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MINUTES _ '~ SPECIAL CITY COUNCIL MEETING OCTOBER 7, 1981 PAGE 6 Warkentin mentioned that Falcon Heights had paid $88,000 to St. Paul OVERFLOW (cont. over twenty years ago for separation of sewers which was never done, and if St. Paul desires to start over then the $88,000 plus interest, and inflation factor should be returned to Falcon Heights. Attorney Allen informed that he had checked into whether a 10% per SEWER LATE quarter late penalty on sewer charges violated any law. He stated PENALTY CHARGE that is all depends on whether or not a court of law would consider it to be a penalty or interest. If it were determined to be a penalty there would be no problem. Council agreed that the intent is to charge a penalty. In reply to a question raised at a previous meeting Attorney A11en CONTINGENCY informed that the City could contingency zone the University of ZONING DIS- Minnesota property. Councilmember Larson stated that the Planning CUSSION Commission has addressed the matter in conjunction with the re- writing of the Zoning Ordinance. Councilmember Eggert inquired as to the City`s legal right without contingency zoning and was assured by the City Attorney that all P1 and P2 areas would remain P1 and P2 even if it is sold. If the land is to be used for any other purpose it would require rezoning. Councilmember Brown informed Council that the Fire Department is FIRE DEPT. STET holding the annual steak fry on October 24, 1981 at 6:00 p.m. at FRY TO BE HELD the City Hall. All Members should make Councilmembers are invited and all interested reservations two to three days in advance. 10/24/81 DANCE TICKET Councilmember Brown also noted that the Fire Department has begun SALES BEGiN sale of tickets for the annual dance. Councilmember Larson stated that Mr. Philip Meyers had attended the October 5, 1981 Planning Commission Meeting in an attempt to obtain approval to construct a 6-plea on the property at 1899 W. Larpenteur. Councilmember Larson was concerned that even though the Planning Commission informed Mr. Meyers that he must come back to the Com- mission with plans, Mr. Meyers` reaction indicated that he had no doubt but what approval would be granted. Councilmember Brown, who attended the Planning Commission Meeting, stated that the Gom- mission informed Mr. Meyers that they had nothing to work with and must have plans. Council directed the Clerk Administrator to mail a copy of the October 5, 1981 Planning Commission Minutes to Mr. Meyers to clarify the matter. DISCUSSION ON PROPOSED 6-PLEA 1899 W. LARPENTEUR Council discussed the problem of Council, Commission and Committee RULING ON USE Members contacting consulting employees such as Attorney,-Engineer OF CONTRACTUAL Planner, etc.. Council directed the Clerk Administrator to write a EMPLOYEES BY letter to all Commission and Committee members requesting that members COUNCIL, COM- must refrain from using consulting services without the express re- MISSION AND quest of the Council as the Council is the only body which can author- COMMITTEE ize expenditures of public funds. In regard to Councilmembers, Attorney MEMBERS Allen recommended that any subject which would require research should first be approved by Council before contacting consultants, but that simple problems, such as clarification of matters, be allowed on an individual basis.