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HomeMy WebLinkAbout1953 08-12 CCM Regular 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 12, 1953 The Village Council met in regular session and called to order by Arthur Paulson, President, at 8:00 P.M. The following members were present: Arthur Paulson, Wayne Gageby and Paul Weekly. Merrill Stodghill and Glen Sonnenberg were absent. The minutes of the regular meeting held on July 22, 1953, the special meeting held on July 29, 1953 and the special meeting held on August 5, 1953 were approved as read. Motion made by Wayne Gageby and seconded by Paul Weekly that Logan Avenue between 55th and 57th Avenue North be moved over to its proper location, being approximately 17� feet too far west and abutting on private property leaving no room for sidewalk or boulevard; also that Minder Engineering Company be instructed to bring this street to grade and also instruct Terry Bros., Inc. to cut this street to its proper grade. All members voting in favor of this motion, motion carried. Motion made by Paul Weekly and seconded by Wayne Gageby to accept the Bid of the Automatic Refrigeration, Inc. for the installation of a Beer Cooler for the Municipal Liquor Store. All members voting in favor of this motion, motion carried. The Mayor announced that this was the time and place for receipt of bids for the purchase of $30,000 Street Improvement Bonds in accordance with resolution adopted July 29, 1953. The Clerk presented affidavits showing publication of notice of sale in the official newspaper and in Commercial West, a financial paper published in Minneapolis, Minnesota, which affidavits were examined and found satisfactory and ordered placed on file. The Clerk then presented the sealed bids which had been received. These were opened and examined and found to be as follows: Name of Bidder Allison Williams Company Kalman & Co. Interest Rate Amount of Bid 3$ together with additional 2% coupon on all bonds for the year beginning 1 -1 -54 and ending 1/1/55 (Net interest 3.72) 3 for bonds maturing Jan. 1, 1955 to 1957 inclusive 3 3/ % for bonds maturing Jan. 1,1958- 1964 inclusive Additional Coupon of 1% for period beginning 1/1/54 to 1/1/56 After due consideration of all of said bids, member Paul Weekly introduced the following resolution and moved its adoption: $30,000.00 $30,031.00 21 BE IT RESOLVED by the Village Council of the Village of Brooklyn Center, Minnesota, that the bid of Allison Williams Company to purchase $30,000 Street Improvement Bonds bearing interest at the rate of 3.25% to January 1, 1954, at the rate of 5.25% from January 1, 1954 to 'January 1, 1955, represented by two sets of interest coupons at the coupon rate of 3.25% and 2% respectively, and at the rate of 3.25% per annum after January 1, 1955, and to pay therefor $30,000.00, is hereby found, determined and declared to be the most favorable bid and is hereby accepted. The clerk is directed to retain the check of said purchaser and return all other checks to the unsuccessful bidders forthwith. 22 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: Paul Weekly, Arthur Paulson and Wayne Gageby; and the following voted against the same: none; wheeupon said resolution was declared duly passed and adopted. adoption: BE IT RESOLVED by the Village Council of the Village of Brooklyn Center, Minnesota, as follows: 1. The village shall forthwith issue its negotiable Street Improvement Bonds in the principal amount of $30,00q dated August 1, 1953, being 30 in number and numbered 1 to 30, both inclusive, in the denomina- tion of $1000 each, bearing interest at the rate of 3.25% to January 1, 1 95 4 , at the rate of 5.25% from January 1, 195- to January 1, 1955' represented by two sets of interest coupons at the coupon rate of 3.25% and 2% respectively, and at the rate of 3.25% per annum after January 1, 1955, payable July 1, 195+, and semiannually thereafter on January 1 and July 1 and maturing serially on January 1st in the years and amounts as follows: $5000 in 1955 to 1959, both inclusive, $1000 in 1960 to 1964, both inclusive. 2. Both principal and interest shall be payable at the main office of First National Bank of Minneapolis, Minneapolis, Minnesota, and the village shall pay the reasonable charges of said bank for its services as paying agent. 3. The bonds and the interest coupons to be thereto attached shall be in substantially the following form: No. Member Paul Weekly introduced the following resolution and moved its UNIT1) STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN VILLAGE OF BROOKLYN CENTER $ STREET IMPROVEMENT BOND OF 1953 KNOW ALL MEN BY THESE PRESENTS That the Village of Brooklyn Center, Hennepin County, Minnesota, acknowledges itself to be indebted and for value received hereby promises to pay to bearer out of Street Improvement No. 1953-A Fund the sum of ONE THOUSAND DOLLARS on the 1st day of January, 19 , and to pay interest thereon at the rate of three and twenty -five hundredths percent (3.25 %) to January 1, 1954, at the rate of five and twenty -five hundredths percent (5.25 %) from January 1, 195 to January 1, 1955 represented by two sets of interest coupons at the coupon rate of three and twenty -five hundredths percent (3.25 %) and two percent (2 %) respectively, and at the rate of three and twenty -five hundredths percent (3.25%) per annum after January 1, 1955, interest to maturity payable July 1, 195+, and semiannually thereafter on the 1st day of January and the 1st day of July in each year in accordance with and upon presentation and surrender of the attached interest coupons as they severally become due. Both principal of and interest on this bond are payable at the main office of First National Bank of Minneapolis, Minneapolis, Minnesota, in any coin or currency of the United States of America which at the date of payment is legal tender for public and private debts. This bond is one of an issue of bonds in the total principal amount of $30,000, all of like date and tenor except as to maturity and interest rate, all issued pursuant to and in full conformity with the Constitution and Laws of the State of Minnesota, including Section 412.471, Minnesota Statutes, for the purpose of defraying the expenses incurred and to be incurred in special improvements in Blacktopping Improvement No. 1953 -1 and Sanitary Sewer Improvement No. 1953 -1 of the village, and is payable primarily from special assessments to be levied against property specially benefited thereby but constitutes a general obligation of the village, and to provide moneys for the prompt and full payment of said principal and interest as the same become due the full faith and credit of the village is hereby irrevocably pledged and the village will levy ad valorem taxes if required for such purpose without limitation as to rate or amount. IT IS HEREBY CERTIFIED AND RECITED That all acts, conditions and things required by the Constitution and Laws of the State of Minnesota to be done, to happen, and to be performed precedent to and in the issuance of this bond have been done, have happened and have been performed in regular and due form, time and manner as required by law; and that this bond together with all other indebtedness of the village outstanding on the date hereof and the date of its actual issuance and delivery does not exceed any constitutional or statutory limitation thereon. IN WITNESS WHEREOF, the Village of Brooklyn Center, Hennepin County, Minnesota, by its Village Council, has caused this bond to be signed by the Mayor and the Village Clerk and sealed with the corporate seal of the village and the interest coupons hereto attached to be executed and authenticated by the facsimile signatures of said officers, all as of August 1, 1953. (Seal) Village Clerk No. On the 1st day of January (July), 19 , the Village of Brooklyn Center, Hennepin County, Minnesota, will pay to bearer out of Street Improvement No. 1953 -A Fund at the main office of Fist National Bank of Minneapolis, Minneapolis, Minnesota, the sum of DOLLARS, being the installment of interest then due on its Street Improvement Bond dated August 1, 1953, No. Village Clerk (Form of Coupon) Mayor Mayor 4. The Clerk is directed to 'cause said bonds to be prepared, and the Clerk and Mayor are authorized and directed to execute the same and affix the village seal thereto and to cause the interest coupons to be executed and authenticated by the printed facsimile signatures of said officers. 5. The bonds issued hereunder shall be payable from Street Improvement No. 1953 -A Fund heretofore created, provided that if any payment of principal or interest shall become due when there is not sufficient money in said fund to pay the same, the treasurer shall pay such principal or interest from the general fund of the village and such fund shall be reimbursed for such advances out of proceeds of assessments for said improvement when collected. All proceeds of said bonds and assessments shall be credited to said Street Improvement No. 1953 -A Fund. 6. The estimated collection of special assessments and other revenues pledged for the payment of said bonds will produce at least five percent in excess of the amount needed to meet, when due, the principal and interest payments on the bonds and no ad valorem tax levy shall be made. The Clerk shall deliver a certified copy of this resolution to the County Auditor of Hennepin County and obtain his certificate as required by Section 475.63, Minnesota Statutes. 8. The Clerk and Treasurer are authorized and directed to prepare and furnish to the purchaser and to the attorneys approving said issue, certified copies of all proceedings and records relating to the issuance of said bonds and to the right, power and authority of the village and 7. The said bonds when fully executed shall be delivered by the Treasurer to the purchaser thereof upon receipt of the purchase price, and the said purchaser shall not be obligated to see to the proper application thereof. 23 24 adoption: its officers to issue the same and said certified copies and certificates shall be deemed the representations of the village as to all matters stated therein. 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: Wayne Gageby, Paul Weekly, and Arthur Paulson; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. The Mayor announced that the council was met to receive, open and consider bids for labor and materials in the construction of Blacktopping Improvement No. 53 -4. 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 tablulated and found to be as follows: No. 1. 2. Name of Bidder Clement F. Sculley Company J. V. Gleason Company Amount of Bid $44,160.00 $23,680.00 Member Wayne Gageby introduced the following resolution and moved its 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 J. V. Gleason Co. as to the furnishing of all work, labor and material in connection with Blacktopping Improvement No. 53-4, 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 J. V. Gleason Co. 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 Anchor Casualty Co. as surety, in the amount of $23,680.00 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: Paul Weekly, Arthur Paulson and Wayne Gageby; and the following voted against the same: None; whereupon said resolution was declared duly passed and adopted. Motion made by Paul Weekly to adopt the following ordinance: AN ORDINANCE PROVIDING FOR TIIE PERMANENT REGISTRATION OF QUALIFIED VOTERS IN THE VILLAGE OF BROOKLYN CENTER THE COUNCIL OF THE VILLAGE OF BROOKLYN CENTER DOES ORDAIN: Section 1. Registration System Adopted. The system for the permanent registration of voters provided for by Minnesota Statutes, Chapter 201, is hereby adopted for the Village of Brooklyn Center. Section 2. Voters Must Be Registered. No person shall be permitted to vote at any election held in the Village of Brooklyn Center unless he shall have registered as provided in said act. Section 3. Effective Date. This ordinance shall take effect and be in full force from and after the publication hereof. The foregoing motion was seconded by Wayne Gageby and upon vote being taken thereon, the following voted in favor thereof: Wayne_Gageby, Paul Weekly and Arthur Paulson; and the following voted'against the same: none; whereupon said ordinance was declared duly adopted. Trustee Paul Weekly introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $55,000 IMPROVEMENT BONDS WHEREAS, the village council has entered into contracts for the construction of Blacktopping Improvements 53 -2, 53 - and 53- Sanitary Sewer Improvement 53 -2, and Storm Sewer Improvement 53 -1, all under the provisions of Chapter 398, Laws ofo Minnesota 1953, and WHEREAS, the village council has determined as set forth hereinafter that the total estimated cost of said improvement is in excess of $55,000, NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Brooklyn Center, Minnesota, as follows: 1. It is hereby determined that the total cost of each of the improvements heretofore commenced is as follows: For the blacktopping of Dupont Avenue North from 61st to 62nd Avenue North; Irving and James Avenues North from 57th to 59th Avenue North; Emerson, Fremont and Girard Avenues North from 57th to 58th Avenue North; and Knox Avenue North from 55th to 57th Avenue North, heretofore designated Blacktopping Improvement 53 -4 $26,000 For the blacktopping of Aldrich Avenue North' from 59th to 60th Avenue North, heretofore desi $ 2,250 For the construction of a storm sewer system for the purpose of draining the area in and about the following streets: 250 50th Ave. N. between Highway 152 & Highway 100 49th Ave. N. between Highway 152 & Beard Ave.N. Zenith Ave. N. between 49th and 50th Avenues N. Abbott Ave. N. between 49th and 50th Avenues N. Beard Ave. N. between 49th and 50th Avenues North heretofore designated Storm Sewer Improvement 53- $1,500 the aggregate cost thereof being determined to be in excess of 55,000 25 26 2. It is hereby determined that the total cost of each of said improvement shall be assessed upon property benefited by the improve- ment. The Clerk with the assistance of the Minder Engineering Company shall forthwith calculate the proper amount to be specially assessed for the improvements against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, based upon the benefits received. 3. It is hereby determined to finance the entire cost of said improvements by the issuance of improvement bonds. 4. There is hereby created a special fund to be designated as Street Improvement No. 1953 -B Fund out of which shall be paid the cost of the said improvements and the principal and interest on the Improvement Bonds authorized hereunder and into which shall be paid all of the proceeds of the special assessments and taxes to be levied for said improvement and the moneys received from the sale of Improvement Bonds. 5. In anticipation of the collection of said special assessments and taxes, the village shall forthwith issue and sell $55,000 Improvement Bonds. The full faith and credit of the village shall be pledged for the payment of the principal and interest on the bonds when the moneys on hand in the Street Improvement No. 1953-B Fund are insufficient for the purpose. 6. The Improvement Bonds shall be 55 in number and numbered 1 to 55, both inclusive, in the denomination of $1000 each, shall bear date September 1, 1953, shall bear interest payable July 1, 1954, and semiannually thereafter on January 1 and July 1 in each year and shall mature serially on January 1st in the years and amounts as follows: $8,000 in 1955 to 1959, both inclusive, $2,000 in 1960 to 1964, both inclusive, and $1,000 in 1965 to 1969, both inclusive, all without option of prior payment. It is expressly determined that these maturities are such as in the judgment of the village council are warranted by the anticipated collection of assessments and taxes. 7. The village council shall meet at the village hall in the village on Wednesday, the 26th day of August, 1953, at eight o'clock p.m., for the purpose of receiving sealed bids for the purchase of said bonds and the village clerk is authorized and directed to cause notice of the sale of said bonds to be given by publication ten days, in Commercial West, a financial paper published in Minneapolis,, Minnesota. Said notice shall recite that the village will furnish printed bonds and approving legal opinion of Messrs. Faegre & Benson, Minneapolis, Minnesota, both without expense to the purchaser, shall require that all bids be unconditional and accompanied by a good faith check in the amount of at least $1000.00 and shall specify one or more interest rates in multiples of one -tenth or one - quarter of one percent. Said notice shall further provide that delivery of the bonds will be made by the village within forty days after the date of sale at the office of the village clerk or, at the option of the purchaser, at Minneapolis or St. Paul without expense to the purchaser. ion was duly seconded following- o .x `t s . , ` ; ; r yr; ' ;ul Weekly; and the o ow ng vote. `agains the e: one; wh; ' =td resolution was declared duly passed and adopted. Motion made by Paul Weekly and seconded by Wayne Gageby to accept the Justice report for July 1953 presented by Russ Jones. All members voting in favor of this motion, motion carried. Motion made by Wayne Gageby and seconded by Paul Weekly to accept the recommendation of the Planning Commission and allow Herbert Kicherer authority to subdivide his property covering the 68 feet from his north line. All members voting in favor of this motion, motion carried. Motion made by Wayne Gageby and seconded by Paul Weekly to accept the recommendation of the Planning Commission to allow Oliver Krieger of 531 Dupont Avenue North authority to build a Garage VT feet from his south property line, providing John Christofferson gives the Council a letter agreeing to the distance from his north property line. All members voting in favor of this motion, motion carried. The following bills were audited and ordered paid: #1962 Wayne Gageby $ 125.00 1 9 6 3 Warren Lindquist 75.00 1964 Robert Cahlander 149.85 1965 Arnold Fahlan 144.00 1966 Henry E. Davis 136.20 1967 Edwin C. Peterson 176.82 1968 Emil Carlson 79.56 1969 Elsworth Nelson 162.82 1970 Parnell Olson 89.69 1971 Harry Lindquist 97.37 1972 Marvin Prokasky 140.42 1973 Robert Cashman 74.82 1974 Loran Hafterson 23.57 1975 Clarice Oren 148.80 1976 Warren Lindquist 75.00 1977 John T. Nordberg 1,000.00 1978 Northern States Power Co. 50.75 1979 Northwestern Bell Telephone Co. 18.35 1980 League of Minnesota Municipalities 132.00 1981 Suburban Hennepin County Relief 366.01 1982 Miller Davis Company 16.40 1983 Chapin Publishing Co. 35. 1984 Post Publishing Company 3 1985 Ed Ryan, Sheriff 1.50 1986 Dan Elmer 25.00 1987 J. N. Johnson, Inc. 2.50 1988 Dave Dover 4.00 1989 Al's and Johnnies Garage 8.5 1990 Standard Oil Company 33.03 1991 R & V Texaco Company 36.46 1992 DeLong Lumber Company 10.43 1993 Russ's Direct Service 106.08 1994 DeLaittre Dixon Company 35.11 1995 Wm. H. Ziegler Co. 14 .53 1996 Anderson Aggregates 4.80 1997 Harold L. Flittie Co. 15.35 1998 Kunz Oil Co. 75.95 1999 Mutual General Insurance 2568.68 2000 Cancelled 2001 Bury & Carlson, Inc. 10.07 2002 Shifflet, Backstrom & Carter 1000.00 #290 Distillers Distr. Co. 1044.86 291 Old Peioria Co. 309. 292 Midwest Wine Co. 121.10 293 Ebin Beothers Co. 437.97 294 Ed Phillips & Sons 743.37 295 Famous Brands 593. 296 McKesson Robbins 107.60 297 Griggs Cooper Co. 204.45 298 Minneapolis Brewing Co. 13 299 Gluek Brewing Co. 587.00 300 Royal Beverage Distr. Co. 126.66 301 Seven -Up Bottling Co. 124.68 302 Canada Dry Ginger Ale 44.30 303 Massolt Bottling Co. 89.58 304 Chaska Beverage Co. 248.86 305 Coca Cola Bottling Co. 58.08 306 L. A. Dick Co. 81.82 307 0. M. Droney Bev. Co. 18.56 27 28 #308 Pabst Sales Co. 309 Minneapolis Bottling Company 310 Thompson Fruit Co. 311 Grow Refrigeration Co. 312 James R. Fischbach 313 Richard J. Jennrich 314 Steve Leba 315 Paul Felegy 316 Mpls City Club Dist. 317 General Fund Clerk $ 64.06 32.93 1053.02 6.00 166.76 119.55 144.52 139.40 1369.81 25.38 Motion made by Wayne Gageby and seconded by Paul Weekly to adjourn. Motion carried.