilmember Bodlovick to adjourn the meeting at 4:40 P.M. (All in favor). MAYOR ATTEST: C I L RK Publish: September 13, 1 90 e 2 e / / / e STAFF REQUEST ITEM DEPARTMENT~J7~?_____~~L?_________ MEETING DATE ~ll~-t~~----- DESCRIPTION OF REQUEST (Briefly outline what the request is) --------------------------------------------------------------------- . /) __1_-:::::.._ ;5A2J.iL?:L__D.../z / -Pdi..___l~_Ec_..f.?::l..ti~b.8_nQ/.!::~___________ ________~~~~?f~~~~____________________________________--- --------------------------------------------------------------------- --------------------------------------------------------------------- --------------------------------------------------------------------- --------------------------------------------------------------------- --------------------------------------------------------------------- --------------------------------------------------------------------- --------------------------------------------------------------------- e --------------------------------------------------------------------- -------------------------------------------------------------------- FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed t.:. fl.md the t~eql.lest) () . I' ___C.M'l.fl2~--Q{-.!.Z1i..~-J:g:td~~~Y:---O----_.~/A-@:---------- --------------------------------------------------------------------- -------------------------------------------------~------------------- --------------------------------------------------------------------- --------------------------------------------------------------------- e ADDITIONAL INFORMATION ATTACHED YES-~_ NO ALL COUNCIL REQUES ITEMS ~~~I BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE 0 KING ~YS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEE:TING DER T E LACED IN THE COUNCIL M~7AL PACKET. SUBMITTED BY --'~ Q"&;#~_____ DATE }Llt?A(J------ E.~.~:;:,,[.D'"'.~~\!~IlJ. :"1'lPIIQ:1.. ..--....~ . 'M I BASSAI f.~~:~~:~~ -- -l~ 10 Lily Lake Arena Stillwater, Minnesota 'j I I your reference Quote firm for Smart Drive 60 days itCr1l no" qty. model/part no" 1 1 Smart Drive (U.S. Patent i 4,700,548) '- L J I . I I . J J J payment terms: ] BASSAI LIMITED 3370 South Service Road. Burlin9ton. Ontmio L7N 3M6 Tel: (416) 632-3008 Fax: (416) 333-4070 U"SA 1-800-263-5191 QUOTAr ION IWfVlIJEn: PO TO Quotalion dale May 30/89 please address inquiries and replies to Becker and Associates, Inc. 6975 Washington Avenue South, Edina, MN 55435 1-800-234-5522 Att'n~ Jim Becker fwL sales tax provo srdes tax Dextra 0 extra [J illr:illded [J included XX 11,,1 rWl'lic:.illl' XX 11(lj npplir:nhle Lo.b. point Burlington, Ontario description unit price Supply only, one Smart Drive refrigeratio controller designed to operate: one 20 hp, 460 volt, 25 Amp brine pump motor - one (1) Ranco pres~ure control (Model i 010-1402) l2-50 psig, SPST, Opens Low - Supervisor for three (3) days.......... \ Net 30 Days delivery schedule:. 4-6 weeks recommended shipping method: Bafisai ~~ by: SD89-100-MN Suite # 235 duty Dextra ~ included o not applicable total I) / Y'1trD $1-4-; uuu-:1)O ( US) ~ ~] r] J] I I~ I] J f]' 1- !-J.l SEASON WINTER PRESENT $ 2244 I SMART DRIVE $ 6'73 $ 1571 -] ---------------------------------------------------------------------- J SPRING/FALL PRESENT $ 1347 . ] SMART DRIVE $ 471 ---------------------------------------------------------------------- ~ SUMMER PRESENT $ 1122 SMART DRIVE $ 449 $ 673 ---------------------------------------------------------------------- 1] TOTAL ~ NOTES !1 ~mt l.~...""""~:a.~_"'':"I;.o~n.Jor.".'lft.;~_f~...~~I..r_.. .-'"':".~.'~ ~.--;..-......:.-...-..-. ......~ SMART DRIVE BRINE PUMP CONTROL ENERGY ANALYSIS Following is an energy analysis which aetails the estimated electrical and refrigeration savings potential by installing a SMART DRIVE brine pump contre The SMART DRIVE is designed to take advantage of the centrifugal pump laws by varying the pump speed,flow and horsepower in response to the actual heat load on the ice. In particular, as Hp varies with the cube of the speed,a slight decrease in speed will result in a significant reduction in horsepower. For example, reducing the speed (and flow) of the pump by 30% results in a power savings of 66% !!! SITE DATA : ---------- ---------- Facility .....LILY LAKE ICE ARENA Months of operation ..... 10.5 Refrigeration system.. ...Freon - brine <COP = 2.23 ) Electricity rate 2.69 cents/kwh Brine pump Hp = 20 Kw = 16 Volts - Amps = motor 460 25 \ ====================================================================== BRINE PUMP CONTROL OPERATING COST ENERGY SAVINGS ---------------------------------------------------------------------- $ 875 PRESENT SMART DRIVE ,$ 4'713 ,$ 1593 $ 3120 ====================================================================== 1. Operating cost includes the electrical cost to run the pump motor plus the heat load created through pipe friction 2. See attached technical bulletin for engineering formulas and details on calculations. ...... +.- -. . ~- 4Itroject Economics Following is a breakdown of tpe economics of implementing the recommended energy conservation procedure: Project Cost Savings 1. Smart Drive $14,000.00 $ 3,120.00 Payback 4.48 yrs R.O.I. 22.3% In order to appreciate the effect this project has on the operation of this facility, let us examine the accumulated energy savings over 5 years (based on an annual energy rate increase of 5%). Year Energy Savings 1 2 3 4 5 e $ 3,120.00 $ 3,276.00 $ 3,440.00 $ 3,612.00 $ 3,792.00 Total $17,240.00 . \ ., I Therefore, by implementing the above recommend~tion, this facility will have accumulated $ 17,240.00 in energy savings over a 5 year period. e . . J 3ASSAIWESTERNINC. I_Nil/OLD DRIVE NW .~. ALBERTA T3A 3W5 TEL. (403) 239-0533 FAX. (403) 241-0631 r:~~~~"""''''I].~..1tin!II BASSAI BASSAI LIMITED 3370 SOUTH SERVICE ROAD BURLINGTON. ONTARIO L7N 3M6 TEL (416) 632-3008 FAX. (416) 333-4070 May 19, 1989 Mr. Robert Bielenberg Lily Lake Ice Arena 1208 South Greeley Stillwater, MN 55082 USA Dear Mr. Bielenberg: As co-inventor, Inc., we wish to patents: developer and majority shareholder in Arena Energy systems advise you that the Smart Drive is protected by the following \ 1. United states Patent if 4,700,548 entitled "Control Apparatus For Ice Rink Refrigeration Equipment" dated October 20, 1987. e 2. Canadian Patent jf 1,246,714 entitled "Control Apparatus For Ice Rink Refrigertion Equipment" dated December 13,1988. Bassai Limited of Burlington, Ontario, Canada, is the sole source for this product in North America. The Smart Drive is manufactured exclusively for Bassai Limited by Smart Drive Systems Inc. of Mississauga, Ontario, Canada. Mr. Richard Roche, Vice President of Smart Drive Systems Inc. is a co-inventor of this product. Yours truly, BASSAI LIMITED R~,,~ Russell Blades, CET President RElsb e e Memo to: Mayor a~d City Cou~cil Frc~: City Coordi~ator Re: Policy O~ Use Of Lowell Park Levee Da: September 14, 19ge The Stillwater Port Authority has asked the City to develop a policy regarding the use of the Lowell Park levee, especially as it relates to cc'mmer'ci al operat iCIl'IS. . Based on i l'lqui ries a'nd actual appl icat iClrls fc,"(' wharfage permits for the 1991 boating seaso~ (the City has already rec- eived tvKI appl icat ic<l"IS for 1991 and I am avla'r'e of thi"ee more char-'terl excursion boat operators that will probably be applying for permits next year) there could be some problems in terms of activity. I would recomm- el'ld that Steve Rl.lSSell be directed to meet lo'lith arid a!:"sis"t the Authoi"ity e tCI develop a written policy for the use of the levee. As you k~ow Steve helped develop the Dm'/rltolo'/rl PIal's al'ld the waterfrcll'lt y/as orle clf th~, area!:" that Steve and the Downtown Plan Committee looked at. He would therefore have a good knowledge base to start with. I have talked to Steve about this matter and He is willing to assist the Authority depending on workload and Council priorities. <"" ?/c.~......'.......' .. .. . . . . . . - -. ..... .......... .... e " I e e e ~il~(lt~r ~ - ~ THE BIRTHPLACE OF MINNESOTA J P aA.U 'D p~. 5ep~. /tJ, J990 Pum.U4. ~o cofl..d.Wlte alchohol.ic beve/t.alj-e<J. .i44",ed ~nce la.4-t /1.OUf.ica.t:..ion: qaA.~ 9",nke & pa-tZ~ - P.iOt1.ee/t. paA.k - 5ep~. 19,/990 - 6-9 p.m. 10 people 'Diane Pak""'-4k.i - p.ionee/t. paA.k - Sep~. 29, J990 - /1.Oon - >:00 p.m. - 20 people. ?-oe.l. R. Slekl-tM 5",pt-. pa/t.u CITY HALL: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 @ (~...~ . : i11YYater '~ _AII'_ - ---~. THE 31RTHPL.I\Cc OF MINNESOTA i'J ~ 5 '30 "~\O)~t~ ~. .A:}, \~' GORDON SEIM FIRE CHIEF DAVID MAWHORTER _UBLlC SAFETY DIRECTOR POLlCE CHIEF DEPARTMENT OF PUBLIC SAFETY DIVISION OF FiRE BOARD OF APPEAL You have been written ~or violating the Uni~orm conditions are a misdemeanor oxzense and have compliance to ~his code. Fire Code. These to be abated by I~ you ~eel the conditions o~ this letter are unreasonable or uniai~, you have the right to review your case in zront oi the Board o~ Appeals. In the City oi Stillwater the board is the Mayor and the City Council. You must in~orm the Stillwater City Clerk at 212 Nort~ 4th Street, in wr1ting, oi your intent to appeal within 30 days oi the date of this letter or letter o~ violation. e A~ter reviewing your case, the board has the author~ty to gran~ a variance on all or part of the conditions, if they xeel the situation warrants it. Ii the appeal board denies your appeal, the conditions will have to be abated by compliance or court hearing. e 212 ~Jorth Fourth Street. Stillwater. Minnesota 55082 Police Phone: 512-439-i314 or 612-439-1336 Fire Phone: 612-439-6120 August 27, 1990 Still~ater City Cl,rk 212 North 4th St, Stillwater, MN 55 82 To Hhom It M.uy I would like a violation I am my shop e accused of. time as to whee I can appeal the in this letter are years ago. f~zu~ 4/t Patrick Kohoutek Quality Auto Body 501 North Main St. Stillwater, MN Boat I spent $20,000 building I feel the conditions stated e e e e e PROCEDURE FOR FIRE CODE APPEAL 1. Opportunity must be afforded all parties to present evidence and argument. 2. Witness need not be sworn. 3. City should proceed first. 4. Kahoutek should proceed when City is finished. 5. Council must admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent persons in the conduct of their affairs. Council may exclude incompetent, irrelevant, immaterial and repetitious evidence (Administrative Procedure Act M.S. ~14.01, et all. 6. Variance may be granted if there is substantial compliance with the provisions of the Fire Code, the safety of the public and the occupants of the building will not be jeopardized, and undue hardship will result to the applicant unless the variance is granted (M.S. ~299F.011). 7. Findings should be made and they should be supported by substantial evidence. (M.S. ~14.69). 8. City Council is not liable for damages in connection with granting variances if they are made in good faith. (M.S. ~299F.011, Subd. Sa). e August 27, 1990 Still~ater City Clerk 212 North 4th St, Stillwater, MN 55082 To Whom It May Concern: I would' like a date and time as to when I can appeal the violution I am being accused of. my shop to code five ye~rs ago. in this letter are unfair. ~~J/ a~~2fj~ e Patrick Kohoutek Quality Auto Body and Boat 501 North M~in St. Stillwater, MN 55082 e I spent $20,000 building I feel the conditions stated @ ~....~ DAVID MAWHORTER PUBLIC SAFETY DIRECTOR POLICE CHIEF tilIYYater ,A, 5 '3 l"-<Yt. O.Q>. o \ l1 t / Ih. "0 l', \. I~~" / ft7t ~ GORDON SEIM e FIRE CHIEF THE 3IRTHPL.A.Cc OF MIN~.ESOTA .~ DEP} RTMENT OF PUBLJC SAFETY DIVISION OF FiRE BOARD OF APPSAL You have been writt n Ior violating the UniIorm Fire Code. These conditions are a mi demeanor oIIense and have to be abated by compliance to ~his cod . II you Ieel the condi~ions of this letter are unreasonable Dr unIair, you have the right to review your case in front of the Board OI Appeals. In the C'ty of Stillwater the board is the nayor and the City Council. You mu t inform the Stillwater City Clerk at 212 Nort~ 4th Street, ~n wr~ting, of your intent to appeal within 30 days of the date of this lette or letter of violation. e AIter reviewing your case, the board has the authority to gran~ a variance on all or par~ OI the conditions, if they ieel.the s~tuation warrants it. .t.." ... II the appeal board enies your appeal, the conditions will have to be abated by compliance or court hearing. e 212 ~Jorth Fourth Street. Stillwater. Minnesota 55082 Poli e Phone: 512-439-1314 or 612.439-1336 Fi e Phone: n1?-J~N-h1?n \' e e e r , ORDINANCE NO. AN ORDINANCE AMENDING THE STILLWATER CITY CODE BY AMENDING CHAPTER 33, SUBDIVISION 4 THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. Amending. Chapter 33, Subd. 4 of the City Code of the City of Stillwater, Minnesota is amended to hereafter read as follows: "Subd. 4: Building Permit Fees and Plan Checking Fees. Each application for a Building Permit shall be accompanied by a fee for the proposed construction in an amount equal to the fee that the city council shall establish from time to time by resolution." 2. Saving. In all other ways the Stillwater ~ity Code shall remain in full force and effect. 3. Effective Date. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Dated this 18th day of September, 1990. Wally Abrahamson, Mayor Attest: Mary Lou Johnson, Clerk e e e RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER that the fees for Builidng Permits are hereby adopted effective immediately, according to the Schedule attached hereto as Exhibit "A" and made a part of this Resolution. Dated this 18th day of September, 1990. Wally Abrahamson, Mayor Attest: Mary Lou Johnson, Clerk .., FEE FEE tYOItJ I 7ji If( I .. VALUATION lYocJ 1/(/91 VALUATION - 1 500 = $10.00 )2..50 16.00 13,001 - 14,000 - $10if. SO Iz.g)? /53,lJV 11.301/4.2D - 501 600 = /7. DO 1 (, . 0 () 1 - 15,000 110.50 /3lP .25 /{P2.YP e 601 700 = 12.60 I.~ 80 /900 15,001 .. 16,000 = 116.50 /43.75 /? { .. v-o I 800 13.90 J ?.yS 16,001 17,000 122.50 )57.2.5 / &'0 (iO 701 ;LI. 00 - = 801 900 15.20 /1/0 ;13" ()o 17,001 - 18,000 = 128.50 /58 .75 fYi1 ro 901 1,000 = 16.50 Jo 7.5 J600 18,001 - 19,000 = 134.50 I /.plo ,;;'5 J 9 g ov 1,001 1,100 = 18.10 23 001cJ7. 00 19,001 - 20,000 = 140,50/73.75 do? v-u 1,101 1,200 19.70 ,{c!351~g 00 20,001 - 21,000 146.50 /fl.25 d-I /.;; trb ! 1,201 1,300 21. 30 ;>lP / 513l' 0:.\ 21,001 - 22,000 152. SO:, gg.?E ;2J:; tr(; 22,001 23,000 15 8 . 5 0 /9 (;.2.5 )3 L\ 1T" 6 1,301 1 , i.O 0 = 22.90 ,)19.5 I 33 CD - ~97S13500 1,401 1,500 = 24. SO 23,000 - 24,.000 164. SO )o3.7S LJ 3 crz, 1,501 1,600 26,10 .) I ;;5 31" tJO 24,001 - 25,000 170. SO )/1.2$ \ - -- 1,601 1,700 = 27.70 3.335 3900 25,001 - 26,000 175.00 2/1..-75 l-5~.So 1,701 1,800 = 29.30 )5/5 41 00 26,DOl - 27,000 = 179 .50 22z..Z5 ~h5J)o ...., .-; "" e L801 1,900 = 30.90 3~.f5 4300 27 ,001 28,000. = 184 . 00 22 7 7 S ;;. ') J 50 1,901 2,000 32 75 '-/:; 00 28,001 29,000 188.50 Z,? z..5 ")7f crv = 32.50 - . ~ S~,o/;J )Rtj.5o ~ , 3S:-50 4(., z., 2,001 3 ,OOG-= 29,001 - 3 0 ~" 000 193.00Z3J7~ ., I ~ ~?5 (p~ . 0-0 "\" 3,001 4,000 = 44.50 30,001 31,000 = 197 .50 2~42.S rT'1'. tr.) 4,001 5,000 = 50.50 (P/?5 72..O-V 31,001 :::. 32,000 = 202.00 iY9 Jj" )97 So 5,001 6,000 = 56.50 t 9 00 J J - cro 32,001 33,000 206 . 5 0 2S12.5 3~~.. /:c 6,001 7,000 62.50 71;, d.-5 ~ D /J"V 33,001 34,000 211. 00 '2f;>o 7 ~ 3\ 0.50 ". 7.001 8,000 = 68.50 ~.75 QC 34,001 35,000 215,502/s.'D Bn 00 Ii. rr; - '- 8,001 9,000 = 74.50 9/25" IO~.lJo 35,001 36,006 = 220.00 271 7S 52.3-50 "9~.75 , 9,001 10,000 = SO.50 1/ 7. 00 36,001 37,000 - 224. SO 277 z5 3~o, t-...c.~ ~" . " " .- 10,001 11,000 86.50 IO(/)~ J 2.(,. Ct"O 37,001 38,000 229 . 00 '221- 75" ., - 6 ~,.. = ,;~, ..J 11,001 - 12,000 = 92.50 1/3.7.5 )35 a IJ 38,001 39,000 = 233. ~O zg;; 25 I 3(3 6() 12,001 - 13,000 98.50 /J./.2-, ILJtr u 0 39,001 40,000 238.00; 29375)349 {c e \ r . \ '"'f0,901 \ ~1,001 41,000 = 42,090 '/'/7/ 242. SO ZQ0 25 35~00 70,001 = 247.00 30476 3"-2--So 71,001 251.50 3/o2S 3G,'rtro 72,001 - 256..0031575 37:;-'50 73,001 - 42,001 - 43,000 = 4t 43~~01 44,000 = 44,001 45,001 46,001 47,001 48,001 e 49,001 50,001 51,001 52,001 53,001 54,001 55,001 56,001 57;001 58,001 59,001 60,001 61. 001 62,001 63,001 64,001 65,001 66,001 67,001 68,001 e 71,000 72,000 73,000 74,000 I = 346. 00 ~..? 7:;1> I So9,(jb = 349.00 -431,;2.5! 513.50 = 352.00 -'\3,. 00 ~\~ (TO = 355.00 438.7S-' 522" ~ 358,00 442.50 5Z7/h; = 361. 00 14U-5 53,.So 364.00 450 l.O .53bO-V 367 .00 4S3. 7 5~o50 370.00 4.57.50 5LfS()6 = 373.Q 4lP/2..5 549.50 = 388.0 420(fl) 1,57;1,00 = 403,or; 41$75 594.;0 5i75o c,q .00 45,000 46,000 47,000 48,000 49,000 50,000 51,000 52,000 53,000 54,000 55,000 56,000 57,000 58,000 59,000 60,000 61,000 62,000 63,000 64,000 65,000 66,000 67,000 68,000 - 260.50:.52-12.5,3;z..cjo 7LI,OOl - 75,000 = I = 265.00}2t,.75'?2t.5/) 75,001 269.50 332.25.3'15:,,-,,) \76,001 274, OO! 3377S: 10/.50 \77 ,001 I .! 278 . 5 O! 3Ll3 ~5 10;1 M 7 S 001 I' j , I 283. 00 3~J.5 \ 1/rj S-O i79 ,001 , 286,OO[ 352,50 411 v D I I : = 259. 00135~ z.S '423:50, I 292.00i 3bOoo 'fz~.~ = 295 .00 3(g3.7.5 432.50 = 298 . 00 3t, 7.50 4'3'1. 00 3, DO ('low = 301 00'\371, 25 4-4/...50110ver $10.0,000 .- add $3.50 for each 7.I.L' . . L. ,? ...d fJ.~ -lx;. = 304.00i3i5.oo 1f{,J.n7 additional $1,000 or any fraction 191 307. 00\3?9.75 ~.5;.~o thereof. = 310.00\ 3&'2.50 114.56, ()o i I ') 313. oo! 201. ,.51451-5$.4/ t -!;- % ~./ -rft..zb/P") /'t-b"~u~ 1-'0f,J:J I' () pt. . . I = 316 .OO~ ~'10.oo ~1b1.a;; . 1 : 319 .001393.76 ~bd'50 1 I I ! I , ," 322.00:397.50 ~4?300; i ! j I ., = 325. 00\4c1.2S ;41750 ~ 328. OOi 405/00 K&l 00: I I , = 331.00!4oS.7S 4 Rt,5o'j 331,. OO! 412. .5D 491 bv I 337.00\4/('..)547'"50 ! I = 340. ooi 42..0(/0 500 00 69,000 69 , 001 70 , 000 = 34 J . 00 'I3,7S!50 If. 50 76,000 77,000 78,000 79,000 80,000 85,000 90,000 95,000 = 100,000 53";6 1039.50 e Recommendations For City of Stillwater, Minnesota $1 ,350,000 General Obligation Capital Outlay Bonds, Series 1990A e e Study No. 3698 SPRINGSTED Incorporated September 11, 1990 SPRINGSTED PUBLIC FINANCE ADVISORS e 85 East Seventh Place, Suite 100 Saint Paul, MN 55101-2143 (612) 223-3000 Fax: 612-223-3002 September 11, 1990 Mayor Wallace L. Abrahamson Members, City Council Mr. Nile Kriesel, Coordinator City Hall 216 North Fourth Street Stillwater, MN 55082 Re: Recommendations for the Issuance of $1,350,000 General Obligation Capital Outlay Bonds, Series 1990A We respectfully request your consideration of our recommendations for the sale of the above mentioned bonds. Proceeds of the capital outlay bonds will provide monies to finance land purchases, equipment acquisitions and remodeling work for various departments within the City. This financing will provide for projects approved for 1990 and 1991. The departments and the amounts being funded are shown as follows: e 1990 1991 Total Administration - Finance $ 24,857 $ 10,850 $ 35,707 Election - Voting Machine 100 100 Plant - City Hall 14,025 78,650 92,675 Police 27,360 64,297 91,657 Fire 10,141 4,700 14,841 Civil Defense 20,000 36,000 56,000 Street 59,508 90,000 149,508 Equipment - General 27,595 56,500 84,095 Planning & Inspection 12,000 2,300 14,300 Library 25,409 48,606 74,075 Park 44,553 25,000 69,553 Parking 0 12,700 12,700 Sewer 50,000 100,000 150,000 Land Purchase 169,192 300,000 469,192 Lily Lake 24.000 5.000 29,000 Totals $508,740 $834,663 $1,343,403 Add: Bond Discount 20,000 Costs of Issuance 25.000 Total $1,388,403 Less: Investment Earnings (38.403) Net Bond Issue $1.350.000 e Indiana Office: Kansas Office: Wisconsin Office: 135 North Pennsylvania Street 6800 College Boulevard 500 Elm Grove Road Suite 2015 Suite 600 Suite 101 Indianapolis, IN 46204-2498 Overland Park, KS 66211-1533 Elm Grove, WI 53122-0037 (317) 684-6000 (913) 345-8062 (414) 782-8222 Fax 317-684-6004 Fax (913) 345-1770 Fax: 414-782-2904 City of Stillwater, Minnesota September 11, 1990 e To the amounts authorized for the 1990 and 1991 projects has been added an allowance for discount bidding and bond issuance costs. We have subtracted the estimated investment earnings which will accrue primarily as a result of projects which will not be paid for until 1991, resulting in a net bond issue of $1 ,350,000. The City has issued capital outlay bonds several times in the past. A program of financing two years of capital outlay projects in one single bond issue has been utilized. This approach reduces the costs of issuance and provides a sounder basis for long-range planning. The Council has recently approved the 1990 and 1991 projects included in this bond issue. We concur with this approach of combining two years of financing into a single issue at this time, Debt service levies captified to be made on the City's outstanding bonds have been provided by the City. Those levies are shown in Appendix I, column 8. The principal of the new bond issue has been deferred to provide minimal impact until the drop off of existing debt service levies in 1995. This can be viewed in Appendix I, column 9. The first principal payment will be made from the 1991 levy, payable on February 1, 1993 since the City has already increased its debt service levy to accomodate a balloon payment on an existing issue. The total number of levies involved with this bond issue is eight, starting with the 1990 levy which includes 15 months of interest for the period November 1, 1990 through February 1, 1992, e We are recommending the bonds be dated November 1, 1990, and mature on February 1, 1993 through 1999. Bonds maturing in the years 1998 and 1999, representing $700,000 or 52% of the issue, are callable on February 1, 1997 without penalty, at the option of the City, This will provide the City future flexibility if market conditions warrant a refinancing of the issue. We do not anticipate the call provision will adversely affect the marketability of these bonds, A bond rating from Moody's will again be required. We do not anticipate any change in the City's excellent "A" rating. The bonds are subject to the Tax Reform Act of 1986, which in certain instances, requires rebate and reporting of any arbitrage earnings. There is an exception from the requirements for "small issuers" who issue less than $5 million of tax-exempt bonds during the calendar year. It is our understanding the City does not anticipate issuing more than $5 million of tax- exempt bonds during 1990, and therefore can exempt itself from the rebate and reporting requirements. Also, since the City will issue less than $10 million of tax-exempt bonds during 1990, it will declare these bonds "qualified bonds" under the Act, which enhances their attractiveness to commercial bonds. e We are recommending the issue be offered for sale on Tuesday, October 16, with bids to be received at 11:00 A.M. at our offices in Saint Paul, at which time they will be opened and tabulated. We will present the bids to the Council at your meeting that same day at 7:00 P,M. for Council consideration. The proceeds of the issue will be available to the City in early November. Respectfully submitted, ~~~:~r~:,(i(hr,;U~ mjh Page 2 APPENDIX I e CITY OF STILL~TER, MINNESOTA Prepared Septe.oer 10, 1990 $1,350,000 G.O. CAPITAL OUTLAY BONOS, SERIES 1990A By SPRINGSTEO Incorporated Dated: 11- 1-1990 Mature: 2- 1 Total Total Year of Year of Principal 105.. D.S. Levie. Debt Levy Mat. Principal Rates Interest & Intere.t of Total , 1 OSlls Service (1 ) (2) (3) (4) (5) (6) (7) (8) (9) 1990 1992 0 0.00lls 110,125 110,125 115,631 408,271 523,902 1991 1993 50,000 8. lOlls 88,100 138,100 145,005 429,057 574,082 1992 1994 50,000 8 . 20lls 85 , 050 135,050 141,803 454,879 598,882 1993 1995 100,000 8.3Olls 81,950 181,950 191,048 404,802 595,850 1994 1996 150,000 8. 40lls 75,850 225,850 238,933 383,742 800,875 1995 1997 300,000 8 . 50lls 88,050 368,050 384 , 353 226,818 811,189 1996 1998 350,000 8.6Olls 46,550 398,550 416,378 221,918 838,298 1997 1999 350, 000 8.70lls 23,450 373,450 392,123 220,879 612,802 1998 2000 0 8.80lls 0 0 0 113,883 113,883 1999 2001 0 8.9Olls 0 0 0 112,959 112,959 2000 2002 0 8.95" 0 0 0 111,825 111,825 TOTALS: 1,350,000 578,925 1,928,925 2,023,274 3,088,411 5,091,885 e Bond Years: B,787.50 Annual Interest: 576,925 Avg. Maturity: 8.51 Plus Discount: 20,000 Avg. Annual Rate: 6.585" Net Interest: 598,925 N.I.C. Rate: 8.793lls Interest rates are esti..tes; changes ..y cause significant al~_rations of this schedule. The actual underwriter's discount bid ..y also vary. ISSUE SUMMARY PROJECT COSTS COSTS OF ISSUANCE DISCOUNT LESS: EST. REINVESTMENT EARNINGS $1,343,403 25,000 20,000 (38,403) TOTAL $1,350,000 e "'" -, I:age 3 OFFICIAL TERMS OF OFFERING e $1,350,000 CITY OF STillWATER, MINNESOTA GENERAL OBLIGATION CAPITAL OUTLAY BONDS, SERIES 1990A Sealed bids for the Bonds will be received by the City Finance Director or her designee on Tuesday, October 16, 1990, until 11 :00 A.M" Central Time, at the offices of SPRINGSTED Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. DETAILS OF THE BONDS The Bonds will be dated November 1, 1990, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 1991, Interest will be computed on the basis of a 360-day year of twelve 30-day months and will be rounded pursuant to rules of the MSRB. The Bonds will be issued in the denomination of $5,000 each, or in integral multiples thereof, as requested by the purchaser, and fully registered as to principal and interest. Principal will be payable at the main corporate office of the registrar and interest on each Bond will be payable by check or draft of the registrar mailed to the registered holder thereof at the holder's address as it appears on the books of the registrar as of the close of business on the 15th day of the immediately preceding month, e The Bonds will mature February 1 in the years and amounts as follows: 1993 $ 50,000 1994 $ 50,000 1995 $100,000 1996 $150,000 1997 $300,000 1 998 $350,000 1 999 $350,000 OPTIONAL REDEMPTION The City may elect on February 1, 1997, and on any day thereafter, to prepay Bonds due on or after February 1, 1998. Redemption may be in whole or in part and if in part, at the option of the City and in such order as the City shall determine and within a maturity by lot as selected by the registrar. All prepayments shall be at a price of par and accrued interest. SECURITY AND PURPOSE The Bonds will be general Bonds of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. The proceeds will be used to finance various capital outlay projects for 1990 and 1991 . TYPE OF BID e Bids shall be for not less than $1,330,000 and accrued interest on the total principal amount of the Bonds, and shall be accompanied by a certified or cashier's check in the amount of $13,500, payable to the order of the City, No bid will be considered for which said check has not been received. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted bid, said amount will be retained by the City. No bid can be withdrawn after the time set for receiving bids unless the meeting of the City Page 4 scheduled for award of the bids is adjourned, recessed, or continued to another date without f award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1 %. Rates must be in ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional bid will be accepted. AWARD The Bonds will be awarded to the bidder offering the lowest dollar interest cost to be determined by the deduction of the premium, if any, from, or the addition of any amount less than par, to the total dollar interest on the Bonds from their date to their final scheduled maturity. The City's computation of the total net dollar interest cost of each bid, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non- substantive informalities of any bid or of matters relating to the receipt of bids and award of the Bonds, (ii) reject all bids without cause, and, (Hi) reject any bid which the City determines to have failed to comply with the terms herein. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds, The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Dorsey & Whitney of Minneapolis, Minnesota, which opinion will be printed on the Bonds, and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reasons of the purchaser's non-compliance with said terms for payment. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statement as required by Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement and the Official Bid Form or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any Page 5 Page 6 '" e e e "l CERTIFICATION OF MINUTES RELATING TO $1,350,000 GENERAL OBLIGATION CAPITAL OUTLAY BONDS, SERIES 1990A Issuer: City of Stillwater, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A meeting held Tuesday, September 18, 1990, at _ o'clock p.m., at the City Hall. Members present: Members absent: Documents Attached: Minutes of said meeting (including): RESOLUTION NO. RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $1,350,000 GENERAL OBLIGATION CAPITAL OUTLAY BONDS, SERIES 1990A I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this day of September, 1990. Mary Lou Johnson City Clerk e e e Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $1,350,000 GENERAL OBLIGATION CAPITAL OUTLAY BONDS, SERIES 1990A BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota, as follows: 1. Bond Authorization. For the purpose of financing the cost of various capital projects within the City, the City determines that it is necessary to sell and issue general obligation bonds of the City in the amount of $1,350,000 pursuant to Section 200 of the City Charter and Minnesota Statutes, Sections 475.52 and 475.58. 2. Sale Terms. Springsted Incorporated, financial advisor to the City, has presented to this Council a form of Official Terms of Offering of the sale of the bonds, and a form of Notice of Sale for publication, which forms are attached hereto and shall be placed on file in the office of the Clerk. Each and all of the provisions of the Official Terms of Offering are hereby adopted as the terms and conditions of said bonds and of the sale thereof, and shall be made available to all prospective purchasers of the bonds. The Clerk is authorized and directed to cause the Notice of Sale to be published once in the official newspaper of the City, and once in Northwestern Financial Review, a financial periodical published in Minneapolis, at least ten days before the date of sale. 3. Sale Meeting. This Council shall meet on Tuesday, October 16, 1990, at 7:00 p.m., to consider the bids received for the purchase of the bonds, and to take such actions thereon as is deemed in the best interests of the City. Approved: Mayor Attest: Clerk e e e The motion for the adoption of the foregoing resolution was duly seconded by Member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared passed and adopted. 2 e OFFICIAL TERMS OF OFFERING $1 ,350,000 CITY OF STillWATER, MINNESOTA GENERAL OBLIGATION CAPITAL OUTLAY BONDS, SERIES 1990A Sealed bids for the Bonds will be received by the City Clerk or her designee on Tuesday, October 16, 1990, until 11:00 A.M., Central Time, at the offices of SPRINGSTED Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. DETAILS OF THE BONDS e The Bonds will be dated November 1, 1990, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 1991. Interest will be computed on the basis of a 360-day year of twelve 30-day months and will be rounded pursuant to rules of the MSRB. The Bonds will be issued in the denomination of $5,000 each, or in integral multiples thereof, as requested by the purchaser, and fully registered as to principal and interest. Principal will be payable at the main corporate office of the registrar and interest on each Bond will be payable by check or draft of the registrar mailed to the registered holder thereof at the holder's address as it appears on the books of the registrar as of the close of business on the 15th day of the immediately preceding month. The Bonds will mature February 1 in the years and amounts as follows: 1993 $ 50,000 1994 $ 50,000 1995 $100,000 1996 $150,000 1997 $300,000 1998 $350,000 1999 $350,000 OPTIONAL REDEMPTION The City may elect on February 1, 1997, and on any day thereafter, to prepay Bonds due on or after February 1, 1998. Redemption may be in whole or in part and if in part, at the option of the City and in such order as the City shall determine and within a maturity by lot as selected by the registrar. All prepayments shall be at a price of par and accrued interest. SECURITY AND PURPOSE The Bonds will be general Bonds of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. The proceeds will be used to finance various capital outlay projects for 1990 and 1991. TYPE OF BID e Bids shall be for not less than $1,330,000 and accrued interest on the total principal amount of the Bonds, and shall be accompanied by a certified or cashier's check in the amount of $13,500, payable to the order of the City. No bid will be considered for which said check has not been received. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted bid, said amount will be retained by the City. No bid can be withdrawn after the time set for receiving bids unless the meeting of the City - i - e scheduled for award of the bids is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1 %. Rates must be in ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional bid will be accepted. AWARD The Bonds will be awarded to the bidder offering the lowest dollar interest cost to be determined by the deduction of the premium, if any, from, or the addition of any amount less than par, to the total dollar interest on the Bonds from their date to their final scheduled maturity. The City's computation of the total net dollar interest cost of each bid, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non- substantive informalities of any bid or of matters relating to the receipt of bids and award of the Bonds, (ii) reject all bids without cause, and, (iii) reject any bid which the City determines to have failed to comply with the terms herein. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. CUSIP NUMBERS e If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Dorsey & Whitney of Minneapolis, Minnesota, which opinion will be printed on the Bonds, and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reasons of the purchaser's non-compliance with said terms for payment. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statement as required by Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement and the Official Bid Form or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 223-3000. e The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 1502-12. By awarding the Bonds to any - ii - e e e underwriter or underwriting syndicate submitting an Official Bid Form therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 50 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter executing and delivering an Official Bid Form with respect to the Bonds agrees thereby that if its bid is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated September 18, 1990 BY ORDER OF THE CITY COUNCIL Isl Mary Lou Johnson City Clerk - iii - e e e NOTICE OF SALE CITY OF STILLWATER, MINNESOTA $1,350,000 GENERAL OBLIGATION CAPITAL OUTLAY BONDS, . SERIES 1990A Sealed bids for the purchase of these Bonds will be received at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, St. Paul, Minnesota, until 11:00 a.m., Central Time, on Tuesday, October 16, 1990. The Bonds will be dated November 1, 1990, will bear interest payable semiannually commencing on August 1, 1991, and will mature on February 1, in the following years and amounts: Amount Year Amount Year $ 50,000 1993 $300,000 1997 50,000 1994 350,000 1998 100,000 1995 350,000 1999 150,000 1996 Bidders must specify a price of not less than $1,330,000 plus accrued interest. A legal opinion will be furnished by Dorsey & Whitney, of Minneapolis, Minnesota. The proceeds will be used for the construction of capital projects in the City. Dated: September 18, 1990. BY ORDER OF THE CITY COUNCIL Mary Lou Johnson Clerk Further information may be obtained from the City's Financial Advisor, SPRINGSTED INCORPORATED, 85 East Seventh Place, Suite 100, St. Paul, Minnesota 55101-2143, 612/223-3000. .. ~ " e r illwater ~ ~ -- -r'\. THE BIRTHPLACE OF MINNESOTA J TO: FROM: DATE: MAYOR AND CITY COUNCIL STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR SEPTEMBER 12, 1990 SUBJECT: REQUEST TO USE A PORTION OF NORTH WILLIAMS UNIMPROVED RIGHT-OF-WAY FOR DRIVEWAY ACCESS TO VACANT LOTS 6 AND 7. The request is to use the thirty foot west portion of North William Street, north of Linden Street, to provide access to a vacant 12,000 square foot lot (Lots 6 and 7). The lots meet the size requirements for the R-B District and are flat with overgrown vegetation. Development regulations require that lots must have access to an improved public road. e Adjacent property owners have been notified of the request. If the request is approved, a license could be issued to property owners to use the right-of-way for a driveway, subject to possible future use for a public street. RECOMMENDATION: Approval. ATTACHMENT: Letter - September 4, 1990. e CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 e e RANUM LAW OFFICES, P.A. 104 NORTH MAIN STREET STILLWATER, MINNESOTA 55082 ALBERT E. RANUM KARL M. RANUM ERIC .J. RANUM TELEPHONE (612) 439-4143 September 4, 1990 Stillwater City Council 216 North Fourth Street Stillwater, MN 55082 To the Members of the Stillwater City Council and the Mayor: I am the owner of Lots 6 and 7, Block II, Sabins Addition to Stillwater. Williams Street, which runs North and South, and which is30 feet in width, North of West Linden Street, is the access street to my Lots 6 and 7, and which is unimproved. Each lot is 50 feet in width and 120 feet in depth for a total property size of 100 x 120 feet, on which I wish to build. Water and Sewer are available in West Linden Street. I request that the Stillwater City Council grant me permission to use the Westerly 30 feet of North Williams Street as a driveway access to Lots 6 and 7, Block II, Sabins Addition. I enclose a plat of Sabins Addition, in which includes the lots that I own. If you have any questions in any of these matters, do not hesitate to contact me. Very truly GlS A. E. Ranum Owner e AER:km Enclosure _ r ..., . - 50 I .. 5~ , - \ ~ '" '" \ 0 0 , ;;; r ;;; '... S .... - 'f> '" Y LV...... z ;;; 0 ;;; A tv...., , '" (TI '" , Z to \ - ... \ ~8 \ '50 0 , N. SHERBURNE ST. u> I 0 50 50 79 - I 0 N I 0 >- ~ 0 ~!O i= '" 0 I (, 50 ~IO 50 7 N. OWENS "" 0 _'50 ~ ~ .~o '- v ,c. ..,. '" ~ 3':~ .... 0 0 '" c ~ 0 u> ...., . 0 0 0 110 '" :s:: ro It 0 > Z ^" 0 u> " (j)~ 0 r (TI 0' v , 0 , 0 c ~ H.5 t 50 50 , Q '" 0 0 50 GREENLEY 50 to ....... '- "'"'- '- C> ........ ~ 'K )1 N. to 125 115 (J) 0' 125 11 N. EVERETT 250 .~ .., ~ 0 . . . . I'V 0 ~ .... ~ ~ ~ . f;; . " In ~N .... ~ ~ US 125- ... to> N. ; 0' 125 125 UI ~ ~ - ~ ...P> / r > ~O c ST. :::0 (TI I r '- (t) I " / ;:; I 66 0 ..., I 0 1 1 , 50 / '{;/ .... ~ / I / / / / /R / / . /~ /1 /~ / / / ;/// /~(O / n 'l (, rn \. " , ,/ .... ift I.n _100 10'\0 "" 1'-0 '" ~ ...... ~ - '" '" '" '"' "'- '" ~ 0:>100' ~"~ 10n " '\ \. "" \,\ \\ I , I , , , , 2', m, I I I , /' / . , " , " , (/l ;-i / .... 0 .. C It .~ .... OJ '65 261,:lIiI Jl rI1 VI ;;; m \! "" :::0 C ~ ... Gl, m .... -150 'so ~ It '" (J) , '" '" 0 \\0 110 0 ~ N '" '" 1I\.)1l \l\~'b 50 .... o 0' UI ~ OJ N 0 to .... (J) '" .... 0' UI Cl:> ~ c...s ro- DS'O ....!" .... 0 \)5 o a> Cl:> '" '{; N. WILLIAM .... o ~'15 .... .... .... 0 c- o .... ..., 00 .... 13~ 135- UI .... ... .... '" -..I 150 5C 5C ho OJ N CP 0 (f\ UI N !; 21~ t_'K ~ -" N,c;o ,. '" '" N. MARl HA 0 0 ~ 0 .... ~ -.I 1 'i0 50 51 liO 0' OJ N ~ 5 F (FTH 5 UI " , 4 "" e r iIIwater ~ ~ -\ ~ THE BIRTHPLACE OF MINNESOTA J TO: FROM: DATE: MAYOR AND CITY COUNCIL STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR SEPTEMBER 13, 1990 SUBJECT: AUTHORIZATION TO HIRE DESIGN CONSULTANT FOR PREPARATION OF DOWNTOWN ENTRYWAY PLAN AND IMPROVEMENT PROGRAM. During hearings on the Downtown Improvement Program some concerns were expressed regarding the bluff lighting and entrance signage aspects of the Downtown Improvement Program. e In order to address these "entrance" improvements, the Downtown Action Committee hasreque~ted the Historic Preservation Commission work with Staff and Consultants in preparing an Entryway Plan and Improvement Program. The attached work program and schedule will be followed in preparing the entryway plan. The cost of providing design consultant assistance is $2,500. This cost could be paid out of the Downtown Plan Feasibility Study budget. RECOMMENDATION: Approved of $2,500 from Downtown Feasibility Study account to prepare Downtown Entryway Plan and Implementation Program. ATTACHMENT: - Work Program. e CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 ... e e e "..... ~ DOWNTOWN STILLWATER ENTRY PLAN P.lJD MANAGEME}ll. PROjJ]AM During the public hearings on the Downtown Stillwater Capital Facilities Program, some concerns were expressed regarding the proposed entryway improvements. The proposed improvements are both located at the southern boundary of Downtown. They consist of bluff landscaping and lighting and new entry signage. The purpose of the improvements was to highlight, through lighting, the entry b1uff1ine and to provide a new sign for the new improved downtown. The logo on the new sign is carried through on proposed informational signs. The Downtown Action Committee felt additional study of the entryways is appropriate to make sure the proposed improvements are consistent with the existing natural features, visual resources, and historic downtown. The Downtown Action Committee referred consideration of the entryways to the Heritage Preservation Commission for additional study. Scope of study: It is recommended that all prominent entryways to Downtown be considered. This includes South 95, North 95, Bridge (East) and Myrtle Street (West). Timing: The Entry Plan and Management Program should be completed by the Heritage Preservation Commission for recommendation to the Downtown Action Committee by November 1, 1990. Work Program Elements: Entryway Survey Entryway Goals Entryway P1 an Design Guidelines Implementation Program. HERITAGE PRESERVATION COMMISSION MEETING SCHEDULE September 10 - Review entrance survey results. - Discuss desirable and negative elements of entryways. - Receive comments regarding entrys from meeting participants. uctober 1 - Review and comment on preliminary entryway goals, possible treatments, management recommendations. October 15 - Review entryway plans and Phase I improvements. November 8 - Present Plan and Phase I improvements to Downtown Action Committee. I ! ~yAJ ?ft';l~ ~ ~ ~ I,V) . U""rr R4 f-t --{~r rlof'l ' \.-f ,]I ((;7.-__ /' }I P STILLWATER ~~ - _A_Z~~_ TI: A-- ~.6_; ~:~~..8'JL:€' ' ~' (a \1' ',.>;/' , ;/ r---t.= =.-' ,_~ e-- ,'-:r=VJ.~ Z '.J" '. \\ fI JI ~~ ) ;j l' /~ /' , I, . 'I' r; .. . . \\ \" -z:: -:' - . "'"'''~~! '\~~ i: ~ ~ttP/ /. ~ I rn if ;.= \!'~' ! 114 , 'l ~ CLUB'~;' "~,il (~I /.z A .. ~ * -;- I-!I / ~',~'~ "I' , il" " , _ W u~. 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'/2 ,~ - m ' , I .. ;- ~c. 12= =i(- r,~"( . ,~,:., \(.!',,::' ""1" ~~ 'l) \ III" ~mal\l. J;H-HgH+.J: 8"",\\\-a~' s- .7 \ ' =+= C!il Di; t::;;:::b;: :d::;: LllLU..LJ. 0, ' \ ~ " ( ~1:'/t::j~ ~~~m. SO<XLJj1' &~~" ~,'fIt--:J ~~ ii~;*:, : 'I" ;"~ ',~ ~y \ ~ ,).' _ ... . t . t . ,s 7,,~ ~+ . . 22. ~~- ~ i .,. -< . ~,-,,~-!...... ~9""-!' '.'I'~'--:'2+ ',' 0 'I.' , .~ r= IO",~: 3 ,: III 2 ,: : I ,~ ",. Ii"'~ : ,~ =- v-: ~'" \' .., r- -~-H:-;.:, ~ ~ ~ I>. ::;' .. " ~ ~ =8 C: a[1jj[~iliil~'I.'il1J~;~u,c>~ ~~\ \\ 14 ,., 00 '0"0' 1C15. 06' -----... '2 lim ;~mrilli!H~mEffiJ~ ~', '. '" ~~~I1B~tI,~,~,i'~~,.:- ." \ ~ourrrcru:mV' -.--...a- m. ' 111'1 '1 I 2 'I, -, -~'fI~' "".__~ '\ 11.' \ " ,.! 11.;- I,] J1 ~- I I ~ ~~ --~ . ~\~ ,'f>' , T IIJ. _2 ..-i"'\sl . IT.. " I" ~ ..:- __~ '\..a\'t~:.J;. --"""'c-\ .... . , , ,. nl2..L..:!J~ ......--c.J- ~OH ~;:::..-1 "\ \ e:a, I: :ti+I':' 1112 H ,r I, ~ ~;"~ ~"k~ 26 c::-:~:. \ .~\--.!--I-'- I . *. ':1:1 :::t:': ~ ~ ~ '- ~~ ~l[lfr':' :::~~-: i ',~ ~'~~~~" ~/::~rnID]11I11 d~@~lliill ~~'~~)'~~'" ~~:~~- ~~f. _\-:~:;~~~.\~ ,\\ " R.M~J." IJt.1 ~ ~ ' \ ~ ~T >-.fs -:..-\ ~~~\:' , , "" D ~ I' ~5.!.- '6'. ,2 1 -r,8Vj t'::\.~r-C<:-~!';:::d ~ ~, , ~:..1 ,'" ~ ~ ,: ", ' 'I" ~"'-:::r~~~-n\::=-"J;:;\~ . \ 1\\ T\~)~<_ffi1ffimmI8'1II"'6' ",,' !'!I' Ili~~' '\ "\, ~~_nL_U.r\~~" "II.f-7 ....~ornz<,. ~' . 1 'ilffilJI8 ' ~ 1~1I~ \~~'k , ., { -.- ' lOR'" I' , l' ~llilH<' " ~, , ,," ~ ~ ~ '" . '" ~~~" :: :: J ~ <11"0 11"'1" =i. RI" I. .:.' :':~ ~, jJl_ 'I C',..~ . . . ',iii' . ~ ',: .;> ,,:Il~='. ~ "'2\~ h -= -/ - ~ 1"=~*=F~_~1,1. .., ili~-,,'=Tf \ ~. -11 I -2 - -I - -. a . T ~ , ",' ~ ! (~~~1E"'~~~ ;~( : j-ltfJi 1 m~f:.-t=a':::::j\ ~ ~ ~~~fIII - ." -. il... ~~-'I'ol'I" 0Ul ~F~":~;,~~\;~~ .., / I - ~ ." , THlLllC ~ '~:- ~-' \ . _ I - - , 1- FIELD .., ',~. ' . ~I _ I f=~= =1= ==' " 2 1 .,- ." ,'\0~ I ~ r--r-- t-"-10-.-W \ RA I ~ -, 1 ~~= =-+-.:: 5'=1 ". ~- :.." 'i~ ~ ". ~ l~;~:: =1 i l',I--~ ~1,; I ~f ~ I~ =sf::' ..I ~ CORR)R~-;L1~ ," ~'i\, 2 I o,~A:!'\. [.;Yffio/l'""n'--II s::;:: F:tl r .\ \1 ft . i=::1 fz" j":-,.-/W D -41 I -, - ~ II !y r "I ~~ I ~ \ _ ~:I.F=E= ~\ ----.... ---.. -..,.. ,'-'_ ' .,~R~ ~J-'-_' 211 r=J=" I '," -........ I""'-- f.....--- ;r--I . CEMETERY UPP(R 63RO S .:;;::.,:;.:;. 00 I "~ · of l '1 I .' r--~~-jl ~r,", "~"RA , 3; ,,_l_l.;'-J\j~~i ~ I' 'm / . -+-= V \~/.:-,. ,\ II ~ ~ - ..~, 1..:.,' ~ 1/ ' '__ I ~_~__~ l,"",~~-L.:~ r ~;~ 52 NO ST Il / ~ --:- ' !IP-'. i W T I~: COUNTT II / j' r ---:-, --:.; \~ - - - - ~ IR~-C' ~.COURT I / l j ~. ~,I C,11 I 1 ><>JSE Il ! ! ( _ I __ .5bf1,"(j'j I N01 ,N ~ / /:' I i \ ~. 'fHO"\.'; , "'N I I, ---1 t;~ /- J Ii: I! _.1. STORAGE. ! A .- ..J I ~ ,\ ( , , " -..::..::, (I'" "11 -." i l~ ~ ~~" L I .",~, ..-t "'- ,.,.. ~ DAVID T. MA.GNUSON ATTORNEY AT LAW SUITE # 203 THE GRAND GARAGE 324 SOUTH MAIN STREET STILLWATER. MINNESOTA 55082 (612) 439-9464 September 12, 1990 Mr. Nile Kriesel City Coordinator City of Stillwater 216 North 4th Street Stillwater, MN 55082 In Re: Application of Schwyzer Dear Nile: t Charles Horn, of the firm of Faegre & Benson, asked if the city would assist him in clearing a flaw in the title of certain property owned by his client. In 1966 the city conveyed a parcel of land to the Irving H. Overman estate. The estate then conveyed to subsequent owners. The flaw occurs because an estate is not an entity that can take or hold title to real property. Mr. Horn asks if the city would approve a corrected deed in form attached to this letter. It is my recommendation that they tak~ this remedial action. Please place this on the agenda for the next meeting, for consideration by the city council. Yours very truly, ~ David T. Magnuson DTM/ch ~ Enclosure Form 10. 32.M-QUIT CLAIM DEED Minnesota Unifonn Lonveyaneing Blanks (1978) Mille,.Da,is Co \.ti~~"'POIiS -.-.t-..----.------..---....------ -...-. .-.-...-.-.----....-- -- .--.. _._._.__.____._____._______OC\:._._____ Corpo atian or Partnership . toJoi tTenants .\ No ~elinquent taxes and transfer entered; Certificate of eal Estate Value ( . ) filed ( ) not required Cer "ficate of Real Estate Value No. ,19_ - County Auditor by Deputy STA E DEED TAX DUE HEREON: $ 1.65 Date ,19~ (reserved for recording data) FOR VALUABLE CONSIDERATION, The Citv of Stillwater ,a municipal corporation under the laws of , Grantor, hereby conveys and quitclaims to Banns C. Schwyzer and , Grantees as jo nt tenants, real property in Washington County, Minnesota, described as follows: The West 68 feet of IDt 8, Block 7, Carli and Schulenburg's Addition to Stillwater, Minnesota, as amended by Hyron Shepherd IS perfected plat of the City of Stillwater dated May 21, 1873. (See Over) i I i I I I I ~ (if more space is needed, continue on back) toge her with all hereditaments and appurtenances belonging thereto. CITY OF STILLWATER ,\fflX LL'-. ~L,Enp ; Ii.~t(' By Its By Its WASHING'lDN } ss. e foregoing was acknowledged before me this day of ,19~ and and '., Mi nn~sot.a NO ARIAL STAMP OR SEAL (OR OTHER TfTLE OR RANK) ,a municipal corporation , on behalf of the corporation SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT Tax Statements for the real property described in this instrument should be sent to (Include name and address of Grantee): Banns C. and Verna L. Schwyzer 1221 North Broadway Stillwater, MN 55082 THI INSTRUMENT WAS DRAFTED BY (N AME AND ADDRESS): Faegre & Benson (CLH) 2200 Norwest Center 90 South Seventh Street Minneapolis, MN 55402-3901 Tel. No. (612) 336-3113 t ... ,. '- .... a"~ ,. CORRECTIVE DEED This is a corrective deed for which no rronies or any other consideration has been paid. It is given to correct a defect in the grantees' chain of title resulting from a deed in said chain of title given by the City of Stillwater, as grantor, which deed, dated December 30, 1966, and recorded January 2, 1968, in Book 300 of Deeds, page 89, named the grantee as "Irving H. Overman Estate", it being now understood that an estate of either a decedant or ward is not an entity that can take and hold title to real property. e e "'SeI e. ENCINEERS. ARCHITECTS. PLANNERS CHANGE ORDER 3535 VADNAIS CENTER DRIVE, 5T. PAUL, MINNESOTA SS110 612490-2000 City of Stillwater OWNER July 25, 1990 DATE L.I. 251 OWNERS PF?OJEa NO. Forest Hills/T.H. 36 Frontaqe Road PF?OJEa DESCRIPTION 6 CHANGE ORDER NO. 88200 SEH FILE NO. The following changes shall be made to the contract documents Description: Revise Contract Amount Purpose of Change Order: Revise contract amount due to: Addition of wood fiber blanket along slope of pond, additional plantings around pond, removal of bad material on Winner'~ Circle on Forest Ridge Addition, and removal of tree on north edge of pond easement to allow for landscape plantings (see attached sheet) . e Basis of Cost: ~ Actual 0 Estimated Attachments (/jst supporting documents) CONTRACT STATUS Time Cost Recommended for Approval: SHORT-ELLIOIT-HENDRICKSON, INC. By $526,562.89 $225,865.91 $ 25,670.50 ~r jQ $778,099.30 ~~/C-__J- Barry C. Peters Original Contract Net Change Prior Co.'s 1 to 5 Change this Co. Revised Contract Approved for Owner: BY eTlTLE BY Distribution Contractor 2 Owner 1 Project Representative 1 SEH Office 1 SHORT EWOTT HENDRICKSON INC. 5T. PAUL, MINNESOTA CHIPPEWA FALLS, WISCONSIN e 368.4 Cu. Yds. @ 3.75jCu. Yd. = $ 1,381.50 3200 Sq. Yrds Woo Fiber Blanket @ $0.65 Sq. Yd. = 2,080.00 3 BLACK HILLS PRUCE 12' $ 1,584.00 10 BLACK HILLS PRUCE 6' 1,980.00 13 AUSTRIAN PIN 6' 3,003.00 3 AMERICAN 6' 792.00 10 PYRAMIDAL AR 6 ' 1,650.00 3 GREENSPIRE L 3" 1,320.00 6 JAPANESE TRE LILAC 6' 1,188.00 7 AMUR MAPLE C 6' 1,386.00 155 COMMON PURPL LILAC 3' 6,820.00 e 44 RED TWIG DOG 000 3' 1,936.00 TOTAL TREES $21,659.00 REMOVE AND DISPOSE OF TREE $ 550.00 GRAND TOTAL: $25,670.50 e ( , LIST OF BILLS e EXHIBIT "A" TO RESOLUTION NO. 8370 e Ace Hardware Company American Linen Supply Arrow Building Center A T & T A T & T A T & T Blekum, J. R. Blichfeldt Realty Brochman Blacktopping Burnsville, City of Business Record Corporation Cambridge, City of Carson Map Company C. E. I. Central st. Croix Valley Cable Century POwer Equipment Chanhassen, City of Coon Rapids, City of Courier, The Croix Oil Company Deblon, Diane Dept. Labor & Industry Ecolab Elimination Eden Prairie, City of Fred's Tire Company Friden Alcatel Fire & Police Reporter First Trust Goodwill Industries Inc. Gopher State One-Call Greeder Electric J. L. Shieley Company Johnson, Mary Lou Junker Recycling Junker Sanitation Service Kriesel, Nile Kromer Company L. N. Sickels MacQueen Implement Magnuson, David Mautz Paint Company Metropolitan Waste Control Commission MTI Distribution e $ 69.71 14.00 418.02 63.75 146.20 47.42 37.90 395.49 942.00 28.00 18.28 112.00 114.95 157.97 70.00 90.86 14.00 14.00 1,085.67 144.05 205.00 70.00 195.00 28.00 5.24 30.00 126.00 393 .82 507.34 1:0 . 00 920.90 820.67 5.25 3 , 532. 50 455.80 80.26 67.45 2,073.60 52.38 4,646.75 89.75 70,033.98 Supplies Linen Service Timber s Long Distance Calls Lease/Rentals Leased Equipment Carton Nails Refund see Charge Police Parking Lot Refund LMC Meeting Lead Seals Refund LMC Meeting Platbook Revisions Airless Jackhammer Cable Cast 2 Meetings Parts - MOwer Refund LMC Meeting Refund LMC Meeting Publications Mobil Oil Health Insurance Inspections Pest Control Refund LMC Meeting Inner Tube 2 Ink Rolls Membership Destruction of Securities August Expenses Locate Requests Street Lights/Lift station Sand Mileage Recycling for August Garage/Lift Stations Reimburse-Expenses 2 Plates with Seal Crack Filler Equipment Parts Legal Services Paint for Curbs Sewer Service Charge Parts-Mo\<Jer 65. 14 N. Memorial Medical qenter N. American Life & Clisualty River City Beverage Ritzer Excavating st. Croix Cleaners . St. Croix Recreation S & T Office Product Short Elliott Hendri kson Spring Lake Park, Ci y of Stafford, County Tre surer Stafford, County Tre surer Stepp Manufacturing ompany T. A. Schifsky & Son , Inc. Techniflow Corporati n Tri-state Pump & Con rol united Building Cent r U. S. West communica ions Valley Auto Supply, nc. Valley Trophy Viking Office produc s Warning Lites of Min esota Washington County Hu an Serve Watson, Dennis Wybrite, Inc. Yocum Oil Company Ziegler Corporation ADDENDUM TO BILLS Action Rental A T & T Beberg, Byrdie Commissioner of Reve ue Duro - Test Corporat'on GAB Business Service Gun N Smith Jacobson, Cynthia Lakes Gas Company Mn. Correctional Fac'lity Municilite Company P. E. R. A. St. Croix Animal She ter st. Croix Car Wash st. Croix Outfitters Seim, Margaret Snap on Tools Snyder Bros. #16 Spec Materials Inc. Class-Ness Health Ins.-M.L.Johnson June/July Charges Backhoe-Neal Avenue Laundry-Fire Dept. 2 picnic Shelters Envelopes Engineering Refund LMC Meeting Property Listing Taxes-Cottages Outlot D Pulley Blacktop Control Panel/Brick Lift Repairs-Lift Station Timbers/Concrete Mix Telephone Services Auto Parts Plaque-Shelton Supplies Orange Vests/Cones Evaluation-Sellner programming Mte. Agreement Gas 2 Batteries Cement Long Distance Calls Typing Sales Tax-August Light Bulbs Deductible Amount-Schmidt Training Supplies Mileage Propane Printing Rebuild Strobe Light Deductions-K.Anderson August Fees 7 Squads Washed Rain Suit Meal Small Tools 5 Dog Collars Bi ts-Router 'h 170.00/) 120.00 1,207.05 60.00 9.75 10,140.00 61.31 1,267.85 14 .00 401.00 177.82 21.64 788.97 3,500.00 1,282.86 255.69 1,737.50 335.09 80.00 153.61 183.00 75.00 320.00 158.00 2 , 096 . 21 382.22 e e 42.00 6.14 65.00 9,316.91 231.68 250.00 251. 18 11. 50 108.00 995.95 107.50 224.13 400.00 28.00 23.19 6.15 76.95 21. 94 588.00 e e e e , (Co< Stevensen, James stilhllater Photo Superior Computer Exchange Van 0 Lite, Inc. Whitledge, Claudia Election Judges Meeting Expense (2) Film-Planning Used Tape Drive/Tape Lights for Truck Meal/Mileage Primary Election ADOPTED BY THE COUNCIL THIS 18TH DAY OF SEPTEMBER, 1990. APPROVED FOR PAYMENT 6.00 22.32 1,300.00 160.42 18.84 3,908.16 e e e A & B Construction 13452 Goodview Ave. No. Hugo, Mn. 55038 Steven Carlson 348 So. 4th St. Bayport, Mn. 55003 Dennis Dame Construction Box 513 Stillwater, Mn. 55082 Paul Davis Systems of Southwest Minneapolis 1621 E. 79th St., Suite 127 Minneapolis, Mn. 55425-1146 Dale Sorenson Co. 150 W. 88th St. Bloomington, Mn. 55420 Svendsen Builders 171 Fifth St. No. Bayport, Mn. 55003 CONTRACTORS APPLICATIONS September 1B, 1990 General Contractor General Contractor General Contractor General Contractor Plumbing General Contractor New Renewal New New Renewal New e e tit Stillwater Elks Lodge No. 179. B.P.G.E. Telephone (612) 439-5276 Mayor Wally Abrahamson 2lb N. 4th st. Stillwater, Mn. 55082 Dear Mayor, 279 East Myrtle Stillwater, Minnesota 55082 September 6, 1990 The Stillwater Elks Lodge #179 wishes to thank the city of Stillwater for the use of the Lily Lake tennis courts for our X-mas tree sales in 1989. The Elks are again asking permission from the city for the use of the courts in 1990, starting November 23rd for our sales. We will clean up and have the courts ready for spring tennis as we had done in the past. Fraher~lly yours, ~tL I~ John Pominville Secretary Stillwater Elks 279 E. Myrtle st. Stillwater, Mn. 55082 e e ~ P it" LAKEVIEW MEMORIAL HOSPITAL 919 W. Anderson Street, Stillwater, MN 55082 August 30, 1990 The City Council Members of Stillwater, Minnesota 216 North Fourth street Stillwater, MN. 55082 Dear Council Members: A letter of explanation has recently been sent to the residents neighboring Lakeview Memorial Hospital and St. Croix Valley Clinic regarding our overflow parking problem. For your information, parking space wi 11 be added to the West of the bui ldings providing an additional 54 parking spaces. This project is planned for early September and should alleviate the residential parking currently taking place. A concern was recently expressed regarding the added inconvenience of High School student traffic along with the overflow parking on both sides of Everett Street. To immediately address this a request to all employees of both Lakeview and St. Croix Valley Clinic has been made to first utilize the Employee Parking lot, and if parking on Everett is necessary, to park on only the one side of the street. We have expressed our gratitude to these neighbors for patiently handling the inconvenience and informed them of the addition to our parking lot. We also wish to thank the City Officials who have needed to respond to some of their concerns. If you have any questions, please feel free to contact the hospital. Sincerely, ~r/&~ Jon Pedersen Clinic Administrator st. Croix Valley Clinic obertson r orial Hospital e . ....? ~~. wY~ ~'r,~UJ 'k. f~ . . 0<lj~ "w-~~'~o~tr3fl tL . tYim'1;:f ~sd' ~ _'~ ..;;;;-;z · ...4~a ~Ll~~ ~ ~ct ~ .(Cw4 ~ 11600 ~.A) ~I d: ~di 'r ~f~~~:~l~ _. ': ~ . m ~ <f ~ t& a& t1M-J tko~,h-f.e M-~ ~ .!t-f -Ita Iffivu ~ ~ . tdiJe."Z VA.'" -sfw~ ,~(1;. tWtl-:~&..-. l':~ L ~.~ ~Mu/{jwt-tk_~k : &4 "m V1!11k-7.V( . n,. r:ljx/tJU~;t' i'~ t ~!u~~~-~o/~~. . ,.am- (f .... . ~f tf;p::di::v;i:: .... , r' m:1 kir11 ~ ~.t/41;l '-~ . tJ-:i1IltJ7f.iJ; ~tJf/ ~....;:..; ...... . dg.. M . ~~ ct~ '. ........ ~ ,,' ~ho/u~ ~- ..~dr!hJ-~.. . ct. . :,,~.;It~ r:./tOf., . " tJI,~t .~J:t:1:r~ ;jdyNau ::: · . ~~(~ ." . W1uJ (M;f ~ OM-fl( {tV f'~ 0- . br~ {hL' ~~. {;I t/.u.v ~ -k......~..... ....;..f .'~ ~-'", v VlA- "" , ","'>------.-.,..... - ...---.,--,' ~-,,",.~---...-~ . ,.. '>-. ~-~.. _.~'"':.._-_.._. ---- _....?'Vt ,~....~ ~........h~~..._~- CJ.,,-: '.. ,.:;- ~ . "', ". e ..... "':;--..____....... ,-:._....-~_,__~_._ .....",.___, ~.,_..."_,_._..~._m__...__...._". ''''''~''__._' __._~.,~.._.. __.._~_ '_.'_"." ."_~ .__ ~~.,~. -cu 8. . . .T...~ ...~..... ..W ~. '.1!::;! ~'~.'...~ -' - ...,~..~.. .-...:.. -- - -.. ,'- -- ,- . '''.' '. ....>. .. . ....... .. .. , ". .. -- f!.. ~ '/3[f/l- I- '~r.5(._ " ~5fz'j!~J M:/}._,.......... , " ..e;? - - 'c, .-........ -_., ... .. .....:.. 5~..._... . .... , .. ,\ , ///2.'''' ..,.~..._.. .'.....:. ...' .'~ .."...." .~S211/&_8ft: ~"-_..,..... e '. '.,'" ~-, ,\ -.-..._- -. ~.-_'l \-, . . .. '.' '. -, ....."' .....:_.:.:..;.,,_.-.~.,.:._ ,..___..~.... '. - ..'.... __ 0-. _. __..,:-..-.. ...~.__ .~ ...... ._..._.."..___..~._.__.,'_~___ f""-, _.: "__n_'___"__",_,,~,__,, ... ,...'....__~,_ ;..~. _..._^'_._,_ '._'~ - ...~.._-,---- . .. ----~_._,._.... . .., e l CENTRAL SAINT CROIX VALLEY JOINT CABLE COMMUNICATIONS COMMISSION 1941 S. Greeley Street Stillwater, MN 55082-6012 (612) 439-8803 September 10, 1990 Nile Kriesel, City Coordinator CITY OF STILLWATER 216 North Fourth Street Stillwater, MN 55082 Lavonne Wilson, Clerk Administrator CITY OF OAK PARK HEIGHTS 14168 North 57th Street Oak Park Heights, MN 55082 Joanne McKean, Acting Clerk CITY OF BAYPORT 294 Third Street North Bayport, MN 55003 Re: Lawsui~ Filed Against: CENTRAL SAINT CROIX VALLEY JOINT CABLE COMMUNICATIONS COMMISSION Dear Member Cities: As chairman of the Cen~ral Saint Croix Va1ley Joint Cable Communications Commission, I am writing to advise you as the representative of the Commission'S member- city that a lawsuit has been filed against the Commission. The plaintiff is Anne T. Davis and the defendants include: Central Saint Croix Valley Joint Cable Communications commission Michael E. Knutson Jaclyn Ulrich Ann Bodlovick Jack Doerr Central Saint Croix Valley Community Access Corporation, Inc., n/k/a Valley Access Channels James N. Francis David Thorbus Gene R. Bealka Robert D. Johnson Viola H. Russel King Videocable Company e Representing the Cities of Bayport, Oak Park Heights, and Stillwater also the Townships of West Lakeland, Baytown, and Stillwater MICHAEL E. KNUTSON, Chairman JACLYN ULRICH, Vice Chairperson EDWARD LAWSON BEV SCHULTZ, Secretary MARY KREIMER-ADRIAN ANN M. BODLOVICK, Treasurer PHYLLIS WHITE DEAN KERN JACK DOERR ..........-.._~"-_.. ...............~_..._,_._....... ......_.~_._........_..-~.~.__. u...___~.._____ .. -- - Nile L. Kriesel, City C~ordinator CITY OF STILLWATER I Lavonne Wilson, Clerk A1ministrator CITY OF OAK PARK HEIGHT Joanne McKean, Acting C erk CITY OF BAYPORT Page Two r e The summons and comp aint were served on the Joint Cable Commission on Thursday, September 6, 1990, at 2:30 p.m. A copy is enclosed. We would request that you tender the defense of this matter to the city's insurance ca rier and to undertake to indemnify and defend the Joint Cab e Commission, its officers, the Access Corporation and its off'cers. If you or the city's insurance carrier would like any additional background information concerning this lawsuit, please feel free to call either m~ or the Joint Cable Comm'ssion's attornies, Mark Ayotte and David Magnuson. The answer int must be filed on or before September 26, 1990. Accordingly, please advise me as soon as possible whether the city will dertake our defense in this matter. Sincerely, ~ ~/A? Michael E. Knutson Chairman MEK:mr Enclosures cc: Mark Ayotte BRIGGS & MORGAN 2200 First Nationa Bank Building st. Paul, MN 55101 Telephone 291-1215 Karen Wandmacher e David Magnuson 324 South Main Street Stillwater, MN 55082 Telephone 439-9464 e .f ~ MOORE, COSTEllO & HART ATTORNEYS AT LAW RICHARD A. MOORE WILLIAM F. ORME MARVIN J. PERTZIK e A. PATRICK LEIGHTON HAROLD R. FOTSCH RONALD E. MARTELL WILLIAM M. BEADlE DENIS L. STODDARD LARRY A. HANSON J. PATRICK PLUNKETT JOHN M. HARENS DAVID A. KASTELIC GREGORY M. BISTRAM PHYLLIS KARASOV CHRIS R. KABELLA MALCOLM G. McDONALD MARY GIULIANI STEPHENS TELECOPIER /6121290-1770 LEONARD W. GLEWWE JOHN G. PATTERSON GERALD E. GOSCH TIMOTHY C. COOK KATHRYN A. GRAVES MICHAEL B. RODNING BASH DEBORAH B. HALLBECK JAMES F. KILLIAN STEVEN D. SNELLING JAMES A. BOBZIEN TARA D. MATTESSICH DOUGLAS J. MONSON 1400 NORWEST CENTER 55 EAST FIFTH STREET SAINT PAUL, MINNESOTA 55101-1792 TELEPHONE (612) 227-7683 IWITH ATTORNEYS AUTHORIZED TO PRACTICE LAW IN MINNESOTA. IOWA. WISCONSIN, GEORGIA, NEBRASKA AND DISTRICT 01' COLUMBIAI FRED W. FISHER 01' COUNSEL Writer's Direct Dial No. 290-1781 September 6, 1990 DELIVERED VIA MESSENGER Central St. Croix Valley Joint Cable Communications Commission 1941 South Greeley Street Stillwater, MN 55082 Attn: Mr. Michael Knutson Chairperson _ Re: Anne T. Davis v. Central St. Croix Valley Joint Cable Communications Commission, et al. Dear Mr. Knutson: Enclosed herewith and personally served upon the Central St. Croix Valley Joint Cable Communications Commission please find a Summons and Complaint in the above-referenced matter. Very truly yours, MOORE, COSTELLO & HART oD-d"ll\J\ 6 HdQ~~ By Deborah B. Hallbeck DBH: lje Enclosures 17475-9501 _ STATE OF MINNESOT Anne T. Davis, v. DISTRICT COURT TENTH JUDICIAL DISTRICT Case Type: Other Civil File No: Plaintiff, Central St. Croix Valley Joint Cable Communicati ns Commission; Central St. Croix Valley Community Access Corporation, Inc., n/k/a Valley Access Channels; King Videocable Compan ; Michael E. Knutson; Jaclyn Ulrich; Ann M. Bodlovick; Jack D err; James N. Francis; David Th rbus; Gene R. Bealka; Robert D. Johnson; Viola H. Russell, SUMMONS Defendants. THE STATE OF MINN SOTA TO THE ABOVE-NAMED DEFENDANTS: Each .of you Plaintiff's attor hereby summoned and required to serve upon an Answer to the Complaint which is herewith twenty (20) days after service of this Summons upon you, exclusi e of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the Complaint. Dated: , 1990 MOORE, COSTEllO & HART By ~k~ Phyll s Karasov Attorney license No. 53788 Deborah B. Hallbeck Attorney Lir.ense No. 193409 1400 Norwest Center 55 East Fifth Street St. Paul, MN 55101-1792 (612) 227-7683 Attorneys for Plaintiff Anne T. Davis .. <. ~ e e e . 4 , It - It ACKNOWLEDGMENT The undersigned hereby acknowledges that costs, disbursements and reasonable attorney and witness fees may be awarded pursuant to Minn. Stat. Sec. 549.21, Subd. 2 to the party against whom the allegations in this pleading are asserted. H~r- Phyll s Karasov - 2 - , ..- I -.a... -'1'. L' .'. ~ ....; wi '; , ED 4 q- t,- C/O Da~ e STATE OF MINNESOTA COUNTY OF WASHINGTON DISTRICT COURT TENTH JUDICIAL DISTRICT Anne T. Davis, Case Type: Other Civil File No: Plaintiff, v. Central St. Croix Valley Joint Cable Communications Commission; Central St. Croix Valley Community Access Corporation, Inc., n/k/a Va 11 ey Access Channe 1 s; Ki ng Videocable Company; Michael E. Knutson; Jaclyn Ulrich; Ann M. Bodlovick; Jack Doerr; James N. Francis; David Thorbus; Gene R. Bealka; Robert D. Johnson; Viola H. Russell, COMPLAINT Defendants. e Plaintiff Anne T. Davis (hereinafter referred to as "Plaintiff"), for her Complaint against the above-named Defendants, states and alleges as follows: PARTIES 1. Plaintiff is an individual Minnesota resident whose address is 606 North Third Street, Stillwater, Minnesota 55082. 2. Defendant Central St. Croix Valley Joint Cable Communications Commission (hereinafter referred to as the "Commission") is a Minnesota municipal corporation charged with the administration and enforcement of the Municipal Cable Communications Franchise Ordinance (the "Ordinance") under a joint agreement between the cities of Stillwater, e Bayport, and Oak Park Heights. 3. Defendant Central St. Croix Valley Community Access e Corporation, Inc., nl la Valley Access Channels (hereinafter referred agreement with Videocable Company (liKing Video") is a to as the "Corporation") is a Minnesota non-profit corporation established by the Co to operate and manage the community access channel for th cable communications system in the cities of Stillwater, Bayport, Oak Park Heights. Washington corporatio registered to do business in the State of Minnesota. operates the cable communications system in the cities of Stillwater, Bayport, and Oak Park Heights pursuant to an mission under the Municipal Cable Franchise Ordinance. 5. Defendant Michael E. Knutson is the Chairperson of the Commission. e 6. Jaclyn Ulri h, Ann M. Bodlovick and. Jack Doerr are or were members of the Commis ion (hereinafter sometimes referred to as Commission Members). 7. Defendants ames N. Francis, David Thorbus, Gene R. Bealka, Robert D. Johnson, Viola H. Russell are Minnesota residents who are or were members of Board of Directors of the Corporation and who voted in favor of Plaintiff's termination (hereinafter sometimes referred to collectiv ly as "Board Members"). FACTS - 8. On or about June 4, 1984, Plaintiff was hired by the Commission to serve a the cable franchise administrator. As cable franchise administrat r, Plaintiff was charged with implementation of the Ordinance. Said rdinance was adopted by the Commission and e - 2 - e authorized the installation and operation of a cable communications system in the cities of Stillwater, Bayport, and Oak Park Heights. 9. On or about June 4, 1984, as part of her responsibilities with the Commission, Plaintiff was also hired as acting director of the Corporation. As acting director of the Corporation, Plaintiff was instrumental in establishing the Community Access Center ("Center") and establishing operation of the community access channels. 10. On or about March 1, 1987, after a public search for a permanent executive director, Plaintiff was hired as the Executive Director of the Corporation. 11. During her term of employment as cable franchise administrator of the Commission and executive director of the Corporation, Plaintiff was employed concurrently in both positions as a part-time employee for each. 12. During her term of employment with both the Commission and Corporation, Plaintiff received several positive performance evaluations. At no time prior to her termination did Plaintiff receive a negative annual review and she was given yearly bonuses and/or salary increases. 13. On or about December 15, 1988, Plaintiff was informed by Chairperson Knutson and Vice-Chair Jaclyn Ulrich that Plaintiff was being terminated by the Commission. At the time of her termination, Plaintiff was earning $880 per month as Cable Franchise Administrator for the Commission. 14. As Executive Director of the Corporation, Plaintiff was in charge of the Center and was to ensure that the Center was run in such a manner as to promote full community participation in and equal access e - - 3 - to the community acce~s channels of the cable system. Minn. Stat. 3238.084 and the Ordinance requires that all cable systems provide community access channels for the public benefit. 15. Under the terms of the Ordinance and the agreement between the Commission and King Video, certain community access channels were to be maintained as part of the cable communications system. King Video, as franchise h lder, was to provide certain equipment and financing for purposes of community access. The Corporation was established by the Co mission to serve as an independent, non-profit entity which would op rate the community access channels. 16. Beginning i February of 1989, serious difficulties began to develop in the relati nship between the Corporation, Commission, and King Video. Most of hese difficulties revolved around the role each was to have in connec ion with the operation of the Center. 17. Prior to Fe ruary 21, 1989, the center staff had been under the direction of the orporation. On or about February 21, 1989, King Video began to actively direct the Center staff. Equipment purchased with foundation grant and owned by the Corporation was being operated by King Video employe their own purposes. Plaintiff believed that King Video's ope of the Center was a direct violation of the Corporation's duty to and manage the community and public access channels, to r the citizens of the franchise area, and to enact policies and procedures to assure community access to cable television. made her objections to King Video's operation of the Center known to t e Corporation and its Board Members by letter dated March 7, 1989. A copy of said letter is attached as Exhibit "All and incorporated herein. e e e - 4 - e 18. After King Video's take-over of the Center, Plaintiff undertook an investigation of the legalities of a for-profit corporation's use of the equipment and funds of a non-profit corporation. By memo dated March 28, 1989, Plaintiff informed the Board of her belief that the actions of King Video were placing the Corporation in violation of state law. (A copy of said memo is attached hereto as Exhibit "B" and incorporated herein). 19. In early April of 1989, the Center newsletter was prepared by King Video employees but was to be mailed under the Corporation's name and logo. Defendant James Francis, Chairperson of the Corporation, directed Plaintiff to write a check to cover the cost of mailing the newsletters under the Corporation's non-profit bulk mail permit. Plaintiff made inquiries to the post office and was informed that a commercial company may not legally use a non-profit bulk mail permit. By memorandum dated April 4, 1989, Plaintiff informed the Board Members of her refusal to violate the law and cooperate in King Video's use of the Corporation's non-profit bulk mail permit. A copy of said memorandum is .attached hereto as Exhibit "C" and incorporated herein. 20. In early 1989, the Commission was to approve the Corporation's budget and provide financing for the upcoming fiscal year. On February 15, 1989, the Commission met and discussed the financing for the Corporation for the upcoming fiscal year. The Commission, lead by Defendant Knutson and the Commission Members, decided to withhold funds and threatened to dissolve the Corporation unless Anne Davis was terminated as Executive Director. The Board was then informed by the Commission and Defendant Knutson that the Corporation would receive no funding for the year unless Anne Davis was e e - 5 - terminated from h r position as Executive Director of the Corporation. The Board discuss this threat at an executive session on February 16, 1989. A copy of he minutes of said meeting are attached hereto as Exhibit "0" and i corporated herein. 21. In late 1988 and early 1989 the Commission, the Corporation and King Video be an to discuss the possibility of passing through funding for the 0 eration of the Center from King Video directly to the Corporation. Thi "flow-through" method of financing would be advantageous to t e Corporation in that it would provide the Corporation with ore direct access to and control over its financing. 22. By lett r dated February 15, 1989, King Video informed the Commission that i would not agree to implement the flow-through financing in ligh of what it claimed as "mismanagement" at the Center. King Vid that it might consider such a financing method in the fut re, when the Center was, "fu'nctioning productively in a positive- enviro Said letter is attached hereto as Exhibit liE" and incorporated erein. 23. On info and belief, King Video refused to negotiate flow-through fina cing of the Center because it wanted Plaintiff discharged from h r position as Executive Director of the Corporation. Plaintiff was str ngly opposed to the involvement of a commercial cable company in communlty access, since such involvement generally leads to decreased public articipation in community access and underminds the true purposes and goals of community access. King Video viewed Plaintiff as a th eat to its control over the Center, and used flow-through funding as a tool to secure her discharge. e e e - 6 - e 24. On April 12, 1989, the Corporation's Board Members met in executive session. At this meeting, the Board Members voted to terminate Anne Davis. At the time of her termination, Plaintiff was receiving a monthly salary of $960.50 per month from the Corporation. A copy of the minutes of said meeting are attached hereto as Exhibit "F" and incorporated herein. 25. Plaintiff has been unemployed since April 12, 1989. She has diligently sought other employment in the public sector field of cable communications but has been unable to secure employment. Plaintiff has suffered economic damage, emotional damage, pain and suffering, and damage to her professional reputation as a result of Defendants' actions. e COUNT I 26. Plaintiff restates and realleges paragraphs 1 through 24 of this Complaint. 27. -The Corporation and-the Board Members terminated Plaintiff from her position as Executive Director because she refused to cooperate in King Video's operation of the Center, because she reported to the Board her good faith belief that King Video's operation of the Center placed the Corporation in violation of the law, and because she refused to cooperate in King Video's use of the Corporation's non-profit bulk mail permit. 28. In these actions, Plaintiff reported in good faith, and refused to perform, acts which she had an objective basis in fact to believe were violations of federal, state and local law. 29. In terminating Plaintiff because of these actions, the Corporation and its Board Members violated Minnesota Statute 9181.932. e - 7 - , ' 30. As a 1irect result of said violation, Plaintiff has suffered 4It damages as set orth in paragraph 25 herein, in an amount in excess of $50,000. COUNT II 31. Plaintiff restates and real leges paragraphs 1 through 29 of this Complaint. 32. By refusing to authorize funding for the Corporation unless Plaintiff was terminated, the Commission, the Commission Members and Defendant Knutso caused the Corporation to terminate its business relationship wit Plaintiff. mission, the Commission Members and Defendant Knutson acted intentiona ly, improperly, and without justification in interfering with the continued business relationship of Plaintiff with the Corporation. 34. As a r sult of said interference by the Commission, the Commission Membe s and Defendant Knutson, Plaintiff has suffered damages as set f rth in paragraph 25 herein in an amount in excess of $50,000. COUNT III 35. Plaint ff restates and realleges paragraphs 1 through 33 of this Complaint. 36. Minn. tat. 9179.60 prohibits any entity from acting for the purpose of procu ing the discharge of an employee. 37. By ref sing to fund the Corporation unless Plaintiff was terminated, the ommission, the Commission Members and Defendant Knutson acted maliciously and intentionally and in violation of Minn. Stat. 9179.60. - 8 - e e e 38. As a result of said statutory violation, Plaintiff has suffered damages as set forth in paragraph 25 herein in an amount in excess of $50,000. e COUNT IV 39. Plaintiff restates and real leges paragraphs 1 through 37 of this Complaint. 40. By refusing to implement flow-through financing of the access center until Plaintiff was no longer managing the Access Center, King Video caused the Corporation to terminate its business relationship with Plaintiff. 41. King Video acted intentionally, improperly, and without justification in interfering with the continued business relationship of Plaintiff with the Corporation. 42. As a result of said interference by King Video, Plaintiff has suffered damages as set forth in paragraph 25 herein in an .amount in excess of '$50,000. e COUNT V 43. Plaintiff restates and real leges paragraphs 1 through 41 of this Complaint. 44. Minn. Stat. ~179.60 prohibits any entity from acting for the purpose of procuring the discharge of an employee. 45. By refusing to negotiate flow-through financing unless Plaintiff was terminated, King Video acted maliciously and intentionally and in violation of Minn. Stat. 3179.60. 46. As a result of said statutory violation, Plaintiff has suffered damages as set forth in paragraph 25 herein in an amount in excess of $50,000. - 9 - NOW WHEREFORE, i consideration of the foregoing, Plaintiff prays for the following rel ef: e the Corporation. 1. Full reinst tement to her position as executive director of 2. Judgment ag inst the Corporation and its Board Members on Count I in an amount n excess of $50,000. 3. Judgment ag inst the Commission and Defendant Knutson on Counts II and III in n amount in excess of $50,000. in excess of $50,000. 4. Judgment ag inst King Video on Counts IV and V in an amount 5. An award of all costs and attorneys' fees incurred by Plaintiff as authoriz d by Minn. Stat. 3181.935. 6. Such other nd further relief as the Court deems proper. Dated: ,S- , 1990 MOO~COSTE~LO & HART BYphYll~of~ Attorney License No. 53788 Deborah B. Hallbeck Attorney License No. 193409 1400 Norwest Center 55 East Fifth Street St. Paul, MN 55101-1792 (612) 227-7683 e Attorneys for Plaintiff Anne T. Davis ACKNOWLEDGMENT The undersigned ereby acknowledges that costs, disbursements and reasonable attorney a d witness fees may be awarded pursuant to Minn. Stat. Sec. 549.21, Su d. 2 to the party against whom the allegations in this pleading are ass rted. V:~~ Phyll i s arasov e - 10 - ~. ,... 0;:;.. /~ ~,. . . . AC'C"'''' CPt_e. ,... ...!.t,~~..".~........ J--~f(:::z l...." an... I \.'.".;;? I 14m.',,, 'J\/.. C...."~.". \:~~? '(, ,.. ~( '. ,'l "( . ~O~.,.~.~;;" ACT VrU-':? \./'3 I ' \/ ' 2 V' r Central St. Croix Valley Community Access Corporation, Inc. Community Access Center 101 West Pine Street S\illwater, MN 55082-4976 (612)430-0074 March 7, 1989 Chairperson and Members of the Corporation Board of Directors As executive director of the corporation, with this letter I advise you on the following matters regarding turning over control of the premises, equipment and post office box to another party: Liability in the use of the space, ie: Community Access Center, The Corporation's insurance does not cover cable company actions in the Community Access Center; the Corporation is not relieved of liability in any accidents, theft, fire, etc. r recommend against this proposed action. If you proceed, at a minimum, the Corporation must obtain a certificate of insurance from the other party naming the Corporation as also insurancec and indeminifing the Corporation. Corporation equipment purchased with Foundation grant monies. Foundations only award grants to SOl(c)(3) organizations. If the Corporation allows a commercial venture to manage the equipment, this action may be contrary to the intent of the award. Such an action would most certainly jeopardize the grant applications before Foundations currently. Certainly monies in the Corporation's accounts should be returned. I believe the same principle applies to donations of office furniture. Corporation-managed equipment. The Corporation manages equipment owned by other parties. The corporation mu~t received writ~n permission authorizing the Corporation to permit another party to manage equipment which belongs to other organizations. Examples: Lower St. Croix Valley Joint Cable Communications Commission AG 160 camcorder, PZM microphone, and tripod; Central st. Croix Valley Joint Cable Communications commission and City of Stillwater D-SOIO camera, six PZM microphones, tripod, microphone stands, sound barriers, cables, connectors, etc. I advise against permiting another party to manage the equipment whic~ belo~gs to the Corporation and to other parties. Key to the mail box. Concern: the Corporation receives mail which may contain important documents, information and checKs _EXH1.Bll A i! . .' . , 'Z"';, ~~ .~ ( u I . . Corporation Board Page T'.o 7/89 which are addressed to the Corporation. Persons not familiar with Corporation business may not recognize the importance of the individual pieces of mail. I advise against allowing another party to have a key to the mail box. There are several empty post boxes, the former cable commission box, as an example. If you proceed with this proposed action, I recommend the other party have a separate mail box. To recapitulate, as Corporation executive director, I advise against the proposed action due to the many concerns raised in this letter. If you proceed with the contemplated plan, I do not accept any responsibility for the Corporation's actions, either by the board or. by the Chairperson or other officers taken in between the board meetings. The corporation has legal liabilities, and obligations with regards relinquishing your charge as the promoter and encourager of the pUblic's use of t e public's use of the community access channels, as the operator and manager of community access in the Valley. I am not an attorney. I cannot draft a legal statement with regards to liability. I have contacted Mike Sokol and discussed this with him. He will prepare the document in time for the board meeting on the 16th. Apparently, the corporation has no future, so I have not made any arrangements for a retreat for Tuesday, March 14th. Laurie Maher, Corporation secretary, has offered to take the minutes at the meetin on the 16th. She is in the office Mondays and Wednesdays from 12 noon to five pm, if you wish to have any meeting materials prepared, or correspondence prepared following the meeting, please contact her at 430-0074, during those times. Someone should be in attendence at the Joint Cable Commission meeting on the 15th. (1;;~-e L?v~w Anne T. Davis Executive Director ATD/a -- e e e . e ( ~ Af'~.'" Ch_..",_, ,... ".I~~:'~;'~~".ll,.v<.,I.ft.1 <r\~ii?" a...'"m.ft~!~.)-;~;~] '( . s, .' --- '/'/'(.JI ~C ..... . \~:;~J ACT ''",Q \/IJ - .,.- " '( s, '1.....;/ -'--- J ..... _ '2 j I Central 51. Croix Valley Community Access Corporation, Inc. Community Access Center 101 West Pine Slreet Slillwater, MN 55082-4976 (612)430-0074 M E M 0 RAN DUM TO: Board of Directors DATE: March 28, 1989 Anne T. Davis, Executive Director~) FROM: SUBJECT: CORPORATION ASSETS '- It is my position, after speaking with the State Attorney General's office (Charities Division) on'Monday, March 27, that the Corporation may not divert its assets to use by a commercial company, that is, its furnishings, equipment or funding. The Attorney General staff person I spoke with strongly urged me to call the Corporation's attorney to have him review Minnesota Statutes Chapter 317, Non-Profit Corporations, for his legal opinion. This I have done. Mike Sokol will issue a memorandum prior to the next regular board meeting on the subject. In the meantime, it appears the many activities the Corporation is engaged in with the cable company employees is illegal and is placing the Corporation in jeopardy of being terminated by the State Attorney General. I believe,. as one example, the joint newsletter, is out of the question, as it would be in violation of state statutes. ATD/a El\.\\BH B -I .t ("" AU~~~~~. h" I n~~I.~'~"~~ft~e.: r ,- }"'(::J i o;-_.~; .;> '/. h " I ")'./ I r.u,""," <: / Oe..'"~."' "( s, r':'- ._"\ .1 SO \., \,Y";"""';' ACT \w" ,n 71 _ --- I (..$/ V, I 3 \.! 12 1 April 4, 1989 l..'.d Atc... Central St. Croix Valley Community Access Corporation, Inc. Community Access Center 101 West Pine Street Stillwater, MN 55082-4976 (612)430-0074 e \';-C::~ Vj)JI \/'3 CONFIDENTIAL INTERNAL MEMORANDUM Dear Members of th Board: Jim Francis, Chair me to prepare a ch being mailed under stated in a previo talking with the b and the local post the Stillwater pos may not front for company to use its considered fraud, for the bulk mail. commercial rate f erson of the board of directors, has directed ck to pay for the cable company's newsletter the Corporation's name and logo. As I have s memo, I have researched the matter by lk mail division of the St. Paul post office 1 worker who handles the the bulk mail at office. They both indicated the Corporation he cable company; it may not allow a commercial non-profit bulk mail permit. It would ~e efrauding the post office of its rightful rate The cable company is required to pay the r its bulk mailings. e To date I have ref sed to sign the check. The Corporation may not force me to br ak any federal, state and local law. After discussing this wi h the Corporation's attorney, I have decided to present'the Cha'rperson with a blank check which he may complete and sign owever he chooses. I am doing so only under threat of terminat'on by the Chairperson. The board ~f direc ors must be made aware, however, now that -! have informed and autioned you in this matter about the possible implecations of th's and other actions in a previous memo and in this memo, that ea h of you is personally liable for the Chairperson'~ action which he ta es on your behalf as the Corporation board of director's. If you should have questions regarding this or any other issue addressed in my me orand a please do not hesitate to call me at 430-0074 pffice) or 430-3540 (Home). With warmest regar s, ~~ Anne T. Davis Executive Director ATD/a e EXH\B'l- C -., -- --.- - j.rt": . L!~:.. f.. ~'X>. . fJ!. ...... \iJ;:...=' . t'1t: .-.:'" i~~':.:.; . ~" Jr. ~. ~ . ) ~~~~.':' .<..<\~.' , ~i~~ ..... ~i~};.:~.. 1 . ~:....:C.. . :~!~.~. ~ ::;.:~~, ~. ~i::;: ~~;{:: ~"'''< \:Wl." :,...'f.E;,. ~;;~r:;'.' . ~i~'<'" " !:r},.::'::< ,'. _.... \,' .....,. e CENTRAL SAINT CROIX VALLEY COMMUNITY ACCESS CORPORATION, INC. Board of Directors Meeting in Executive Session on 2/16/89 BUDGET The Board discussed the budget and the threats of the Joint Cable Commission, to cut the budget if the board did not fire Anne ':>..~.::"~' '. Davis. It also discussed the Joint Cable Commission's threats .....:::>., . to d~.~.s01ve the co.~poration. ......;,~:. ,'. ,':,.:'.::. The board discussed options open to it. It saw two, to use the media to inform the community what was happening, and two,' to obtain written legal opinions. Maureen Farrell MOVED to approve the expenditure of; money the written legal opinions on the employee and the public private corporation issues. Cheuk Clausen SECONDED. The CARRIED. to obtain versus ., motion There was an exchange of opinions regarding the discussion of legal strategies with a cable company representative present. The board decided to hold an executive session on Tuesday, February 21 at 7:00 pm. "..".". . " ;";". '_I.', .- ~''''.- ..;,..." . '. . - The board asked that Diannia Midbrod be, notified of the meeting and of the in tended agenda, that is, legal s tra tegies. _,:.:' The executive session closed. '., Maureen Farrell, Secretary . ..' ATD/a 3/6/89 E~H\B'l 0 ilii.~~~( : M.h<,.... ~~~~...~.~.; . "~"''.l.,.,.. . ~~;,' lW,. :';~~',: .~~... :. " ~J:.:.: ~'t:~~... :.:. . CALL:-O OED=:.. .~.:",..~y:...:.. "r.hairm.3n .Jim Franci"" called tbe meeting to order at 7:45 ~~:tt',.:. . ._.' ....._:-- . .... I _.:=J ~~:!:"'"'l''''' ': ........, p.m. .:~1:,~~~ t/~..~.: :::./:;..:.<. >~.'~.. .~~. . . e_ ~~;",,'.'<""~"~ ,.~... "";"R1JL'. L' CI'LL .... :yp;y..~.. ''':. .. ,~. :. '1 ::~~;L:: . i3~ne Beal k:?t, I"laLlreen Farre 11 , .J im Franc is, 8ea t'looney, Bob . .... ,':1'. . J h ." ll'" I 1 D Th b ;;'J';~~. .: 0 n'50r\, .1 t-\LtSSe '.' c.ve or LlS. ~lso present: Anne Davis, Diaonia Midbrod, Mike Sokol GEtHRAL ST. CF=;OIX ')ALLEY COMI"IUNITY ACCESS CORPORATION, INC. &wcu-d of 12 Ap t- 1 I Dire~tors Meeting in ExecLltive Session 19:3'7 UNAPPROVED .. 'I _ ,. '. :',':', ,", t~GE-.ND~. The cg~nda for this meeting consisted of ene item only-the ExecutIve Director position. PRtJCEDURAL 1"11-' TTERS .Jim F~ancis asked whether it wOLlld be appropriate to tape the meeting. Anne Davi5 said she had been advised by her ~ttorney to re~uest a tape 0+ the meeting. Discussion followed, with Beard members expressing the opinion that taping an executive session would not be appropriate. MOVED that the meeting not b8 taped. SECONDED. The motion CARRIED. The presence ef Anne Davis at the meeting was qLlestioned. Maureen Farr8l I MOVED that the meeting proceed with Anne Da~is present. Vi Russell SECONDED. After discussion, Vi Russell offEred a friendly amendmen~ .to the motion, stating that Ure E:oar-,j COL',1 d request that Anne Dav is 1 eave the meeting if leqal Etrategies were to be discLlssed. The "mot i con CAF:~' I ELI. .,:.. "' 'i:' 'i' ~<SYS A~.JD BUILDING SECUPIT'( Jim Franc15 reviewed the i~sLle of keys and building security. H~ said that he had directed Anne Davis to turn .keys to the bl.ti 1 din.; I~vet- to him and that she had rEa,fLtsed. He saij th~t the Board subseq~ently voted to direct ~ne Davis to turn the' keys over to Jim Francis and that she still refLlsed. . Anne' O~vis said.t~at she felt it would be ille9~1 'for her to give kEYS to Jim Francis because he Inten~8d tQ give the keys to employees of the cable company who WRre not 1 eaaeha1ders. Anne Davis eventLlal1y gave the k~y: ':0 ~'i ::::'.\55.el1 \'o/ho ':lave them to .Jim Francis. e 1'.IEl.lSL.ETTEF-. Jim F~~ncis reviewed the issue of the newsletter. He said that n~ gav~ Anne Davis two written directives to send out the newsletter, whic~ had been written by cable company emplY5es~ und~r the Corporation's logo and bLllk mail permit. ~nne 0~vi5 ~8~~sed,.stating that she had checked with two . .... .~~ ., ..;. . .: ".-...1 .~... ....,.' ..... . . .. ....... ,"'r,,", ." ',:"-. .... >... ". :::.>: :"I'~~:.':~(:';' ~ " '. '. . .:. ~~..~ ~":" ,~;~'~-'" ~ '-;'.:~/': /; "; : EXH\Btt E ...,' . . ':. :"",:. ~.~........ . :~~.f~: ". ~~;~:;.~ ,. :.:?r:;: . post~l employees who advised her that permitting a for-pr~fit campan, to use a non-profit corporation's bulk mail ~ermit would be illegal becauaE it would defraud the ~ii;...;~ .. )g:;g~:i ; e~:~ ~ ~ .~ ~ ~:~ ~ ~~e~:::~~ :~~:~~:~~ : ~~: ~ ;~:~ ~:~ ~r ~ )~.'~:;"'" ~'~:?"':'''.'HTTOR~~E'( Gl:::NF.:F:AL' OFFICE '-J"li.'i:f' ...' .:,. ~.. L. ":~:}\~"::-' r )'-:. ThE-re: ~;as d 1 5LtCS5 on abOt.tt the mem05 Anne Dav i s sent to ~ ;"':", " . . - :'~~i;;:' Bf.':lal~d Inembers con ern ing the state statutes rel at ing to .':...... non-P!~of i t corpOt~ t ions and convet~sat ions she had had l^li th the Attorney Gene aI's Office about the statutes. The memos l' caused at least:; me Board me-mbers concern. Mike Sokol '~larified the sta utes for the Board, clarified that the Att~rney General' Office did not provide legal opinions over the t~lephon in response to questions, and stated that Board members nee not feel undue concern about their role ~nd actions as related to the statutes. He further stated that it was his 0 inion that unpaid officers of non-profit ~orooraticns cann t be held personally 1 iable if they act in good faith in dis harging their duties. ~ " T~kEOVER OF ACCEcS CENTER lhere was disucs~ion of whether there had been ~ takeover of the Ac~ess Cente by the cable company. .Jim Francis said that there had b~en no takeover because the pol icies of the Board were being followed by cable company employees; Anne Davis said there had been a takeover and. that cable company .:mplo'1'se-::. had nol- been follo~'ling the policies t:Jf the Board. 80ard members ex ressed the need to monitor activities at the Acces~'C2nte to ensure that the pol icies of the Board are bein; fellow d. ~." . ., ::'.~';~ "... ,." .:"'" ::!:. ...... ';,. ....... . ~ CORPORATION SQUI MENT There ~as dis~us~ ion about the use of Corporation equipment by c~ble company employees.' Mike Sokol clarified that the statutues ~rohib.t the use of a non-profit corporation's eqU1Dment for pr fit, not the use of a non-profit l:orpt:Jr.~tian:':; eq ,ipment by employees of a for-profit comp61.ny w'1en thClt ltSe is. for purposes of PLlbl ic .access. There was ~!scussiQn ~bout the need to ~end letters to any agencies or cQrporations whi h had donated equipment and/or funds for eaU1Pment ~Q the Corporation to clarify the change in status at the Access Ce ter. . ROLE O~ THE CORP RATION lhere was discus ion about the role of the Corporation, oartl~~arlv in 1 'ght of recent events. Maureen Farrell said ~hat she. felt tho Corporation should consider dissolving i l: :';,;: 1 j:. :::n;!ne 8e. I ka sa i d tha t he quest i oned the ro 1 e of the Corporation and elt a need for a conclusion to the present di-Fficu1ti.2'::. M'ke Sokol, spe~.king as a f':Jrmer member of a ~abl~ comm~s3ion and not as an attorney, said that he felt e :" ... :'..:::. ." ....,:.... ....t....,. .' '." :.. .';...J.., ,. ... '. ..~. . .... '.~J:.:A'R.}~:"' .=:~~J1~f .. . ;.:.;<::~'~t:J , .', ;.... ". ,'" ..~~\-.: -..::::" ~': . '. .'., . ..... :.< }~t~. ,. .. h.,' ~ - e tit ,'~.,.L " ~~:~i',,:'" ~ ~~l:.~I~: ~~:~:,r .~ ~....., ." ;;~ ".,.7. ".. ~~!12,~"~' . ~~~::' '.~" \1 . .!;&:, : ~: (:ti: '. ' ,~1t~I~: .:,',~',' \ 0 V. 1:.:U:~-" . ~ii";~~: . .: ~~:ij~, ,r ,.~:~;~.;.~~,~: iI ::;-.i;;:..~' . ~;~~: :;~i' ~"'" I'i;' . J!,\:::. ' ,!f./'>'" . '.~~!..~: ~ , rm!J~'" .~: 'l"....~~~_;.... _" }I: ~~~... J' .' Ij.' t :." ~ . It th~~ 80ard should try to and regain a position as because the alternatives either the cable company weather the present difficulties an effective advocate for access were control of access channels by or the cable commission. FINANCIAL MATTERS 8e~ Mooney de~cribed the efforts she and Anne Davis have made to gather budget information to send to the Central Croix Val ley Joint Cable Commission in response to their reqLlest. She" a1 so reviewed the financial history of the C6rperation. Board members expressed concern about the status of t~e budget. St. RECESS FROH9-9:10 p.m~ DIRECTIVES ~qOM CHAIRMAN ,1im Fr:?n.cis distrib'_lted copies of \./ritten directives he had ~ent to Anne Davis, stating that she had ignored many of them. TERMINATION OF EXECUTIVE DIRECTOR Dave Thorb~s MOVED that, in view of the current and past ::;ituati,::m, \'Je terminate cur resen ',pcutive Ilrec , . evaluate ~nd redefine the job description, and search for a ~ew in~ivldual as soon as possible. Gene ~ealka SECONDED. Discussion followed. Gene 8ealka asked Anne Davis if she would consider resigning; she ~epl ied that she coul~ not afford to do that, that ~he had been advised she wd~ld need to b~ ~ired in order to collect unemployment compen~ation. She suggested that the motion be. reworded along the~lines of firing her in order to protect the Board's position~and . budgEt. B~a M~one'f stated that she would resign if Anne Davis were ~erminated. At this point, the 80ard wished to discu~~ 1eg~1 issues ~Jith its attorney and therefore requested that Anne Davis and Oiannia Midbrod leave the room which they did, with Oiannia Midbrod objecting to being e:{cl'-Id"~d. At the conclusion of the 8oard's discLlssion with its attorney, Anne Davis and Diannia Midbrod returned to the room. Maure~n Farrell asked Anne Davis again if she would coneld~~ resigning: Hnne Davls respectfully decllned. Ihe ~.leS=ti(Jn \~",-S ca\le~. lhe metlon Li4b:Hll::.Ll. A roll c3l1 vote was r~que.=ted with this result: ;iYE Gene Eealka It' i F: '_I:; S e! 1 [)ave Tl1orbu9 8,~b Jchnson I . NAY Sea M'::loney r-laureen F='.rre 1 I [1t:.1E Or- TEF:.I-n!'J~TIOI-.! Dave T:iorblJS 1'1t]I)ED.that this termination action t3ke place lmm2diately. that all keys be submitted at once, that a pavro! I che~k be immediately issued fer the accrued salary to the date of .termination, that any properties of the Corpor~tian be retured, and that there be no admittance to '~" . . -" " ...:" ';"-' '.' .~.:. . ..... ":'. ," :.: ::- .~. 'h' . ....r.:..':._.', . . .. :~::: ..',::;-;;,~L : ,'i;'gj\?Y : ~.~~:.~:"~~;.:;-. :~"".;I:. -:"'..;.' . .: .::~ :~.::~': .~~. ,~~..i>!..;...... ~.-'. 'I:' I !,f~"'.~ ~jf::.:.' the Corpor.:.t ion off i '...:..' Bob .Johnson SECONDED .;.,,;c:-~~'. I'J.:\S r'l?que:=to?d ~.,ith t .. '.f . . :, :~- . .~YE i,h:;-;:.::...,. ~!::Li;~;~!:s ~'~i~'~'~: ':':'--:. ..:. ..,'.... Bob Johnson ~~).;:,;:., ,,;,~: ~:,~.:':' /(;:<:.~ .: ~4tn~,'1:;'-:::-' (.'. SEVEF''::~NCE F'Af- ~K~;~:'.:}~:;;~?j:::::;:Vi. RL~=sell t'IQVED tha ~:;t~~:i'. .... ; . pCl.y of one month's s 2....::".: "termination. Mauree , . ......J. . .:.....,.... ,., ''-~ ;;-.. ~t~~~:..~:.. : . 'NEW EXECUTIVE DIRECT ..Vi Russell MOVED tha .motion a process to '90ssible. 80b Johns -:., '. e without the approval The motion CARRIED. is result: of the Chairman. 'A roll call vote NAY Sea 1100ney t'laureen F arre 1 1 . the 80ard grant Anne Davis severance lary in 1 ieu of advance notice of Farrell SECONDED. The. motion CARRIED. p the Chairman of the Board set in ire a new Executive Director as soon n SECONDED. The motion CARRIED. BEA MOONEY RESIGNS Bea Mooney submitted a letter of resignation to Jim Francis. ;~.<,..", ~!':~i If' ~~r::.; ~;.k' . ~...~,,:. ~---:""".I ~f~,~'> ."'....)'.. ;:~~~~'~ '.. . :~~~.~~~~' . A D.JOUPI'lMENT Gena 8eal~a MOVED to SECmmED. The mot io 10:45 p.m. pp.~pectfuI1y submitt d, "'1,~'-Ir8'8n F.,:I.rr81 1 '. Sect~etar).' --'" ' . ", . . . ,..: . ': ".~. . ..... -~., , .. ., '-. .' ',..,f 'adjourn the meeting. Vi Russell CARRIED. The meeting adjourned at . .... '.,' , . e ..," -,,:-. .,: ' .,.... .,.. . . .#....,,':-. ~. . ....; .,~.:.......', . . ',,;! :,..:.7 ~ '. . .:a.S "'- ....;. , . . ,.-. i. -.'. '. .. ... '.I~~;::"X~( . -...~ '.<:'~~;. .:;. ':" :,""-.- . :,', ::~:~.~~~..~~; '. ",.....:. .:.':".:, . . ..." . .... '-.' ..... '.. ., :~';''7' ~. -'-' J' e e . . -~ /' .. , It ~ V lj.,,' (1 .'.' ij-.{'!/,\II t'., Ii \" /. I) .,.. ~i!)< t:~~"1 t1lli King Vi.: leocable Ccmpany i".~tl 1~11t11 ~~III"" '~""t!1 (',.ft:",.. (.~rl'VI'. ~~ltftll'''~III.l ~',':P1': h';' .f!," IIUif.; I 1l11f1,:'~.'i .11;.\11 J\11 ..\lhh:II" ,~f J':if1" 11''':1''':'1'.'"1(1 C'(\fflfl'~"'l February 15, 1989 ~ " ." \ \. \ Mr. Mike Knutson Chairman Central St. Croix Valley Cable Communications Commission 1941 So. Greeley Street Stillwater, MN 55082 Dear Mike, \ Thank you for the opportunity to meet with members of the Central I St. Croix Valley Joint Cable Communications Commission and members of the Access C~rporation. I appreciate the chance to discuss issues related to the operation of Community Programming which affect the Commission, the Corporation,\ King Videocable, and cable television customers in the' Central St. Croix Valley area. As you will recall from our discussions during the transfer _ process, King Videocable has experience in, "and a tradition of, providing Local Programming services in communities served by their other catlle television systems. The evolution of a "co- management" relationship in the Central St. Croix Valley area between the cable operator, the Access Corporation, and the Cable Commission, is a new situation for King Videocable. This situation apparently began with a letter that Mr. Byron Wurtz from TDS had written the Commission explaining his feelings regard~ng the operation of Community Programming. We have read Mr. Wurtz' letter and have discussed the matter with him directly. He has assured us that he never envisioned the type of "hands off" relationship currently in effect. We are all aware of the problems caused by the current operating environment. King Videocable employees have been told they should have no contact with our office for even the most routine matters. We have been told that authority to hire, promote, discipline, and terminate employees at the Access Center is the responsibility of the Access Corporation's Executive Director rather than King's, as the cable 0perator. The problems however, seem to go beyond even reporting structure which has evolved since Mr. letter. There seems to be substantial problems management at the Access Center. the cumbersome W u r t Z \iT." 0 t e his with the current "rrlVlNI; Mrr~Nc'.or" ""If') wl~Ct'rl':IN r:0(,II.iIINII frO. 1.11' rllf' ~; r (:1:1 'I~ v."! 1.f' Y 1\l10ft. n:l'/pr",. 11:1yhtW" (p',-,'I..,III9'. COlt:..,... I,~"l\''' Pr'ltI,rulr. 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I:: 0) X..-l e -r-I 0 00 0 ::l 0 <II 0) 0 m Q) >..0..-1 0) I-< OJ e ro o..ro.c:: e e.c:::~.u U U4-l ell"-{ .u OJ .OJ or-! 0 OO~ 0..-0 ro 0 0..0) I-<.u <l.)r-I OJ ~ (!j . .0 eo <ll OJr-l S OJ ro 0 U <tl c: o)..-l 0) 0) U U o IJ <II I:: \.c 0 d \.c \.c I-< H 0) I-< r-l I :l: U \.c OJ <ll .c:: ell 0 I-< OJ I-t ..-I.c:: ::l..-l ro.1J OJ ro OJ U l.o c::: .c:..-I >'0 0 ro o..c: 0 :lD 4-1 ro ::lU-l :Il I:J 04-1 U ~~o.. HLJ 01 U ro ~ H4-l ro.oJ.Jr-l-O.c: ro.1-< ,..J I-<<U..-I ~~.oU OOE! ~.uU ro 0...-1 0 0:>- I-< ~O< .--- . '- '""" .- . ~, .... ""'~ \.. ..... f. .~-; 1/" ~e e ,... , Mr. Mike Knutson February 15, 1989 Page 3 .To that end, we are prepared to take the following actions: 1) As I mentioned in my letter to Jim Francis on January 31, 1989, Roy Lalime has been appointed Community Access Coordinator effective Tuesday, February 21st. As Community Access Coordinator, Roy will report directly to me. All King Videocable sta~f at the Access Center will report directly to Roy. We are in the process of revising the job descriptions for each position and will forward that information to the Commission as soon as it"is available. 2) Roy after consultation with me, will have responsibility over all purchase orders, invoices, hiring of employees, termination of employees, promotion of employees, and discipline of employees. All employee time sheets must be approved by Roy prior to issuance of payroll checks. Roy and I will meet weekly to discuss programming activities. The quarter and half-time employees will be invited along with Roy to our monthly company employee meetings. Attendance at these meetings is optional for quarter and half-time employees. " 3) When the current studio lease expires in June, King Videocable will attempt to enter into a lease agreement directly with Washington County for studio and office space. If it is not possible to come to terms on a studio lease at that time, an alternative studio location will be sought. We are not eager to take the steps which I have outlined above. We do so only in light of the mis-management which has been brought to our attention. Perhaps at a future date, when the Access Center is functioning productively in a positive environment, it may be possiole to sit down and discuss re- directing the responsibility for Community Programming in the Central St. Croix Valley area. Mr. Mike Knutson Fe bruary 15, 1989 Page 4 I look forward to "meeting with you, the other members of the Commission, anu the A cess Boaru to discuss this matter further. If you have any ques ions about this or other matters, please do oot hesit le to contact Ine directly. Stooll '"p\u~ ~JJ . mes W. mmers \ V ceo Presiden t. . ng Videocable Compa y JWC/co cc: Jim Francis, Access Corporation - " -, I " e e e RECEIVED e STATE OF MINNESOTA COUNTY OF WASHINGTON C{- ~- 1D ()@[te __-..' .' . DISTRICT COURT TENTH JUDICIAL DISTRICT Anne T. Davis, Case Type: Other Civil File No: Plaintiff, v. Central St. Croix Valley Joint Cable Communications Commission; Central St. Croix Valley Community Access Corporation, Inc., n/k/a Valley Access Channels; King Videocab1e Company; Michael E. Knutson; Jac1yn Ulrich; Ann M. Bod1ovick; Jack Doerr; James N. Francis; David Thorbus; Gene R. Bea1ka; Robert D. Johnson; Viola H. Ru sse 11 , PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS OF DEFENDANT CENTRAL ST. CROIX VALLEY JOINT CABLE COMMUNIC^TIONS COMMISSION Defendants. e TO: Defendant Central St. Croix Valley Joint Cable Communications Commi.ssion. PLEASE TAKE NOTICE that Plaintiff Anne T. Davis ("Plaintiff") requests, pursuant to Rule 34 of the Minnesota Rules of Civil Procedure, that Defendant Central St. Croix Valley Joint Cable Communications Commission ("Commission") produce for inspection and copying all documents and other things herein set forth below. This Request is continuing in nature. Plaintiff requests that the designated documents be produced at such time and location as may later be agreed upon between counsel, but in the event that counsel are unable to agree, Plaintiff requests that the documents be produced at the offices of its attorneys, Moore, e Costello & Hart, 1400 Norwest Center, 55 East Fifth Street, St. Paul, Minnesota 55101 with n forty-five (45) days after the service of this Request for Producti n of Documents. DEFINITIONS 1. II Document" eans, without limiting the generality of this definition, any kind of written, printed, typed recorded, or graphic matter, however prod ced or reproduced, of any kind or description, whether sent, receiv d or neither, or by which information or data is stored, whether orig nals, copies and drafts and both sides thereof, including but not 1i ited to: papers, books, handwritten notes, publications, book e tries, letters, objects, correspondence, telegrams, cables, t lex messages, memoranda, notes, data, work papers,. interoffice communic tions, interdepartmental communications, transcripts, minutes reports and recording of telephone or other conversations or con erences, forms, studies, plans, specifications, evaluations, contrac s, agreements, invoices,'checks, drafts, vouchers, ledgers, journals, b oks or records of accounts, bills, receipts, financial statements tabulations, calculations, charts, graphs, maps, surveys, drawings, r nderings, diagrams, photographs, microfilms, and any other such retri vable data, whether in computer storage, carded, tapes, coded d electrostatically, electromagnetically or otherwise. 2. Each docume t requested herein pertains to documents in your possession or or subject to your control, prepared or reflecting, referrin or relating in any way to any fact, occurrence, thing or matter desc ibed, whether they are in any of your offices or any office maintaine by you, your agents, attorneys or any of them. - 2 - ~ e e e /,' ~t e e e 3. The specific designation of certain categories of documents shall not be deemed to limit more general designations of documents in any manner. 4. "Commission" means the Central St. Croix Valley Joint Cable Communications Commission. 5. "Corporation" means the Central St. Croix Valley Community Access Corporation. 6. "King Video" means King Videocable Company. 7. "Access Center" means the Community Access Center located in the Historic Courthouse, Stillwater, Minnesota. REQUESTS FOR PRODUCTION 1. All minutes, notes, recordings or any other records of all Commission meetings, including meetings of any Committees and executive sessions, from January 1, 1988 to April 30, 1989. 2. All documents which make any reference whatsoever to Pl a i nt iff.. 3. All letters, memoranda, or other communications between the Commission and the Corporation related to the Corporation's funding for fiscal year 1989. 4. All letters, memoranda, or other communications between the Commission and the Corporation from January 1, 1988 forward. 5. All letters, memoranda, or other communications between the Commission and King Video from January 1, 1988 forward. 6. All letters, memoranda, or other documents which refer in any manner to flow-through financing of the Corporation and the access center. - 3 - 7. All documlnts which relate in any manner to the formation of the Corporation by the Commission, including but not limited to all documents which ref r to the reasons for formation. 8. All docum nts which relate to or describe the relationship between the Commiss on and the Corporation. 9. All docum nts which relate to or describe the relationship between the Commisslon and King Video. 10. The curre t version of Cable Franchise Ordinance and all agreements required or authorized thereby. 12. All 11. All docum nts which relate in any manner to the operation of the community acces center, including but not limited to all documents which describe the arious roles the Corporation, the Commission and the Franchise Holde are to play in its operation. nts which relate to Plaintiff's term of employment with the Commission, including but not limited to job descriptions, performance evaluations, 'contracts, and personnel files. 13. All documents which relate in any manner to Plaintiff's termination by the C mmission. 14. All docume ts which describe or relate to the powers, duties, and authority of the Commission. - 4 - J~'~ e - e e - e ....", 15. All documents which relate to or describe the operation of the access center since Plaintiff's termination. MOORE, COSTEllO & HART Dated: fj~" S' ,1990 BYph~~ Attorney license No. 53788 Deborah B. Hallbeck Attorney license No. 193409 1400 Norwest Center 55 East Fifth Street St. Paul, MN 55101-1792 (612) 227-7683 Attorneys for Plaintiff Anne T. Davis - 5 - 0", fRECBVB> e STATE OF MINNESOTA COUNTY OF WASHINGTON DMe 1-fc,-Cfo DISTRICT COURT TENTH JUDICIAL DISTRICT Anne T. Davis, Case Type: Other Civil File No: Plaintiff, v. Central St. Croix Valley Joint Cable Communications Commission; Central St. Croix Valley Community Access Corporation, Inc., n/k/a Valley Access Channels; King Videocable Company; Michael E. Knutson; Jaclyn Ulrich; Ann M. Bodlovick; Jack Doerr; James N. Francis; David Thorbus; Gene R. Bealka; Robert D. Johnson; Viola H. Russell, , PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS OF DEFENDANT CENTRAL ST. CROIX VALLEY COMMUNITY ACCESS CORPORATION, INC. Defendants. e TO: Defendant Central St. Croix Valley Community Access Corporation, Inc. . PLEASE TAKE NOTICE that Plaintiff Anne T. Davis ("Plaintiffll) requests, pursuant to Rule 34 of the Minnesota Rules of Civil Procedure, that Defendant Central St. Croix Valley Community Access Corporation ("Corporation") produce for inspection and copying all documents and other things herein set forth below. This Request is continuing in nature. Plaintiff requests that the designated documents be produced at such time and location as may later be agreed upon between counsel, but in the event that counsel are unable to agree, Plaintiff requests that e the documents be produced at the offices of its attorneys, Moore, Costello & Hart, 1400 Norwest Center, 55 East Fifth Street, St. Paul, " Minnesota 55101 wi Request for Produc forty-five (45) days after the service of this of Documents. e DEFINITIONS 1. "Document' means, without limiting the generality of this definition, any ki d of written, printed, typed recorded, or graphic matter, however pr duced or reproduced, of any kind or description, whether sent, rece ved or neither, or by which information or data is stored, whether or ginals, copies and drafts and both sides thereof, including but not imited to: papers, books, handwritten notes, publications, book entries, letters, objects, correspondence, telegrams, cables, telex messages, memoranda, notes, data, work papers, interoffice commun cations, interdepartmental communications, transcripts, minut s, reports and recording of telephone or other conversations or c nferences, forms, studies, plans, specifications, evaluations, contr cts, agreements, invoices, checks, drafts, vouchers, ledgers, journals, books or records of accounts, bills, receipts, financial statemen s, tabulations, calculations, charts, graphs, maps, surveys, drawings, renderings, diagrams, photographs, microfilms, and any other such ret ievable data, whether in computer storage, carded, tapes, coded red electrostatically, electromagnetically or otherwise. - 2. Each ent requested herein pertains to documents in your or subject to your control, prepared or or relating in any way to any fact, occurrence, thing or matter de cribed, whether they are in any of your offices or any office maintai ed by you, your agents, attorneys or any of them. possession or e - 2 - " e 3. The specific designation of certain categories of documents shall not be deemed to limit more general designations of documents in any manner. 4. "Commission" means the Central St. Croix Valley Joint Cable Communications Commission. 5. "Corporation" means the Central St. Croix Valley Community Access Corporation. 6. "King Video" means King Videocable Company. 7. "Access Center" means the Community Access Center located in the Historic Courthouse, Stillwater, Minnesota. REQUESTS FOR PRODUCTION 1. All minutes, notes, audio tapes, video tapes or any other records of all Board meetings occurring between January I, 1988 and Apri 1 30, 1989. 2 . All correspondence dated January 1, '1988 or 1 ater between the Corporation and the Commission and the Corporation and King Video. 3. All handwritten notes prepared by Plaintiff during her term as Executive Director. 4. All memoranda written by Plaintiff from January 1, 1988 on. 5. All memoranda written by the Board and/or its Chairperson to Plaintiff. 6. All minutes, notes, audio tapes, video tapes or other records of all executive sessions of the Board from the period January 1, 1988 to April 30, 1989. 7. All correspondence, sent or received, from January I, 1988 which refers to any manner to Plaintiff. e e - 3 - r' 8. All document which relate in any manner to the operation of the access center duri g the time Plaintiff was Executive Director. 9. The Corporat'on's Articles of Incorporation, By-laws, and any other documents which orm the basis of the Corporation or reflect its powers and duties. 10. All document which relate to or describe the relationship between the Corporatio and the Commission. 11. All document which relate to or describe the relationship between the Corporatio and the Commission. 12. All document which refer in any manner to Plaintiff's performance as Executi e Director, including but not limited to all annual performance eva uations. e 13. The personne file of Plaintiff. 14. All minutes, reports, and recommendations of the executive committee and the poli y and planning committee of the Board for the period January 1, to April 30, 1989. 15. Minutes, not s, audio tapes, video tapes, or any other records of all joint meetings f the Board and Commission occurring from January 1, 1988 onward 16. All document -- any manner to funding dated January 1, 1988 or later, which relate in or the Corporation and its budget. e - 4 - e -- e ;I '\. 17. All documents which relate to or describe the operation of the access center since Plaintiff's termination. Dated: ~~s- MOORE, COSTELLO & HART . 1990 By ~~ Phyll i Karasov Attorney License No. 53788 Deborah B. Hallbeck Attorney License No.. 193409 1400 Norwest Center 55 East Fifth Street St. Paul, MN 55101-1792 (612) 227-7683 Attorneys for Plaintiff Anne T. Davis - 5 - t RECEtV BJ 0lIt!I Cf- ~_ C/O e STATE OF MINNESOTA COUNTY OF WASHINGTON DISTRICT COURT TENTH JUDICIAL DISTRICT Anne T. Davis, Case Type: Other Civil File No: Plaintiff, v. Central St. Croix Valley Joint Cable Communications Commission; Central St. Croix Valley Community Access Corporation, Inc., n/k/a Valley Access Channels; King Videocable Company; Michael E. Knutson; Jaclyn Ulrich; Ann M. Bodlovick; Jack Doerr; James N. Francis; David Thorbus; Gene R. Bealka; Robert D. Johnson; Viola H. Russell, PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS OF DEFENDANT KING VIDEOCA8lE COMPANY Defendants. - TO: Defendant King Videocable Company. PLEASE TAKE NOTICE that Pl a i nt iff Anne T. Davi s ("Pl a i nt iff") requests, pursuant to Rule 34 of the Minnesota Rules of Civil Procedure, that Defendant King Videocable Company ("King Video") produce for inspection and copying all documents and other things herein set forth below. This Request is continuing in nature. Plaintiff requests that the designated documents be produced at such time and location as may later be agreed upon between counsel, but in the event that counsel are unable to agree, Plaintiff requests that the documents be produced at the offices of its attorneys, Moore, Costello & Hart, 1400 Norwest Center, 55 East Fifth Street, St. Paul, e l Minnesota 55101 with n forty-five (45) days after the service of this Request for Producti Documents. DEFINITIONS 1. "Document" without 1 imit i ng the genera 1 ity of thi s definition, any kind of written, printed, typed recorded, or graphic matter, however prod ced or reproduced, of any kind or description, whether sent, received or neither, or by which information or data is stored, whether originals, copies and drafts and both sides thereof, including but not 1i ited to: papers, books, handwritten notes, publications, book correspondence, telegrams, cables, t lex messages, memoranda, notes, data, work papers, interoffice communications, interdepartmental communications, transcripts, minutes, reports and recording of telephone or other conversations or con forms, studies, plans, specifications, evaluations, contrac s, agreements, invoices, 'checks, drafts, vouchers, ledgers, journals, books or records of accounts, bills, receipts, financial statements, tabulations, calculations, charts, graphs, maps, surveys, drawings, renderings, diagrams, photographs, microfilms, and any other such retrievable data, whether in computer storage, carded, tapes, coded or store electrostatically, electromagnetically or otherwise. 2. Each document requested herein pertains to documents in your possession or custody or subject to your control, prepared or reflecting, referring or relating in any way to any fact, occurrence, thing or matter described, whether they are in any of your offices or any office maintained by you, your agents, attorneys or any of them. e - e - 2 - . . ,.. e 3. The specific designation of certain categories of documents shall not be deemed to limit more general designations of documents in any manner. 4. "Commission" means the Central St. Croix Valley Joint Cable Communications Commission. 5. "Corporation" means the Central St. Croix Valley Community Access Corporation. 6. "King Video" means King Videocable Company. 7. "Access Center" means the Community Access Center located in the Historic Courthouse, Stillwater, Minnesota. REQUESTS FOR PRODUCTION 1. All correspondence between King Video and the Commission from January 1, 1988 forward. 2. All correspondence between King Video and the Corporation from January 1, 1988 forward. 3. .All documents which relate to or describe the relationship ~etween King Video and the Commission, including but not limited to the Franchise Agreement and all related agreements. 4. All documents which relate to or describe King Video's role with respect to providing community access under the terms of Franchise Ordinance. 5. All documents which relate or refer to flow-through funding of the Access Center by King Video. 6. All documents which relate to or describe King Video's obligations for financing and/or providing Access Center to the cable system. e e - 3 - 7. All docume operation of the Acc 8. All docume which refer in any manner to Plaintiff or the Center while Plaintiff was Executive Director. the operation of the Access Center since Plaintiff's termination. in your possession which relate to or describe Dated: .r MOORE, COSTEllO & HART . 1990 By ~K~ Phylli Karasov Attorney license No. 53788 Deborah B. Hallbeck Attorney license No. 193409 1400 Norwest Center 55 East Fifth Street St. Paul, MN 55101-1792 (612) 227-7683 Attorneys for Plaintiff Anne T. Davis - 4 - ... ...;.""- e - e . _ 'L e IthIUUWl5Jth81f' liDmDlBUl1I ILIImNIf7 133 l@rirlillF@l!IrirlillttNatt itlU U\'I1l!Ji1l1r II "I iSlI@12 Board of Trustees Minutes August 6, 1990 Pt-esent: Anderson, Cass, Childs, Engebretson, Hansen, Ka1inoff, Schmidt, and We 1 shons. 1. The meeting was called to order at 6:32 pm by President Hansen. 2. Moved to adopt the agenda as mai I ed. SiP. 3. Moved to approve the mi nutes as mai 1 ed. SIP. There were no communi cat ions. 4. Moved payment of bi 11 sin the amount of $7,339.01. SIP. e 5. Commi t tee reports. Admi ni strat ion - Hansen noted that he had di scussed wi th WCL the proposal that parents be a 11 owed to flag cards of mi nor chi 1 dren so that they could not check out video cassettes. WCL will discuss it at their August meeting. Various staffs have been asked to formulate a sui tab I e pol icy. I t may take months. Budget and Fi nance - Lynn was asked to reduce the proposed increase to 5 % from 12 %. She has done so, in part by e 1 i mi nat i ng the requested Sunday hours. We may get some of the reduction back, but probably not the Sunday hours. Goal s - No report. e Public Relations - Book bag effort is nearing completition; Anderson has passed it on to 'w'e 1 shons. They are deve 1 opi ng an art theme that can be used on the bags and other items; working on a new brochure, and on a hospital handout for new mothers. -- e e e " Special Projects - Lumberjack Days parade participation was judged a success. Secretary directed to write a thank-you note to the Norris Swagers for the use of thei r love 1 y red convert i b 1 e. WCL Liason - WCL is establishing an expansion schedule. They are also worki ng on a vi deo cassette !Xl 1 icy. 6. 01 d Busi ness A. Adu1 t programmi ng - SPL Foundation -Following discussion with St. Paul Foundation, which he brought before the Board, Schmidt was asked to present a revised draft of a proposed contract at the September meeting. Goals Statement - None formulated yet. Fund Raising - Will commence organizing after above are in place. B. Chi 1 dren's L i brari an - Gai 1 Nordstrom has been hi red to begi n September 4. There were a number of app 1 i cants. C. Public Access Catalog - Progress is slow. WCL is considering sever-a 1 options whi ch may i nc 1 ude a j oi nt effort wi th Ramsey and Dakota counties. D. Policy Review - The Loan, Overdue Charges, St. Croix Valley Room, and Video Cassette policies are being reviewed by the staff. E. Other - none. 7. New Business A. Mark Anderson's resi gnat ion - f1ark noted the press of busi ness and family. Moved to accept his resignation effective end of August. SiP. B. Board Vacancy - Hansen reported that the Mayor had asked that the name of Anita Buck, who had been on the last list of nominees; be submi t ted. Hansen has checked wi th her and wi 11 submi t her name. C. Efforts to combat book vandalism - These efforts continue. The targets have included a range of works on history. We hope that we will not have to go to checking bags at the door... D. Possible change in board meeting night - \ve will ask the weaving club to move if they can. E. Other - none. 8. Presi dent's report - none. 9. Di rector's report none. She 1 s ill. Noted recei pt of a report from the Technical Servi es Staff. 10. Adjournment - M ved adjournment at 7:31. SIP. Submitted: w. Ves Childs Secretary ~. " e e e