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HomeMy WebLinkAbout1954 06-23 CCM Regular SessionMinutes of the proceeding of the Village Council or the Village of Brooklyn Center in the County of Hennepin and State of Minnesota, including all accounts /audited by said Council June 23, 1954 The V illage Council met in regular session and called to order by Arthur Paulson, Mayor, at 8 :15 P.M. The following members were present: Arthur Paulson, Wayne Gageby, Glen Sonnenberg, Allen Lindman and Paul Weekly. The minutes of the regular meeting held on June 9, 195+ were approved as read. The Mayor announced that this was the time and place for receipt of bids for the purchase of $37,000 Street Improvement Bonds in accordance with resolution adopted June 9, 195+. The Clerk presented affidavits showing publication of notice of sale in Commercial West, a financial paper published in Minneapolis, Minnesota, which affidavit was 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 Piper,Jaffray & Hopwood Interest rate Amount of Bid Allison Williams Company 3.25% on all bonds together with additional 1% coupons on all bonds for the period beginning 1/1/55 and ending 1/1/56 Kalman & Co. 3% on Series A bonds together with additional coupon of 2% on all bonds for period beginning 7/1/5+ to 1/1/56, 2.80% on Series B bonds $37,000.00 $37,000.00 3% on all bonds $37,05 After due consideration of all of said bids, member Glen Sonnenberg introduced the following resolution and moved its adoption: BE IT RESOLVED by the Village Council of the Village of Brooklyn Center, Minnesota, that the bid of Piper, Jaffray & Hopwood to purchase $37,000 Street Improvement Bonds bearing interest at the rate of 3% per annum and to pay therefor $37,050.00, 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 purchase and return all other checks to the unsuccessful bidders forthwith. 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, Wayne Gageby, Allen Lindman and Glen Sonnenberg; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. Member Glen Sonnenberg introduced the following resolution and moved its adoption: 129 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 $37,000 dated July 1, 1954 being 37 in number and numbered 1 to 37, both inclusive, in the denomination of $1000 each, bearing interest at the rate of 3% per annum, said bonds being divided into Series A and Series B and maturing serially on January lst in tie years and amounts as follows: Series A - $2,000 each year on January lst from 1956 to 196- both inclusive, and $1,000 on January lst in 1565, all without option of prior payment. Series B - $2,000 each year on January lst from 1956 to 1963 both inclusive, and $1,000 on January 1st each year 1964 and 1965; all 130 2. Both principal and interest shall be payable at the main office of Northwestern 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. being subject to redemption, in inverse numerical order, on July 1, 1955 and on any interest payment date thereafter, at par plus accrued interest. UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN VILLAGE OF BROOKLYN CENTER STREET IMPROVEMENT BOND OF 1954 SERIES A $1 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. 1954 -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 percent (3 %) per annum, interest to maturity payable July 1, 1955, 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 Northwestern 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 divided into two series in the total principal amount of $37,000, all of like date and tenor except as to maturity, interest rate, and provision as to redemption, all issued pursuant to and in full conformity with the Constitution and Laws of the State of Minnesota, including Chapter 398, Laws of Minnesota 1953, for the purpose of defraying the expenses incurred and to be incurred in special improvements in Sanitary Sewer Improvements Nos. 1954 -1, 1954 -2 and 1954 -3 of the village, and is payable primarily from special assessments to be levied against property specially benefitted 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, timeand 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 July 1, 1954. Village Clerk (Seal) (Form of Coupon) 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. 1954 -A Fund at the main office of Northwestern National Bank of Minneapolis, Minneapolis, Minnesota, the sum of DOLLARS, being the installment of interest then due on its Street Improvement Bond dated July 1, 1954, No. 'Villa,c O1C� k Mayor Mayor 4. Series B Bonds shall be identical in form to the foregoing but shall have in addition added thereto the following provision: Name of Bidder All bonds of this issue maturing after July 1, 1555, are subject to redemption in inverse numerical order on said date and any interest payment date thereafter at par and accrued interest upon thirty days prior notice by mail to the bank where the 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 school district clerk. 5. 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. 6. The bonds issued hereunder shall be payable from Street Improvement No. 1954 -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. A ll proceeds of said bonds and assessments shall be credited to said Street Improvement No. 1954 -A Fund. 7. 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 n the bonds and no ad valorem tax levy shall be made. The Clerk shall deliver 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 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. The Clerk /then presented the sealed bids which had been received. These were opened and examined and found to be as follows: 131 9. 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 tire right, power and authority of the village and 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, Arthur Paulson, Allen Lindman, Glen Sonnenberg; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. The Mayor announced that this was the time and place for receipt of bids for the purchase of $5000 Street Construction Equipment Certificates of Indebtedness in accordance with resolution adopted June 9, 1954. The Clerk presented affidavits showing publication of notice of sale in Commercial West, a financial paper published in Minneapolis, Minnesota, which affidavit was examined and found satisfactory and ordered placed on file. Interest rate Amount of Bid Allison - Williams Company 3.25% plus additional interest at $5,000. the rate of 1% for the period Jan. 1, 1955 through Jan. 1, 1956 Kalman & Co. 3% on all bonds, plus additional $5,000. coupon of 1% on all bonds from Jan. 1, 1955 to Jan. 1, 1ti56 After due consideration of both of said bids, member Glen Sonnenberg introduced the following resolution and moved its adoption: 132 BE IT RESOLVED by the Village Council of the Village of Brooklyn Center, Minnesota, that the foregoing bids are all rejected on the ground that the Village Council believes that said bids call for an excessive rate of interest in view of the shortness of the maturity of said issue and on the further ground that said certificates can be negotiated at a lower interest rate than those set forth in the bids. 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, Wayne Gageby, Allen Lindman and Glen Sonnenberg; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Glen Sonnenberg introduced the following resolution and moved its adoption: RESOLUTION AWARDING SALE OF $5000 STREET CONSTRUCTION EQUIPMENT CERTIFICATES OF INDEBTEDNESS BE IT RESOLVED by the Village Council of the Village of Brooklyn Center, Minnesota, that the offer of Piper, Jaffray & Hopwood to purchase $5000 Street Construction Equipment Certificates of Indebtedness of the village is hereby found and determined to be a favorable offer and shall be and is hereby accepted, said offer being to purchase said certificates of indebtedness bearing interest ab the rate of 3.25% per annum, at a price of par and accrued interest. 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, Wayne Gageby, Allen Lindman and Rlen Sonnenberg; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. Trustee Glen Sonnenberg then introduced the following resolution and moved its adoption: RESOLUTION FIXING THE FORM AND SPECIFICATIONS OF $5000 STREET CONSTRUCTION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, DIRECTING THEIR EXECUTION AND DELIVERY AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED by the V illage Council of the Village of Brooklyn Center, Minnesota, as follows: 1. The Village of Brooklyn Center shall forthwith issue its negotiable coupon Street Construction Equipment Certificates of Indebtedness in the principal amount of $5000, said certificates of indebtedness to be dated July 1, 1954, to be 5 in number and numbered 1 to 5, both inclusive, in the denomination of $1000 each, all bearing interest at the rate of three and twenty -five hundredths percent (3.25 %) per annum, payable July 1, 1955 and semiannually thereafter on the 1st day of January and the 1st day of July in each year, which certificates of indebtedness shall mature serially, in order of serial numbers, on January 1st in the years and amounts as follows: $2000 in 1956, $2000 in 1957 and $1000 in 1958, all without option of prior payment. 2. Both principal of and interest on said certificates of indebtedness shall be payable at the main office of Northwestern 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. 3. The certificates of indebtedness and the interest coupons to be thereto attached shall be in substantially the following form: No. No. • UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HEN IN VILLAGE OF BROOKLYN CENTER STREET CONSTRUCTION EQUIPMENT CERTIFICATES OF INDEBTEDNESS KNOW ALL MEN BY THESE PRESENTS That the v illage of Brooklyn Center, Hennepin County, Minnesota, acknowledges itself to be indebted and for value received hereby promises to pay to bearer on the 1st day of January, 19 , the sum of ONE THOUSAND DOLLARS and to pay interest thereon from the date hereof until the principal amount is paid at the rate of three and twenty -five hundredths percent (3.25%) per annum, interest to maturity payable July 1, 1955 and semiannually thereafter on the 1st day of Januaryand 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 and interest are payable at the main office of Northwestern 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, and to provide money for the prompt And full payment of said principal and interest as the same become due the full faith, credit and taxing powers of the village have been and are hereby irrevocably pledged. This certificate of indebtedness is one of an issue in the total principal amount of $5000, all of like date and tenor except as to maturity, issued by the village pursuant to the Constitution nd Laws of the State of Minnesota, including Section 412.301, MA n Statutes, for the purpose of financing the purchase of certain street construction and maintenance equipment. 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, to exist, and to be performed precedent to and in the issuance of this certificate of indebtedness have been done, have happened, do exist and have been performed in regular and due form, time and manner as required by law and that this certificate of indebtedness 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 TESTIMONY WHEREOF, the Village of Brooklyn Center, Hennepin County, Minnesota, by its Village Council has caused this certificate of indebtedness to be signed by its Mayor and Village Clerk and sealed with the village seal and the interest coupons hereto attached to be executed and authenticated by the facsimile signatures of said officers, all as of July 1, 1954. Village Clerk (Seal) (Form of Coupon) Mayor Mayor $1000 On the 1st day of January (July), 19 , the Village of Brooklyn Center, Hennepin County, Minnesota, will pay to bearer at the main office of Northwestern National Bank of Minneapolis, Minneapolis, Minnesota, the sum of DOLLARS, being the installment of interest then due on its Street Construction Equipment Certificates of Indebtedness dated July 1, 1954, No. Village Clerk 4. The certificates of indebtedness 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 and attested by the village 13 3 134 clerk and the corporate seal of said village shall be affixed to each thereof, and the interest coupons shall be executed and authenticated by the printed facsimile signatures of said mayor and clerk. When said certificates of indebtedness have been so executed they shall be delivered by the village treasurer to the purchaser thereof upon receipt of the purchase price heretofore agreed upon and the purchaser shall not be obligated to see to the proper application thereof. 5. There is hereby created a separate sinking fund for said certificates of indebtedness which shall be held by the village treasurer and used for no other purpose than to pay principal of and interest on said certificates of indebtedness, 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 said general fund shall be reimbursed for such advances out of the proceeds of taxes levied pursuant hereto or other moneys appropriated by the village council for such purpose. Into said sinking fund shall be paid all proceeds of the taxes levied pursuant to this resolution and such other moneys as may be received by the village for the purpose of or appropriated to the payment of said certificates of indebtedness and interest. 6. There is hereby levied upon all the taxable property in the village a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as a part of other general taxes of the village, which tax is to be for the years and in amounts as follows: Y e Levy 195+ $2400.00 1955 $2200.00 1956 $lloo.00' Each of said levies shall be irrepealable, provided that the village reserves the right to reduce said levies in the manner and to the extent permitted by law. 7. The village clerk is hereby authorized and directed to file with the County Auditor of Hennepin County, Minnesota, a certified copy of this resolution together with such other information as the County Auditor may require, and to obtain from the County Auditor a certificate that such tax has been levied and the certificates of indebtedness entered upon his bond register. 8. The County Auditor of Hennepin County and the officers of the village are hereby authorized and directed to prepare and furnish to the purchaser of said certificates of indebtedness and to the attorneys approving the same, certified copies of all proceedings and records of the village relating to said certificates of indebtedness and to the financial condition and affairs of the village, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge, or as shown by the books and records in their custody and control, relating to the validity and marketability of said certificates of indebtedness and such instrument, including any heretofore furnished, shall be deemed representations of the village as to the facts therein stated. 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, Wayne Gageby, Allen Lindman, and Glen Sonnenberg; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. Motion made by Glen Sonnenberg to adopt the following resolution: BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF BROOKLYN CENTER AS FOLLOWS: 1. The Village Council herewith appoints Albert Paulson, 932 Mississippi Street, Fridley, Minnesota, as a deputy poundmaster pursuant to the ordinances of the Village. He shall qualify for tYis position upon the filing of a bond in the amount of $2000 as required by the village ordinance, the premium for which shall be paid by the Village of Brooklyn Center, and upon the filing of an oath of office and upon signing a contract to be drawn by the village attorney. 2. Albert Paulson as deputy poundmaster shall perform the following services at the prices indicated, all of which shall be incorporated in the contract. (a) Patroling 22 hours per week, with compensation of $55o. annually payable in equal monthly installments. (b) Dog board each day $1.00 (c) Pick up of dog on call $2.50 (d) Each dog disposed of pursuant to ordinance $2.50 The motion for the adoption of the foregoing resolution was duly seconded by member Wayne Gageby, and all present voting in favor thereof, motion carried. Member Paul Weekly 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: Grading and oil stabilizing France Avenue North from 49th to 50th Avenue 50th Avenue North from France to Highway 100 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 $2000.00, 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 28th day of July, 1954, 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: All lots and parcels of land abutting thereon. 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, Wayne Gageby, Glen Sonnenberg, Allen Lindman, and Paul Weekly; and the following voted against the same: None; whereupon said resolution was declared duly passed and adopted. Motion made by Paul Weekly and seconded by Wayne Gageby to accept the fee of $250. and a dumping license be issued to Mr. Carl Cahlander of 6+21 Osseo Road. Motion carried. Motion made by Glen Sonnenberg and secokhd by Allen Lindman to accept the final plat of the Rockwell 2nd Addition, subject to all the testrictions of the platting ordinance. All members voting in favor of this motion, motion carried. Motion made by Allen Lindman and seconded by Glen Sonnenberg to accept the final plat of the Hipp's Second Addition, subject to all the restrictions of the Platting Ordinance. All members voting in favor of this motion, motion carried. 135 1 36 Motion made by Paul Weekly and seconded by Wayne Gageby to accept the final plat of the Ryden's Third Addition, subject to all the restrictions of the Platting Ordinance. All members voting in favor of this motion, motion carried. Motion made by Wayne Gageby and seconded by Glen Sonnenberg to accept a plan presented by Shanedling & Co. covering Lots 2- 3- 4- 5- 6- 9- 10- 11 -12 -13 and 15, Spanjers Addition, no direct loading or unloading on street property on Logan Avenue North and no lights on the Logan Avenue facing, and they are to use screen planting on Logan Avenue. All members voting in favor of this motion, motion carried. Motion made by Glen Sonnenberg the street department authority to lower 4th Street to Lyndale Avenue North about and put in catchbasins on each corner of in favor of this motion, motion carried. and seconded by Wayne Gageby giving 56th Avenue North from approximately 18 inches or whatever is necessary 56th and Lyndale. All members voting Motion made by Allen Lindman and seconded by Glen Sonnenberg giving the Minneapolis Gas Company authority to install a 3 inch main on Irving Avenue North from 58th to 59th Avenue North. Motion carried. #2608 2609 2610 2611 2612 2613 2614 2615 2616 2617 2618 2619 2620 2621 2622 2623 2624 2625 2626 2627 2628 2629 2630 2631 2632 2633 2634 2635 2636 26 37 2638 26 39 2640 2641 2643 The following Bills were audited and ordered paid. 1st National Bank of Mpls Robert Cahlander Arnold Fahlan Henry E. Davis Joseph Sienko Edwin Peterson George Jenson Emil Carlson Gladys Schuckhart Glen Sonnenberg Arthur Paulson Carol Rozentah K. L. Nordquist Miller Davis Co. Williams Hardware Co. Paulson Hdw Co. Aslesen Co. J. V. Gleason Veit & Company Coleman Oil Co. N.W. Bell Telephone H. R. Jones Standard Oil Co. Kunz Qil Co. Pink s upplies Co. Post Publishing Co. Wm. V. Terry Excay. Co. Hanley Zimmerman & Moen John Nordberg Sylvia Nordberg Marion E. McKinley Donald McKinley Federal Tool & Mfg. Co. Aldor R. Johnson Minder Engineering Co. 746 Distillers Distributing Co. 747 Old Peoria Co. Co., Inc. 748 Ebin Brothers Co. 749 Famous Brands, Inc. 750 McKesson Robbins 751 Cancelled 752 Ed Phillips & Sons 753 Griggs Cooper Co. 754 N.W. Bell Telephone Co. 755 c ollector Internal Revenue 756 Liquor Commissionii 757 Rex Distr. Co. 758 James Fischbach 759 Earl Holmes Cert. Indebt. $ 44.75 Salary 175.00 175.00 157.50 150.00 162.50 75.00 62.50 99.80 175.00 50.00 120.00 280.00 7.50 11.08 5.85 43.37 510.12 8.00 42.41 23.10 13.0o 74.04 87.52 7.5o Notices 28.80 Services 267.50 Auditors 1250.00 Assessor 920.00 Dep. Assessor 1480.00 558.00 221.50 10.00 7.00 5268.47 $12,571.81 1850.60 813.10 1172.08 970.54 159.71 1845.99 282.09 16.20 50.00 10.00 54.32 175.00 150.00 tt n tt tt tt Supplies Supplies tt Oiling Supplies Service Supplies tt tt tt tt Supplies Salaries Liquor tt I t Service Permit tt Liquor Salary Salary 760 Richard Jennrich 761 Cancelled 762 K. L. Nordquist Salary $ 150.00 95.00 $7794.63 Motion made by Paul Weekly and seconded by Allen Lindman to adjourn. Motion carried. 137