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HomeMy WebLinkAboutCCMin_70Jan82918 MEETING OF JANUARY 8, 1970 The regular meeting of January 8, 1970 was called to order at 7:05 P.M. with the following members present: Mayor Waxkentien, Councilmen Black, Ecklund and Stone. Engineer Lemberg arrived at 7s10, Treasurer Olsen at 7:20 and Attorney Seed at 7:30 P.M. Minutes: Stone moved that the minutes of the meeting of December 18, 1969 be approved as written. Seconded by Ecklund and motion carried. Oaths of Office: Mayor Warkentien: The oath of office was administered by acting Mayor, Charles Stone to Willis Warkentien, re-elected Mayor of Falcon Heights. Councilman Black: The oath of office was administered by Mayor Warkentien to William Black, re-elected Councilman of Falcon Heights. Justice of the The oath of office was administered by Mayor Warkentien Peace Carroll: to William Carroll, re-elected Justice of the Peace of Falcon Heights. Appointments for Year 1970: Official Newspaper: Stone moved that the Sun Newsp~er be retained as official newspaper for Falcon Heights. Black seconded and motion carried. Attorney: Ecklund moved that the firm of Briggs and Morgan, repre- sented by Peter Seed, be retained as Pillage Attorney. Stone seconded and motion carried. Engineer: Black moved that the film of Bonestroo, Rosene, Anderlik & Associates, represented by Brad Lemberg, be retained as Village Engineer, Ecklund seconded and motion carried. Building Inspector: Black moved that Richard Magnuson be retained as Village Building Inspector. Seconded by Warkentien and motion carried. Civil Defense Stone moved that Henry Dachtera be retained as Civil Director: Defense Director at same salary as last year and Mrs. Dachtera as assistant without salary. Ecklund seconded and motion carried. Gas Inspector: Stone moved that Frank B. Eha be retained as gas inspector for the Village. Black seconded and motion carrl.ed. Weed Tnspector: Ecklund moved that Ken Quaziz b e retained as Village weed inspector. Warkentien seconded and motion carried. Acting Mayor: Warkentien moved that Charles Stone be re-appointed as acting Mayor 3.n theevent Mayor Warkentien is absent. Seconded by Black and motion eaxried. _ 2919 Appointment of Black moved that William E. Olsen be appointed Treasurer Treasurer: of the Village of Falcon Heights for the year 1970 at a compensation of $100 per month, with the understanding that he may be requested to serve as deputy clerk without addi- tional compensation. Seconded by Warkentien and motion carried. Electrical Inspector: Black moved that Gilman Moe be retained as electrical in- spector for the village. Stone seconded and motion carried. Safety Deposit Box: Waxkeatien moved that the Village continue renting a safety deposit box at the Falcon Heights State Bank. Stone secon- ded and motion carried. Mvn3.cipal Bond Black moved that the Village retain Juran and Moody as Consultants: M:an3.c3pa1 Bond Consultants. Stone seconded and motion carried. Horticulturist: Ecklund moved that the Village reta3.n Dr. C. Gustav Hard as Village Horticulturist. Warkentien seconded and motion carried. Animal Control: Black moved that the B & E Patrol be retained to furnish animal control services for the Village. Stone seconded. Ecklvnd opposed. Black moved that we reconsider the appointment of the B & E Patrol for the year 1970. Stone seconded. Stone moved that the matter of reta3.ning B & E Patrol be laid on the table. Black seconded and motion carried. Official Depository - Stone moved, seconded by Ecklund that the following reso- Resolution 70 - 1: lotion be adopted. Upon a vote, the resolution was de- clared unanimously passed. RESOLVED that the Falcon Heights State Bank of Falcon Heights, Minnesota, be and is hereby designated as a de- pository for the funds of the Village of Falcon Heights and that the Village Treasurer is authorized to deposit general and other funds therein to the amount of two-hundred fifty thousand dollars ($250,000). RESOLVED FURTHER that the collateral shall be furnished by the Falcon Heights State Bank in lieu of the corporate or surety bond required by law, consisting of two-hundred forty-five thousand dollars ($2.5,000) face of U. S. Govern- ment Obligations accompanied by an assigrunent providing that in case of default on the part o f the Falcon Heights State bank, the Council has full power and authority to sell the collateral or so much as may be necessary to realize the full amount due the murii.cipality. RESOLVED FURTHER that checks of the Village of Falcon Hie3.ghts drawn upon the said bank account shall be honored by said bank only if signed by the Mayor, f~lerk, and the Treasurer of the Village of Falcon Heights, Minnesota. In the absence of a~ one or more of the above, the acting Mayorts signature shall be honored 3.n place of the Mayer, and the Deputy Clerk-Treasurers signature shall be honored in place of the Clerk or Treasurer. 2950 l f g 7d RESOLVED FURTHER that this designation shall be effective until the endof the present calendar year. Posting Places: Warkentien moved, seconded by Ecklund that the following nated official posting places: be desi l g aces p 1. Village Hall - 16l~la. W. Larpenteur Avenue 2. Applebaum's Market - 1558 w. Larpenteur Avenue 3. Borgstrom's Pharmacy - Hamline and Iowa Avenue 4. Falcon Heights Pharmacy - 1707 N. Snelling Avenue Upon a vote, the motion was unanimously carried. Arlu~.de1 Street Sewer Stone moved that we authorize the Mayor and Village Clerk Settlement Agreement: to sign the Arundel Street Sewer Agreement, which is attached hereto as Exhibit "A", and to accept the figure 3xi the amount of $49,939.37 refunded by the City of St. Paul. Seconded by Ecklund and motion passed. Investment of Sewer .Warkentien moved that the Village Treasurer be authorized Refund Check: to meet with Mr. Janssen, of the Falcon Heights State Bank, to arrange the most favorable investment of $49,939.37 refunded by the City of St. Paul. Seconded by Black and motion carried. Transfer of Fund: Stone moved that in accordance with the 1969 budget the sum of $4000 be transferred from the Sewer Renteel Fund to the General Revenue Fund. Ecklund seconded and motion carried. Investment of $60,000: Black moved that the Village Treasurer be authorized to invest $60,000 from the Surer Rental Fund 3.n authorized se~cturities which will produce the most favorable yield. Seconded by Stone and motion carried. Clarification of Black moved the adoption of the following resolution: Sanitary Sewer Agreement- Resolution 70-2: WHEREAS, the Village of Falcon Heights has entered into an Agreement authorizing the interconnection of public sewers, and WHEREAS, the City of St. Paul has interpreted Section ~, Paxagraph 9, of said Agreement to provide that the suburb share the cost of extraordinary repairs of all jointly-used sewers 3si the proportion which the current rate of sewage discharged by the suburb 3.n the repaired segment bears to the total rate of sanitary sewage flow 3n thesewer segment, and WHEREAS, no distinction is made i.n this interpretation between sanitary sewers and combined sewers nor between rented sewers and those in ~i.ch a permanent capacity is being acquired, and WHEREAS, such an interpretation results in the suburbs cost apportionment for extraordinary repair on a combined sewer to be proportionately greater than the capacity utilized by the suburb, 1 2952 1 ~~~~ BE IT THEREFORE RESOLVED by the Village Council of the Village of Falcon Heights, Minnesota, that the Village objects to this recent interpretation of Section 5, Paragraph 9, of said Agreement by the City of St. Paul and that the Village considers the sharing of extraordinary repair costs of jointly- used sewers equitable only when apportioned on the basis of the percentage of conduit capacity utilized or appropriated and that the Village hereby request clarification of the Agreement by deleting Section 5, Paragraph 9, and inserting inlieu thereof the following "9. Suburb shall pay City a charge for Suburb's share of the costs of extraordinary repairs of a jointly-used sewers serving the Suburb. This charge is to reimburse the City for Suburb's share of those expenses which the City incurs 3n making repairs which, under accepted accounting practices, are not embraced in the cost of current maintenance and repair under Stzbdiv3.sion 6 of this Section. Suburb's share of such cost shall be computed by dividing the total cost thereof be- tween the City and Suburb in the proportion in which the total capacity appropx3ated for the Suburb in the partict~7.ar sewers repaired bears to the total capacity available through such sewers." Stone seconded and motion carried. Regulating Driving Ecklund mo$ed, Stone seconded the adoption of the following on Certain Private resolution. Upon a vote, the resolution was declared unan- Property, Shopping imously passed. Center -Resolution 70-3: BE IT .RESOLVED by the Village Council of the Village of Falcon Heights, Minnesota, as follows: 1. The following described property is hereby found to be affected with the public interest: The private street located immediately south and paral- lel to Larpeaateur Avenue between Arona Avenue and Snel1- ing Avenue, which street serves the shopping canter 1a- cated at said block. 2. Driving on the above described property shall be regulated under the following terms and conditions: No vehicle shall be allowed to travel east on said street. 3. Official signs giving notice of the foregoing driv- ing regulation shall be posted in the following manner: A "Enter Only" sign shall be posted on both sides of the entrance to said street at Arona Avenue, and a "One Way Do Not Enter" sign shall be posted at the south side of the e~o.t from said street. ~. It is hereby found, determined, and declared that the foregoing regulation is necessary and desirable in order to protect private property and promote the health, safety, order, convenience and general welfare. 2952 Regulating Driving Ecklund moved, Stone seconded the adoption of the following on Certain Private resolution. Upon a vote, the resolution was declared unan- p~perty _ imously passed. Flower City - Resolution 70-l~: BE IT RESOLVED by the Village Council of the Village of Falcon Heights, Minnesota, as follows: 1. The following described property is hereby found to be affected with the public interest; The private street which runs perpendicular to Laxpenteur Avenue, ad3acent and parallel to the west side of Flower City and between Larpenteur Avenue and the east west a11ey located between Larpenteur Avenue and Crawford St. 2. Driving on the above described property sha3.1 be regulated under the following terms and conditions: No vehicle sha11 be allowed to enter said private street at the north end, and no vehicle shall be allowed to leave said private street at the south end. 3. Official signs giving notice of the foregoing regu- lation shall be posted in the following manner: A "One Way Do Not Enter" sign sha11 be posted on each side of the north end of said private stmet and a "Enter Only" sign shall be posted on the east side of the south end of the said street. l~. It is hereby founds determined and declared that the foregoing regulation is necessary and. desirable in order to protect private property and promote the health, safety, order' convenience and general welfare. Regulating Parking Ecklund moved, Stone seconded the adoption of the following on Certain Private resolution. Upon a vote, the resolution was declared unan- Property - Larpenteur imously passed. Manor Apartments - Resolution 70-5: BE IT RESOLVED by the Village Council of the Village of Falcon Heights, Minnesota, as follows: 1. The following described property is hereby found to be agected with the public interest: All private streets which serve the Larpenteur Manor Apartment complex and which are located on the south side of Laxpenteur Avenue between Cleveland Avenue and the southerly extension of Fairview Avenue. 2. Parking on the above described property shall be prohibited under the following terms and conditions: No vehicle may park within 10 feet of either side of ar~r fire hydrant located adjacent to said private streets. 3, Official signs giving notice of the foregoing parking regulation shall be posted in the following manner: 2953 A "No Parking Between Signs" sign shall be posted at each end of the restricted area. ~.. It is hereby found, determined and declaxed that the foregoing regulation is necessary and desirable in order to protect private property and promote the health, safety, order, convenience and general welfare. Representative and Warkentien moved, seconded by Ecklund that the followisig reso- Alternate lution be adopted. Upon a vote being taken, the resolution Representative - was unanimously adopted. Ramsey County League of .WHEREAS, the Village of Falcon Heights is a member in Municipalities - good standing of the Ramsey County League of Municipalities, Resolution 70-6: and WHEREAS, the Village of Falcon Heights desires to con- tinue its participation in the Ramsey County League of Muni- cipalities, NOW, THEREFORE, BE IT RESOLVED that the Village of Falcon Heights hereby designates as its representative to the Ramsey County League of Municipalities for the period of January 1, 1970 to December 31, 1970 -William H. Black. BE IT FURTHER RESOLVED, that the Village of Falcon Heights hereby designates Charles P. Stone as its alternate representa- tive to the Ramsey County League of Municipalities. Letter from Metropolitan Ecklund read a letter from the Metropolitan Surer Board con- cerning metropolitan wide seHrage metering system and charges Sewer Board: to each municipality. Letter was referred to Village Engin- eer Lemberg. Letter Concerm3.ng Ecklund read a letter from the State of Minnesota~Department Snowmobiling : of Conservation regarding "Minnesota Snowmobile Safety Laws; 1969-70." Ecklund will represent the Village at another meet- ing pertaining to regulating of snowmobiles for Falcon Heights. A suggested ordinance was read. Fire Reports: Ecklund read Fire Reports Nos. $12, 813• Letter from Ecklund read a letter from Wayne A. Vander Vort, Attorney for Representative of the Pizza Hut, Inc., inquiring into his clients authority to Pizza Hut, Inc.: convert the two dining rooms into one single dining roam. Letter was written to Mr. Vander Vort imriting him to attend the Council meeting of January 22, 1970, for further discussion. Letter to Falcon A letter was written to Don Johnson, Manager of the station at Heights Pure Oil 1525 West Larpenteur Avenue, to request his attending the Station: Council meeting of January 22, 1970, along with a representa- tive of the Pure Oil Company, to discuss complaints of neigh- boring home owners. Visitor at Meeting Norman Lee, 1190 W. Laxpenteux Avenue, appeared at the Council Interested in meeting to present his views on outside burning. He is i.n Pollution Problem: favor of banning outside burni~ to prevent pollution. 295'x. i Bills; Stone moved the following bills be paid: Inter-City Printing -Office Envelopes 26.75 Union Oil Company -Gas for Mtnce truck - K.Quarn 13.88 Iiaml.ine Hardware -Nov, Purchases - K. Quarn 20.x. Mutual Service Life Ins. Co. - K. Quarn - 1970 155.53 Ke11er Agency, Inc. - 1970 Bonds - W. Olsen - 50.00 (B. Kuefl.er, J. Taylor, G. Bel.gea) Minnesota Hospital Assoc. - K. Quarn - 1-70 to L~-70 73.26 St. pawl, Stamp Works - 1970 Dog Tags 13.00 Borgstrom's Pharmacy - 2 First aid kits -rinks 6.50 South Park Corporation -Adapter - K. Quarn 7.00 Falcon Heights State Bank -Safety deposit box 6.00 A. B. Dick Co. Copy machine -cabinet - c.paper 609.00 League of Minnesota Municipalities -Bat of Me~nbersh.251..00 Thorne Coal & Oil Co. Fuel Oil for V. Hall -Dec. 150.25 Walter S. Booth & Co. -Election forms 1.81 F. H. United Church of Christ -Supplies H.R. Comm. 7.06 Eloise Salminen -Office labor - H.R. Comm. 10.00 Falcon Heights Pure Oil Co. -Gas-F.Trtzck - R.Renchin 3.80 Minn. State Fire Dept, Association - 1970 Dues J~0.00 Internationml Assoc. -Fire Chiefs 1970 Dues 20.00 Bonestroo, Rosene,, And.erlik & Assocs. Nov.Eng. Sere. x.92.56 SPECIAL ACCOUNTS F. H. State Bank -Acct. #2 - Irnrestment 2000.00 F. H. State Bank - Acct ~ 3 - Imtestment 20,000.00 F. H. State Bank -Acct #5 -Investment 16,000.00 F. H. State Bank -Acct #6 -Investment 8000.00 Ecklund seconded and motion carried. Adjournment: Upon motion, the meeting was adjourned at 12:15 A. M. Clerk 1 i 2955 ,~pl~d y . -~ i ..' EXHIBI'1' nAn SETTLEMENT AGREEMENT The parties to this Agreement are the City of Saint Paul (hereinafter called "City of Saint Paul") and the Village of Falcon Heights (hereinafter "Falcon Heights"). WHEREAS: A. Saint Paul and Falcon Heights entered into an Agree- ment authorizing the interconnection of public sewers betvreen the two municipalities; B. Repairs to a combined sanitary sewer and storm sewer [~ line located within Saint Paul and known as the Arundel Street Sewer were made pursuant to a contract let in 1967: C. A dispute exists as to the nature a.nd extent of the obligation of Falcon Heights to share in the cost of said repairs; D. Saint Paul and Falcon Heights wish to make a compromise; adjustment and settlement of any and all claims for reimburse- ment by Saint Paul in connection with said repair job, subject, however, to any subsequent Agreement reached on this matter to which Agreement Falcon Heights becomes a party; E. Saint Paul and Falcon Heights are desirous that the Agreement herein shall in no way be considered a binding pre- cedent for a resolution of a similar claims in the future; ~, F. Falcon Heights, pursuant to said Agreeme~it between 2956 itself and`Saint Faul pertaining to interconnection of public sewers, overpaid sewer charges by the amount of $56939.3'7, which overpayment covers the period from July 1, 1965 through June 30, 1969; NOW THEREFORE, in consideration of the mutual covenants and promises hereinafter made, it is hereby agreed by and between Saint Paul and Falcon Heights as follows: 1. Falcon Heights shall share in the cost of the said repair to the Arundel street Sewer in the amount of X7,000.00. 2. The remainder of the cost of said repair shall be borne exclusively by Saint Paul. 3. Falcon Heights and Saint Paul concur and agree that trie amount of ~~6, y~y. ~'( represents the 2'ull a.nd correct ret'unc( due to Falcon Heights pursuant to the above referenced sewer Agreement between the parties hereto. ~. Saint Paul may deduct the sum of $7,000.00 from the above repayment sum of $56,939.37 a.nd Saint Paul shall pay the difference .thereof in the sum of $~9~939.37 to Falcon Heights. 5. Saint Paul .and Falcon Heights shall enter into negotia- Lions for the purpose of trying to reach agreement on the nature and extent of the obligation of Falcon Heights to share in the cost of similar repairs to combined sanitary sewer and storm sewer lines located within Saint Paul. t i 2957 4 ,. s ," . ~ ~'6~7~ 6. Falcon Heights r any agreement reached by pertaining to the nature municipality to share in bined sanitary sewer and Saint Paul. nay elect to become a. party to Saint Paul and any other municipality and extent of the obligation of that the cost of similar repairs to com- storm sewer lines located within. 7. If Falcon Heights becomes a party to any agreement b reached in accordance with paragraphs ~ and ~ above, either Saint Paul or Falcon Heights, as the case may be, shall be reimbursed to the extent that the $7,000.00 which Falcon Heights herein agrees to pay is inconsistent with the formula set forth in said Agreement for allocating such costs. Dated this day of January 1970. In Presen~'ce of : CITY 0 SAINT PAUL B Its ayor /> ~ ~~ 7 Approved as to ~'orr~? ssi~-~~an ~ orpora ri ~~unsel 7\ ; Appro~~ed as t`o form and exe~Ztion this ~• day of /l rx~~ , 1 A s ant p at' n Counsel In P esence of: By s ~omm~.ssloner Countersigned: c`Works r; By ~ ,~ ~. omp ~~~".~e r d`-~~- i VILL,ArG~OF FALCON H~C~`I'S By ~ C. ~~ G'C/~ s Ma.y \ ~\ By\~ ~ ~1 Tt Vi7~ age Cle Approve to form- ~/ ~' ~P'31~g orney