HomeMy WebLinkAbout1964 03-30 CCM Special Session r
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Min utes of the Proceedings of the Village
Council of the Village of Brooklyn Center
in the County of Hennepin and State of
Minnesota
March 30, 1964
The Village Council met in Special Session and was called to order
by Mayor Gordon Erickson at 7;30 P. M.
Roll Call: Mayor Gordon Erickson, Phil Cohen, Henry Dorff, Howard
Heck and Jahn Leary were present.
The invocation for the Council meeting was given by Rev. Breithoitz.
Motion by John Leary and seconded by Howard Heck to approve the
minutes of the Council meeting of March 23, 1964 as recorded. Mott;.
carried unanimously,
The Village Council reviewed the preliminary layout of proposed
improvements to Highway 100 from Shingle Creek to Humboldt Avenue.
RESOLUTION
At a special meeting of the Village Council of the Village of Brooklyn
Center duly held on the 30th day of March, 1964, the following Resolution
was offered by member Howard Heck; seconded by member Henry Dorff; to -wit:
WHEREAS, the Village of Brooklyn Center has approved the plans and
specifications for the improvement of that part of Trunk Highway Number
393 renumbered as Trunk Highway Number 94 within the corporate limits of the
Village of Brooklyn Center from 59th Avenue North on the south to Bryant Avenue
North on the west; and
WHEREAS, in order to obtain Federal Aid in the construction of said
Trunk Highway Number 393 renumbered as Trunk Highway Number 94 the
Bureau of Public Roads requires the assurance that the Village of Brooklyn
Center will not suffer any encroachment of any nature or kind whatsoever
on the right of way of said Trunk Highway Number 393 renumbered as Trunk
Highway Number 94 within the corporate limits of the said Village of Brooklyn
Center.
NOW,, THEN, BE IT RESOLVED that said Village of Brooklyn Center does
hereby agree and covenant that it will never permit or suffer, within its corporate
limits, any encroachment of any kind whatsoever, including curb gas pumps
and gas stations, billboards other structures of any kind whatsoever,, upon
the right of way of Trunk Highway Number 393 renumbered as Trunk Highway
Number 94 and to the above end said Village of Brooklyn Center hereby agrees
that it will never issue any license, permit, or grant or give any leave or liberty
or any other consent of whatever form for the construction or maintenance of
any encroachment whatsoever, including curb gas pumps and gas stations,
billboards or other structures of any kind whatsoever, upon said right of way;
and that said Village of Brooklyn Center will cooperate insofar as possible to
eliminate existing encroachments constituting traffic hazards and will further
take any necessary action to eliminate any encroachment that may hereafter
exist on said trunk highway right of way.
Upon the call of the roll the following members voted in favor of the
Resolution Mayor Erickson, Henry Dorff, John Leary, Howard Heck and Phil
Cohen.
The following members voted against its adoption: None; whereupon
the Mayor and presiding officer declared the Resolution adopted.
Dated March 30, 1964, _Gordon Erickson
._.._..
Mayor
Attest Henry Dorff
Village Clerk
- l - Brooklyn Center
181
RESOLUTION
At a special meeting of the Village Council of the Village of Brooklyn
Center duly held on the 30th day of March, 1964, the following Resolution
was offered by member Henry Dorff; seconded by member John Leary; to -wit:
WHEREAS, the Commissioner of Highways has prepared plans, special
provisions and specifications for the improvement of a part of Trunk Highway
Number 393 renumbered as Trunk Highway Number 94 within the corporate limits
of the Village of Brooklyn Center from 59th Avenue North on the south to Bryant
Ave. North on the west; and
WHEREAS, said plans are on file in the office of the Department of
Highways, Saint Paul, Minnesota, being marked, labeled, and identified as
S.P. 2781 -31 (T. H. 94 =393), S.P. 2748 -11 (T. H. 169 -110); and
WHEREAS, said special provisions are on file in the office of the
Department of Highways, Saint Paul, Minnesota, being marked, labeled, and
identified as S.P. 2781 -31 ('T. H. 94=393) S.P. 2748 -11(T. H. 169 =110) Minn.
Pro3. I-IG 094 -3 (88) 218 which together with the Minnesota Department of
Highways Specifications for Highway Construction, dated May 1, 1959, on file
in the office of the Commissioner of Highways, constitute the specifications for
said improvement of Trunk Highway Number 393 renumbered as Trunk Highway
Number 94; and
WHEREAS, copies of said plans and special provisions as so marked,
labeled and identified are also on file in the office of the Village Clerk; and
WHEREAS, the term "said plans and special provisions" as hereinafter
used in the body of this resolution shall be deemed and intended to mean,
refer to, and incorporate the plans and special provisions in the foregoing
recitals particularly identified and described.
NOW, THEN, BE IT RESOLVED that said plans and special provisions
for the improvement of Trunk Highway Number 393 renumbered as Trunk Highway
Number 94 within the limits of the Village of Brooklyn Center be and hereby
are approved.
BE IT FURTHER RESOLVED, that the elevations and grades as shown in
said plans and special provisions be and they are hereby approved and consent
is hereby given to any and all changes in grade occasioned by the construction
of said Trunk Highway Number 393 renumbered as Trunk Highway Number 94
in accordance with said plans and special provisions.
Upon the call of the roll the following members voted in favor of the
Resolution Gordon Erickson, Henry Dorff, john Leary,, Howard Heck and
Phil Cohen,
The following members voted against its adoption: None; whereupon
the Mayor and presiding officer declared the Resolution adopted.
Dated March 30, 1964.
Gordon Erickson
Mayor
Attest Henry Dorff
Village Clerk
Brooklyn Center
Motion by john Leary and seconded by Flail Cohen to instruct the
administrator to submit the request of the V11149a Council, that the Minnesota
Highway Department provide a right hand turn lane at the intersection of
Lyndale Avenue and 66th Avenue for north bound traffic. Motion carried
unanimously.
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RESOLUTION
At a special meeting of the Village Council of the Village of Brooklyn
Center duly held on the 30 th day of March, 1964, the following Resolution
was offered by member Phil Cohen; seconded by member Howard Heck; to -wit:
WHEREAS, the Commissioner of Highways has prepared plans, special
provisions and specifications for the Improvement of a part of Trunk Highway
Number 393 renumbered as Trunk Highway Number 94 within the corporate
limits of the Village of Brooklyn Center from the West Corporate Limits to
Bryant Avenue North; and
WHEREAS, said plans are on file in the office of the Department of
Highways, Saint Paul, Minnesota, being marked, labeled, and identified
as 2786 -14 (T. H. 94 - - -393); and
WHEREAS said special provisions are on file in the office of the
Department of Highways, Saint Paul, Minnesota, being marked, labeled, and
identified as 2748 -11 (T. H, 169 =110) S. P. 2781 -31 (T. H. 94 =393), 2786 -14
(T. H. 94- 393), Minn. Proj, I -IG -094 -3 (88) 218, which, together with the
Minnesota Department of Highways. Specifications for Highway Construction,
dated May 1, 1959, on file in the office of the Commissioner of Highways,
constitute the specifications for said improvement of Trunk Highway Number
393 renumbered as Trunk Highway Number 94; and
WHEREAS, copies of said plans and special provisions as so marked,
labeled and identified are also on file in the office of the Village Clerk; and
1 111HEREAS, the term "said plans and special provisions" as hereinafter
used in the body of this resolution shall be deemed and intended to mean,
refer to, and incorporate the plans and special provisions in the foregoing
recitals particularly identified and described.
NOW, THEN, BE IT RESOLVED that said plans and special provisions
for the improvement of Trunk Highway Number 393 renumbered as Trunk
Highway Number 94 within the limits of the Village of Brooklyn Center be
and hereby are approved.
BE IT FURTHER RESOLVED, that the elevations and grades as shown
in said plans and special provisions be and they are hereby approved and
consent is hereby given to any and all changes in grade occasioned by the
construction of said Trunk Highway Number 393 renumbered as Trunk Highway
Number 94 in accordance with said plans and special provisions.
Upon the call of the roll the following members voted in favor of the
Resolution Gordon .Erickson, Henry Dorff, Phil Cohen., Howard Heck and
John Leary.
The following members voted against its adoption: None; whereupon
the Mayor and presiding officer declared the Resolution adopted.
Dated March 30, 19 64.
Gordon Erickson
Mayor
Attest Henry Dorf
Village Clerk
Brooklyn Cent
RESOLUNON
At a special meeting of the Village Council of the Village of Brooklyn
Center duly held on the 30th day of March, 1964, the following Resolution was
offered by member John Leary; seconded by member Howard Heck; to -wit;
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WHEREAS, the Village of Brooklyn Center has approved the plans and
specifications for the improvement of that part of Trunk Highway Number 393
renumbered as Trunk Highway Number 94 within the corporate limits of the
Village of Brooklyn Center from West Corporate Limits to Bryant Avenue North; and
WHEREAS in order to obtain Federal Aid in the construction of said Trunk
Highway Number 393 renumbered as Trunk Highway Number 94 the Bureau of
Public Roads requires the assurance that the Village of Brooklyn Center will
not suffer any encroachment of any nature or kind whatsoever on the right of way
of said Trunk Highway Number 393 renumbered as Trunk Highway Number 94
within the corporate limits of the said Village of Brooklyn Center.
NOW, THEN, BE IT RESOLVED that said Village of Brooklyn Center
does hereby agree and covenant that it will never permit or suffer, within its
corporate limits, any encroachment of any kind whatsoever, including curb
gas pumps and gas stations, billboards other structures of any kind whatsoever,
upon the right of way of 'Trunk Highway Number 393 renumbered as Trunk
Highway Number 94 and to the above and said Village of Brooklyn Center hereby
agrees that it will never issue any license,, permit, or grant or give any leave
or liberty or any other consent of whatever form for the construction or
maintenance of any encroachment whatsoever, including curb gas pumps and gas
stations, billboards or other structures of any kind whatsoever, upon said right
of way; and that said Village of Brooklyn Center will cooperate insofar as possible
to eliminate existing encroachments constituting traffic hazards and will further
take any necessary action to eliminate any encroachment that may hereafter
exist on said trunk highway right of way.
Upon the call of the roll the following members voted in favor of the
Resolution, Gordon Erickson, Henry Dorff, John Leary Howard Heck and
Phil Cohen.
The following members voted against its adoption: None; whereupon
the Mayor and presiding officer declared the Resolution adopted.
Dated March 30, 1964. Gordon Erickson
Mayor
Attest Henry Dorff
Village Clerk
Brooklyn Center
The Village Council discussed with Interested citizens the merits of
a Sunday Closing Ordinance.
Motion by Henry Dorff and seconded by Phil Cohen to instruct Mr, Heck
to vote No on the resolution concerning Sunday Closing Ordinance which is
before the Hennepin, County League of Municipalities. Motion carried
unanimously.
Member Howard Heck introduced the following resolution and moved
Its adoption:
RESOLUTION AUTHORIZING THE REFUND OF PREPAYMENT OF
LEVY 2133, STORM SEWER 58 -A ON TRACT E,R. L. S. #124
AND REFUND ON DELINQUENT INSTALLMENTS AND PENALTIES
AND CURRENT INSTALLMENT To AUSTIN A. ESTES
WHEREAS, the above listed property was included in the negotiation
parcel in condemnation proceedings of the State for acquisition, of right of
way for Interstate F.A.I. 94, and
VTMREAS it has been subsequently determined - that the above listed
Property had been acquired by the State for right of way Highway 169 in 1952,
and
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XAi" HEREAS the Village caused Mr. Estes to pay the unpaid balance
on the Storm Sauter assessment and the delinquent and current installment on the
the tax rolls on the above listed property according to the original notice of
condemnation,
NOW, THEREFORE, BE IT RESOLVED by the Village Council of the
VIlMae of Brooklyn Center to authorize the refund of $330.19 principal paid
to the Village and the amount of $235.76 principal and interest and $37.32
penalties paid to the County Treasurer by Mr. Estes on January 17, 1963.
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: Norte whereupon
said resolution was declared duly passed and adopted.
Member Phil Cohen introduced the following resolution and moved
its adoption:
RESOLUTION CORRECTING SEWER LATERAL ASSESSMENT
60 A & B ON LOT 16, GOT='S RIVERVIEW ADDITION
WHEREAS, the above listed property was assessed for two units of
Sanitary Lateral on 58th Avenue, and
WHEREAS, it has been determined that the property cannot be
economically developed with two building sites fronting on 58th Avenue.
NOW, THEREFORE, BE IT RESOLVED by the Village Council of the
Village of Brooklyn Center to authorize the correction of Levy 2416, San Lateral
60 A &B from $833.`16 to $416.59 on the above listed property and that the
overpayment of the 1961 through 1964 installments to tho County Tma6ouvor
be refunded to the property owner, and
BE IT FURTHER RESOLVED that the County Auditor is authorized and
directed to accept the levy correction and that the Village of Brooklyn
Center shill make a refund in the amount of $182.12 to L.W. Koerner 909 -•
58th Avenue North, the property owner.
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 i
adoption;
RESOLUTION AUTHORIZING THE ISSUANCE OF EQUIPMENT
CERTIFICATES OF INDEBTEDNESS IN THE AMOUNT OF
$ 35,500,00
WHEREAS, the Village of Brooklyn. Center, Minnesota, has oonUaCted
for and is now purchasing the following described equipment:
40 Rockwell Automatic Voting Machines
WHEREAS, Section 206.12 of the INAinnesota Statutes authorizes the
Village Council to issue certificates of indebtedness within, existing debt
limits to fins the purchase of said voting machines, and
WHEREAS, the amount of said proposed issue is less than one percent
of the assessed valuation of the Village,
NOW, THEREFORE, BE IT RESOLVED by the v of tits wi4qe
of Brooklyn Center, Minnesota, as follows;
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1. The Village of Brooklyn Center shall forthwith issue its heoVtiable
coupon Certificates of Indebtedness in the principal amount of $35,500.00,,
said certificates of indebtedness to be dated April 1, 1964 to be 3 in number
and numbered 1 to 3 both inclusive, in the denomination of $12,,000 each
except that bond #3 shall be in the denomination of $11, 500. 00, all bearing
Interest at the rate of 3.65% per annum,. payable Julyl, 1965 and semi- annually
thereafter on the lst day of ,January and the lst day of July in each year,, which
certificates of indebtedness shall mature serially, in order of serial numbers,
Oft January lst in the years and amounts as follows: $12,000 in the year 1966
and 1967,, and $11,, 500 in the year 1968.
til
2. Both-principal of and interest on said certificates of indebtedness
shall be payable at.the office of the Village Clerk in the Village of Brooklyn
Center, Minnesota,
3. The certificates of indebtedness and the interest coupons to be
thereto attached shall be in substantially the following form:
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
VILLAGE OF BROOKLYN CENTER
No. $12 4 000
CERTIFICATES OF INDEBTEDNESS
KNOB? ALL MEN BY THESE P RESENTS That the Village of Brooklyn Center,
Hennepin County, Minnesota, acknowledges itself to be indebted and for value
received hereby promises to pay to bearer on the 1st day of January, 196 -4
the sum of TWELVE THOUSAND DOLLARS and to pay interest thwoon from the
date hereof until the principal amount is paid at the rate of 3.65 percent
(3.65) per a,un, interest to maturity payable July 1, 1965 and semiannually
thereafter on the 1 st. day of January and the last 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 are payable
at the office of the Village Clerk in the Village of Brooklyn Center,, Minnesota,
in any coin or currency of the United States of America which at the time of
payment is leggal tended for public and private debts, and to provide money for
the prompt and full payment of said principal and interest as the same become
due the full faith, credit and taxing powers of the village have been and are here
hereby irrevocably pledged.
This certificate of indebtedness is one of an issue in the total principal
amount of 35,500, all of like date and tenor except as to maturity and amount,
tasued by the village pursuant to the Constitution and Laws of the State of
Minnesota, including Section 2 06.12, Minnesota Statues, for the purpose of
financing the purchase of certain street construction,, maintenance, fire and
police equipment_.
I
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 certificate of indebtedness have been done, have happened,
do exist and have been performed in regular and due form, time and manner
If as required by law and that this certificate of indebtedness together with all
other indebtedness of the village outstanding on the date hereof and the date
of its actual insuaance and delivery does not exceed any constitutional
statutory limitation thereon.
IN TESTIMONY VV the Village of Brooklyn Center, Hennepin
County, Minnesota, by its Village Council has caused this certificate of
indebtedness to be signed by its Mayor and Village Clerk and sealed with
the Village seal and the interest coupons hereto attached to be executed and
authenticated by the facsimile signatures of said offices, all as of April 1, 1964"..
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Mayor
Village Clerk
(Seams)
(Form of Coupon)
No. $
On the 1st day of January (July) 196 , the Village of Brooklyn Center.,
Hennepin County,, Minnesota, will pay to bearer at the office of the Village
Clerk in the Village of Brooklyn Center, M nnesota., the sum of
DOLLARS, being the installment of interest then due on its Certificates of
Indebtedness dated April 1, 1964, No.
Mayor
Village Clerk
4. The certificates of indebtedness and the interest coupon shall be
Prepared under the direction of the village clerk and shall be execute"' on
behalf of the Village by the signature of the mayor and attested by the village
clerk and the corporate seal of said village shall be affixed to each thereof..
and the interest coupons shall be executed and authenticated by the facsimile
signatures of said officers. When said certificates of indebtedness have been
so executed- they shall be delivered by the village treasurer to the purchaser
thereof upon receipt of the purchase price heretofore agreed upon and the
purchaser shall not be obligated to see to the proper application thereof.
S. There is hereby created a separate sinking fund for said certificates
of indebtedness which shall be held by the village treasurer and used for no
other purpose than to pay principal of and interest on said certificates of
indebtedness,, provided that if any payment of principal or interest 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 said general fund shall be reimbursed for such advances out of
the proceeds of taxes levied pursuant hereto or other moneys appropriated
by the village council for such purpose. Into said sinking fund shall be
paid all proceeds of the taxes levied pursuant to this resolution and such other
moneys as may be received by the village for the purpose of or appropriated
to the payment of said certificates of indebtedness and interest.
6. There is hereby levied upon all the taxable property in the village
a direct annual ad valorem tax which Shall be spread upon the tax rolls and
collected with and as a part of other general taxes of the village, which tax
is to be for the years and in amounts as follows:
Year of Levy Levy
1964 $14,980
1965 13,5.00
1966 12,515
Each of said levies shall be irrepealable, provided that the village reserves
the right to reduce said levies in the manner and to the extent permitted by law.
7. The village clerk is hereby authorized and directed to file with the
County Auditor of Hennepin County, Minnesota, a certified copy of this
resolution together with such other in#ormation as the County Auditor may
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require, and to obtain from the County Auditor a certificate that such tax
has been levied and the certificates of indebtedness entered upon his bond,
register.
8. The County Auditor of Hennepin County and the officers of the
Village are hereby authorised and directed to prepare and furnish to the
purchaser of said certificates of indebtedness and to the attorneys approving
the same, certificated copies of all proceedings and records of the village
relating to said certificates of indebtedness and to the financial condition
and affairs of the. village, and such other certificates, affidavits and transcripts
as may be required to show the facts within their knowledge, or as shown by
the books and records in their custody and control, relating to the validity
and marketability of said certificates of indebtedness and such instrument,
Including any heretofore furnished, shall be deemed representations of the
village as to the facts therein stated.
9. The sale of these certificates of indebtedness is hereby authorized
to be made to the.Village of Brooklyn- Center fund designated "Investment
Trust Fund" at the rate of 3.65% per annum, the sale of said certificates to
be at par plus accrued interest. The re -sale of these obligations is authorized
from time to time as shall be deemed expedient for said investment trust fund,
at par plus accrued interest.
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 D rff, John Leary, Howard
Heck and Phil Cohen and the followwing voted against the same: None;
whereupon said resolution was declared duly passed and adopted.
Motion by Howard Heck and seconded by )hI1 Cohen to approve the
appointment of Edwin Coleman as Civil Defense Director at a salary of $60 per
month, to be effective March 30, 1964. Ifotion carried unanimously.
The following appointments 'to the Industri. 1 Development Commission
for terms to begin April L, 1964 were announced. Rev. James Grant appointed
by Mayor Erickson_., Frank Kampmeyer - appointed by Henry Dorff, William
Legler - appointed by 'Phil :Cohen, and Robert Lill stol - appointed by
Howard Heck.
Member Phil Cohen introduced the follows g resolution and moved
Its adoption:
RESOLUTION REGARDING MINNESOTA HIGHWAY DEPARTMENT
AGREE NT NO. 54075
BE IT RESOLVED, that the Village enter into an agreement with the
State of Minnesota, Department of Highways for the following purposes, to -wit:
to provide for payment by the State to the Village for trees clearing and grubbing
along Trunk Highway No. 152 and No. 100, to be done in connection with the
Village's sewer and water distribution facilities construction along said trunk
highways.
BE IT FURTHER RESOLVED, that the Mayor and Clerk be and they
hereby are authorized to execute. such agreement.
The motion for the adoption of the foregoing resolution was dilly seconded
by member Jon 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 John Leary and seconded by Howard Heck to adjourn. Motion
carried unanimously. The Village Council adj ed t 12:0 A. M.
Mayor
O erk