10-17-50 City Council Minutes1
1
Oc3tober 17, 1950
Pursuant to due call and notice thereof, a regular meeting
of the Village Council of the Village of Golden galley, Minne-
sota, was duly held at the Village Mall in said Village on
October 17, 1950, at 7:30 o'clock P.M.
The following members were present: Pinch, Putnam,Stasel,
and the following were absent: Reiss, Stark.
Motion by Putnam seoonded by Pinch carried to improve the
minutes of the October 3 meeting, as read.
The Village Clerk presented affidavits of publication of
the notice of sale of the $52,000 negotiable coupon general
obligation Village Improvement Bonds of the Village, for which
bids were to be received at this meeting in accordance with a
resolution adopted by the Village Council on September 19, 1950.
Said affidavits were examined, approved and ordered placed on
file.
The Village
received, which
and best bid of
Fame of Bidder
Clerk announced, that 4 sealed bids paid been
were thereupon opened and read, and the highest
each bidder was found to be as follows:
E. J. Prescott & Co.
Kalman Company
Allison -Williams
J. M. Dain & Co., and
Piper, Jaffray & Hopwood
Interest Rate
1 04
R
1.90%
Amount of Premium
$208.00
14.50
111.00
82.00
After consideration of the foregoing bids, Member Putnam
introduced the following resolution and moved its adoption:
RESOLUTION AWARDING SALE OF
VILLAGE IMPROVEMENT BONDS
OF 1950
BE IT RESOLVED By the Village Council of the Village of
Golden Valley, Hennepin County, Minnesota, that the bid of
J. M. Dain Company of , to purchase
$520000 Village Improvement Bonds of 195 of the Village to be
dated October 1, 1950, at a priceof and
bearing interest at the rate of 1.90 per cent per annum,
principal and interest to be payable at the main office of
Northwestern rational Bank in Minneapolis, Minnesota and to
be issued in accordance with the notice of bond sale heretofore
duly published, is hereby found and declared to be the highest"
and best bid received pursuant to advertised notice of sale of
said bonds, and is hereby accepted. The Village Clerk is
directed to retain the good faith check of said successful
bidder and to return all other good faith checks forthwith
Mayor
Attest°:'.
Clerk
4o
The motion for the adoption of the foregoing resolution
was. duly seconded.by Member Pinch, and upon vote being taken
thereon, the following voted in favor thereof: Pinch, Putnam,
Stasel, and the following voted against the same: None,
whereupon said resolution was declared duly passed and adopted,
and signed by the Mayor, which was attested by the Clerk.
Member Putnam then introduced the following resolution
and moved its adoption:
RESOLUTION CREATING FUND OF
1950 STREET IMPROVEMENT NO. 13
PROVIDING FOR AND APPROPRIATING SPE-
CIAL ASSESSMENTS AND GENERAL TAXES
FOR THE SUPPORT AND MAINTENANCE THEREOF,
AND DIRECTING ISSUANCE OF IMPROVEMENT BONDS
BE IT RESOLVED By the Village Council of the Village of
Golden Valley, Minnesota, as follows:
1. This Council has investigated the facts necessary to
ascertain and does hereby find, determine and declare that the
Village of Golde Valley and Glenn Johnson Contracting Company,
of Minneapolis, irnlesota, have made and executed a contract,
and a bond as required by law has been furnished for the con-
struction of a portion of 1950 Street Improvement No. 13 of
the Village, said portion including widening, grading, gravel-
ling, blacktopping and bituminous surfacing of streets and
curbs and gutters, for all streets where such work was ordered
to be done, exoept for portions of such work done by the Vil-
lage; that the Village of Golden Valley and the Armel Construo-
tion Co., of Minneapolis, Minnesota, have made and executed a
contract, and a bond as required by law has been furnished,
for the construction of the remaining portion of 1950 Street
Improvement No. 13, being the construction of concrete curbs,
gutters and sidewalks on the streets and portions of streets
in which said improvement has been, ordered to be constructed;
that the total cost of 1950 Street, Improvement No. 13 will be
approximately equal to and not less than $52,000, including
all items of cost from the inception to the completion of the
improvement and all fees and expenses incurred in connection
therewith, as follows:
Contracts
040,740.03
Publication:
Robbinsdale Post
170.34 --
Construction Bulletin
27.067,
Future
120.00
Legal
1, 320.00
Ep�gineering
29661.25-
Preparation of assessment roll,
eto. 550.00
Bond Printing
96.00 -
Village and contingencies
6.315.322-
$529000.00
52,000.00
that the total benefits resulting from said improvement to the
assessable lots, pieces and parcels of land affected thereby
and to the Village at large will be substantially in excess
of the total cost of said improvement; and that it is necessary
that the sum of $52,000 be borrowed by the issuance of general
obligation improvement bonds of the Village in accordance with
the provisions of Chanter 412, Minnesota Statutes 1949, as
hereinafter provided, In order to finance the cost of construct-
ing said improvement.
2. There is hereby created a special fund to be designated
as the 01950 Street Improvement No. 13 Fund", to be held and
administered by the Village Treasurer separate and apart from
all other funds of the Village. Said fund shall be continued
and maintained in the manner herein specified until all of the
improvement bonds herein authorized and interest thereon shall
shall have been fully paid. In mid fund there shall be main-
tained
aintained two separate accounts, to be designated as the"Construe-
tion A000unt" and "Sinking Fund Account", resnectively. The
proceeds of sale of the improvement bonds herein authorized,
less accrued interest received thereon, shall be credited to
the Construction Account, from which there shall be paid costs
and expenses of making said improvement, as incurred and allowed,
and the moneys in said account shall be used .for no other pur-
pose; provided, that if upon completion of said improvement
there shall remain any unexpended balance in said Construction
Account, such balance shall be transferred to the Sinking Fund
Account. There shall be credited to the Sinking Fund Account
all collections of the special assessments and general taxes
herein levied, and all accrued interest received upon delivery
of said bonds. The moneys in said account shall be held and
used only for the payment of the orinoipal of and interest on
said bonds as such payments become due. The full faith and
credit of the Village shall be and are hereby pledged to pay
said bonds and interest, and the principal and interest thereof
shall be paid out of any funds in the treasury, if the moneys
on hand in said sinking fund are at any time insufficient to
meet the payment of maturing principal and interest.
3. It is hereby determined that the sum of 'Fifty-two
Thousand and no/1009 Dollars ($52,000) of,the cost of said im-
provement shall be paid by special assessments upon all assess-
able lots, pieces and parcels of land, in accordance with the
description thereof contained in the notice of hearing on the
assessment for said improvement heretofore published, used
upon the special benefits received by each such lot, piece or
parcel, which amount will not exceed the total benefits to be
conferred by said improvement upon all of said properties.
The Village hereby covenants and agrees that it will do and per-
form, as soon as may be, all acts and things necessary for the
final and valid levy of special assessments against said
properties in an amount not less than said sum. In the event
that any such assessment be at any time held invalid with
respect to any lot, piece or parcel of land, due to any error,
defect or irregularity in any action proceeding taken or to
be taken by the Village or this Council or any of the Village's
officers or employees, either in the making of such assessment
or in the performance of any condition precedent thereto, the
Village and this Council hereby covenant and agree that they
will forthwith do all such further acts and take all such
further proceedings as may be required by law to make such
assessment a valid and binding lien upon such property. Said
assessments shall be payable int0l equaliconsecutive, annual
Installments, the first of said installments to be payable
with general taxes for the year 1950, collectible with such
taxes during the year 1951. Deferred installments shall bear
Interest at the rate of five per dent (54) per annum from the
date of the resolution levying said assessment until August 15
of the year in which the installment is payable.
4. It is hereby determined that the remainder of the
cost of said improvement, not paid by collections of said .
special assessments, shall be paid from the following general
ad valorem tax levies upon all of the taxable property in the
Village, and that said portion of the cost will not exceed the
total benefits to be conferred by said improvement upon the
Village at large. There is hereby levied upon all of the tax-
able property in the Village a direct, annual ad valorem tax,
which shall be spread upon the tax rolls for the years and in
the amounts as indicated below, and collected together with
and as a part of other general property taxes in the reeueotite
ensuing years:
Year
Amount
Year
Amount
9
8 766
TOT
$1,910
1952
10600
1956
11000
1953
19450
1957
800
1954
11300
1958
650
Said tax shall be irrepeal.able as long as any of said Improve-
ment bonds are outstanding and unpaid; provided, that the
Village reserves the right and power to reduce said levies in
the manner and to the extent provided. in Minnesota Statutes
1949, Section 475.61. Said tax shall be additional to the
tax levied for the payment of said bonds by resolution of this
Council dated September 26, 1950.
5. In anticipation of the collection of said special
assessments and taxes, and for the purpose of borrowing money
to pay the cost of making said improvement, the Village shall
forthwith issue and deliver to the purchaser thereof its
negotiable coupon general obligation Village Improvement Bonds
of 1950, to be payable primarily from said 1950 Street Improve-
ment No. 13 Fund. Said bonds shall be dated October 1, 1950,
shall be 52 in number and numbered from 1 to 52, inclusive,
each in the denomination of $1,000, shall bear interest at the
rate of per cent (1.404)
Tot
per annum, payable semiannually on April 1 and October 1 of
each year, and shell mature serially, in order of serial num-
bers, lowest numbers first, on April 1 in the ount of
$5,000 in each of the years 1952 and 1653, and P61000 in each
of the years 1954 through 1960, all without option of prior
payment. The principal of and interest on said bonds shall
be payable at the Northwestern National Bank, in Minneapolis,
Minnesota, and the Village hereby agrees to pay the reasonable
and customary charges of such paying agent for the receipt and
disbursement thereof.
6. Said improvement bonds shall be in substantially the
following form:
UNITED STATES OF AVERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
VILLAGE OF GOLDEN VALLEY
VILLAGE IMPROVWTNT BOND OF 1050
No. - .419000
KNOW ALL MEN' BY THESE PRBSENTS that the Village of Golden
Valley, Hennepin County, Minnesota, acknowledges itself to be
indebted and for value received promises to pay to bearer the
'SUM of ONE THOUSAND DOLLARS on the first dap of April, 19 ,
without option of prior payment, and to pay interest thereon
from the date hereof until said principal sum be paid, at the
rate of , per cent
(_„+, %) per annum, payable semiannually on t est dey of .
April and the let day of October of each year, interest to
maturity being represented by and payable in accordance with
and upon, presentation and surrender of the interest coupons
hereto attached. Both principal and interest are payable at
Northwestern National Bank, in Minneapblis, Minnesota,.in any
coin or currency of the United States of America which on the
respective dates of payment is legal tender for public and
private debts. For the prompt and full payment of such prinot-
pal and interest as the same become due the full faith, credit
and taxing powers of the Village are hereby irrevocably pledged.
This bond is one of an issue in the aggregate principal
amount of $52,000, all of like date and tenor except as to
maturity (and interest rate), all issued by said Village for
the purpose of defraying expenses incurred and to be incurred
in constructing an improvement in said Village heretofore
designated as 1950 Street Improvement No. 13, and is issued
pursuant to and in full conformity with the Constitution and
laws of the State of Minnesota thereunto enabling, including
Chapter 412, Minnesota, Statutes 1949. This bond is payable
primarily from the 1950 Street Improvement No. 13 Fund, but
.the Council is required to pay the principal and interest thereof
out of any funds in the treasury in the event that the moneys
on hand in said fund are at any time Insufficient to meet the
payment of maturing principal and interest.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED
that all acts, conditions, and things required by the Consti-
tution and laws of the State of Minnesota to be done, to exist,
to happen, and to be performed preliminary to and in the
Issuance of this bond in order to make it a valid and binding
general obligation of said Village according to its terms have
been done, do exist, have happened and have been performed as
so required; that the Village has duly contracted for the mak-
ing of said improvement and will cause the same to be completed
with the funds made available by this issue; that said 1950
Street Improvement No. 13 Fund has been duly created and pro-
vision made for the support thereof by general taxes heretofore
levied and special assessments to be levied for the years and
in aggregate amounts at least five per cent in excess of sums
sufficient to pay the interest hereon and the principal hereof
as they respectively become due, and additional taxes,.if
needed, may be levied upon all taxable property in the Village
without limitation as to rate or amount, and that the issuance
of this bond did not cause the indebtedness of said Village
to exceed any constitutional or statutory limitation.
IN WITNESS WHEREOF the Village of Golden Valley, Hennepin -
County, Minnesota, by its Village Council, has caused this bond
to be executed in its behalf by the signature of the Mayor, at-
tested by the Village Clerk, and sealed with its official seal,
and the interest coupons hereto attached to be executed and
authenticated by the facsimile signatures of said officers, and
has caused this bond to be dated as of October 1, 1950.
Attest:
Village Clerk
(SEAL)
No*.
w
(Form of Coupon)
mayor
On the lst day of April (October), 19 , the Village of
Golden Valley, Hennepin County, Minnesota, will pay to bearer
at Northwestern National Bank, in Minneapolis, Minnesota, the
sum of DOLIARS for interest then due
on its Village improvement Bon of 1950, dated October 1, 19500
No. .
(Facsimile signature)
Village Clerk
(Facsimile signature)
Mayor
1
1
1
8. Said bonds shall be prepared under the 'direction of
the Village Clerk and shall be executed on behalf of the Village
by the signature of the Magor, attested by the Village Clerk,
and the corporate seal shall be affixed thereto, and the interest
coupons shall be executed and authenticated by the printed, en-
graved, or lithographed facsimile signatures of said Mayor and
Village Clerk. Then said bonds have been so executed and authen-
ticated,':the shall:bs.,del i:vered.,byrtht!- Treasuket to the lour -
chaser thereof, upon payment by said purchaser of the price here-
tofore agreed upon, and said purchaser shall not be obliged to
see to the application of said purchase price.
8. The Village Clerk is hereby authorized and directed to
file a certified copy of this resolution with the County Auditor
of''Hennepin County, together with such other information as he
shall require, and to obtain from said County Auditor a certi-
ficate that said bonds have been entered on his bond register
and that the tax required by law for the payment of said bonds
has been levied.
10. The officers of the Village and the County Auditor of
Hennepin County are hereby authorized and directed to prepare
and furnish to the purchaser of said bonds and to the attorneys
approving the legality of the issuance thereof certified copies
of all proceedings and records relating to said bonds and to
the financial affairs of the Village, and such other affidavits,
certificates, and information as may be required to show the
facts relating to the legality and marketability of said bonds
as the same appear from the books and records under their cus-
tody and control or as otherwise known to them, and all such
certified copies, certificates, and affidavits, including any
heretofore furnished, shall be deemed representations of the
Village as to the facts recited therein.
Attest.
Clerk
mayor
The motion for the adoption of the foregoing resolution
was duly seconded by Member Pinch, and upon vote being taken
thereon, the following voted in favor thereof: Pinch, Putnam,
Stasel, and the following voted against the same: None, where-
upon said resolution was declared duly passed and adopted, and
signed by the Mayor, which was attested by the Clerk.
Motion by Putnam, beoonded by Pinch, carried authorizing
the Administrative Assistant to submit a bid to the Soil Con-'
servation Service for rental of approximately 350 sq. ft. of
space on the second floor of the Village Mall at 050.00 per
month rental charge, with heat and lights to be provided and
without option to renew by the Lessee beyond the date indicated
in the bid.
Letter of October 13, 1950, from Hr. S.C.Adkins-on of
Home Counsellors, Inc., was read requesting the rezoning of
Lot 5, Block 2, Hippie Addition, from open develobment dis-
trio to'community store district and the approval of building
plans for the erection of a realty office building approximate-
ly 400 x 50' in size, and that such building be erected with
the same setback from the Belt Line service road as the Vil-
lage Fire Station. Mr. Adkinson appeared and explained the
circumstances of his request. Letter dated October 17, 1950,
from the Planning Commission was read informing the Council
that the Planning Commission had denied Nr. Adkinson's request
at its meeting held on October 12, 1950. It was pointed out
by the Village attorney that the property in question could
not be rezoned without going through the hearings procedure
as required by the ordinances. Yr. L. J. Riegert, secretary
of the Planning Commission, stated that the Planning Commission
denied the request because of the desire of home Counsellors
to build in line with the fire station rather than the 300 ft.
setback required for all buildings other than residential
along the Belt Line and that any deviation from this polidy
might establish a precedent for other properties along the
Belt Line. Motion by Putnam seconded by Pinch carried to
accept the recommendation of the Planning Commission in re-
fusing the request of the Home Counsellors.
Study was made of the sketch prepared by Nr. Louis Riegert
for remodeling the front of the Village Mall. In general, the
plan met with the approval of the members of the Council.
Motion by Putnam seconded by Pinch carried authorizing the
administrative assistant to contact Humphrey and Hardenberg,
architects, for the preparation of working drawings for the
Village Hall in accordance with the sketch, lowering of the
ceiling on the second floor, and installation of toilet facili-
ties, with preparation of such plans to be made in sufficient
detail to obtain estimated costs of the improvement and the
cost of such working drawings not to exceed $250.00.
Trustee Putnam introduced the following resolution and
the motion for its adoption was seconded by Trustee pinch:
AREAS the Village of Golden Valley no longer has use
for municipal purposes for the following described property:
All that part of the Northwest Quarter (Imi) of
Section Thirty (30) Township Twenty-nine (29)
Range Twenty-four (24) bounded on the North by a
line parallel with and Eight Hundred Seventy-four (874)
feet So th of the North line of said Northwest Quar-
ter (NN) and on the South by a line parallel with
and Nine Hundred Sixty-four (964) feet South of the
North line of said Northwest Quarter (NNJ), and ly-
ing East of a line drawn parallel with and Twenty-
five (25) feet East of aline described as follows,
to -wit:
Commencing at a point 'Fight Hundred Seventy-four
(874.0) feet South of the North line of said North-
west Quarter (*W+) and Four Hundred Fifty-two and
twenty -sir hundredths (458.86) feet West of the
East line of said Northwest Quarter (WW+), thence
Southerly in a straight line to a point Dine Hundred
Sixty-four (964) feet South of the North line of
said Northwest Quarter (NWS and Four Hundred Seven-
teen and fire -tenths (417.5 feet Pest of the 'fast
line of said Northwest Quarter (NWJ) and there ter-
minating, all in Hennepin County, State of Minnesota.
and in order to establish a proper setback line for construc-
tion on Ottawa Avenue in the village.
Now therefore be it resolved by the Village Council of the
Village of Golden Valley that the above described tract of land
shall- be conveyed to W4111em &Q -3-c e 1a..ag _ -and ;_eea _ &I -len
--sesaaresas--.t+s s -.ere -vr-er .�. - ..�..::...
fie, husband and wife, and to Lawrence D. Elfelt andDelphine
X. Elfelt, husband and wife, and the proper officers of the
Village are hereby instructed to execute a quit claim deed to
the said WIlliam Lekie fudge sad jeanne Allen Pudge, husband
and wife, and a quit claim deed to the said Lawrence D. Elfelt
and Delphine M. Elfelt, husband and wife, to convey said pre-
mises to said parties.
And be it further resolved that the Village Council of
the Village of Golden 'Valley hereby accepts a quit claim deed
from , husband and
wife, and a quit claim, deed from Lawrence D. lfelt and Del-
phine M. Elfelt, husband and,wife to the following described
premises:
All that part of the Northwest Quarter (NWJ) of
Section Thirty (30) Township Twenty-nine (29) Range
Twenty-four (24) bounded on the Forth by a line
parallel with and Eight hundred Seventy-four (874)
feet So.th of the North line of said Northwest Quar-
ter (N ) and on the South by a line parallel with
and mine Hundred Sixty-four (964) feet South of the
North line of said Northwest Quarter (NSP*), and ly-
ing Nest of a line drawn parallel with and Twenty-
five (25) feet East of a line described as follows,
to -wit:
Commenjing at a point Eight Hundred Seventy -Four
(874.0) feet South of the North line of said North-
west Quarter (1W) and Four Hundred Fifty-two and
twenty-six hundredths (452.26) feet 'Nest of the 'East
line of said Northwest Quarter (NRJ), thence Souther-
ly in a straight line to a point Eine hundred Sixty-
four (964) feet Pouth of the North line of said Worth -
west -Quarter (NN ) and ,Four Hundred Seventeen and
Motion by Pinch seconded by Putnam carried to appoint the
following persons as election officials for the -geneval
election to be
held November 7, 1950:
District No. 1: Mrs.
Elizab6th Glorvick
Mrs.
Katherine Rice
Mrs.
Opal Ilstad
Mrs.
Helen Hies
Mrs.
Cort Rretschmar
District leo. 2: Mrs.
Morris Amren
Mrs.
Gladys DeJarlais
Mrs.
George Germain
Mrs.
C. R. Hartupee
Mrs.
Margie R. Sax
District No. 3: Mrs.
William Farley
Mrs.
Maxine Gullingerud
Mrs.
Loren Rafterson
Mrs.
Suzanne Lahtinen
Mrs.
Lee Schreiner
Motion by
Putnam seconded by Pinch carried to approve
the following bills in the total amount of $3537.98:
3375
3376
'Katie Christensen
Everett Frandsen
150.00^
112.30-\
3377
Charles V. Lindrud
117.30-
17.303378
3378
Al McGinnis
124.401\
3379
Glenn M. Rye
100.30"'
3380
Vm. L. Bill odeau
59.63,\
3381
Earl Daniels
77.28°^
3382
Arno Denzin
120.50 v,
3383
Patrick J. Loaney
122.70,'
3384
Donald Mullaney
94.78
3385
Mary Raymond
63.54^
3386
Louis Terzich
167.30"^
3387
J. A. Curtis
32.6511
3388
Shell Oil Co.
13.81`
3389
Mrs. Mary Ayer
141.00",-
0"`3390
3390
Richards Oil Co.
106.00'^
3391
Lawrence Etzel
63.00-"
3392
Lees Elwell
66.60V\
3393
Lawrence Etzel
142.50o-
42.50o-
3394
3394
Crowley Fence Co.
265.00 N
3395
W. A. Moes
1152.07"`
3396
Post Publishing Co.
9.004
3397
City of Minneapolis
187.32"'
3398
P. B. Olson
49.00
3537. 99
Orders No.
3345/3374 and 3375/3386 above were issued for
payment.