HomeMy WebLinkAbout1955 07-27 CCM Regular Session 281L
Minutes 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
July 27, 1955
The Village Council met in regular session and was 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,H. R. Jones.
The followi_e member ,w. e nt: thur also , Wa G y,
Glen Sonnenberg, Aennand H. R. Jones.
The minutes of the regular meeting of July 13 and the special meeting
of July 18 were read and approved.
The Mayor announced that the Council was met to receive, open and
consider bids for labor and materials for excavation, stabilizing, curb,
gutter and bituminous surfacing of 57th Avenue North, known as Street Improvement
No. 1955 -6.
The 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 Amount of Bid
1. J. V. Gleason $62,826.86
2. Barton Contracting Co. 63,565•
3. Black.Top Service Co. 65,913
Member Wayne Gageby introduced the following resolution and moved its adoption:
RESOLUTION TABLING FURTHER ACTION ON BIDS
BE IT RESOLVED by the Village Council of the Village of
Brooklyn Center, Minnesota that further action on the
bids received for labor and materials in the construction
of Street Improvement No. 1955 -6 be tabled for further
examination by the Village Engineer and Village Council,
bidders to be notified by mail as to successful bidder.
The motion for /the adoption of the foregoing resolution was duly seconded by
member Glen Sonnenberg, and upon vote being taken thereon the following voted
in favor thereof: Arthur Paulson, Wayne Gageby, Glen Sonnenberg, Allen Lindman
and H. R. Jones; and the following voted against the same: None; whereupon
said resolution 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:
Grading and oil stabilizing of 52nd Avenue North between
France Avenue and Lake Place; and of Greatview Avenue North
between 52nd and 53rd Avenues
The Clerk produced an affidavit of publication of notice of hearing
o the proposed improvement showing two weeks' publication thereof in the
n p p p g p
e' 1
official newspaper, the last publication,b �.ng on J 21 , 955, 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.
After hearing and considering all objections, and the property owners
appearing in favor of said improvement, member Wayne Gageby introduced the
following resolution and moved its adoption :
RESOLUTION ORDERIlqG IMPROVEMENT
BE IT RESOLVED by the Village Council of the Village of Brooklyn
Center, Minnesota as follows:
I
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: a
Grading and oil stabilizing of 52nd Avenue North between
France Avenue and Lake Place; and of Greatview Avenue North
between 52nd and-53rd Avenue.
Said improvement shall be hereafter designated Street Improvement
No. 1956 -1.
2. Said improvement shall be done by day labor in the spring
of 1956.
The motion for the adoption of the foregoing resolution was duly seconded by
member Allen Lindman, and upon vote being taken thereon the following voted
in favor thereof Arthur Paulson, Wayne Gageby, Allen Lindman, Glen Sonnenberg
and H. R. Jones; and the following voted against the same: None; whereupon
aid resolution was declared duly passed and adopted.
The Mayor announced that the meeting was open for the consideration
of a proposed improvement in the Vilkge consisting of the following:
Blacktopping Twin Lake Boulevard between 53rd Avenue North
and the northern extremity of Twin Lake Boulevard
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 21, 1955, 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.
After hearing and considering the arguments, member H. R. Jones
introduced the following resolution and moved its adoption:
RESOLUTION DISAPPROVING PROJECT
BE IT RESOLVED by the Village Council of the Village of Brooklyn
Center as follows:
1. The blacktopping of Twin Lake Boulevard between 53rd
Avenue North and the northern extremity of Twin Lake Boulevard
is hereby disapproved.
The motion for the adoption of the foregoing resolution was duly seconded by
Wayne Gageby, and upon vote being taken thereon the following voted in favor of
the same: Arthur Paulson, H. R. Jones, 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 and seconded by Wayne Gageby that the
Building Inspector be authorized to notify Herbert Malcolm to defer building on
Tract P and N-ff of Tract Q, Registered Land Survey #+0, and the matter referred
to the Planning Commission for further study and recommendation. Motion carried.
Motion made by Allen Lindman and seconded by H. R. Jones to uphold
the recommendation of the Planning Commission and give a special permit to
Bernard Johnson to build a garage ten feet back of house and three feet from
south lot line at 5806 Girard Ave. N. Motion carried.
Motion made by Wayne Gageby and seconded by Allen Lindman to uphold the
recommendation of the Planning Commission and grant special permit to Clara Dimoff,
5700 Humboldt Avenue North, to divide Lots 4 and 5. Block 1, Bobendrier's Addition,
into two 65 foot lots and one 91.53 foot lot. Motion carried.
Motion made by Glen Sonnenberg and seconded by Allen Lindman to instruct
the Village Engineer to proceed with plans for grading of Drew Avenue, 51st to
53rd. Motion carried.
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Motion made by H. R. Jones and seconded by Glen Sonnenberg to adopt
the following ordinance:
AN ORDINANCE AUTHORIZING THE CONSTRUCTION OF
DRIVEWAYS AND SIDEWALKS CONNECTING WITH THE
STREETS OF THE VILLAGE OF BROOKLYN CENTER
UNDER CERTAIN CONDITIONS
THE VILLAGE COUNCIL OF THE VILLAGE OF BROOKLYN CENTER DO ORDAIN AS
FOLLOWS:
1. Property owners are hereby authorized to construct driveways
and sidewalks traversing the boulevard connecting on to the streets
owned by the Village of Brooklyn Center subject to the following
conditions:
(a) Such construction work must be done at the expense of the
property owner and no such construction work shall impair
or damage the street.
(b) The granting of permission by the Council for this purpose
shall give the owner no right or claim against the Village if
and when the Village shall regrade the streets and shall
otherwise improve or maintain said streets so that if following
any construction or maintenance work on the streets the property
owner is required to reconstruct the driveway or sidewalk as a
consequence thereof, he shall not be entitled to any
reimbursement by the Village.
2. This ordinance shall be in force from and after its legal
publication.
Motion carried.
Motion made by H. R. Jones and seconded by Wayne Gageby to hire Paul Bullen
for the summer vacation at $400.00 per month. Motion carried.
Motion made by Wayne Gageby and seconded by H. R. Jones to advertise for
bids for catch basins in the area bounded by the Mississippi River, 53rd Avenue,
Morgan Avenue, and Highway 100, closing date August 17, 1955 at 8:00 P.M.
Motion carried.
Motion made by H. R. Jones and seconded by Wayne Gageby to advertise for
bids on street oil, closing date August 17, 1955, at 8:00 P.M. Motion carried.
Motion made by H. R. Jones and seconded by.Wayne Gageby to accept for
road purposes only the Deed of Caroline Peterson, a widow and not remarried,
to the Southerly 30 feet of her property on 62nd Avenue between Aldrich and
Bryant Avenues North, described as follows:
"Commencing 137 3/10 feet West of Northwest corner of Lot 4, thence
West 412 7/10 feet, thence South parallel with West line of said Lot
582 1 /10 feet to actual point of beginning; thence continuing South
parallel with said West line 208 75/100 feet, thence East parallel
with North line of said Lot 208 75/100 feet, thence North parallel
with said West line 208 75/100 feet, thence West to beginning,
Section 36, Township 119, Range 21, Hennepin County, Minnesota,
according to the duly recorded plat thereof."
Motion carried.
Motion made by H. R. Jones and seconded by Wayne Gageby to authorize the
purchase and installation of stop signs, 53rd and France Avenue, 65th and
Humboldt Avenue, 57th and Logan Avenue, and warning.signs to be furnished by
the Soo Line Railroad be installed at France Avenue and Soo Line Tracks. Motion
carried.
Motion made by H. R. Jones and seconded by Allen Lindma.n to adopt the
following resolution:
RESOLUTION
WHEREAS, the Village of Brooklyn Center has let a contract for
the construction of Sanitary Sewer Improvement 1955 -1 which
consists principally of the construction of a sanitary sewer
interceptor along a route running generally north and south within
the Village of Brooklyn Center west of Shingle Creek; and
WHEREAS, said sanitary sewer interceptor is to connect with the
existing sanitary sewer line in Minneapolis at a point on 52nd
Avenue North midway between Upton and Vincent Avenues North; and
WHEREAS, in order to reach the point of connection the Village
desires to traverse a fourteen foot alley running down the center of r
the block bounded by 52nd and 53rd Avenues North and Upton and Vincent
Avenues North; and
WHEREAS, the City of Minneapolis in return for permission to traverse
said route with interceptor main desires that the City of Minneapolis
be saved harmless from any additional expense or from any claim for
damages by third parties by reason of the size of said alley easement,
NOW, THEREFORE, the Village Council of the Village of Brooklyn Center
does hereby resolve that:
1. In consideration for the grant by the City of Minneapolis of
authority to traverse the fourteen foot alleyway heretofore described,
the Village of Brooklyn Center agrees to the following:
(a) That it will save the City of Minneapolis harmless from all
claims made by owners of property abutting upon said fourteen
foot easement arising out of the installation of sanitary
sewer interceptor.
(b) In the event that maintenance or repair work is.hereafter
required on said interceptor main, the Village of Brooklyn
Center undertakes to perform all such work at its own expense
and agrees to save the City of Minneapolis harmless for any
claims made by reason of said work, or, at the option of the
City of Minneapolis, the Village of Brooklyn Center will
.reimburse the City of Minneapolis for all costs incurred in
such maintenance or repair work.
Motion carried, the following having voted in favor thereof: Arthur
Paulson, Wayne Gageby, Glen Sonnenberg, Allen Lindman and H. R. Jones.
Motion made by H. R. Jones and seconded by Allen Lindman to advertise
for bids on half ton pick -up truck, bids to close August 17, 1955 at 8 :00 P.M.
Motion carried.
Motion made by H. R. Jones and seconded by Wayne Gageby that the Village
sign a petition for the improvement of County Ditch No. 13 for deepening and
widening. Motion carried.
Motion made by Glen Sonnenberg and seconded by Wayne Gageby to withhold
payment to Oman for street grading. Motion carried.
Member Wayne Gageby introduced the following resolution and moved its
adoption:
RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE
OF $497,000 STREET IMPROVEMENT BONDS
WHEREAS, the village council has entered into contracts for the
construction of Sanitary Sewer Improvement No. 1954 -4, Sanitary
Sewer Improvement No. 1955 -1, Sanitary Sewer Improvement No. 1955-3,
Street Improvement No. 1955 -4 and Street Improvement No. 1955 -6 and
has ordered the following improvements constructed by day labor;
Street Improvement No. 1955 -2, Sanitary Sewer Improvement No. 1955 -5
and Street Improvement No. 1955 -7, all under the provisions of Chapter
398, Laws of Minnesota 1953•
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:
i
I
E
285
For the construction of Sanitary Sewer Improvement
No. 1954 -4 � ��: -� �.:..� fti��i � 9,500-00'
For the construction of Sanitary Sewer Improvement
No. 1955 -1 3501000.00
For the construction of Street Improvement No. 1955 -2 5,500.0
For the construction of Sanitary Sewer Improvement
No. 1955 -3 22,000.00
For the construction of Street Improvement No. 1955 - 12,000.00
For the construction of Sanitary Sewer Improvement
No. 1955 -5 3,000.00
For the construction of Street Improvement No.
1955 -6 52,000.00`
For the construction of Street Improvement No.
1+0,000.00
1955 -7 „
the aggregate cost thereof being determined to be
approximately $ 1+91+,000.00
2. It is hereby determined that the total cost of each of said
improvements shall be assessed upon property benefited by the improvement
except that only $10,400 of the cost of Street Improvement No. 1955 -6
shall be assessed against benefitted property, and the sum of $41,600
shall be paid by the village as its share of the cost. The Clerk -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. 1955-A 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 $497,000 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. 1955 -A Fund are insufficient for the purpose.
6. The Improvement Bonds shall be 497 in number and numbered 1 to 497,
both inclusive, in the denomination of $1000 each, shall bear date September 1,
1955, shall bear interest payable July 1, 1956, and semiannually thereafter
on January 1 and July 1 in each year. Said bonds shall mature serially on
January 1 in the years and amounts as follows;
$61,000 January 1, 1957
61,000 January 1, 1958
34,000 January 1, 1959
32,000 January 1, 1960
32,000 January 1, 1961
21,000 January 1, 1962
21,000 January 1, 1963
21,000 January 1, 1964
21,000 January 1, 1965
21,000 January 1, 1966
18,000 January 1 1967
000 January 1 1
18 9
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17,000 January 1, 1969
17,000 January 1, 1970
17,000 January 1, 1971
17,000 January 1 1972
17,000 January 1, 1973
17,000 January 1, 1974
$17,000 January 1, 1975
17,000 January 1, 1976
All bonds maturing on January 1 1967 and thereafter are subject to
redemption on January 1, 1966 and any interest payment date thereafter at
par plus accrued interest. All bonds maturing January 1, 1971 and
thereafter are subject to redemption on January 1, 1957 or any interest
payment date thereafter to January 1, 1966 on payment of a premium of
3% plus accrued interest. The full faith and credit of the Village will
be to payment of the bonds.
7. The village council shall meet at the village hall in the village
on Wednesday, the 17th day of August, 1955, 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 $000.00 and shall specify one or more interest
rates in multiples o 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.
The motion for the adoption of the foregoing resolution was duly seconded by `
member H. R. Jones, and,upon vote being taken thereon the following voted in favor
thereof: Arthur Paulson, Wayne Gageby, Allen Lindman, Glen Sonnenberg, and
H. R. Jones; and the following voted against the same: None; whereupon said
resolution was declared duly passed and adopted.
Motion made by Wayne Gageby and seconded by Glen Sonnenberg to draft
petition for thirty foot sanitary sewer easement north of 57th for 1955 -1
improvement.
Member Wayne Gageby introduced the following resolution and moved its
adoption:
RESOLUTION ACCEPTING BID AND
APPROVING CONTRACT FORM
BE IT RESOLVED by the Village Council of the Village of
Brooklyn Center, Minnesota that the bid of J. V. Gleason as to
the furnishing of all work, labor and material in connection
with Street Improvement No. 1955 -6 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 is approved, and the
Mayor and Clerk are hereby authorized and directed to execute the
same on behalf of the Village upon the filing with the Village Clerk
of a bond with an approved corporate surety in the amount of $62,826.86
conditioned for the faithful performance of said contract. $20,000.00
is to be paid by Hennepin County in accordance with agreement to be entered
into between the Village of Brooklyn Center and Hennepin County.
r
The motion for the adoption of the foregoing resolution was duly seconded by
f member Glen Sonnenberg, and upon vote being taken thereon the following voted
in favor thereof: Arthur Paulson, Wayne Gageby, Glen Sonnenberg,, -Allen Lindman
and H. R. Jones; and the following voted against the same: None; whereupon said
resolution was declared duly passed and adopted.
Motion made by Glen Sonnenberg and seconded by Allen Lindman to enter
into agreement with Hennepin County for division of costs for improvement of
57th Avenue North, State Aid Road No. 10, our project Street Improvement No. 1955 -6.
Motion carried.
The following bills were audited and ordered paid:
Liquor
#13 James R. Fischbach Salary $165.00
1326 Richard J. Jennrich if 130.62
1327 Truman Nelson It 138.00
1328 K. L. Nordquist Accounting Services 95.00
1329 Minn. Municipal Liquor Stores Assn Dues 10.00
1330 Old Peoria Co., Inc. Liquor 1,324.13
1331 Griggs Cooper & Co. it 888.05
1332 Famous Brands, Inc. " 1,124.76
1333 Ed Phillips & Sons Co. It '521
1334 McKesson & Robtins it 259.44
1335 Distillers Distributing Co. it 102.81
1336 Lynn Johnson-Co -. it 278.28
1337 Director of Internal Revenue Withholding Tax 298.12
$ 5,335.67
General
#3 Robert Cahlander Salary $1:55.00
3499 Arnold Fahlan " - I 172.80
3500 Henry E. Davis 146.80
3501 Joseph Sienko 132.80
3502 George Jenson " 70.00
3503 Gladys Schuckhart " 77.80
3504 Edwin C. Peterson " 156.70
3505 Wayne Gageby 35.00
3506 Arthur Paulson "' 50.00
3507 Ardeth J. Lee 242.50
3508 Faylis Hasti " 100.00
3509 Dick Enrooth 60.00
3510 Minder Engineering �o., Inc. Services 1,109.88
3511 The Kunz Oil Co. Supplies 47.33
3512 Ed Ryan, Sheriff Hennepin County Jail lodging 4.00
3513 J. I. Holcomb Mfg. Co. Supplies 17.50
3514 Post Publishing Co. Notices 56.40
3515 Construction Bulletin of 16.20
3516 Wilson Bros., Inc. Services 426.50
3517 W. R. Oman, Inc. it 1,053.53
3518 Rightway Landscape Co. Services, rentals 159.50
3519 Northern States Power Co. Services 94.05
3520 The Thomas Co. Supplies 8.66
3521 Standard Oil Co. of 47.60
3522 Northwestern Bell Telephone Co. Services 42.00
3523 H. A. Rogers Co. Supplies 85.95
3524 Suburban Recreation Assn "- 50.65
3525 Hewitt Robins, Inc. Repairs 1.25
3526 George M. Weller Salary 27.50
35 Landis Olson it 87.70
3528 Robert Chhlander, Jr it 87.30
3529 Woodhead Co., Inc. Truck 4
3530 Frank A. Smith, Jr. Salary 120.46
3531 Director of Internal Revenue Withholding 676.79
3532 H. R. Jones Salary 50.00
$9,795.15
Motion made by Wayne Gageby and seconded by H. R. Jones to adjourn. Motion
carried.
C �
Mayor
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Cler
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