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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.