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HomeMy WebLinkAboutCCMin_59Oct8REGULAR ":4EETING OCTOBER 8th, 1959. I,~4eeting was called to order at 7:00 P, M., the following Council Members be- ing present: Harold C. Nilsen, ?,~ayor; George J. Shavor, Trustee; Willis U~arkentien, Trustee; Paul Conbini, Trustee and htm. R. Utecht, Clerk. Also present were Frank N. Graham, Vi1_Izge Attorney; Wm. E. Olsen, Treasurer and Ethel E. V~Ihite, Deputy Clerk and Deputy Treasurer. The Minutes of the regular meeting of September 2l~th were approved as submitted. The L4inutes of the special meeting of September 28th were approved as submitted. Salaries S. P. Schultz, 3. J. Slama and D. V'Y. Schoen, paid firemen, and ~'~re De- G. E. Nelson, R. Dowdell and H. Nelson, officers of the Volunteer p~,rtment. Fire Department were present. 'JVages and hours were discussed at length. After discussion, Warkentien moved that the pay of the paid firemen be increased 435.00 a month effective January 1st, 1960; and that, in addition, each paid fireman be paid an additional ~fi13.00 for the month in which New Years Day, Memorial Day, Ztth of July, Labor D~r, Thanksgiving and Christmas occur, effective January is±, 1960. Seconded by Utecht and unanimously carried. League of P;Rrs. Holmboe was present representing The League of V~tomen'Voters. V~ omen Voters Rees' plat- ?~Rr. Douglas Rees and Attorney Claude Allen were present. Attorney Tonal Tea Allen read i,4r. Rees' letter of September 6th, addressed to the Addition Village of Falcon Heights as follows: "I confirm herewith the verbal proposal currently made to you by my attorney, P~Rr, Claude Allen, and I covenant and agree to be bound thereby and to proceed according to that plan as follows: I write this letter as President and Principal Stockholder of Falcon Development Corporation, a °~innesota Corporation, which now owns lots 6 to 13 inclusive, in Keller's Rearrangement of dock 10, Falcon Heights; also as my own .personal guarantee for myself and heirs, executors, administrators and assigns. Z confirm and agree that, if .your Village shall grant me, without further delay, the re;uired permits to enlarge by 50' x 107' add- ition, the former National Tea Building paw on our property, I will forthwith proceed as follows: 1) I will accept the proposal from the Falcon State Sank and the Midway National Bank, I will grade and blacktop, for parking, the future building site described as lots ~ and 5 in Kelley's Rearrangement of }31ock 10, Flacon Heights, including its west half of the vacated. alley, and I will arrange and use that x~roperty for free public parking so Tong as the bank shall permit. The bank has already stated that this use may assuredly continue for not-less than five years; it probably will be eight or ten years; 2) I will agree to purchase, for any reasonable price, the res- idence property now occupying lot 2 in Kelley's Rearran e nt f g me o Block 10, Falcon Weights, This is No. 15i~6 Crawford Avenue, now owned by Ttfr, Phil Byfolk. This lot, together with its joining east half of the vacated alley, would make a parcel 60' x 160' and would very, very generously accommodate two full aisles of parked ~~ ~ S~® cars, total approximately 35 cars. ~iVe would need your permit to remove the present house to some suitable location elsewhere (presum- ably outside of the Village of Falcon Heights), and to grade and blacktop the area and. use it for free narking. Per. 3yfolk is al- ready interested in selling and has already been looking for another house. I will be willing to offer whatever price any board of suitable "Experts" designated by you, may state to be a "fair nrice.'~ I would remove the building and improve and use the lot for parking as early as possible next spring. Meanwhile, of couY~se, we could improve and use the bank lot right away, before cold weather (If you now act promptly on this matter). If for some reason, iv~r. Hyfolk should be unwilling to sell at any reasonable price, and if in that event you shawl acquire that property by condemnation, I will be willing to pay the price de- termined in the condemnation award, together with-the costs of the proceedings." The above program will dive your community more and better narking than it now has, or hitherto has had. This compromise will per- manently eliminate any demand for a service station permit on the corner lot 6, presently vacant. I have already pointed out to you that the change in occupany of the Falcon Corporation property (from National Tea to Hill Brothers) will substan tially reduce the need for parking. The new narking to be provided as outlined. above, will be ver,,T suitable for tenant and employee parking as well as customers. This offer and covenant by me, however, must be conditioned on your prompt, favorable action at your next meeting on Thursdays October 8th. Cur premises remain vacant, although the taxes con- tinue. If you delay longer, the new tenant, Hill Brothers, cannot get occupancy in reasonable time before Christmas, (Of course, no new tenant wants to take occupancy in December ar January or February). Buts if you wive the necessary favorable action a t your next meeting on Thursday, October 8th, we can promptly proceed with the complete elan as herein outlined to you, and we will fully and faithfully perform under and abide by that plan. I sincerely be- lieve (and I am assured that t~,Rr. Allen agrees with me) that this offer is both reasonable and generous, and is for the welfare of the Village and of +he entire community." There eras a general discussion after the above le+„„ter was read during which ^.~fayor Nilsen bointed out that the Village would expect Rees to provide screening between the Bifolk property and the adjoining property and Mr. Rees agreed to provide such screening. After discussion, Utechtmoved the adoption of the following reso- lution: RESCLVEDs That the offer of Douglas Rees as set out in his letter dated September 6th on the first page and 10~6~59 on the second page, to the iiillage of Falcon Heights, relating to parking arrangements, be accepted by the Village of Falcon Heights; and that the Building Inspector be authorized to issue the requested building permit for a 50' x 107' addition to the farmer National Tea Building. Seconded by V~arkentien and unanimously carried. 1 1 1 Watermain Nilsen moved the follovring resolution providing for the Financing Issuance and sale of Larpenteur Avenue Watermain and Pumping Station.` Improvement 'fonds, Series A: .RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF LARPENTEUR AVENUE WATERMAIN AND PUMPING STATION IMPROVEMENT BONDS, SERIES A ~~_~~ WHEREAS, the Village Council has heretofore determined to construct a Larpenteur Avenue Watermain and Pumping Station Improve- ment in the Village at a total cost of $88,000 and to specially assess more than twenty percent of the said cost against the abutting proper- ty pursuant to Minnesota Statutes; and WHEREAS, the Village Council has entered into a contract for the construction of the Watermain portion of the contract; NOW THEREFORE, be it resolved by the Village Council of the Village of Falcon Heights, Minnesota; 1. The Village shall forthwith issue its negotiable coupon general obligation bonds, to be known as "Larpenteur Avenue Watermain and Pumping Station Improvement Bonds, Series A", in the aggregate principal amount of $67,000, to be 67 in number and numbered consecu- tively from 1 to 67, both inclusive, shall bear date of October 1, 1959, shall bear interest from the date thereof until the principal is paid at the rate of four and twenty-hundredths percent (~.20~) per annum on all bonds maturing in the years 1962 to 1967, both inclusive, and at the rate of four and fifty-hundredths percent (~+.50gb) per annum on all bonds maturing in the years 1968 to 1979, both inclusive, pay- ably October 1, 1960 and semi-annually thereafter on April 1 and Octo- ber 1 in each year, plus additional interest represented by a separate set of interest coupons at the rate of one and fifty-hundredths percent (1.500 per annum from April 1, 1960 to October 1, 1962, payable October 1, 1960 and semi-annually thereafter on April 1, 1961, October 1, 1961, April 1, 1962 and October 1, 1962. Said bonds shall be payable as to principal and interest at the American National Bank, St. Paul, Minne- sota, and shall mature serially on October 1 in the years and amounts as follows: $2,000 in each of the years 1962, 1964, 1966, 1968 and 1970; $3,000 in each of the years 1963, 1865, 1967 and 1969; and $5,000 in each of the years 1971 to 1979 both inclusive; all bonds maturing October 1, 1978 and October 1, 1979, to be subject to redemption and prior payment at the option of the Village, in in- verse order of their numbers, on October 1, 1962 and on any interest payment date thereafter. All other bonds of this issue maturing after October 1, 1968 shall be subject to redemption and prior payment at the option of the Village in inverse order of their numbers, on October 1, 1869 and on any interest payment date thereafter. Bonds so redeemed shall be redeemed at par and accrued interest, plus a premium of $40. Thirty days prior notice of redemption shall in each case be given to the bank where said bonds are payable, to Juran & Moody, Inc., 93 E• 6th Street, St. Paul, Minnesota, and to the last known holders. Holders desiring to receive such notice must register their names, addresses and bond numbers with the Village Clerk. 2. The bonds and interest coupons to be issued hereunder shall be in substantially the following form:. UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF RAMSEY VILLAGE OF FALCON HEIGHTS LARPENTEUR AVENUE WATERMAIN AND PUMPING STATION IMPROVEMENT BOND, SERIES A No. $1,000 ~~ 1 KNOW ALL MEN BY THESE PRESENTS That the Village of Falcon Heights, Ramsey County, Minnesota, acknowledges itself to be indebted and for value received promises to pay to bearer the sum of ONE THOUSAND DOLLARS on the 1st day of October, lg and to pay interest thereon from the date hereof until said principal sum be paid, or if this bond is redeemable, until it has been duly called for redem tion, at the rate of ercent ( ~ per annum from date o~issue un~l paid, wFi'~c interest is paya e on October 1, 1860 and semi-annually thereafter on the first day of April and the first day of October of each year, interest to maturity being payable in ac- cordance with, and upon presentation and surrender of the interest coupons hereto attached, plus additional interest at the rate of One and one-half percent (1.500 per annum from Ap:3.1 1, 1860 to October 1, 1962 payable semi-annually, which interest is represented by a separate n ~~ set of coupons designated as B coupons. Both principal and interest are payable at the American National Bank, St. Paul, Minnesota, in any coin or currency of the United States of America which on the date of payment is legal tender for public and private debts. For the prompt and full payment of such principal and interest as the satri~ respectively 1 become due, the full faith, credit and taxing powers of the Village are hereby irrevocably pledged. Bonds of this issue maturing October 1, 1978 and October 1, 1979 are subject to redemption and prior payment at the option of the Village in inverse order of their numbers, on October 1, 1862 and on any interest payment date thereafter. All other bonds of this issue maturing on October 1, 1970 and thereafter are subject to redemption and prior payment at the option of the Village, in inverse order of their numbers, on October 1, lg6g and on any interest pay- ment date thereafter. Bonds so redeemed shall be redeemed at par and accrued interest, plus a premium of $~+0. Thirty days prior notice of redemption shall in each case be given to the bank where said bonds are payable and to the last known holder. Holders desiring to receive such notice must register their names, addresses and bond numbers with the Village Clerk. This bond is one of a series in the total principal amount of $67,000, all of like date and tenor, except as to serial number, maturity, interest rate and redemption privilege, issued by said Village for the purpose of defraying expenses incurred and to be in- curred in the construction of a watermain extension and pumping sta- tion for the Village, which improvement has heretofore been designated as Larpenteur Avenue Watermain and Pumping Station Improvement, and is issued pursuant to and in full conformity with the Constitution and the laws of the State of Minnesota. This bond is payable primar- ily from the Larpenteur Avenue Watermain and Pumping Statibn:Improve- ment Fund, but the Council is required to pay the principal and inter- est thereof out of any funds in the treasury in the event that the monies on hand in said fund are at any time insufficient to meet the payment of maturing principal and interest. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED That all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this bond in order to make it a valid and binding general obligation of said Village accord- ing to its terms have been done, do exist, have happened and have been performed as so required; that the Village has duly determined the necessity and contracted for the construction of said improvement; that the Larpenteur Avenue Watermain and Pumping Station Improvement Fund has been duly created and provision made for the support thereof by ad valorem taxes heretofore levied and special assessments to be levied for the years and in aggregate amounts not less than five percent in excess of sums sufficient to pay the interest thereon and the principal hereof,- as they respectively become due, and additional taxes, if needed - for said purpose, may be levied upon all taxable property in the Village, ~~~' without limitation as to rate or amount; and that the issuance of this bond did not cause the indebtedness of said Village to exceed any constitutional or statutory limitation. IN WITNESS WHEREOF, The Village rf Falcon Heights, Ramsey County, Minnesota, by its Village Council, has caused this bond to be executed in its behalf by the signature of its Mayor, attested by the Village Clerk, and sealed with its official seal, and the interest coupons appurtenant hereto to be executed and authenticated by the facsimile signatures of said officers, and has caused this bond to be dated as of October 1, 1959. Attest: V age er Mayor (Form of Coupon) No. On the lst day of October (April), 19 , the Village of Falcon Heights, Ramsey County, Minnesota, will pe.y to bearer at the American National Bank, St. Paul, Minnesota, the sum of DOLLARS lawful money of the United S a es o mer- ca or in eres en due on its Larpenteur Avenue Watermain a.nd Pump- ing Station Improvement Bond, dated October 1, 1959, No. . Facslmi e igna ure Village Clerk acs mi e gna ure Mayor 3. Said bonds shall be prepared under the direction of the Village Clerk and shall be executed on behalf of the Village by the signature of the Mayor, attested by the Village Clerk, and the cor- porate seal of the Village shall be affixed thereto, and the appur- tenant interest coupons shall be executed and authenticated by the printed, engraved, or lithographed facsimile signatures of said Mayor and Clerk. When said bonds have been so executed and authenticated, they shall be delivered by the Treasurer to the purchaser thereof, upon payment of the purchase price heretofore agreed upon and said pur- chaser shall not be obliged to see to the application thereof. ~+. There is hereby created a special fund to be designated "Larpenteur Avenue Watermain and Pumping Station Improvement Fund", to be held and administered by the Village Treasurer separate and. 1 1 1 apart from all other funds of the Village. Said fund shall be main- tained in the manner herein specified until all of the bonds herein authorized and the interest thereon have been fully paid. In said fund there shall be maintained two separate accounts, to be desig- nated as the "Construction Account" and the "Sinking Fund Account", respectively.. The proceeds of sale of the bonds herein authorized, less accrued interest received thereon, shall be credited to the Con- struction Account, together with any such other monies as shall be appropriated to said account from other Village funds, and from said account there shall be paid all costs and expenses of making said improvement, as incurred and allowed, and the monies in said account shall be used for no other purpose; provided, that if upon completion of said improvement there shall remain any unexpended balance in said Construction Account, such balance shall be transferred to the Sinking Fund Account. There shall be credited to the Sinking Fund Account all collections of the special assessments and general taxes herein agreed to be levied, and all accrued interest received upon delivery of said bonds, and any other monies which may from time to time be appropriated for the payment of the bonds herein authorized. The monies in said account shall be held and used only for the payment of the principal of and interest on said bonds as such payments. become due. The full faith and credit of the Village shall be and are hereby pledged to pay said bonds and interest, and the principal and interest thereof shall be paid out of any funds in the treasury, if the monies on hand in said sinking fund account are at any time insufficient to meet the pay- ment of maturing principal and interest. 5. It is hereby determined that no less than Twenty-eight thousand, nine hundred DOLLARS ($28,800) of the total cost of said improvement shall be paid by special assessments to be levied upon all assessable lots, pieces and parcels of land within the area heretofore determined to be assessable for said improvement in amounts proportion- ate to the benefits received by each such lot, piece or parcel; and the Village hereby covenants and agrees that it will do and perform, as soon as may be, all acts and things necessary for the final and valid levy of such assessments. If any assessment be at any time held invalid with respect to any lot, piece or parcel of land, due to any error, defect or irregularity in any action or proceedings taken or to be taken by the Village or this Council or any of the Village's offi- cers or employees, either in the making of such assessment fir in the performance of any condition precedent thereto, the Village and this Council hereby covenant and agree that they will forthwith do all such further acts and take all such further proceedings as may be required by law to make such assessment a valid and binding lien u on such pro- perty. Said assessments shall be payable in nineteen (19~, equal, consecutive, annual installments, the first of said installments to be payable with general taxes for the year 1960 collectib~ with such taxes during the year 1861. Deferred installments shall bear interest at the rate of six (6~) percent per annum. To the first installment shall be added interest on the entire assessment from the date of the resolution levying the assessment until December 31st of the year in which the first installment is payable. To each subsequent install- ment when due shall be added interest for one year on all unpaid in- stallments. 6. It is hereby determined that the remainder of the cost of said improvement, not paid by collections of said special assessments, shall be paid from general ad valorem tax levies upon all of the tax- able property in the Village. To provide monies for the payment of such pDrtion of said cost, and to produce with said assessments amounts not less than 5~ in excess of the sums required to pay when due the principal of and interest on said bonds, there is hereby levied upon all of the taxable property in the Village a direct, annual, ad valorem tax, which shall be spread upon the tax rolls for the years and in the amounts as indicated below, and collected together with and as a part of other general property taxes in the respective ensuing years: Y~ ~~ Y~ ~ YID 1960 2500 1966 3500 1972 4000 1961 2500 1867 3500 1973 ?~ooo 1962 3000 1868 3500 1974 4000 1963 3000 1969 3500 1975 4300 1964 3000 1970 3500 1976 4500 1977 4500 Said tax shall be irrepealable as long as any of said bonds are out- standing and unpaid; provided, that the Village reserves the right and power to reduce said levies by the amount of any monies irrevocably appropriated to and actually paid into said Sinking Fund Account in accordance with the provisions of Minnesota Statutes, Section 475.61. 7. The Village Clerk is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of Ramsey County, together with such other information as he shall re- quire, and to obtain from said County Auditor a certificate that said bonds have been entered on his bond register and that the tax required by law for the payment of said bonds has been levied. 8. The full faith and credit of the Village is hereby pledged for the payment of the principal and interest of said bonds. g. The officers of the Village and the County Auditor of Ramsey County are hereby authorized and directed to prepare and furnish to the purchase of said bonds and to the attorneys approving the legal- ity of the issuance thereof certified copies of all proceedings and re- cords relating to said bonds and to the financial affairs of the Village, 1 1 and such other affidavits, certificates and information as may be re- quired to show the facts relating to the legality and marketability of said bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certi- ficates, certified copies and affidavits, including any heretofore fur- nished, shall be deemed representations of the Village as to the correct- ne ss of all statements contained therein . 10. The offer of Juran & Moody, Inc. of St. Paul, Minnesota to purchase the bonds to be issued hereunder at par and accrued in- terest is hereby accepted, and when said bonds have been printed, the same shall be delivered to the purchaser in accordance with said offer. Vdatermain The motion for the adoption of the foregoing resolution was seconded by 1'Tarkentien, and upon the vote being taken thereon, the following voted in favor thereof: Nilsen, Shavor, Warkentien, Coppini and Utecht. Ljungren submitted an itemized Engineer's Estimate for partial payment No. 1 Larpenteur Avenue ti4:atermain and recommended that a payment of ~3~,585.7~ be made to Herbst Construction Company from the fund for said improvement, representing 90~ of the amount earned. Ljungren advised that the Spiegler Construction Company had brought in their certified check for 452023.56 and that the work of laying the water main to service the proposed apartments, as agreed, would be started Monday, weather permitting. Ljungren also submitted copy of his letter of October 7th to the ?t~linnesot~ Health Department. Letter advised he was enclosing sheet No 3 of their plans which have been revised to include a 6'" exten- sion north on Fry Street to a point 307' north of the north right- of-way line on La-rpenteur Avenue, Also that it is anticipated that this main will eventually continue north approximately another 900' to connect to an existing 6" main on ARaple Knoll. Change It was moved by Coppini, seconded by Shavor and unanimously voted Order No 1 that Change Order No. 1, covering the Larpen teur Avenue Watermain, Project No 59-135, Fry Street Extension, to Herbst Construction Company, in the amount of ~15~-t7.60 be approved. Change It was moved by Warkentien, seconded by Shavor, and unanimously Order No 2 voted to approve Change Order No. 2, covering the Larpenteur Avenue VVatermain, Project 59-135, to Herbst Construction Company as follows: "Sheet watermain trench so as to prevent county storm sewer manhole from falling into trench. Lump sum 43100.00." Culverts Ljungren suggested the following selling prices for the used con- crete and corrugated metal culverts presently stored back of the Fire Station: ~.~~.~ 12" culverts ~R1.00 per ft. 15" ditto 1.20 per ft. 18" ditto 1.10 per ft. Snowplow- It v:as moved by 1Ptarkentien, seconded by Coppini and unanimously ing ~ ice voted that Ljungren be authorized to enter into a contract with control. Ramsey County for snow removal and ice control for the coming season. Ljungren will send work order to the County. Hermes Ljungren advised N. L. Hermes would like to blacktop his al7_ey, putting in a curb which would provide a good flow line adjoining. the residential property, if the tillage will permit a curb cut for the alley. Crossing- Nilsen su~*gested that Ljungren try to arrange for blacktopping Snell. ~ the ends of the Safety Islands to provide a clean walkway Larp. across them, also painting across walk on the pavement to stop traffic in an even line ahead of the crossway. Budget The Budget was discussed further but not completed. Bills On motion by Warkentien, seconded by Copnini, the following bills were ordered paid: , GENERAL FUND: Thermofax Sales Corp., thermofax paper X25.59 A~girnesota Fire Extinguisher Co., recharge ext. 5.50 Volunteers, drill time 176.00 Falcon Heights Hdwe., suprles V. H. & F. D. 7.20 State Fair Car V1ash, squad car 5.00 Earl Smith, policing September 173.25 Kenneth Schmidt, ditto 14.00 LeRoy Humphrey, ditto 90.00 Henry J. Dachtera, ditto 109.OI~ Jerome R. Johnson, overtime policing Sept. 54.00 Drs. Kelsey & Ausman, physical vol. fireman 5.00 American Linen Supply Co,, laundry service 6.55 Carl L. Gardner & Assoc., special report Rees .202.00 Carl L. Gardner & Assoc., spec. report Robt Hall 123.00 Chippewa Springs Co., water service 3.75 I~' McClain, Hedman & Schuldt Co.~ office supplies 5.48 ~ ~ Ethel E. ~dhite, 1st half October 170.19 Northern States Pourer Co., bill due 1012 128.31 Wm. P. Carroll, weed eradication 10.50 City of St. Paul, sewer rental 3rd quarter 1959 3825.56 R'eber's Supper Club, League of Minn. Mun. region- . . al meeting 15.75 1~~ilner P1. Carley & Associates, engr. serv. 553.16 P~idway Ford, repairs squad car ~ 90 ~_ Pure Oil, gas, oil, grease, etc 119.29 B. Slama, sewer work 22.50 G. ?laden, ditto 20,00 A. Y. ?~4cDonald, repair part tank truck 22.17 Fire Department Relief Ass'n• 720.08 Special rd ti A special meeting was set for 7:00 P. Pd. Tuesday, October 13th, ee ng for the purpose of completing the budget. Adjournment Approve `/ 0 'otion, the meeting adjourned at 11;15 P. M. Signed , ~ ~~_ h3ayor ~--~ Clerk.