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Home My WebLink About1963 06-24 CCM Regular Session 81 Minutes of the Proceedings ` of the Village e 4 Council of the Village of Brooklyn Center in the County of Hennepin and State of Minnesota June 24, 1963 The Village Council met in regular session and was called to order by Mayor Gordon Erickson at 7 :30 P. M. Roll Call-, Mayor Gordon Erickson, Phil Cohen, John Leary, Henry Dorff and Howard Heck were present. Motion by John Leary and seconded by Howard Heck to approve the minutes of June 17, 1963 as recorded. Motion carried. Motion by Phil Cohen and seconded by John Leary to approve the minutes of the Board of Review meeting on July 20, 1963 as recorded. Motion carried. Mayor Gordon Erickson abstained from voting since he was not present at the meeting. Member Henry Dorff introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR SANITARY SEWER IMPROVEMENT NOS. 1963 -4, 1 963 -5 r, 1963 -8 AND WATER IMPROVEMENT NOS. 1963 -6, 1963 -7, 1963 -9 1963 -10 and DMECTING ADVERTISEAZNT FOR BMS BE IT RESOLVED by the Village Council of the Village of Brooklyn Center, Minnesota as follows: 1. The plans and specifications for the following improvements prepared by the Village Engineer are hereby approved and ordered filed with the Clerk: Sanitary Sewer Improvement Nos. 1963 -4, 1963 -5, 1963 -8 Water Improvement Nos. 1963 -6, 1963 -7, 1963 -9, 1963 -10 2. The Clerk shall advertise for bids for such improvements by publi - cation at least once in the official newspaper and in the Construction Bulletin, the date of first publication not less than 10 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 July 8, 1963 at 10 :00 o'clock A. M. 4. The Village Administrator and Village Engineer shall be authorized to open and tabulate the bids. The motion for the adoption of the foregoing resolution was duly seconded by member Howard Heck, and upon vote being taken thereon the following voted in favor thereof; Gordon Erickson, Henry Dorff , John Leary, Howard Heck, and Phil Cohen and the following voted against the same: None, whereupon said resolution was declared duly passed and adopted. Member john Leary introduced the following resolution and moved Its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR SANITARY AND STORM IMPROVEMENT NO. 1963 -13 AND DUM91WQ AD R EMEN FOR BID BE IT RESOLVED BY THE Village Council of the Village of Brooklyn Center, Minnesota as follows: -1- r 83 1. The plans and specifications for the following improvement, prepared by Suburban Engineering are hereby approved and ordered filed with the Clerk. SANITARY AND STORM SEWER IMPROVEMENT NO. 1963 -13 2. The Clerk shall advertise for bids for such improvement by publication at least once in the official newspaper and in the Construction Bulletin, the date of first publication not less than 10 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 July 8, 1963 at 10 :00 o'clock A. M. 4. The Village Administrator and Village Engineer shall be authorized to open and tabulate the bids. The motion for the adoption of the foregoing resolution was duly seconded by member Phil Cohen, and upon vote being taken thereon the following voted in favor thereof: Gordon Erickson, Henry Dorff, john Leary, Howard Heck and Phil Cohen and the following voted against the same: None, whereupon said resolution was declared duly passed ssed and adopted. Member Howard Heck introduced the following resolution and moved Its adoption: RESOLUTION FOR PUBLIC HEARING ON PROPOSED SANITARY SEWER I y MENT NO 1963 -4 WHEREAS, it is proposed that there be constructed an improvement consisting of sanitary sewer on the following streets: 67th Avenue North from Lyndale Ave. to a point approximately 300 feet west of Lyndale and, Lyndale Avenue North from 67th to 69th Avenues WHEREAS, the Village Engineer has made a preliminary report advising that said proposed improvement is feasible and that it can be constructed at an estimated cost of $12,656.00. NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Brooklyn Center, Minnesota as follows: 1. The Council proposed to proceed under authority granted by Chapter 398, Laws of Minnesota, 1953, as amended. 2. A public hearing on the proposed Improvement shall be held at the Village Hall in the Village on Monday, the 8th day of July, 1963, at 8 :00 o'clock P.M., and the Clerk shall publish notice of the time and place of hearing by two weeks' publication in the official newspaper of the Village. follows: 3. The area proposed to be assessed for said improvement is as ALL LOTS AND PARCELS ABUTTING THE ABOVE NAMED STREET 4, This proposed improvement shall be designated Sanitary Sewer Improvement No. 1963 -4. 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, Henry Dorff, John Leary, Howard Heck and Phil Cohen and the following voted against the same: None; whereupon said resolution was declared duly passed and adopted. _2_ r 8 Member Phil Cohen introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED =a= SEWER IMPROVEMENT NO, 1963 -5 WHEREAS, it is proposed that there be constructed an improvement consisting of sanitary sewer on the following street: North Lilac Drive from Fremont to Dupont Avenues North WHEREAS, the Village Engineer has made a preliminary report advising that said proposed improvement is feasible and that it can be constructed at an estimated cost of $4,,48 1. 00, NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Brooklyn Center, Minnesota as follows: 1. The Council proposes to proceed under authority granted by Chapter 398, Laws of Minnesota, 1953, as amended. 2. A public hearing on the proposed improvement shall be held at the Village Hall in the Village on Monday, the 8th day of July, 1963, at 8 :00 o'clock P. M. and the clerk shall publish notice of the time and place of hearing by two weeks' publication in the official newspaper of the Village. 3. The area proposed to be assessed for said improvement is as follows: ALL LOTS AND PARCELS ABUTTING THE ABOVE NAMED STREETS 4. This proposed improvement shall be designated Sanitary Sewer Improvement No. 1963 -5. The motion for the adoption of the foregoing resolution was duly seconded by member Henry Dorff, and upon vote being taken thereon the following voted in favor thereof: Gordon Erickson, Henry Dorff, John Leary, Howard Heck and Phil Cohen and the following voted against the same: None; whereupon said resolution was declared duly passed and adopted. Member Henry Dorff introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED SANITARY SEWER IMPROVEMENT NO. 1263 -8 WHEREAS, it is proposed that there be constructed an improvement consisting of sanitary sewer service to the following property: Outlot 3, Block 2, Lynn -Lee Addition and, Outlot 4, Block 2 Bergstrom Lynside Manor 3rd Addition WHEREAS, the Village Engineer has made a preliminary report advising that said proposed improvement is feasible and that it can be constructed at an estimated cost of $357.00. NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Brooklyn Center, Minnesota, as follows: 1. The Council proposes to proceed under authority granted by Chapter 398, Laws of Minnesota, 1953, as amended. 2. A public hearing on the proposed improvement shall be held at the Village Hall in the Village on Monday, the 8th day of July, 1963, at 8 :00 o'clock P. M. , and the clerk shall publish notice of the time and place of hearing by two weeks' publication in the official newspaper of the village. -3- 3. The property proposed to be assessed for said improvement is as described above. 4. This proposed improvement shall be designated Sanitary Sewer Improvement No. 1963 -8. 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, Henry Dorff, john Leary, Howard Heck and Phil Cohen and the following voted against the same: None; whereupon said resolution was declared duly passed and adopted. Motion by Howard Heck and seconded by Phil Cohen to approve the Final Plat of a Registered Land Survey of a part of Government Lot 3, Section 10, Twp 118, R 21 owned by Mrs. Carl Gilles and authorize the Mayor and Clerk to sign the Registered Land Survey. Motion carried. Motion by john Leary and seconded by Henry Dorff to approve the following licenses: Electrical License D. B. & Wilson Electrical Company 220 Washington Ave. No. Plumbing License Hovde Plumbing & Heating Co. Inc. 2222 Edgewood Ave., St. Louis Park R. A. Wiley Well Co. Osseo, Minnesota Well Drilling License_ R.A. Wiley Well Company Inc. Osseo, Minnesota Motion carried. Motion by Howard Heck and seconded by Phil Cohen to appoint the following personnel for the summer recreation program. Shirley Sanderson Playground Leader 1.25 Mary Tarasa Playground Leader 1.85 Jack Crawford Playground Leader 1.50 Roy P. Tutt Golf Instructor 2.05 Warren Gerecke Leader, Retarded Children 2.00 Connie Tarasar Archery Instructor 2.00 William Abresch Baseball Instructor 2.05 Robert Roy Softball Supervisor 2.00 Motion carried. The bills having been audited, motion was made by Henry Dorff and seconded by John Leary to order paid the bills set forth in the schedule attached to these minutes and made a part thereof. Motion carried. The Mayor announced that the meeting was convened for the consider- ation of bids for the purchase of 51,000,000 Public Utilities Revenue Bonds as advertised for sale. The Clerk presented affidavits showing publication of notice of sale once more than ten days in advance of date 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 bond sale, and said bids were opened, examined and found to be as follows: -4- 91 TOTAL IN EE 81 COST from date of issue to maturity, les€ premium, and NET INTEREST BIDDERS ADDRESS RATE PREMIUM RATE BARCUS, KINDRED & COMPANY Chicago ) 1966/1975 -3.75% $17.00 $684,766.75 Channer, Newman Securities Co. Chicago ) 1976/1993 -3.90% 3.8829% KALMAN & COMPANY Minneapolis ) 1966/1970 -3.60% PAR $687,035.00 T. M. Dain & Company Minneapolis ) 1971/1974 -3.70% 3.8958% Allison - Williams Company Minneapolis ) 1975/1982 - 3.80% E.J. Prescott & Company Minneapolis ) 1983/1987 -3.90% Piper, Jaffray & Hopwood Minneapolis ) 1988/1993 -4.00% Juran & Moody, Inc. Saint Paul ) JOHN NUVEEN & COMPANY Chicago ) 1966/1993 -3.90% $374.50 $687,390.50 zhearson, Hammill & Company New York ) 3. 8979% Mannheimer, Egan, Inc. Saint Paul ) B.J. VAN INGEN & COMPANY New York j 1966/1980 -3.90% PAR $700, 937. SG 3ache & Company New York ) 1981/1993 -4.00% 3.9746% After due consideration of said bids, Trustee Philip Cohen introduced the following resolution and moved its adoption: A RESOLUTION AWARDING THE SALE OF $1,000,000 PUBLIC UTILITIES REVENUE BONDS, FIXING THE INTEREST RATE AND VZC=I AND PZUM BE IT RESOLVED By the Village Council of the Village of Brooklyn Center, Minnesota, as follows: 1. The bid of Barcus , Kindred & Company and Associate, Chicago, Illinois, to purchase $1,,000,000 Public Utilities Revenue Bonds as adver- tised for sale pursuant to resolution of the council adopted May 27, 1963, which was to pay $1,000,,017.00 for bonds bearing interest as follows: 1966 thru 1975 @ 3.75% 1976 thru 1993 @ 3.90% Is hereby found to be the most favorable bid received, and shall be and is hereby accepted. The clerk shall return the good faith checks of all unsuccessful bidders and retain the check of purchaser until delivery of the bonds. 2. The Village of Brooklyn Center shall issue and deliver its negotiable coupon Public Utilities Revenue Bonds in the principal amount of $1,000,000 dated July 1, 1963, said bonds to be 200 in number and numbered 1 to 200, both inclusive, in the denomination of $5,000 each, to bear interest as above set forth, payable January 1, 1964, and semiannually thereafter on January , 1 and July 1 in each year, and to mature serially on January 1 in the years and amounts as follows $25, 000 in 1966 through 1970, both inclusive; $30,000 in 1971 through 1976, both inclusive; $35,000 in 1977 through 1981, both inclusive; $40,000 in 1982 through 1985, both inclusive, .and $45,000 in 1986 through 1993, both inclusive, all bonds maturing on January 1, 1982, or thereafter being subject to redemption on January 1, 1974 and any interest payment date thereafter, in inverse numerical order, at par and accrued interest and a premium of 3% if redeemed prior to January 1, 1977, 1-1/2% if redeemed January 1, 1977, or thereafter prior to January 1, 1981 and without premium if redeemed January 1, 1981, or thereafter. -5- 93 3. Both principal and interest shall be payable at The American National Bank of Saint Paul, in St. Paul, Minnesota, and the village shall pay the reasonable charges of said bank for its services as paying agent. 4. The village clerk is directed to file a certified copy of this resolution and the resolution adopted May 27, 1963, providing for the issuance and sale of said bonds with the county auditor of Hennepin County and obtain his certificate, pursuant to Minnesota Statutes, Section 475.63. Mayor ATTEST: Village Clerk The motion for the adoption of the foregoing resolution was duly seconded by Trustee John Leary and upon vote being taken thereon, the following voted in favor thereof: Gordon Erickson, John Leary, Phil Cohen, Howard Heck and Henry Dorff and the following voted against the same: None whereupon said resolution was declared duly passed and adopted, and the mayor, being present, signed the same in approval thereof. Member Phil Cohen introduced the following resolution and moved its adoption; _RESOLUTION DENYING APPLICATION FOR SPECIAL USE PERMIT WHEREAS, Richard C. Ernst has submitted an application for rezoning from I -1 to R -1 and request a special use permit for the construction of A 3 -12 unit apartment building and one 24 unit apartment building on lots 11 through 15 of the proposed Twin Lake Oaks Addition, and WHEREAS, the Village Council has considered such application and has determined that the issuance of the above described Special Use Permit does not meet the standards for a Special Use Permit set forth in section 35 -231 of Village Ordinances in the following instance: 1. The construction of the apartment houses would be determintal to the comfort of near by occupants of single family houses. 2. The construction of the apartment houses would be injurous to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted in that zone. 3. The construction and occupancy of the apartment houses would overload the access road to the area with a detrimental affect on the property abutting the access road, and WHEREAS, the Village Council has determined that the proposed plat of Twin Lake Oaks Addition does not meet the standards for a cul -de -sac as set forth in Section 15 -105 of the Village Ordinances. NOW, THEREFORE., BE IT RESOLVED by the Village Council of the Village of Brooklyn Center that application 63036 submitted by Richard Ernst for rezoning of property and the issuance of a special use permit to construct apartment houses be denied. The motion for the adoption of the foregoing resolution is duly seconded by member John Leary and upon vote being taken thereon the following voted in favor thereof: Gordon Erickson, John Leary, Howard Heck, Phil Cohen and Henry Dorff and the following voted against the same: None; whereupon said resolution was duly passed and adopted. 95 Motion by Howard Heck and seconded by Henry Dorff to deny the petition of Thomas Hammer and Al Rydeen to vacate 56th Avenue North from Indiana Avenue North to Twin Lake. Motion carried. Mr. Cohen advised the Village Council that Min -Kota Construction Company was a regular customer of Northern Welding- Supply of which Mr. Cohen is a partner. After considering this matter the Village Council determined that there was no conflict of interest on the part of Mr. Cohen and the award of the contract for the construction of Water Trunk System Improvement #1963 -1 to Min -Kota Construction Company. Member John Leary introduced the following resolution and moved Its adoption; RESOLUTION AWARDING CONTRACT OF THE FURNISHING OF MATERIALS AND LABOR FOR THE CONSTRUCTION OF WATER TRUNK SYSTEM IMPROVEMENT NO. 1963-1 WHEREAS, bids were received at 2 :pm on May 31, 1963 and reported to the Village Council on June 3, 1963 at which time the action for the award of the contract was tabled until June 24, 1963. NOW, THEREFORE BE IT RESOLVED by the Village Council of the Village of Brooklyn Center that the bid of Min -Kota Construction Company in the amount of $332,,454.37 as to the furnishing of all work, labor and material in connection with Water Trunk System Improvement No. 1963 -1 according to the plans and specifications therefore 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. The motion for the adoption of the foregoing resolution was duly seconded by member Howard Heck and upon vote being taken thereon the following voted In favor thereof: Gordon Erickson, Henry Dorff, John Leary, Howard Heck and Phil Cohen and the following voted against the same: None whereupon said resolution was duly passed and adopted. Mayor Cle'r'k -7-