HomeMy WebLinkAbout1981 04-06 CCP Regular Session CITY COUNCIL AGENDA
• CITY OF BROOKLYN CENTER
APRIL 6, 1981
7:00 p.m.
1. Call to Order
2. Roll Call
3. Invocation ✓��Y
4. Approval of Minutes - March 23, 1981
5. Open Forum
6. Resolutions:
a. Granting Final Approval to an Industrial Development Revenue Bond � �
Proposal from Federal Lumber
b. Receiving City Engineer's Report and Calling for a Public Hearing
on 63rd Avenue North Improvement Projects. Street Improvement 7 K (�
Project No. 1981 -1O and Water Main Improvement Project No. 1981 -11.
C. Authorizing Emergency Repairs for Sanitary Sewer Lift Station No.
d. Authorizing Execution of an Agreement for Professional Services
with Lindberg - Pierce, Inc.
• -This resolution comprehends architectural and engineering services
f-,� IT�IDDV Hollot . ?'lt L c�i ? . ana t reewciy s . r: n.
shelter buildings in addition to providing construction documents
for the picnic shelter at Northport Park.
7. Public Hearing on Charter Amendment (8:00 P.m.)
-The proposed amendment would amend section 12.05 of the City Charter
dealing with sales of real property. A public nearing on Charter
amendments is required by State statute. The public hearing also
serves as the first reading of the ordinance amending the Charter.
8. Discussion Items:
a. Industrial Development Revenue Bond Policy Amendment
Public offering of IRBs.
If the industrial development revenue bond policy is amended to
allow the public offering of IRBs, it is recommended that the
Council also approve Brookdale Corporate Center's specific request
• for a public offering of IRBs for their project.
b. Request from the Meadow Corporation for an Extension of Time to
Accomplish Payment for Public improvements Relating to the Ponds
Plats 3, 4, 5, and 6
CITY COUNCIL AGENDA -2- April 6, 1981
• C. Opportunity for Submittal of Federal Aid Urban Project Applications
for 1982 -84 Projects
d. Metro Transit Commission Request for Letter of Support for Development
of a Permanent Park -Ride Facility in the Target Area of Brooklyn
Boulevard and T.H. 100
e.- Amendment to Municipal State Aid Street System Designations
f. Review of Howe Fertilizer Case
g. Approval to 1982 Budget
-The staff will be prepared to discuss various alternatives for
the 1982 City Budget.
h. Fire Relief Association Financial Report
9. Licenses
10. Adjournment
i
i
Member introduced the following resolution and
moved its adoption:
i RESOLUTION NO.
RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF INDUSTRIAL
REVENUE BONDS TO CHAPTER 474, MINNESOTA STATUTES,
TO PROVIDE FUNDS TO BE LOANED TO FEDERAL LUMBER COMPANY FOR
INDUSTRIAL DEVELOPMENT PROJECT AND APPROVING LOAN AGREEMENT,
TRUST INDENTURE, STANDBY LETTER OF CREDIT AND REIMBURSEMENT
AGREEMENT, IRREVOCABLE LETTER OF CREDIT, COMBINATION MORTGAGE,
SECURITY AGREEMENT AND FIXTURE FINANCING STATEMENT AND
PRIVATE OFFERING MEMORANDUM
BE IT RESOLVED by the City Council of the City of Brooklyn Center,
Minnesota (the "City "), as follows:
1. Authority. The City is, by the Constitution and Laws of the
State of Minnesota, including Chapter 474, Minnesota Statutes, as amended (the
"Act "), authorized to issue and sell its revenue bonds for the purpose of
financing the cost of authorized projects and to enter into contracts necessary
or convenient in the exercise of the powers granted by the Act.
2. Authorization of Project; Documents Presented. This Council
proposes that the City shall issue and sell its City of Brooklyn Center Industrial
Development Revenue Bonds (Federal Lumber Company Project), Series 1981, in
substantially the form set forth in the hereinafter mentioned Trust Indenture
• (the "Bonds ") pursuant to the Act and loan the proceeds thereof to Federal
Lumber Company, a Minnesota corporation (the "Company "), to finance the costs
f th^ aC - tn._n, canst; ••; -, ;: ,'l e(:iiiDT�ing of aT of t_CE? n WaYeilCi se
building and other shed -type storage facilities in the City, together with any
site improvements required in relation thereto, to be owned by the Company
pursuant to the Act. Forms of the following documents relating to the Bond
and the Project have been submitted to the City Council and are now on file in
the office of the City Clerk:
(a) Loan Agreement (the "Loan Agreement ") dated as of April, 1981,
weep i an the Company whereby the City bet the City d p y y Y to make a g
loan to the Company and the Company agrees to complete the:Project
and to pay amounts sufficient to provide for the full and prompt
payment of the principal of, premium, if any, and interest on the
Bonds;
(b) Trust Indenture, (the "Trust Indenture ") dated as of April 1,
1981 between the City Y and National.Cit Bank of Minneapolis,
Minneapolis, Minnesota, as Trustee, pledging the revenues to be
derived from the Loan Agreement as security for $1,000,000 City of
Brooklyn Center Industrial Development Revenue Bonds (Federal Lumber
Company Project), Series 1981 (the "Bonds "), to be issued by the
City, and setting forth proposed recitals, covenants and agreements
relating thereto;
(c) Standby Letter of Credit and Reimbursement Agreement (the
"Reimbursement Agreement "), dated as of April 1, 1981 between the
Company and Northwestern National Bank of Minneapolis (the "Bank ")
RESOLUTION NO.
• whereby the Company agrees to reimburse the Bank the amount of each
draft drawn under the hereinafter mentioned Irrevocable Letter of
Credit (this document not to be executed by the City); and
(d) Irrevocable Letter of Credit (the "Letter of Credit "), dated
as of April 1, 1981 from the Bank to the Trustee providing for pay-
ment by the Bank to the Trustee of the sum needed for payment of
principal, premium, if any, and interest on the Bonds upon presenta-
tion of a sight draft and certification by the Trustee (this document
not to be executed by the City); and
(e) Combination Mortgage, Security Agreement and Fixture Financing
Statement (the "Mortgage "), dated as of April 1, 1981, between the
Company, the Trustee and the Bank, by which the Company grants to
the Trustee and the Bank a mortgage lien on and security interest in
the Mortgaged Property, as defined therein, as security for the pay-
ment of the Bonds and the Reimbursement Agreement (this document not
to be executed by the City); and
(f) Private Offering Memorandum dated March 27, 1981, describing
the offer of the Bonds, certain terms and provisions of the fore-
going documents, and certain information concerning the Bank and the
Company as deemed material by the Bank and the Company.
3. Findings. It is hereby found, determined and declared that:
(a) The project, ; c {3egc.-i. bed i..n paragraph 2 above a*ld in the Loan
Agreement, consti i Li t e 6 d � G j E C � i`iu i GY ' -t_d !)� and d cr ib`.'d :11
Section 474.02, Subdivision la, of the Act.
(b) The purpose of the Project is and the effect thereof will be to
promote the public welfare by: preventing the emergence of blighted
and marginal lands and areas of chronic unemployment; preventing
economic deterioration; the development of sound industry and commerce
to use the available resources of community, in order to retain the
benefit of the community's existing investment in educational and
public service facilities; halting the movement of talented, educated
personnel to other areas and thus preserving the economic and 'human
resources needed as a base for providing governmental services and
facilities; and increasing the tax base of the City and the county and
school district in which the Project is located.
(c) The Project has been approved by the Commissioner of Securities
of the State of Minnesota as tending to further the purposes and
policies of the Act.
(d) The issuance and sale of the Bonds, the execution and delivery
of the Loan Agreement and Trust Indenture and the performance of all
covenants and agreements of the City contained in the Bonds, the Loan
Agreement and Trust Indenture, and of all other acts and things required
under the Constitution and laws of the State of Minnesota to make the
Loan Agreement and Trust Indenture and the Bonds valid and binding
obligations of the City in accordance with their terms, are authorized
by the Act.
RESOLUTION NO.
(e) There is no litigation pending or, to the best of its knowledge,
threatened against the City relating to the Project or to the Bonds,
Loan Agreement or Trust Indenture or questioning the organization,
powers or authority of the City.
(f) The execution, delivery and performance of the City's obligations
under the Bonds, the Trust Indenture and the Loan Agreement have been
fully authorized by all requisite action and do not and will not
violate any law, any charter provision, any order of any court or
other agency of government, or any indenture, agreement or other
instrument to which the City is a party or by which it or any of its
property is bound, or be in conflict with, result in a breach of, or
constitute (with due notice or lapse of time or both) a default under
any such indenture, agreement or other instrument.
(g) It is desirable that the City of Brooklyn Center Industrial
Development Revenue Bonds (Federal Lumber Company Project), Series
1981, in the amount of $1,000,000 be issued by the City upon the
terms set forth in the Trust Indenture, under the provisions of which
the City's interest in the Loan Agreement will be pledged to the
Trustee as security for the payment of principal of, premium, if any,
and interest on the Bonds.
(h) The Loan Agreement provides for payments by the Company to the
Trustee for the account of the City of such amounts as will be
sufficient to pay the prinicipal of, premium, if any, and interest
S on the Bands when dt —, The T,oan Agreement obligates the Company to
pY<sv oe for Lne ayiaeii% tit UpC i u � Jii uilu IiLci l n �iiui2C l £ 1��� 1 ie:� ,
including adequate insurance, taxes and special assessments.
(i) Under the provisions of Section 474.10, Minnesota Statutes, and
as provided in the Loan Agreement and Trust Indenture, the Bonds are
not to be payable from nor charged upon any funds other than amounts
payable by the Company pursuant to the Loan Agreement, the Letter of
Credit and moneys in the funds and accounts held by the Trustee which
are pledged to the payment thereof; the City is not subject to any
liability thereon; no holders of the Bonds shall ever have the right
to compel the exercise of the taxing power of the City to pay any of
the Bonds or the interest thereon, nor to enforce payment thereof
against any property of the City; the Bonds shall not constitute a
charge, lien or encumbrance, legal or equitable, upon any property of
the City; and each Bond issued under the Trust Indenture shall recite
that the Bond, including interest thereon,.shall not constitute nor
give rise to a charge against the general credit or taxing powers of
the City and that the Bond does not constitute an indebtedness of the
City within the meaning of any constitutional, charter or statutory
limitation.
(j) No member of the City Council (i) has a direct or indirect
interest in the Project, the Loan Agreement, the Trust Indenture or
Bonds, (ii) owns any capital stock of or other interest in the Project
or the Company, (iii) is an officer or director of the Company, (iv)
will be involved in supervising the completion of the Project on behalf
of the Company, or (v) will receive any commission, bonus or other
RESOLUTION NO.
remuneration for or in respect of the Project, the Loan Agreement,
the Bonds or the Trust Indenture.
4. Approval and Execution of Documents. The forms of Loan Agreement,
Trust Indenture, Reimbursement Agreement, Letter of Credit, Mortgage and Private
Offering Memoranda referred to in paragraph 2 are approved. The Loan Agreement
and Trust Indenture shall be executed in the name and on behalf of the City by
the Mayor and the City Manager upon execution thereof by the officers of the
Company, in substantially the form on file, but with all such changes therein,
not inconsistent with the Act or other law, as may be approved by the officers
executing the same and then shall be delivered to the Trustee— Copies of all
documents shall be delivered and filed as provided therein.
5. Approval, Execution and Delivery'of Bond. The City shall proceed
forthwith to issue its City of Brooklyn Center Industrial Development Revenue
Bonds (Federal Lumber Company Project), Series 1981, dates as of April 1, 1981,
in the principal amount of $1,000,000•in the form and upon the terms set forth
in the Trust Indenture, which terms are for this purpose incorporated in this
resolution and made a part hereof. The Bank, acting as placement agent, has
advised the City that purchasers of the Bonds have agreed to purchase the Bonds
at a purchase price of $1,000,000 plus accrued interest to the date of delivery
and said purchase price is hereby found to be favorable and is hereby accepted.
The Mayor and City Manager are authorized and directed to prepare and execute
the Bonds as prescribed in the Trust Indenture and to deliver them to the Trustee,
together with a certified copy of this Resolution and the other documents
required by Section 2.09 of the Trust Indenture, for authentication and delivery
to the purchasers. As provided in the Trust Indenture, each Bond shall contain
a re.. ,..t:�0. t l.t .'.- issued to the and 511.cl) recital sha.7 by
conclusive evidence of the validity and regularity of the issuance thereof.
6. Private Placement Memorandum. The City hereby consents to the
use of the Private Placement Memorandum, provided that the Private Placement
Memorandum shall always recite that the Appendix to the Private Placement
Memorandum has been prepared by the Company and the Bank and that the City
has made no independent investigation with respect to the information contained
in the Appendix thereto.
7. Certificates, etc. The Mayor, City Manager, City Clerk and other
officers of the City are authorized and directed to prepare and furnish to the
purchaser of the Bonds, when issued, certified copies of all proceedings and
records of the City relating to the Bonds, and such other affidavits and
certificates as may be required to show the facts appearing from the books and
records in the officers' custody and control or as otherwise known to them;
and all such certified copies, certificates and affidavits, including any
heretofore furnished, shall constitute representations of the City as to the
truth of all statements contained therein.
8. Authorization. The City Clerk is authorized and directed to
deliver a certified copy of this Bond Resolution to the Hennepin County Finance
Director acting as County Auditor, together with such other information as the
County Auditor may require, and obtain the certificate of the County Auditor
as to entry of the Bonds on his bond register as required by the Act and Section
475.63, Minnesota Statutes.
RESOLUTION NO.
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member , and upon vote being taken thereon, the following
voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Member introduced the following resolution
and moved its adoption:
RESOLUTION NO.
RESOLUTION ACCEPTING CITY MINEER' S REpORT AND PROVIDIl33 FOR A
PUBLIC HEARING ON PROPOSED STR= FECONSTRUCPION PROJECT 1981 -10,
AND WATEMIN IMPROVEMEN PROJECT 1981 -11 (63RD AVENUE NORTH)
WHERFAS, the City Council has received a report from the City Fngineer
regarding the feasibility of the improvement of 63rd Avenue North by construction
of watermain and street improvements; and
I%EREAS, the City Council deems it necessary and in the best interests
of the City of Brooklyn Center to complete said improverrent
N(11, 'THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that the City Engineer's report is hereby accepted.
BE IT FURTEU]R RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota that the estimated costs are as follcws:
Street Reconstruction Project 1981 -10: .$249,210
Watermain Improvement Project 1981 -11: $100,530
BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota, as follows:
1. The Council proposes to proceed under authority granted by Chapter
• 429, Minnesota Statutes.
2. 7 ' � -• hn s � m r
,v_ � ,. ., �- �-ha:ll be held a+ the
A pub���. h:� .L, ., �:. �..� propo�._:,,. z. r e ran � .,
City Hall in the City on ! iay, 'diu 14 4 - di day of May, 1961, at
8:00_o'clock P.M., and the Clerk shall publish nc:tice of the time
and place of hearing by two week's publication in the official
newspaper of the City.
3. The area proposed to be assessed for said improvema is are as
follows:
STR RECONSTRUCTION PROJECT 1981 -10: All parcels abutting 63rd
Avenue North from Beard Avenue North easterly to Brooklyn Drive.
WATERMAIN IMPROVEMENT PROJECT 1981 -11: No special assessments will
be levied.
Date Mayor
ATTEST:
The motion for the adoption of the foregoing resolution was duly seconded by
member , and upon vote being taken thereon, the following
voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Member introduced the following resolution
and moved its adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR ARCHI-
TECTURAL /ENGINEERING SERVICES WITH LINDBERG - PIERCE, INC.
BE IT RESOLVED by the City Council of the City of Brooklyn Center
that the Mayor and City Manager are hereby authorized to execute an agree-
ment with the firm of Lindberg - Pierce, Inc. to perform the architectural/
engineering services required to renovate the Happy Hollow, Riverdale, and
Freeway Park shelter buildings and to provide construction documents for
the picnic shelter at Northport Park. The cost for the architectural/
engineering services under this agreement is not to exceed.$3,500.
Date Mayor
ATTEST
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member , and upon vote being taken thereon, the following
voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
CITY OF BROOKLYN CENTER
ORDINANCE NO. _
AN ORDINANCE AMENDING THE BROOKLYN CENTER CITY
CHARTER
THE CITY COUNCIL OF THE CITY OF BROOKLYN CE14TER DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 12 Section 12.05 is hereby amended
as follows:
Section 12.05. SALES OF REAL PROPER'T'Y. No real property
of the City shall be disposed of except by ordinance.
The proceeds of any sale of such property shall be used,.
as _far as possible, to retire any outstanding indebted-
.
ness incurred by the City in the purchase, construction,
or improvement of this [or other] property.[used for
the same public purpose. If there is no such outstanding
indebtedness; the Council may by resolution designate
some other public use for the proceeds.] �Ihenever the
outstanding indebtedness against the sold property h as
been satisfied, the remaining proceeds shall be used for
any of the following purposes:
(1) Purchase additional real property or construct
or make improvements on existing Cite owne
real property.
(2) Reduce indebtedness on other City owned rea
_ property. -
(3) Establish a reserve for future acquisition or
improvement of real property.
Section 2. This ordinance shall become effective after
publication and ninety (90) days following its adoption.
Adopted this day of 19
Mayor
ATTEST:
Clerk
Published in the official newspaper
Effective Date
[Brackets indicate matter to be deleted, underline indicates new
matter.]
(Published in the Brooklyn Center Post March 19, 1981.)
Licenses to be approved by the City Council on April 6, 1981
BULK VENDING MACHINE LICENSE
Theisen Vending 3804 Nicollet Ave.
Brooks Superette 6804 Humboldt Ave. N.
Sanitarian
FOOD ESTABLISHMENT LICENSE
Burger Brothers 4927 John Martin Dr.
Duke's Properties 6870 Shingle Cr. Pkwy.
Duke's Standard 6501 Humboldt Ave. N.
Sanitarian
MECHANICAL SYSTEMS LICENSE
All Season Comfort, Inc. 55 Mound Ave.
Harris Mechanical Contracting Co. 2300 Territorial Rd.
Horwitz Mechanical, Inc. 1411 11th Ave. S. I �
LeVahn Brothers Plumbing 3200 Penn Ave. N. U
Building fficial
MOTOR VEHICLE DEALERSHI 1 ��
Brookdale Chrysler Plymouth, Inc. 6121 Brooklyn Blvd.
North Star Dodge 6740 Brooklyn Blvd.
Pontiac of Brookdale 6801 Brooklyn Blvd. _
City Clerk ,
NONPERISHABLE VENDING MACHINE LICENSE Y
Duke's Properties 6870 Shingle Cr. Pkwy.
• Duke's Standard 6501 Humboldt Ave. N.
Sanitarian
S HANGER'S LICENSE
Naegle Outdoor Advertising 1700 W. 78th St. J -
Buildin Official
SWIMMING POOL LICENSE
Outdoor.
Evergreen Park Apts. 7200 Camden Ave. N.
Four Court Apts. 2936 Northway Dr.
Garden City Court Apts. 3407 65th Ave. N.
Lyn River 201 65th Ave. N.
Northbrook Apts. 1302 69th Ave. N.
North Lyn Apts. 6511 Humboldt Ave. N. ��-
• Sanitarian