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HomeMy WebLinkAbout1963 01-07 CCM Special Session r Minutes of the Proceedings of the Village 149 Council of the Village of Brooklyn Center In the County of Hennepin and State of Minnesota January 7, 1963 The Village Council met in Special Session and was called to order by Mayor Gordon Erickson at 7 :35 P. M. Roll Call: Mayor Gordon Erickson, Howard Heck, Henry Dorff, and Carl Carlson were present. Member john Leary was absent. Invocation for the Council meeting was offered by Rev. Oral Morgan Of the Brooklyn Center Church of Christ. Member john Leary arrived at the meeting at this point. Motion by Carl Carlson and seconded by Howard Heck to approve the minutes of December 27, 1962. Motion carried. The bills having been audited motion was made by john Leary and seconded by Henry Dorff to order id the bills ills set forth in the schedule attached to these minutes and made a part thereof. Motion carried. Motion by Henry Dorff and seconded by Carl Carlson to adjourn. The Village Council consisting of the members holding office during the year 1962 adjourned at 7:40 P. M. Clerk Henry Dorff, Trustee Phillip Cohen and Village Assessor john Nordberg took the oath of office at this time. Mayo' Gordon Erickson, called the Council to order at 7 :46 P. M, Roll Call: Mayor Gordon Erickson, Phillip Cohen, john Leary, Henry Dorff and Howard Heck. Motion by john Leary and seconded by Henry Dorff to elect Howard Heck Mayor Pro tem for the year 1963. Motion carried. Member Howard Heck introduced the following resolution and moved Its adoption: RESOLUTION DESIGNATING THE BROOKLYN CENTER STATE BANK AS R RESOLVED: Brooklyn Center State Bank is hereby designated a depository of funds of this corporation. The persons generally authorized to act for this corporation in any of its s s bu ins s with the bank, are any persons holding .office from time to time as Mayor, Village Clerk or Treasurer. Their authority includes authority to open accounts and to sign checks and approve charges against any account of the corporation and to endorse checks or other instruments payable to the corporation. Any check or other Instrument signed or endorsed in accordance with this resolution may be paid, cashed or accepted for deposit by the bank without responsibility for any Personal or unauthorized use of the instrument or its proceeds by any such person. All checks against an account of the corporation shall be signed by all three of the above designated persons Gordon M. Erickson, Mayor. Henry A. DOW , Village Clerk; and Theodore I►, Willard, Treasurer. The authority hereby conferred shall continue until written mortice of its revocation is delivered to the bank. The Village Clerk is directed to certify to the bank the names and titles of all persons now and hereafter from time designated by this resolution. -1- 155 The motion for the adoption of the foregoing resolution was duly seconded by member John Leary and upon vote being taken thereon the following voted in favor thereof; Gordon Erickson, John Leary, Howard Heck, Henry Daorff and Phil Cohen and the following voted against the same: None; whereupon said resolution was declared duly passed and adopted. Motion by John Leary and seconded by Henry Dorff to designate the Brooklyn Center Press as the official newspaper for the Village of Brooklyn Center. Motion carried. Motion by Phil Cohen and seconded by John Leary to appoint the law firm of Lindquist, Fraser and Magnuson as Village Attorneys for the Year 1963. Motion carried. Motion by Howard Heck and seconded by John Leary to approve the final plat of the Strobel's Addition. Motion carried. Motion by John Leary and seconded by Howard Heck to uphold the action of the Planning Commission and approve application 62066 submitted by Richard Garmaker for a Special Use Permit to convert a single family dwelling into a duplex at 6451 Osseo Road on Tract "a" R. L. S. #970. Motion carried. Motion by Henry Dorff and seconded by John Leary to uphold the action of the Planning Commission and deny application 62068 submitted by Arthur Hitman; for a Special Use Permit to construct a 5 unit apartment and a 6 car garage on Lot 1, Block 1, Grimmes Addition. Motion carried. The Mayor announced that the meeting was convened for the purpose of considering bids for the purchase of $430 Improvement Bonds of 1.963 as advertised for sale. The Clerk presented affidavits showing publication of notice of sale more than ten days in advance of sale in the official newspaper and in Commercial West, a financial paper published In Minneapolis, Minnesota , which affidavits were examined and found satisfactory and ordered placed on file. The Clerk presented the sealed bids which had been delivered to him prior to the time specified in the notice of sale t and $aid bids were opened, examined and found to be as follows: TOTAL INTEREST COST from date of issue to maturity, less premium, and NET INTEREST B D , , ADDR SS RATE PRE MIU 4 RASE KALMAN & CO., INC. Minneapolis) ..1964/969- 2.80% PAR $170,950.00 Juran & Moody, Inc. St. Paul ) 1970/1973 -3.30% 3.65% E. J. Prescott & Co. Minneapolis) 1974/1979 -3.60% Allison - Williams Co. Minneapolis) 1980/1964 -3.70% Piper, Jaffray & Hopwood Minneapolis) Plus additional' interest of J. M. Dain & Company Minneapolis) 1.80% per annum from 3 /1/63 to 1/1/64 AMERICAN NAT'L BNK Saint Paul ) 1964/1969 -3.00% PAR $176,203.80 Paine, Webber, Jackson ) 1970/1974 - 3.50% 3.765% & Curtis Boston ) 1975/1979 -3.70% Merrill Lynch, Pierce ) 1980/1984 - 3.80% Fenner & Smith New 'York ) Plus additional interest of Caldwell- Phillips Co. Saint Paul ) 2.20% per annum from 5/1/63 Mannheimer -Egan, Inc. Saint Paul ) to 1/1/64 -2- 157 Bids (Cont'd) JOHN NUVE£N & CO. Chicago ) 1964/1971 -3.25% PAR $177,120.00 1972/1974 -3.50% 3.784% 1975/1970- 3.70% 1979/1904 -3.60% Plus additional interest of 2.00% per annum from 4/1/63 to 1/1/64 After due consideration of said bids, Trustee Henry Dorff introduced the following resolution and moved its adoption:: RESOLUTION AWARDING THE SALE OF $430, 000 IMPROVEMENT BONDS OF 1963, DIRECTING THEIR EXECUTION AND DELIVERY AND PR V INQ FOR THEIR PAYMENT BE IT RESOLVED By the Village Council of the Village of Brooklyn Center, Minnesota, as follows: 1. The bid of Kalman & Company & Associates, of Minneapolis, Minnesota to purchase $430,000 Improvement Bonds of 1963 of the village described in the notice of sale thereof is hereby found and determined to be the highest and best bid received pursuant to duly advertised notice of sale and shall be and is hereby accepted, said bid being to purchase bonds bearing interest as follows: 1964 thru 1969 2.80% Pius additional. Interest of 1970 thru 1973 3.30% 1.80% per annum from 3/1/6; 1974 thru 1979 3.60% to 1/1/64 1980 thru 1984 3.70% at a price of $430,000. The Village Treasurer is directed to retain the good faith check of the successful bidder pending completion of the sale and delivery of the bonds, and the Village Clerk is directed to return the checks of the unsuccessful bidders forthwith. 2. The Village shall forthwith issue its negotiable coupon Improvement Bonds in the principal amount of $430, 000, dated January 1,, 1963, being 430 In number and numbered 1 to 430, both inclusive, in the denomination of $1,000 each, bearing interest payable July 1, 1963, and semiannually there- after on January 1 and July 1 in each year, and maturing serially on January 1 In the years and amounts as follows: Ten Thousand Dollars ($10,,000) in 1964; Twenty -five Thousand Dollars ($25,,000) in 1965 to 1968, both Inclusive, and Twenty Thousand Dollars ($20,,000) in 1969 to 1984, both Inclusive, all bonds maturing after January 1, 1978, Ding subject to redemption on said date and any interest payment date thereafter, in inverse numerical order, at par and accrued interest, 3. The bonds shall be payable at The American National Bank of Saint Paul, in St. Paul, Minnesota. as designated by the purchaser and the reasonable charges of said bank for services as paying agent shall be paid by the Village Treasurer as an expense of the improvement. 4. The bonds and interest coupons to be thereto attached shall be In substantially the following form: -3- No. $ ,000 UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN VILLAGE OF BROOKLYN CENTER IMPROVEMENT BOND OF 1963 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 its Improvement Bond of 1963 Fund, the sum of THOUSAND DOLLARS on the 1st day of January, 19 , and to pay interest thereon from the date hereof until the principal amount is paid at the rate of all interest payable July 1, 1963, 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 and interest on this bond are payable at the In any coin or currency of the United States of America which on the date of payment is legal tender for public and private debts . All bonds of this issue maturing after January 1, 1978, 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 mailed notice must register their names, addresses and bond numbers for such purpose with the Village Clerk. All others will be deemed to have waived such mailed notice. This bond is one of an issue of $430, 000 principal amount, all of like date and tenor except as to maturity, interest rate and redemption privilege, all issued by the village for the purpose of providing money to defray the expense incurred or to be incurred - in making local improvements as authorized by Chapter 429, Minnesota Statutes, and by resolution of the Council, and is payable primarily from special assessments to be hereafter levied against property benefited by said improvements. 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 bond have been done, have happened, do exist and have been per- formed in regular and due form, time and manner as so required; that the full faith and credit of the village is pledged for the payment of the principal of and interest on the bonds of this issue when the moneys on hand in the appropriate fund are insufficient for the purpose and taxes will be levied upon all of said property, if needed, to take care of any deficiency, without limitation as to rate or amount, and that the issuance of this bond did not cause the indebtedness of the village to 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 executed in its behalf by the facsimile signature of the Mayor and the manual signature of the Village Clerk, and a facsimile of its corporate seal to be hereto affixed, and has caused the attached interest coupons to be executed and authenticated by the facsimile signatures of said officers, all as of January 1, 1963. (facs1Lni_le slang=) „ Mayor Village Clerk (Facsimile) ( Seal ) -4- 161 (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 its Improvement Bond of 1963 Fund, at the amount shown hereon for interest then due on its Improvement Bond of 1963 dated January 1, 1963, No. (Facsimile signature) Mayor jEacsim a signature} Village Clerk 5. The Village Clerk shall obtain a copy of the proposed approving legal opinion of Messrs. Howard, Peterson, LeFevere, Lefler and Hamilton, Minneapolis, Minnesota, which shall be complete except as to dating thereof, and shall cause said opinion to be printed on each bond, together with a certificate to be signed by the facsimile signature of the Clerk in substantially the following form: I hereby certify that the foregoing is a full, true and correct copy of the legal opinion executed by the above named attorneys, except as to the dating thereof, which opinion has been handed to me for filing in my office prior to the time of bond delivery. (Facsimile signature) Village Clerk The Clerk shall obtain a copy of the opinion at the time of bond delivery and execute a separate certificate as to such opinion upon receipt of such opinion and shall file the opinion in his office. 6. The bonds shall be prepared under the direction of the Village Clerk and shall be executed on behalf of the village by the facsimile signature of the Mayor and the manual signature of the Village Clerk and a facsimile of the corporate seal of the 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. The said bonds, when ,-n executed, shall be, by the Treasurer to the purchaser thereof upon receipt of the purchase- price and the purchaser shall not ba cabligated to see the proper application 'thereof. 7. The bonds issued hereunder shall be payable from the Improvement Bond of 1963 Fund as hereby created. There is hereby pledged to said fund all receipts from special assessments to be hereafter levied for the local Improvements, If any payment of principal or interest on said bonds 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 improvements. 8. It is hereby determined that the estimated collection of special assessments will produce at least five percent in excess of the amount needed to meet, when due, the principal and interest payments on the bonds, and no tax levies are presently required. The Clerk shall deliver a certified copy of this resolution to the County Auditor of Hennepin County and obtain his certificate as required by Section 475.63, Minnesota Statutes. 9. It is hereby determined that the improvement to be financed by the issuance of bonds hereunder will benefit the entire village and the village hereby covenants with the holders from time to time of said bonds as follows: _5_ (a) The village will cause the assessments for said improvement to be promptly levied so that the first installment will be collectible during 1963 and will take all steps necessary to assure prompt collection. (b) The village will keep complete and accurate kooks and record's showing all receipts and disbursements in connection with each Improvement, the assessments levied therefor and other funds appropriated for their payment and all collections thereof and dis- bursements therefrom, moneys on hand and balance of unpaid assessments. (c) The village will cause its said books and records to be audited at least annually by qualified public accountants and will furnish copies of such audit reports to any interested person upon request. 10. The officers of the village and the County Auditor of Hennepin County are hereby authorized and directed to prepare and furnish to the purchase* 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 said village, and such other affidavits, certi- ficates 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 custody and control or as otherwise known to them, and such certificates, certified copies and affidavits, including any here- tofore furnished, shall be deemed representations of the village as to the correctness of all statements contained thereon. The motion for the adoption of the foregoing resolution was seconded by Trustee Howard Heck and upon vote being taken thereon, the following voted in favor thereof: Cordon M. Erickson, Howard W. Heck, Phillip Cohen, John W, Leary, and Henry A. Dorff and the following voted against the same; Yone; whereupon said resolution was declared duly passed and adopted, Motion by John Leary and seconded by Howard Heck to authorize the purchase of two judges robes, a Judge chair, a file for the Court Clerk, a table for the Jury room and a cabinet for the Court Clerk at a estimated total cost of $710.00. Motion can - led, Motion by Henry Dorff and seconded by Howard Heck to confirm the appointment of Al Lindman as Deputy Treasurer by Ted Willard, Treasurer. Motion carried. Motion by John Leary and seconded by Howard Heck to approve the following licenses; Bench License U. S. Bench Corporation 3200 24th Ave. South U. S. Bench Corporation 3200 24th Ave. South U. S. Bench Corporation 3200 2 4th Ave. South U. S. Bench Corporation 3200 24th Ave. South U. S. Bench Corporation 3200 25th Ave. South U. S. Bench Corporation 3200 25th Ave. South Cigarette License Brookdale Liquor Store 1268 Brookdale Center Brooklyn Center Liquor Store #1 6445 Lyndale Ave. No. Brooklyn Center Liquor Store #2 6250 Osseo Road Brooklyn Center Pharmacy 6914 Osseo Road Brooklyn Center Village Hall 7100 Osseo Road Burlingame Standard Service Station 2119 57th Ave. No. Christy's Auto Service 5300 Dupont Ave. No. Clyde's Pure Oil 6901 Osseo Road County Club Market 5712 Morgan Ave. No. Fred's Mobile Service 6649 Osseo Road Ideal Drug Company #3 5740 Morgan Ave. No. Johnson's Standard Service 6044 Osseo Road -6- I __ - 153 License's (cont'd) Johnson Tobacco Company 1297 Brookdale Center (Sears) Kingpin Foods 3600 63rd Ave. No. Lane's D.X. Service Station 6900 Osseo Road Lane & Ernst 6912 Osseo Road Marv's 11 66" Station 5001 Drew Ave. No. Sandholm's Grocery 1500 55th Ave. No. Coin Ooeratina Dry Cleaners License Shopper's City 3600 63rd Ave. No. _Garbage and Rubbish Haulin License Dallas R. Shobe 4611 Lyndale Ave. No. Tri- County Sanitation 355 Mississippi St. N. E. Elvin Garbage Service 5902 Mendelssohn Road Boyer Garbage Service Hamel, Wmesota Edward Hubbard 5045 Humboldt Ave. No. Gasoline 8.ervice Station License,., Howe's Inc. 4821 Xerxes Ave. No. Standard Solvents Co. 4906 France Ave. No. Clyde's Pure Oil Station 6901 Osseo Road Burlingame Standard Service 2119 57th Ave. No. Shopper's City 3600 63rd Ave. No. Christy's Auto Service 5300 Dupont Ave. No. Bud's Texaco Station 4861 Osseo Road Ernie's Direct Service 6501 Lyndale North Sears Roebuck & Company 1297 Brookdale Ctr. Brooklyn Center Shell Oil 6245 Osseo Road Lane's D.X. Station 6900 Osseo Road Fred's Mobile Service 6849 Osseo Road Marv's 11 66" Service 5001 Drew Ave. No. on Intoxicatim- Malthlauors Sandholm Grocery 1500 55th Ave. No. Brooklyn Center Pharmacy 6914 Osseo Road County Club Market, Inc. 5712 Morgan North Lane & Ernst 6912 Osseo Road Kingpin Foods, Inc. 3600 63rd Ave. No. Taxicab License Viking Cab Company 903 40th Ave. N. E Zippy Cab Company 5342 Oregon Ave. No. Motion by John Leary and seconded by Henry Dorff to appoint Roman Korsun J r. as Police 1 J C l er k at a sale of 424 month be inin anu 6 ='Y $ Pte' g g J �Y � . 1963. Motion carried. Motion by John Leary and seconded by Howard Heck to adjourn. The Village Council adjourned at 11:20 P. M. I F' 1 May r Cl k -7_ i � The bills audited and ordered paid for the year ending December 31, 1962 INVESTMENT TRUST FUND 277 Vill of B.C. P.E.R. A. Agency Oct. tax settlement 10,322.16 278 Vill of B.C. General Fund Oct. tax balance 28,673.27 279 Vill of B.C. Park General Oct. tax settlement 20,991.52 280 Vill of B.C. Poor Fund Oct. tax settlement 8,739.13 281 Vill of B.C. Fire Dept. Relief Oct. tax settlement 469.56 282 Vill of B.C. Park Bond Redempt. Oct. tax settlement 14 283 Vill of B.C. Certificate of Indebtedness Fund Oct. tax settlement 6,426.82 284 Vill of B.C. Special Fund Oct. tax balance 11.b 285 Vill of B.C. Public Utilities Oct. tax settlement 381.50 GENERAL FUND 6322"1 of B.C. Payroll Fund Payroll reimbursement 18,961.87 PARK FUND 958 First Natl. Bank as executor of the estate of K.C. Sandum Purchase of property 450.00 PUBLIC UTI LITIES 1652 Charles Perkins Meter deposit refund 25.12 1647 Void past check Void (13:90) 1653 Village of Golden Valley Mpls Sewer rate study 800.00 1654 Vill of B.C. Investment Trust Trsf of monies to 1960AB 11.085-43 11"896.65