HomeMy WebLinkAbout1953 08-05 CCM Special SessionMinutes of the proceeding of the Village Council
of the Village of Brooklyn Center in the County of Hennepin and
State of Minnesota, including all accounts audited by said Council
August 5, 1953
The V illage Council met in special session and called to order by
Arthur Paulson, President, at 8 :00 P.M.
The following members were present: Arthur Paulson, Wayne Gageby,
Merrill Stodghill and Paul Weekly. W. Glen Sonnenberg was absent.
Merrill Stodghill offered the following amendment to the Building
Code of the Village of Brooklyn Center by adding thereto, a minimum require-
ment for floor area in dwelling.
"The Village Council of the Village of Brooklyn Center do ordain
as follows:
1. Section 12 of the Bullding Code of the Village of Brooklyn Center
enacted on June 18, 1940 is hereby amended by adding to said section the
following:
Section 12F. Living units in single and two - family dwelling shall
have a total floor area of not less than 720 square feet for each
of the units if such dwelling shall also have a full basement,
and without a full basement, shall have a total floor area of
not less than 850 square feet for each of the units.
2. This ordinance shall be in full force and effect from and after
its publication."
Mr. Wayne Gageby moved the adoption of this ordinance, and upon vote
being taken thereon the following voted in favor: Arthur Paulson, Wayne Gageby,
Merrill Stodghill, Paul Weekly; and the following voted against same: None;
whereupon said ordinance was declared duly passed and adopted.
The Mayor announced that the meeting was open for the consideration
of a proposed improvement in the village consisting of the following:
Blacktopping the following streets:
Dupont Avenue North from 61st to 62nd Avenue North
Irving Avenue North from 57th to 59th Avenue -North
James Avenue North from 57th to 59th Avenue North
Emerson Ave. North from 57th to 58th Avenue North
Fremont Ave. North from 57th to 58th Avenue North
Girard Avenue North from 57th to 58th Avenue North
Knox Avenue North from 55th to 57th Avenue North
13
The Clerk produced an affidavit of publication of notice of hearing
on the proposed improvement showing two weeks publication thereof in the official
newspaper, the last publication being on July 30, 1953, which affidavit was
examined and found satisfactory and ordered placed on file.
The Mayor then called upon all property owners present to present
arguments either for or against the proposed improvement. The following
appeared and entered objections: None, and the following appeared in favor
of said improvement: None.
After hearing and considering all objections, and the property owners
appearing in favor of said improvement, member Merrill Stodghill introduced
the following resolution and moved its adoption:
14
BE IT RESOLVED by the Village Council of the V illage of Brooklyn
Center, Minnesota, as follows:
1. It is hereby determined that it is necessary and for the best
interests of the village and the owners of property specially benefited
thereby that the following improvement shall be constructed:
Blacktopping the following streets:
Dupont Avenue North from 61st to 62nd Avenue North
Irving Avenue North from 57th to 59th Avenue North
James Avenue North from 57th to 59th Avenue North
Emerson Ave. North from 57th to 58th Avenue North
Fremont Ave. North from 57th to 58th Avenue North
Girard Avenue North from 57th to 58th Avenue North
Knox Avenue North from 55th to S7th Avenue North
Said improvement shall be hereafter designated Blacktopping Improvement
No. 53 -4.
The motion for the adoption of the foregoing resolution was duly
seconded by member Wayne Gageby, and upon vote being taken thereon the following
voted in favor thereof: Arthur Paulson, Merrill Stodghill, Wayne Gageby,
Paul Weekly; and the following voted against the same: None; whereupon said
resolution was declared duly passed and adopted.
Motion made by Merrill Stodghill and seconded by Wayne Gageby that
the Village proceed to grade parts of streets in Colleen's Addition and the
Brooklyn Belt Line Addition and the Village to bill them for their portion of
bringing the streets to grade, subject to acceptance of Terry Bros. Inc.
All members voting in favor of this motion, motion carried.
Motion made by Merrill Stodghill and seconded by Wayne Gageby to accept
the final plat of the Brooklyn Belt Line Addition, subject to posting of a
Bond of $1725.00 to cover costs of street grading and gravel. Motion carried.
The Mayor announced that the council was met to receive, open and
consider bids for labor and materials in the construction of Storm Sewer
Improvement No. 53 -1.
The Village Clerk presented affidavits showing publication of
advertisement for bids in the official newspaper and the Construction Bulletin,
which affidavits were examined and found to be in accordance with law and
ordered placed on file.
The Clerk then presented the bids which had been received. These
were numbered consecutively and were then opened and examined and all persons
who desired were given an opportunity to inspect all bids. These -were
tabulated and found to be as follows:
No.
Name of Bidder
RESOLUTION ORDERING IMPROVEMENT
1. Scully Const. Co.
2. Tessen Const. Co., Inc.
3. Beatson & Kelly, Contractors
4. Sandstrom & Hafner
5. Peter Lametti Const. Co.
6. Wm. V. Terry Exc. Co.
7. F. Moretti & L. J. McNulty Inc.
8. Lametti & Sons, Inc.
Amount of Bid
$19,322.80
14,306.00
14, 508.00
18,363.75
13,5
15,197.5
14,233.00
13,066.95
Member Wayne Gageby introduced the following resolution and moved
its adoption:
RESOLUTION ACCEPTING BIDS
AND APPROVING CONTRACT AND BOND
BE IT RESOLVED by the Village Council of the Village of Brooklyn
Center, Minnesota, that the bid of Lametti & Sons, Inc. as to the
furnishing of all work, labor and material in connection with Storm
Sewer Improvement No. 53 -1, according to the plans and specifications
therefor now on file in the office of the Village Clerk, is deemed to
be the lowest and best bid submitted for said, work by a responsible
bidder, and said bid is hereby accepted.
BE IT FURTHER RESOLVED That the form of contract proposed for
execution between the Village and Lametti & Sons, Inc. is approved,
and the Mayor and Village Clerk are hereby authorized and directed
to execute the same on behalf of the village.
BE IT FURTHER RESOLVED That the bond, with Seaboard Surety Co.
as surety, in the amount of $13,066.95 conditioned for the faithful
performance of the said contract, be approved and filed with the Village
Clerk.
The motion for the adoption of the foregoing resolution was duly
seconded by member Paul Weekly, and upon vote being taken thereon the following
voted in favor thereof: Arthur Paulson, Merrill Stodghill, Wayne Gageby,
Paul Weekly; and the following voted against the same: None; whereupon said
resolution was declared duly passed and adopted.
Member Merrill Stodghill introduced the following resolution and
moved its adoption:
No.
A RESOLUTION AUTHORIZING AND DIRECTING THE ISSUANCE AND SALE OF
$50,000 LIQUOR STORE REVENUE CERTIFICATES AND PRESCRIBING THE
TERMS AND PROVISIONS AND PROVIDING ACCOUNTS FOR THEIR PAYMENT.
BE IT RESOLVED by the Village Council of the Village of Brooklyn
Center, Minnesota, as follows:
1. In order to provide money for the purchase of liquor stocks,
furnishings and equipment for the building constituting the municipal
liquor store, there shall be issued and sold Liquor Store Revenue
Certificates of the village in the aggregate principal amount of
$50,000, said certificates to be 50 in number and numbered 1 to 50,
both inclusive, in the denomination of $1000 each, all bearing date
August 1, 1953, bearing interest at the rate of five and seventy -five
hundredths percent (5.75 %) per annum from date to August 1, 1955
in accordance with two separate sets of interest coupons in the amount
of $21.25 and $7.50 respectively and at the rate of four and twenty -five
hundredths percent (4.25 %) per annum after August 1, 1955, all interest
payable semiannually on the lst day of February and the 1st day of
August in each year and which certificates mature serially on
August lst in the years and amounts as follows: $6000 in 1955 to 1960,
both inclusive, and $7000 in 1961 and 1962, all bonds maturing after
August 1, 1958 subject to redemption on said date and any interest
payment date thereafter at a premium of three percent.
2. The certificates and the coupons to be thereto attached shall
be in substantially the following form:
UNrriD STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
VILLAGE OF BROOKLYN CENTER
LIQUOR STORE REVENUE CERTIFICATE.
$10
KNOW ALL MEN BY THESE PRESENTS That the Village of Brooklyn Center,
Hennepin County, Minnesota, certifies that it is obligated to pay to
bearer out of the Revenue Certificate Account of its Liquor Store Fund
from the net revenues to be hereafter derived from the operations of
the municipal liquor store, the principal sum of ONE THOUSAND DOLLARS
on the lst day of August, 19 , and to pay interest thereon out of
said account from the date hereof until the principal sum is paid at
the rate of five and seventy -five hundredths percent (5.75*) per annum
15
Z6
from date to August 1, 1955 in accordance with two separate sets of interest
coupons in the amount of $21.25 and $7.50 respectively and at the rate of
four and twenty -five hundredths percent (4.25 %) per annum after August 1, 1955,
interest to maturity payable semiannually on the 1st day of February and the
1st day of August in each year in accordance with and upon presentation and
surrender of the interest coupons hereto attached as they severally become
due. Both principal and interest are payable at Midland National Bank of
Minneapolis in the City of Minneapolis, Minnesota, in any coin or
currency of the United States of America which at the time of payment is
legal tender for public and private debts.
All certificates of this issue maturing after August 1, 1958 are
subject to prior payment and redemption on said date and any interest payment
date thereafter on payment of a premium of Thirty Dollars. Thirty days
prior notice of redemption will be given by mail to the bank where the
certificates are payable and to the last known holder. Holders desiring to
receive such notice must register their names, addresses and certificate
numbers with the village clerk.
This certificate is one of an issue in the aggregate principal amount
of $50,000, all certificates being of like date and tenor except as to
maturity and redemption privilege, all issued for the purpose of providing
money for the purchase of liquor stocks, furnishings and equipment for a
building constituting the municipal liquor store, pursuant to resolution
of the village council and is payable solely from the net revenues of the
municipal liquor store as defined in the authorizing resolution and the
village shall not be liable to levy taxes or collect and use any money
received from taxation for the payment of either principal hereof or
interest hereon.
IT IS HEREBY CERTIFIED AND RECrriJ) That in and by the authorizing
resolution the village council has covenanted and agreed that so far as
permitted by law it will continue to operate the municipal liquor store
free from competition by other like stores in the village, that it will
carry adequate insurance on the store and contents, that it will keep
suitable and adequate books of record and account to show all
transactions in connection with said store, that it has established
and will maintain a Liquor Store Fund and has set up therein a Revenue
Certificate Account into which it will pay monthly out of the net
revenues of the municipal liquor store a sum sufficient to provide money
to pay principal hereof and interest hereon when due and that it will
use and apply all of said net revenues as provided in the authorizing
resolution.
IT IS FURTHER CERTIFIED AND RECITED That all conditions, acts and
things required under the Consti tution and Laws of the State of Minnesota
to exist, to be done, to happen and to be performed in order to make
this certificate a valid and binding special oblation of the village
according to its terms, do exist, have been done, have happened and have
been performed and that this certificate does not create an indebtedness
of the village contrary to any constitutional or statutory limitation.
IN WITNESS WHEREOF, the Village of Brooklyn Center, Hennepin County,
Minnesota, by its Village Council has caused this certificate to be
executed by the signature of the Mayor and attested by the Village Clerk
and the corporate seal of said village to be hereunto affixed and the
interest coupons to be executed and authenticated by the facsimile
signatures of said officers, all as of August 1, 1953.
Attest
(Seal)
Village Clerk
Mayor
Village of Brooklyn Center, Minnesota
No.
Village Clerk
(Form of Coupon)
Mayor
On the 1st day of February (August), 19 , the Village of
Brooklyn Center, Hennepin County, Minnesota, will pay to bearer at
Midland National Bank of Minneapolis, Minneapolis, Minnesota, out
of the Revenue Certificate Account of its Liquor Store Fund the sum
of DOLLARS for interest then due on its Liquor
Store Revenue Certificate dated August 1, 1953, No.
3. The certificates shall be payable at Midland National Bank of
Minneapolis in the City of Minneapolis, Minnesota, and the village
shall pay the reasonable charges of said bank for its services as paying
agent as an expense of operation of the municipal liquor store.
4. The certificates 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
corporate seal of the village thereto affixed, and the interest coupons .
shall be executed and authenticated by the printed facsimile signatures
of said officers.
5. All moneys received from the sale of the certificates and from
the operation of the municipal liquor store shall be deposited in a
separate bank account. There is hereby created a separate fund to be
called Liquor Store Fund to which shall be credited all income from the
municipal liquor store. There shall be kept within said fund separate
accounts as follows:
(a) A Capital Expenditure Account to which shall be credited
the amount received from the sale of said certificates and any other
amounts hereafter appropriated thereto. There shall be charged against
said amount all expenditures for the acquisition of merchandise,
materials, furnishings, equipment and supplies. Any amount therein after
the store is supplied and equipped shall be credited to the Revenue
Certificate Account.
(b) A Current Operations Account to which shall be credited
all receipts and income from the operations of the store and against which
shall be charged all costs of current operations including reasonable
salaries in an amount not exceeding those paid by comparable stores and
the cost of the purchase of stock. There shall be maintained therein
as a cash balance an amount equal to the total estimated operating
costs during the succeeding calendar month. Any balance therein at
the end of any month shall be deemed net revenues from the operations
of the store.
(c) A Revenue Certificate Account to which shall be credited
at least quarterly from the net revenues an amount not less than one-
fourth of the total amount required to pay principal and interest on'
the outstanding certificates of this issue falling due during the ensuing
twelve months.
(d) A Reserve Account to which shall be credited from net
revenues after the required payments to the Revenue Certificate Account
and to be used to assure payment of principal and interest in event of
any deficiency in the Revenue Certificate Account and to prepay
certificates. There shall be credited to such reserve account prior
to August 1, 1954, an amount equal to one year's principal and interest
requirements and such amount shall be retained as a required reserve
until payment of all certificates of this issue and if depleted by
payments of principal or interest shall be restored from the next available
net revenues.
18
6. The village council may authorize the issuance of additional
revenue certificates payable from the revenues of the municipal liquor
store and all such certificates shall share on a parity in the net
earnings of the municipal liquor store, provided that at the time of
such additional issue the village council shall have a sworn statement
from a qualified public accountant that the annual net revenues as
herein defined for the preceding two years have been in an amount at
least one and one -half times the amount required to pay principal of
and interest due on all certificates payable from said revenues,
including such additional certificates during any subsequent year.
7. For the protection of the security of the certificates herein
authorized the village council hereby covenants and agrees with the
holders thereof from time to time and so long as any of such certifi-
cates remain outstanding as follows:
(a) It will continue to operate the municipal liquor store
as permitted by law and so long as the village continues to operate
the same it will charge for all merchandise sold prices comparable
to those charged by other stores of like character so as to produce,
so far as possible, net profits from the operation of the store in an
amount sufficient to pay principal and interest on the certificates .
issued hereunder when due. In event that the operations of the store
shall be discontinued, all merchandise and fixtures owned by the village
and used or held in connection with the operation of the store shall be
sold and the proceeds shall constitute a fund to used solely for the
payment of the certificates issued hereunder.
(b) It will cause all income and receipts from the operation
of the municipal liquor store to be credited to the Liquor Store Fund
and to the separate accounts as herein provided.
(c) It will cause books of record and account to be kept in
which true and correct entries will be made of all transactions of
receipts or expenditures, which books shall be open to inspection and
copying by any holder of certificates or his attorney at all reasonable
times, and it will cause said books to be audited at least annually by
qualified public accountants and will furnish copies thereof to all
certificate holders upon request.
(d) It will procure and keep in force insurance upon the
municipal liquor store and contents against loss by fire, windstorm,
flood and other causes customarily insured against and suitable fidelity
bonds upon all employees charged with the management of the store or
custody of funds to protect the village and certificate holders against
loss by reason of any such casualty or default.
8. All revenue certificates of this issue shall share on a parity
in the net revenues of the municipal liquor store, provided that should
there be at any time an insufficient amount in the Revenue Certificate
Account to pay all principal and interest at any time due, the interest
on all outstanding certificates shall be first paid and the balance shall
be used to pay principal in order of serial numbers.
9. In event of any default hereunder the holders of a majority in
principal amount of the certificates shall be authorized to declare
the entire principal amount due and payable and to bring such action in
law or equity as they may deem suitable on behalf of all of the
certificate holders and shall be entitled to recover the costs of such
suit as a first claim on any amounts thereafter paid.
10. The offer of Juran & Moody, Kalman & Company, Inc., and
Allison - Williams Company to purchase $50,000 Liquor Store Revenue
Certificates issued hereunder at a price of par and accrued interest
and a premium equal to the expense to the village of printing
certificates and legal opinion, is determined to be a favorable offer
and is hereby accepted and the treasurer of the village is authorized
and directed to deliver the said certificates upon receipt of the par
value thereof and accrued interest to date of delivery, and the proceeds
shall be credited to the Capital Expenditure Account but the purchaser
shall not be required to see to the proper application of the purchase
price.
11. The village clerk and treasurer are authorized and directed
to furnish to the purchasers and to the attorneys approving the issue,
certified copies of all proceedings and records of the village relating
to said certificates and such other certificates and certified copies
as may be required to show the financial condition of the village
through the village council to issue and sell Liquor Store Revenue
Certificates as provided herein and such certified copies and
certificates shall be deemed representations of the village as to
all facts stated therein.
The motion for the adoption of the foregoing resolution was duly
seconded by Trustee Paul Weekly, and upon vote being taken thereon the
following voted in favor thereof: Arthur Paulson, Merrill Stodghill, Wayne
Gageby, Paul Weekly; and the following voted against the same: None;
whereupon said resolution was declared duly passed and adopted.
Member Wayne Gageby introduced the following resolution and moved
its adoption:
RESOLUTION PROVIDING FOR PUBLIC HEARING
ON A PROPOSED IMPROVEMENT
WHEREAS, a petition of property owners has been filed in the office
of the village clerk for the construction of a proposed improvement
consisting of the following:
Oiling Humboldt Avenue North between 53rd and 55th Avenues North
WHEREAS, the village engineer has made a preliminary report advising
that said proposed improvement is feasible and that it can be constructed
at an "estimated cost of $400.00,
NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village
of Brooklyn Center, Minnesota, as follows:
1. The Council proposed to proceed under authority granted by
Chapter 398, Laws of Minnesota, 1953.
2. A Public hearing on the proposed improvement shall be held at the
Village Hall in the village on Wednesday, the 26th day of August, 1953,
at 8 :00 o'clock P.M., and the clerk shall publish notice of the time
and place of hearing by two weeks publication in the official newspaper
of the village.
3. The area proposed to be assessed for said improvement is as
follows: �Bg
All 1 and parcels of land abutting thereon.
The motion for the adoption of the foregoing resolution was duly
seconded by member Paul Weekly, and upon vote being taken thereon the following
voted in favor thereof: Arthur Paulson, Merrill Stodghill, Wayne Gageby,
Paul Weekly; and the following voted against the same: None; whereupon said
resolution was declared duly passed and adopted.
Motion made by Merrill todghill and seconded by Wayne Gageby that
a Cigarette License be granted to Marv's DX Service Station at 57th and
Morgan Avenue North. Motion carried.
Motion made by Wayne Gageby and seconded by Paul Weekly that the
license of Emil Carlson as plumbing inspector be extended to January 1, 195 .
Motion carried.
20
Motion made by Paul Weekly and seconded by Merrill Stodghill to
grant the Minneapolis Gas Company authority to 'install
a 3 inch main on Knox Avenue North from 593 feet north of the
north line of S7th Avenue North to cover the south one -half of
#5850 (Lot 8, Aud. Sub. #215)
a 3 inch main on Irving Avenue North from the center line of
53rd Avenue North to cover Lot 4, Block 1.
a 3 inch main on James Avenue North from the center line of
53rd Avenue North to cover Lot 1 1, Block 2.
a 3 inch main on Emerson and 62nd Avenues North from south line
of 61st Avenue North to Dupont Avenue North (Lot 1, Block 1)
a 3 inch main Fremont Avenue North from 212 feet north of the
north line of 57th Avenue North to 15 feet south of the north
line of 58th Avenue North and also on Girard Avenue North from
211 feet north of the north line of 57th Avenue North to
58th Avenue North.
The following bills were audited and ordered paid.
#1962 Wayne Gageby $125.00
#1960 Warren Lindquist 75.00
Motion made and duly seconded to adjourn. Motion carried.
G -ca O Ili
Clerk
President