HomeMy WebLinkAboutCC 03-09-1959
MINUTES OF REGUI.I.R MEETING .- .c~ .
COUNCIL OF THE VILI.I.GE OF ARDEN HILLS
Monday, March 9, 1959
The meeting was called to order at 8:00 f.M. by Mayor Ashbach
Roll Call. Present; Ashbach, WinfBey,Crepeau, Kennedy, Stromquist.
Absent; None.
The Minutes of the February 23, 1959 meeting were read and approved.
Carl Waldock, l33~ Long Lake Road, New Brighton applied for an On Sale
Liquor license to be located on Highway 10 across from the Twin Cities
.Arsenal. Clerk to send application forma.
Richard Schreyer requested Council action on his new application for on and
off sale liquor licenses at 4703 Highway 10. Matter referred to Finance
Committee for recommendation by next meeting.
Leonard Carlson asked if any action has been taken on petition to rezone
land at Stowe and Cleveland to residential. No action taken.
Public Works Committee: Trustee Kennedy suggested Fred Nixon as employee
to take care of village roads. Matter referred to Attorney to determine
what basis he should be hired, contractural or village employee.
Attorney Courtney's letter of March 9, 1959 to Stromquist was read to
Council. Letter filed with Clerk. Item'5 was discussed by Council. Clerk
to write to League of Minn. Municipalities, Rep. John Tracy Anserson and
to Senator Claude Allen, requesting that they urge legislation to permit
taxation of the Twin Cities Arsenal which is leased to private individuals
and corporations.
Item #6 of Attorney Courtney's letter, presenting oopies of nusinance
ordinanoes was referred to the Public Safety Committee.
Attorney Courtney submitted a memo, as attaohed, regarding the town hall
purchase. Upon suggestion of Trustee Kennedy, Attorney Courtney to check
into obtaining title insuranoe to hall and property if purchase is made.
The proposed sanitary sewer project for the SE portion of Arden Hills was
discussed. Council authorized Attorney Courtney to request engineer to
extned boundrey of proposed area approx.500 feet north of Soo line tracks
between Lexington and Ramline to include industrially zoned land there in
the project. Roger Short spoke briefly on the proposed project. It was
suggested that the public hearing be held at Lake Johanna Svhool. Clerk
to check when school is available.
Engineer's Report: Don Carley, Engineer reported a proposed plat submitted
by Geo. Indouowitcz. The proposed plat was referred to Publio Welfare
.committee.
Engineer Carley submitted a plan for turn around at Arden Hills plat.
Plan filed with Clerk.
Engineer Carley submitted a plan for turn around at Lake Lane, and will
tr.YA,t9,_~b.J;.a~~~~~.l!J&l!!~P!. to land needed for the pr oject,+ ~~J 'i1r>'f4'/ 'C<\ "-~~,~,
~e-'eoFr6CreQ'~of village roads is to be sent to Ramsey County by
Eginer Carley.
Public Wel'are Committee: Trustee Winfrey announced the appointment of
Victor Pomerenke as recreation committee ohairman.
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He: To:..m Hs.ll Purchase.
ASS'tli'ui,ng the title t.o the so-called TOt\l11 Hall property to be s8ti3factor'J
8S per our c8rlier o;)inion of :'Tay 12, 195U, ~,Jhich co~tc::ins the descriptio::: of th.e
prop(.:;rt~i' -l~ri t.h ;;:"hich 1.Je arl-'; conc21':1ed, several q1J8stions are raised b:,;/ the occurrences
i:1vo~ving th\:.: TOl{:l 'Jf T.1ounds Vie;;:'J-, holder of the fee titI::.: accordi!1g to our title
opirl.io!1"
1. I h8ve beE;n i'urr.isheci VIith executed copies of the :'JOtiC8 of Specinl
1m,n:' i-'leeting dated August 23, 1957, t:-iC Pet.ition on vbich the TJotice
is Lased, a:1d a copy of an <excerpt ',Jhic!l apparently is fro" tr'Le
l':::1.nutes of th~t Special r/leeting. All of these re18t~~ to the pOl'ieI'
of tr;.8 LOl.,m to conve:,/ this prop~rty. They are satisfactory in farrel,
!1'<.1t the excerpt fron th'2 ;Hnutes of the 'special IcIeeting shouLd
i!1dicate tr.at the proper posted notice c,f the !Jleetin.; viaS fjiven
C1nd t.hB,t thi3 is 2n excerpt fro.m the l-Unutes of said l"~eeting. -Tf'
th:':l,t i;:; the fact then the necessary certificates could then bE: cb-
taint:::d from the 7m-In Clerl~, event.hough ~he t.clmship no longer 'exists.
The '~+'ctutes 1'i:lt.h :-eierence tc this particular point ,2re Sections
.~.'(.. (2) ar:.G 36S.o,S.
2. A mor2 ~2riou3 problem. rc-:lat.ing to the p01,~r of th(-: T01-m to convey
is raised ::>y Section 365.10 (6), ,,,hieh provides that a To>m ;leetir:g
C8:1 authorize the To,:..'11 Board to sell or convey any real or perscnztl
prcpcrt~/ belonging to t.he To".,'n, net conveyed/and required to be held
by the tO~o\jn for a special purpose. ' to
In cur particul2.!' C8se the TO~im B2l] property };hich lS now used as
8. parkinQ lot 4.,r8S con\!eyed t,e the TO~.in i:: le83 !1for use as a tOi.\ifl.
h2111'. -l',.ihile 1,j\? a!'e of t.he. opinion thClt that i~; not 8 defect B2
~f~l:r DS the title is concern-26, it., is possible that it In2Y b\~ 2. c.cfec.t
prc;v8ntir.s th8 T01J:1 Boord fretl ccnvp.ying Good titl~. If the TOt-m
Board cotl~d not con~Ie:y goed title, then the 1uter deed by t:te Totn
Board t.c the Village of Tlcunds ViCl.J is also ineffective. If thi.s
is the case then the Grudnosl,,:c clCi.im is effective even tr~OlJcJ1 Ot~r
::~upre:me ':ourt has hel,d that a c18im such as theirs is bBrred by
t~2 L~o )'ear stCi.tute.
This is the most. serious C[t.18stion involved here, and in ViC'hT of :.he
P;:;ct that.. ....;e can expect litigation regarding our title to t.his F't"'c-
pert:/, probably :,;8 should obtain an opip..ion from. tr..e Attorney General
0:1 th.(:~ matter or co.rnrrrence nn <3ction to deterninc tr:e tit-I;::: Sit.Ucltio!"'~
}~,;:;,f0rc pi1yjnO t.he balance of our ,S95'~:u.
3.
l;J2 ha\re a p!"'~otcstat of a c0:!'tificG copy of 8 E~sol.ution by t.r:e
B08I'd r;?;.f8rrin~J to action tCiker"'. bJ the T01-.r:1 Board on Jj.pril 25,
eXGcptin:j tlle 2ernest i"Yone2l Contract ~Jitf1 the Village of ArrjC!1
TOl-,n
195f:.,
Hills.
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On t.he same d~te, wi thout reference to the Earnest. I-loney Cont.ract,
the Tm.,rn Board passed 8 EesoJution to COn'iley to the Village of
i':O:J.!lds Viet..- all of the real and personal property of the Towr:, pur-
s.nant to authority given at the aforesaid Special Tat.m ;\rleeting h~;ld
:;epterrJx~r 11, 19~;7, and a dec8 of the S8me date -was executed to the
Village of ;iJIcun(~s View l,Jitb respect to this real estate.
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T:--;.c Vi 11age of nO:.L'1.ds 'lieu, ~.Jhich incluced a great portion of the
Tm-Tn of ~k''Jnd~ Vie~,-J, "\48.3 inco!'porctte:J or: iipril 23, 195e b1Jt <3 por-
tior'. of the Tcmn of T<ounds Vic..,!' still renained on April 25, 1958,
A ~;hort time therea.fter try r~naining portion of the Tmm of I:~ol1nds
-\Tie1J ~,ms a:;.nexed t~y the Village of St. Anthony.
S2Gtion I.'12.~:Rl of the StDtl1tes refers t.c t~1B disposttion of tot-m-
ship property l.J!'~en the 'Ii l1a~lc is incorporatedfro~ the tOltmship.
(~'uite pO~~$ibly t.he last. ::rc;ction of the Town of 1-loun:5s \Tiel\! could
h~V8 objected to til(~ ".:.ra:lsfer of re8I 8:1d personal property to t::.e
Vi lla~e of }<~ounds View, since there is no apparent consideration
for the conveyances, other than the assumptiorc of liabilities. ~O~~
ever, the Vi118ge of ~.Icunds Vie"'.JI has obtained ffom the Villeg eof
St. fLit!lO::l;Y" H QuitClaim Deed dated Jeccrnber 2c', 1958, covering the
real estate 1;.dth wnich ~<Je are concerned and also other real 8state, "
lV'hich l,:n-~11d seem to remove this objection frorr~ our standpoint. I
GO not believe ther8 8T8 any problems as far as the conveyances
betHee::1 the VillaC18s of :=t. Ant.hony and ~."~o;jnds --lie:.:, nor froill. t2-;;.-:;:
3"':.a~',Gpoi:nt of the conveyan-:e from t~e Vi liege of };ounds View to the
Village of Arden HiJ.ls, lJhic~ is covered by the Fesolution of the
Vi11age of i'ilounds Vie...,: dated Febru8ry2, 1959. The latter EesoJ.llt.ion
recites the ~.-Jho18 tr8n;'~8.ction 1!1 some detail and But.horizes 8 C0:1V8Y-
anCc t.o the Village of li..rc2en Hills. In t.hat Eesoluticn, h.ot.!-ever,
the ,:10r~~s of .the rl8mbcT.'s 'voting in favor of the Resolution 'C,nd
~jfF:dnst that Resolution sho,.::.ld be ins2rt.ed.
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T r t d th f c.- t,. .... "'),-::t-' 1,1. 1 r .... / \,0 '
..... :J2've no e - . B provisions c.., ,~iGC ,ion.:, .J....)J).'-t-'-~, .4_), anu .L___.", anO
J)2!-.ticula!'ly tl""?2 latter, '.-Jhich deals Tdth t~l.C disposit.ion of rC81
2!1(~ personal property of the tot\Tls1:.i? 1!pC'::' dissolution of 8 tov,n.
This provides that the propsrty r2"Iert~ to the CO:1Dt.y. r-01"J2Ver,
t.hes2 ;:tCitut.es :.Ter'2; 81.2 p3~~esd 2$ :3 pnrt or Ch8pter 96 ()f the UXS'J~
of 19.31~ ClP..d in my opinion tr~ey <:':.J. relat,e t,~ a dissolution of the
To:.JI1 "\-Jhich i:3 acconplished :':Yy "{Jote of the electors, ~:1d not to (3
dissolution 1\,hich occurs 1.:he~ the 1.8tt re:nn2nt of t.he tm,.:rns::ip i:3
8.nnezc-,j into a Vil1<3gc. The County asstDlcs no responsibility ar.d
no obligations in ttc::: :attcr 8'Ien.t, anc 8ccordingly there 1-JOu1::1
scerr'. rlG TeaSe:1. ~.Tl\Y h18 C0unty sh.ould r'~ceive <:lilY of the real or
persona:!. property of t.he TOitJI"l. nOlrJev02r, I have bee:1unable to fi:1d
arlY zut.h'Jrity T~,~itr~ respect. to that.
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s. Th'2 pertinent p2rt. of Section 1:1.2.oBI is Subdivision J, tvhich read;~
8S foJ lows:
l!.A.n,y p2rso~al property belongir'~g to the tc';,m at the time of separ-
atic:l., and any r281 es-:ate ~ib:_8t.J~(~ Hithin t.he village and belon:jing
to the t01eITl at that time shall 1~em8in the joint r-roperty of the village
and t01:m 'Hi t.h the interes't of e;:ich being pl'cportional tc its assessed
valuation at the ti:rt8 of separ3t.ion; but. eitJ:er the vil12Jc or t.hf:;
tOHn nay purchase the int.0=ycst of the oth(;r in such real or pers,.)nalôproperty 2nd become i t.s ,sole o,\,meT. II
Public Safety Committee: Crepeau announced that the committee is working
on the proposed dog ordinance and curfew ordinance.
Crepeau announced that there were 95 fish houses on lake Johanna this
past winter, and that much rubbish and debris is left on the lake. He
asked if village can clean it up. Crepeau to check with Sportsmens club
to see if they will do it.
~Clerk's Report: Upon motion by stromquist, seconded by Crepeau, the Liecnsees
Quarterly ~eport of On sale liquor form, as submitted, was approved and
ordered printed. Motion passed.
Upon motion by Crepeau, seconded by Winfrey, Wayne Delange was appointed
Village Weed Inspector for the calander year 1959. Motion passed.
Mayor's Report: A letter of Feb. 23, 1959 from Walter Butler Company was
read and filed with Clerk.
Mayor Ashbach reported a complaint to him of dump trucks parked on
resdiential property on East side of Lake Josephine. Matter referred to
Police Chief Weber.
The meeting was adjourned at 10:35 P.,M.
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RRAINE E.STROMQUIST LERK
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ROBERTO. ASREACH, . MAYOR
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