HomeMy WebLinkAbout1958 05-20 CCM Special Session Minutes of the proceeding of the Village
Council of the Village of Brooklyn Center
in the County of Hennepin and State of
Minnesota.
May 20 1 , 1958
The Village Council met in special session and was called to order by
William N. Super, Mayor, at 8:00 p.m.
Roll Call: William N. Super, Carl Carlson, Clifford Wellman, Wayne
Gageby, and Russ Jones were present.
Motion made by Wayne Gageby and seconded by Carl Carlson that the Village
Council approve the mintes of the special meeting of May 6, 1958. The minutes were
approved as recorded. Motion carried.
Member Carl Carlson introduced the following resolution and moved its
adoption:
RESOLUTION ACCEPTING BID AND
APPROVING CONTRACT FORM
WHEREAS, the Village Engineer has reported that on May 20, 1958
at 2 o'clock p.m., he opened and tabulated the bids received for
Water Main Improvement No. 1958 -12, Water Main Improvement No.
1958 -13 Sanitary Sewer Improvement No.1958 -14, and Storm
Sewer Improvement No. 1958 -15 and that said bids were as
follows:
No. 1 - Randall Bros.
_..."" 1958 -12 $ 5,444.00
1958 -13 15 :729.50
1958 -14 4,575.00
1958 -15 3,516.00
Addendum 1958 -12 2,982.50
Total: $ 32,247.00
No. 2 - Walbon Excavating Co.
1958 -12 $ 5,590.00
1958 -13 16,025.50
1958 -14 5,o61.5o
1958 -15 3,396.00
Addendum 1958 -12 1-002.50
Total :. $ 33,075.50
No. 3 - Fetrowske &Ross
1958 -12 $ 5,964.00
1958.13 17,019.50
1958 -14 4,731.75
1958 -15 3,83
Addendum 1958 -12 3,067.50
Total: $ 34,616.75
No. 4 - F. Morettint Construction Co.
1958 -12 $ 5,712.00
1958 -13 16,563.75
1958 -14 6,llo.75
1958 -15 3,757.30
Addendum 1958 -12 3,106.75
Total: $ 35050.55
No. - Nodland Construction Co., Inc.
1958 -12 $ 5,67o.00
1958 -13 16,529.00
1958 -14 6,190.00
1958 -15 4,o43.00
Addendum 1958 -12 3,032.50
Total: $ 35,464.50
1
Now T Ca, BE IT RESOLVED by the Village Council of
the Village of Brooklyn Center, as follows:
The bid of Randall Bros. as to the furnishing of
all work, labor and materials in connection with
Water Main Improvement No. 1958 -12, Water Main
Improvement No. 1958 -13, Sanitary Sewer Improve -
ment No. 1958 -14, and Storm Sewer Improvement No.
1958 -15, according to the plans and specifications
therefor now on file in the Office of 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.
The motion for the adoption of the foregoing resolution was duly seconded by membe•
Wayne Gageby, and upon vote being taken thereon the following voted in favor there:
of: William N. Super, Carl Carlson, Clifford Wellman, Wayne Gageby, and Russ Jone
and the following voted against the same: None. Whereupon said resolution was
declared duly passed and adopted.
Member Russ Jones introduced the following resolution and moved its
adoption:
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
FOR SANITARY SEWER IMPROVEMENT N0. 1958-
AND DIRECTING ADVERTISEMENT FOR BIDS
BE IT RESOLVED by the Village Council of the Village of Brooklyn
Center, Minnesota, as follows:
1. The plans and specifications for Sanitary Sewer
Improvement No, 1958 -19 prepared by A. J. Lee, Village
Engineer, are hereby approved and ordered filed with the
Clerk, upon the recommendation of the Village Engineer.
2. The Clerk shall advertise for bids for such improve -
went by publication at least once in the official newspaper
and in the Construction Bulletin, the date of first publica-
tion not less than ten days prior to the date for receipt of
bids. Said notice shall state that no bids will be considered
unless sealed and filed and accompanied by a cash deposit,
bid bond, cashier's check or certified check payable to the
Clerk in the amount of not less than five percent of the bid.
3. Bid date is set for June 10th, 2 o'clock p.m.
The motion for the adoption of the foregoing resolution was duly seconded by memo
Carl Carlson, and upon vote being taken thereon the following voted in favor they
of: William N. Super, Clifford Wellman, Wayne Gageby, Carl Carlson, and Russ JaL
and the following voted against the same: None. Whereupon said resolution was
declared duly passed and adopted.
Member Russ Jones Introduced the following resolution and moved its
adoption:
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
FOR WATER MAIN IMPROVEMENT NO. 1958 -20 AND
DIRECTING ADVERTISEMENT FOR BIDS
BE IT RESOLVED by the Village Council of the Village of Brooklyn
Center, Minnesota, as follows:
;1. The plans and specifications for Water Main Improve-
ment:No. 1958 -20 prepared by A. J. Lee, Village Engineer, are
hereby approved and ordered filed with the Clerk, upon the
recommendation of the Village Engineer.
2. The Clerk shall advertise for bids for such Improve-
ment by publication at least once in the official newspaper
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and in the Construction Bulletin, the date of first publication
not less than ten days •prior to the date for receipt of bids.
Said notice shall state that no bids will be considered unless
sealed and filed and accompanied by a cash deposit, bid bond,
cashier's check or certified check payable to the Clerk in the
amount of not less than five percent of the bid.
3. Bid date is set for June 10th, 2 o'clock p.m.
The motion for the adoption of the foregoing resolution was duly seconded by member
Carl Carlson, and upon vote being taken thereon the following voted in favor there-
of: William N. Super, Carl Carlson, Clifford Wellman, Wayne Gageby, and Russ Jones;
and the following voted against the same: None. Whereupon said resolution was
declared duly passed and adopted.
Motion made by Russ Jones and seconded by Clifford Wellman that the
Village Council approve the bingo license application of Duoos' Bros. American
Legion Post #630. Bingo game to be played at the Junior Chamber of Commerce and
Civil Defense carnival to be held May 31st to June 4th inclusive, hours are set
for 6:30 to 10:30 P.M. Motion carried.
Member Russ Jones introduced the following resolution and moved its
adoption:
RESOLUTION AUTHORIZ7M AGREEMENT BETWEEN
THE RURAL HENNEPIN COUNTY SURPLUS COMMODITY
COMMITTEE, AND VILLAGES, TOWNS, AND CITIES
WHICH ORGANIZED AND CONTRIBUTED TO SAID
COMMITTEE, RELATIVE TO AN OPERATING SURPLUS
OF SAID COMMITTEE.
BE IT RESOLVED by the Village Council of the Village of Brooklyn
Centex, Minnesota, as follows:
1. It is hereby determined to be necessary and expedient
to the public prosperity, convenience and general welfare to
enter into an agreement relative to the distribution of an
operating surplus of the Rural Hennepin County Surplus
Commodity Committee.
2. The said Agreement, a copy of which is attached here-
to and made a part hereof, is hereby approved and adopted and
the appropriate officials of this municipality are hereby
authorized and directed to execute said Agreement on behalf
of this municipality.
The motion for the adoption of the foregoing resolution was duly seconded by member
Clifford Wellman, and upon vote being taken thereon the following voted in favor
thereof William N. Super, Clifford Wellman, Carl Carlson, Wayne Gageby, and Russ
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 Clifford Wellman to adjourn.
Motion carried.
r
Cler
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AGREEMENT BETWEEN THE RURAL HENNEPIN COUNTY SURPLUS
COMMODITY COMMITTEE, AND VILLAGES, TOWNS,, AND CITIES
WHICH ORGANIZED AND CONTRIBUTED TO SAID COMMITTEE,
RELATIVE TO AN OPERATING SURPLUS OF SAID COMMITTEE.
THIS AGREEMENT, made and entered into this 20th day of May, 1958, by and
between Joseph Justad of the City of St. Louis Park, County of Hennepin, State of
Minnesota, and George R. Ceass, of the Village of Crystal, County of Hennepin, State
of Minnesota, hereinafter called the "Officers ", both acting in their capacity as
the Chairman and the Secretary- Treasurer, respectively, of the Rural. Hennepin Sur-
plus Commodity Committee; and, the undersigned Villages, Towns, and Cities of the
County of Hennepin and State of Minnesota, contributing organizers of the said
Committee, hereinafter called the "Organizers ",
WITNFSSETH AS FOLLOWS:
WHEREAS, on or about December 28, 1938 the Organizers, through action of
the Rural Hennepin County League of Towns and Municipalities, an unincorporated
organization of towns and municipalities within the County of Hennepin, State of
Minnesota, hereinafter called the "League ", organized a suburban agency called the
Rural Hennepin County Surplus Commodity Committee, hereinafter called the "Committee's
for the purpose of enabling the Organizers to participate in a federal commodity and
commodity stamp plan program pursuant to M.S.A. 261.201 through M.S.A. 261.208; and,
WHEREAS, the function of said Committee was to distribute surplus food and
commodities from various agencies of lie United States Government to the Organizers
for relief of the poor as provided by the statutes cited above; and, the Committee
was active in said distribution from on or about December 28, 1938 to on or about
March 31, 1943, but since the latter date has been inactive; and,
WHEREAS, the Officers were duly appointed to the Committee by the Organi-
zers acting through the League; and, the Officers are the only surviving members of
the Committee; and,
WHEREAS, the Organizers in some cases no longer exist as named on the book.
and records of the Committee, but have changed their official governmental identity
from a Township to a Village or from a Village to a City; but, that the undersigned
Organizers as they are herein designated are or have incorporated within themselves
the only political subdivisions which participated in the organization and the open-
ation of the Committee; and,
WHEREAS, cash in advance was not contributed by the Organizers to the
Committee when it was organized to defray administrative expenses as provided by
M.S.A. 261.202, so that as a consequence the Committee provided for its administra-
tive expenses in the following manner: the Committee created a standard "unit" of
said food and commodities for accounting purposes, and the cost to the Committee of
distributing said "unit" to the participating Organizers was then estimated by the
Committee on the basis of the estimated costs of such service; and, on the basis of
said estimated costs the participating Organizers were then charged by the Committee
from time to time for its services in an amount determined by the number of said
"units" delivered to the individual Organizers by the Committee; and,
WHEREAS, Varioxia schools and school districts in the County of Hennepin
and State of Minnesota also availed themselves of the services of the Committee, but
had no part in the organization or administration of the Committee, occupied the
status of clients of the Committee only, were charged by the Committee on the basis
of actual delivery costs only, and total transactions of each school or school
district did not exceed on the average $5.00 in charges; and,
WHERAS, in accordance with the charging system described above said charge.
were paid from time to time by the participating Organizers to the Committee, were
deposited by the Officers in a checking account in the Security National Bank of
Hopkins, Hopkins, Minnesota, and the funds were then used by the Committee to defray
administrative costs;and, the signatures of the Officers were and are required for
the withdrawal of said funds in said checking account, all as authorized by the
Committee; and,
WHEREAS, on or about March 31, 1943 when the activities of the Committee
terminated it was found by the Committee that the charges paid from time to time
by the Organizers to the Committee on the basis of the estimated cost of the opera -
tion of the Committee exceeded the actual cost of said operations in the total sur-
plus sum of $1,4$0.60, hereinafter called the "Surplus ", and since that time the
Surplus has been held in said bank pending a determination of its disposition; and..
WEMiEAS, the Surplus was created out of the operating debits and credits
of the Committee, and not from an operating fund or stamp fund as contemplated by
the statutes cited above; and,
WHEREAS, there have been no claims made upon the Surplus except for the
costs of winding up the affairs of the Committee and distributing the Surplus,
NOW, , the undersigned parties hereto in consideration of the
foregoing premises mutually certify and agree:
1. That the Surplus less costs and fees should be distributed back to
the Organizers; and, that the amount due each of the Organizers is the same propor-
tionate share of the Surplus, after costs and fees in the total amount of $265.00
have been deducted, as the total payments made by each Organizer to the Committee
bears to the total of all payments made by the Organizers to the Committee as shown
on the books and accounts of the Committee, and as is more particularly set forth
in the schedule marked "Exhibit A ", attached hereto, and made a part hereof as
though fully set forth herein.
2. That the reasonable value of the services of the Officers in winding
up the affairs of the Committee, including preparation of "Exhibit A ", is $50.00
each, and that the same should be paid from the Surplus before distribution to the
Organizers, and that the reasonable expense incurred in preparing "Ditto" copies
of this agreement for use by the parties hereto and mailing expense is $15.00 and
Haan the same should be paid from the Surplus before distribution to the Organizers.
3. That the reasonable value of the legal services of J. Frederic Nissen,
Attorney -at -Law, including conferences, research, and preparation of this Agreement
is $150.00, and that the same should be paid from the Surplus before distribution
to the Organizers.
4. That the Officers are hereby authorized arid directed by the under-
signed Organizers to make the payments provided for in paragraphs no. 2 and no. 3
of this Agreement from the Surplus, and to distribute the remaining funds in the tota
amount of $1,215.60 according to the said "Exhibit A ".
5. That for the sole consideration of the amount set forth in said
"Exhibit A" as due each of the undersigned Organizers, each Organizer hereby separ-
ately releases and forever discharges the Committee and the Officers from all fur -
ther liability to the Organizers relative to the Surplus; and, said consideration
is hereby volqutarily accepted by each individual Organizer for the purpose of mak-
ing a full and complete adjustment and settlement of any and all claims and /or
demands relative to the Surplus.
6. That only one original copy of this Agreement need be signed by the
Organizers, and that said signed original shall be placed on file in the permanent
records of the Secretary of the League for inspection by the undersigned parties
hereto, that one copy of this Agreement shall be placed in the records of the Commi-
ttee, and that one copy of this Agreement shall be placed in the records of said
Attorney.
7. That this instrument contains the entire Agreement between the parties
hereto, and that no statement, promises, or inducements made by any party hereto,
or agent hereof, which is not contained in this written Agreement shall be valid or
binding; and, that this Agreement may not be enlarged, modified, or altered except
in writing, signed by all the parties hereto) and endorsed hereon.
8. That this Agreement shall inure to the benefit of and be binding upon
the assigtees and successors of the respective parties hereto.
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IN WITNESS WHEREOF, the Officers have hereunto set their blands, and the
Organizers have caused this Agreement to be executed in their behalf respectively
by their officers thereunto duly authorized, and have caused their corporate seals
to be hereunto affixed.. a
r ix , s of the day and year first above written.
/s/ Joseph ra Justad
..r�r� I I ruw rrlrwlrrrw ..IlrrwM..rlrr
Joseph Justad
/s/ Geo . R. Ceass
Ilrw r +..r Irrrllri rr�r n rl n rrr• �rrrrrlr.Yrrl ri�Y.wrir
George R. Ceass
Villages of Brim Center
By ./s/ Wm. N. Super
I.rl
Mayor (Corporate Seal)
Attest-. /a/ H. R. Jones
Village Clerk
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"EXHIBIT A"
Balance to be distributed $ 25.60
Total Paid in 28,823.03
Amount Paid in Share of Balance
Village of Bloomington $1,647.42 $ 69.49
Village of Brooklyn Center 895.57 37.77
Village of Brooklyn Park 487.86 20.57
Village of Champlin 389.27 16.42
Township of Corcoran 279.85 11.80
Village of Crystal 1,560.34 65.80
Township of Dayton 322.22 13.60
Village of Dayton 227.98 9.61
Village of Deephaven 179.43 7.57
Township of Eden Prairie 161.40 6.81
Village of Edina 1,676.39 70.79
Village of Excelsior 725.90
Village of Golden Valley 1 1 489.38
Township of Greenwood 1.23
Village of Hanover 20.52 .87
Township of Hassan 443.01 18.69
City of Hopkins 2,328.22 98.20
Village of Independence 123.97 5.23
Village of Island Park 308.30 13.00
Village of Loretto 3 1•b2
Village of Maple Grove 292.88 12.35
Village of Maple Plain 10 3.85 4.39
Village of Medina 95.37 4.02
City of Minnetonka Beach 7.88 .33
Village of Minnetonka 3,075.35 129.70
Township of Minnetrista 563.02 23.74
Village of Morningside 65.99 2.79
Village of Mound 778.33 32.82
Village of New Hope 115.42 4.87
Village of Orono 1 1 264.40 53.32
Village of Osseo 529.78 22.34
Village of Plymouth 906.81 38.24
Village of Richfield 1,146.01 48.33
City of Robbinsdale 2,952.01 124.50
Village of Rogers 77.03 3.25
Village of St. Anthony 140.71 5.93
Village of St. Bonifacius 85.42 3.60
City of St. Louis Park 2,892.61 122.00
Village of Tonka Bay 2.44 .10
City of Wayzata 421.13 17.76
$28,823.03 $1,215:60