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TdINUTES SPECIAL CITY COUNCIL MEETING NOVEMBER 4, 1982 A special meeting of the Falcon Heights City Council was called to order at 7:30 P.M. by I~4ayor Warkentien. Mayor tiVarkentien, Councilmembers Eggert, Larson, Ciernia and Chestovich. Also present were Clerk Administrator Barnes, Attorney Swanson, and Engineer Lemberg. None . Mayor Warkentien informed Council that the City had been served with a Notice of Appeal of Special Assessment containing signatures of 191 residents of the Northome Area in regard to the Pascal Street Improvement Project. Mayor Warkentien moved, seconded by Councilmember Larson, that the City Attorney be directed to prepare the defense for the City. Councilmember Ciernia inquired as to timing to which the Attorney replied that the petitioners must file with the District Court and that the matter would be tried as soon as it can be placed on the District Court calendar, probably not for 1t or 5 months. Following a discussion, the motion was carried unanimously. Mayor Warkentien asked how Councilmember Chestovich could vote when she had signed the appeal and Councilmember Larson requested that the Attorney give an opinion on whether or not it would constitute a conflict of interest. Attorney Swanson replied that technically, there would be a conflict of interest to vote on the matter, but since Council- member Chestovich voted in favor of the motion there was no problem. Councilmember Chestovich asked if it would be more proper to abstain to which the Attorney replied it would be if the vote castv~ould be in her favor, such as to not defend the appeal. Councilmember Eggert stated that since she had voted against the assessment and to be con- sistent he, probably, should abstain, but he cannot see that the City would want to fail to defend itself and he could not vote against the defense motion. Councilmember Larson moved, seconded by Councilmember Eggert, that the Consent Agenda be approved as presented. Motion carried unani- mously. 1. Lauderdale Rescue Reports #LR-02282 2. Falcon Heights Rescue Reports #R-07082 - #R-07382 3. Mutual Aid Report 4. General Payroll 10/16/82 - 10/31/82 ~ 5,486.98 5. Liquor Payroll 10/1.6/82 - 10/31/82 ~ 2,746.55 6. General Disbursements 10/28/82 - 11/1.1/82 X107,707.02 7. Liquor Disbursements 10/26/82 - 11/2/82 ~ 11,407.23 8. Licenses: General Contractor Licenses Model Construction Company, Inc. #941 908 W. County Road C Roseville, MN 55113 Master Gas Installers Licenses Four Seasons Air Specialists #1.124 479 Division Ave. Jr'hite Bear Lake, MN 55110 ~~ PRESENT ABSE?v'T NORTHOME RESIDENTS APPEAL PASCAL ST. ASSESSI~~NT CONSENT AGENDA APPROVED The 4~,u.imby Company #913 2173 Kasota Ave. St . Paul, Pmt 55108 Total Energy Heating & Cooling. Inc. 5905 N. Lexington #425 St. Paul, MN 55112