HomeMy WebLinkAbout1980-09 10-16 AP T BROOKLYN CENTER POST
CITY OF BROOKLYN CENTER
ORDINANCE NO.—
ORDINA AMENDING THE
'1OKLYNIOKLYN CENTER CITY AFFIDAVIT OF PUBLICATION
RTF_R
CITY COUNCIL OF THE CITY
OF BROOKLYN CENTER DOES
ORDAIN AS FOLLOWS:
Section 1. Chapters 2 3, 4, 5, 6, 7, 11 STATE OF MINNESOTA
and 12 of the Brooklyn Center City SS.
Charter are hereby amended as
follows: COUNTY OF HENNEPIN
Section 2.04a. INCOMPATIBLE
OFFICES. No member of the Council
shall be appointed City Manager, nor
shall any member hold any other paid
municipal office or employment for
the City; and until one (1) year after
the expiration of (his) the member's Richard Germundsen, being duly sworn, on oath says he is and during all times nerein stated has been the Vice President
term or the member's resignation as of The Post Publishing Co., publisher and printer of the newspaper known as
Mayor or (Councilman) Coun- BROOKLYN CENTER POST
cilmember, no former member shall
be appointed to any paid appointive and hasfullknowledgeofthefacts herein stated asfollows:
office or employment for the City (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent
(which office or employment was in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each
created or the emoluments of which week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which
were increased during his term as it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter
Councilman.) except as provided in and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at
Section 2.05. least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation
Section 2.04b. PRIVATE EM- currently paid or no more than three months in arrears and has entry as second -class matter in its local post-
PLOYMENT. No former Mayor or office. (5) Said newspaper purports to serve the
Councilmember may, within one (1)
year after leaving the position, appear CITY OF BROOKLYN CENTER
or participate in proceedings before
the Council except to represent the in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open
former member's own personal in- during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main
terests as a private citizen of the City tained by the managing officer of saidnewspaper or persons in its employ and subject To his direction and control during all
of Brooklyn Center. such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately
Section 3.01. COUNCIL MEETINGS. with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years
On the first business day of January preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
following a regular municipal elec- Minnesota prior to January 1, 1966 and each January 7 thereafter an affidavit in the form prescribed by the Secretary of
tion, the Council shall meet at the State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper
usual place and time for the holding of is a legal newspaper.
Council meetings. At this time, the
newly elected members of the Council
shall assume their duties. Thereafter, He further states on oath that the printed F
the Council shall meet at such times
each month as may be prescribed by
ordinance or resolution. The Mayor or
any two members of the Council may
�r special meetings o the Council
st least (twelve h twenty
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in
V 24) hour's written notice to each
member of the Council. Such notice
shall be delivered personally to each the English language, once each week,for..r... successive weeks; that itwa5firstso published on
member or shall be left at his usual
place of residence with some the' -ay o. 79 and was hereafter printed and published on ever
responsible person. All meetingsofthe d f T p p y
Council shall be (public) in com-
Meeting with Minnesota Open
Meeting Law, and nd any records thereof to and including the.......... day of 19 and that the following is a printed copy of the
shall be made available at all
reasonable times. lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in
Section 3.04. ORDINANCES,
RESOLUTIONS AND MOTIONS.
Except as otherwise provided in this
charter, all legislation shall be by the composition and publication of said notice, to wit:
ordinance. The aye and no vote and
abstentions on ordinances, resolutions
and motions shall be recorded. An abcdefghijklmnopgrstuvwxyz -5' /2 pt. Sans
affirmative vote of a majority of all
the members of the Council shall be
required for the passage of all or-
dinances and resolutions, except as
otherwise provided in this charter.
Section 3.05. PROCEDURE ON
ORDINANCES. The enacting clause
of all ordinances shall be in the words
"City of Brooklyn Center does or-
dain." Every ordinance shall be ..W:.....
presented in writing. No ordinance
except an emergency ordinance shall Subscribed and sworn to before
be passed at the meeting at which it is
introduced, and at least seven (7) days
shall elapse between its introduction
and its final passage. Every or- me this.. ...day of. ..A.D., 19.....•:
dinance, other than an emergency
ordinance, shall be published in the I�ta /f2t1{ a�Cf a���'ZCY
legal) official newspaper at least one
week prior to the final passage.,
Section 4.01. THE REGULAR (NOTARIAL SEAL)
MUNICIPAL ELECTION. A regular
municipal election shall be held on the
first Tuesday after the first Monday in Notary Public County, Minnesota
November of each year at such place
or places as the City Council may
designate. The City Clerk shall give at My Commission Expires 19......
least two (2) weeks' previous notice of
ti ne and place of holding such
e i and of the officers to be
ele,.nd and such other matters to be
voted upon by posting in at least one
public place in each voting precinct
and by publication aT least once in the
official newspaper, but failure to give
such notice shall not invalidate such
election.
No
Affidavit of Publication
OF
Published in
BROOKLYN CENTER POST
8801 Bass Lake Road
MINNEAPOLIS, MINNESOTA 55428
DATE OF PUBLICATION
ATTORNEY
I
FILED
BROOKLYN CENTER POST
Section 4.03. SPECIAL ELEC-
TIONS. The Council may by resolution reconsider its action in adopting the Section 471 .345. Subiect to the
order a special election and provide all ordinance. provisions of this charter, the Council currence of the vacancy, this period
means for holding it. At least three (3) Subd. 4. As far as practicable the may by (ordinance) resolution adopt being necessary to allow time for
weeks of weekly published notice of a requirements of section 410.12 apply further regulations for the making of candidates to file. The Council by a
special election shall be given in the to petitions submitted under this bids and the letting of contracts. majority, vote of all its remaining
official newspaper. The procedure at section, to an ordinance amending a Section 11.01. ACQUISITION AND membersL shall appoint a qualified
s 4 election shall conform as nearly charter, and to the filing of such OPERATION OF UTILITIES. The person to fill the vacancy until the
approved by the City may own and o
sible to that prescribed for other ordinance when a person elected,to serve the remainder
voters. water, heat, power, light, telephone or
:ipal elections. Aerate any gas, of the unexpired ti terra, takes office. If
Section 5.02. EXPENDITURES BY Laws 1967, Ex. Sess., c. 33, sec. 3, other public utility for sbpplying its the Council fails to fill a vacancy
PETITIONERS. No member of any eff. July 1, 1%7.) own needs for utility service or for within thirty (30) days„ the election
initiative, or referendum committee, Subd. 7, Amendment by or- supplying utility service to private authorities shall call a special election
no circulator of a signature paper, and dinance. Upon recommendation of consumers or both. It may construct to fill the vacancy. The election will be
no signer of any such paper, or any the charter commission the city all facilities reasonably needed for held not sooner than ninety (90) days
other person, shall accept or offer any council may enact a charter that purpose and may acquire any and not later than one hundred and
reward, pecuniary, or otherwise, for amendment by ordinance. Such an existing utility properties so needed; twenty (120) days following the oc-
service rendered in connection with ordinance, if enacted, shall be but such acquisition action may only currence of the vacancy and to be
the circulation thereof, but this shall adopted by the council by an af- be taken by an ordinance, (which shall otherwise governed by the provisions
not prevent the committee from in- firmative vote of all its members not be an emergency ordinance) of Section 4.03, special elections. The
,curring expenses for legal advice, after a public hearing upon two approved by a majority of the electors quorum of the Council consists of three
stationery, copying, printing, ad- weeks' published notice containing voting thereon, at a general or special (3) members; if at any time the
vertising and notaries' fees. The the text of the proposed amendment election. The operation of all public membership of the Council is reduced
committee, at least five (5) days and shall be approved by the mayor utilities owned by the City shall be to less than three (3) the remaining
before the election, shall file with The and published as in the case of other under the supervision of the Director members may by unanimous action
City anager a financial statement ordinances, An ordinance amending appoint additional members to raise
Y of Public Works.
verified a member of the com- a city charter shall not become Section 11.04. LEASE PLANT.
mt which ch shall show in itemized effective until 90 days after passage The Council may, the he Section 2.06. THE MAYOR. The
the membership to three (3).
public in- Mayor shall be the presiding officer of
detail, all receipts, with The source and publication or at such later date teresis will be served thereby, con- the Council, except that the Council
thereof, and all disbursements and all as is fixed in the ordinance. Within tract with any responsible person, co- a
its me
i
from choose choose members obligations to make disbursements. 6a" days after passage and partnership or corporation for the shall l t from shall mbers office
Any violation of the provision of this publication of such an ordinance, a operation of any utility owned by the
(section) paragraph shall constitute a at the pleasure of the Council and shall
misdemeanor. the ordinance may petition ra y b referendum filed with thhe e City, upon such rentals and conditions serve as president in the Mayor's
Section AM INITIATION OF city, clerk. Such petition shall be contract t may deem necessary; but such ract shall be embodied in and let absence and as Mayor in case of the
o
CHARTER AMENDMENTS. Nothing signed qualified p voters equal only din approved by (the
in this charter shall be construed as in number to two percent of the total al Council cil ann subject o City. The Mayor shall have a vote as a
Mayor's disability orabsencefrom the
d subject t popular member of the Council (.He) and shall
any way affecting the right of the number of votes cast in the city at referendum) majority of the electors exercise all powers and perform all
registered voters, under the con- the Iasi state general election or voting thereon, or special
propose and statutes of Minnesota, whichever is less. If the city election. (Su (Such h or ordinance inance duties conferred and imposed upon
shall not be
propose e amendments this charter. r. has (him) the Mayor by this charter, the
has system of permanent emergency ordinance.) In no case ordinances of the City, and the laws of
MILAN TA TUTES re st of voters, only shall such contract be for a longer the State. (He). The Mayor shall be
ANNOTATED regi stered red voters voters are eligible sign term than ten years. recognized as the official head of the
Section (410.31) 410.72 Subdivision 7 the petition. If the requisite petition Section 2. The following City for all ceremonial
Charter Amendment by Ordinance is filed within the prescribed period, amendments are gender and purposes, by
(Subdivision 1. As an alternative the ordinance shall not become housekeeping changes to the Brooklyn the courts for the purpose of serving
To the amendment methods provided effective until it is a Center City civil process, and by the Governor for
in approved by the y2.03r1eELECTIVE the purposes of martial law- (He) The
section 410.12, a home rule voters as in the case of charter Section OF-
charter may be amended as amendments submitted by the FILERS... The Council shall be com-
Mayor shall study the operations of
provided in this section. charter commission, the council, or Posed of a Mayor and four (Coun- City government and shall report to
Subd. 2. Upon recommendation of by petition of the voters, except that cilman) Councilmembers who shall be the Council any neglect, dereliction of
the charter commission the city the council may submit the or- registered voters of Brooklyn Center, duty, or waste on the part of any office
council may enact a charter dinance at an and who shall be elected at large. or department of the City. In time of
y general or spacial g
amendment by ordinance. Such be election held at least io 60 Mayor may, with the consent of the
days after Each (Councilman) Councilmember public danger or emergency (he) the
ordinance, if enacted, shall b submission of the petition, or it may shall serve for o Council, take command of the police,
term of three (3)
adopted by the council by an af- reconsider its action p maintain order and enforce The law. adopting the Years. The Mayor shall serve for
firmative vote of all its members ordinance. As far as practicable the term of two (2) years. (When the
after a public hearing upon two requirements of (Minnesota charter is ratified, The Mayor and COUNCIL. The City Clerk shall act Section 3.02. SECRETARY OF
F
weeks' published notice containing Statutes 410.12) subdivisions 1 Councilmen who have been elected to Secretary of the Council. (He) The as
the Text of the proposed amendment through 3 apply to petitions sub- office under the Village form of Clerk shall keep a journal of Council
and shall be approved by the mayor mitted under this section, to an government shall continue in office proceedings and such other records
and published as in the case of other ordinance amending a recor
charter, and until their term expires.) The Council and perform such other duties re or
ordinances. to filing of such ordinance when shall be judges of the election of the y
Subd. 3. An ordinance amending a approved by the voters. Mayor and the (Councilmen) Coun- be required by this charter or as the
city charter shall not become ef- Section 6.05. PURCHASES AND ciimembers. Council may require. The Council
fective until 90 days after passage CONTRACTS. (The City Manager Add BC Legal 5.5,6.5, 9.5 shall choose such other officers and
and publication or at such later date may make or let contracts for the employees as may be necessary To
as is fixed in the ordinance. Within Section 2.05. VACANCIES IN THE serve at its meetings. In the absence of
purchase of merchandise, materials
60 days after passage and st w equipment, any kind of con- COUNCIL- The office of Mayor or the City Clerk, the Council may
publication of such an ordinance, a struction work when the amount of (Councilman) Councilmember shall designate any other official or em-
petition requesting a referendum on such contract does not exceed one become vacant upon (his) death, ployee of the City (except the City
the ordinance may be filed with The thousand dollars (81,000.00). If such resignation, removal from office in Manager or a member of the Council)
city clerk. Such petition shall be but is less exceed than to act as Secretary of the Council.
any manner authorized by taw or
Signed by qualified voters equal in but is less than an twenty-five twenty -fimy -fave hundred undyed forfeiture of (his) the office. The Section 4.05. WITHDRAWAL OF
number to two per cent of the total dollars (82,500.00), same may be made Mayor or (Councilman) Coun- CANDIDATE. Any person whose
number of voters cast in the city at or let by the City Manager after first cilmember shall forfeit (his) the office name has been presented in the
the Iasi state general election or obtaining the a (if he) for (1) (lacks) lack at an time manner provided for in the foregoing
approval of the City y
2000, whichever is less. If the city Council. All other purchases shall be during (his) the term of office of any section as a candidate may, not later
has a system of permenent made and all other contracts let by the qualification for the office prescribed than twelve (12) o'clock noon of the
registration of voters, only Council after the recommendation of by this charter or by law, (2) day after the last day for filing, cause
registered voters are eligible to sign the City Manager has first been ob- (violates) violation of any express (his) such name to be withdrawn from
the petition. If the requisite petition tained.) The City Council shall by prohibition of this charter, (3) (is nomination by filing with the City
is filed within the prescribed period, resolution establish and maintain a convicted) conviction of a crime in- Clerk a request to do so in writing, and
the ordinance shall not become purchasing policy for the City of volving moral turpitude, or (4) (fails) no name so withdrawn shall be printed
effective until it is approved by the Brooklyn Center. All contracts, bonds, failure to attend three consecutive upon the ballot.
voters as in the case of 'charter and instruments of any kind to which regular meetings of the Council Section 5.05. FILING OF PETITION
amendments submitted b the the Ci without being excused b the Council. AND ACTION THEREON. All the
y y is a party shall be signed by g Y
charter commission, the council, or the Mayor and the City Manager on A vacancy in the Council shall be filled signature papers shall be filed in the
the City Clerk as one in-
of
office
by petition of the voters, except that behalf of the City and shall be temporarily by the Council and then office f Within five (5) days after
the council may submit the or- executed in the name of the City.. by the voters for the remainder of the the filing of the petition, The City Clerk
dinance at any general or special Section 6.06. CONTRACTS: HOW term at the next regular election shall ascertain by examination, the
election held at least 60 days after LET. Every contract for the purchase unless that election occurs within one
submission of the petition, nr it may of (merchandise) supplies, materials, tiundred (100) days from the oc number of registered voters whose
signatures are appended thereto and
equipment or tfie rental thereof, or whether this number is at least five
(for any kind of construction work percent (5 percent) of The total
where the amount involved is more number of registered voters at the
than twenty- l hundred dollars time of the last regular municipal
Coun shall let only the election. If (he) the Clerk finds the
Council l u upon the recommendation of petition insufficient or irregular, (he)
responsible bidder, unless the Council
the City Manager the lowest the Clerk shall at once notify one or shall otherwise provide by resolution more of the committee of sponsors of that fact, certifying the reasons for
adopted by a vote of a majority of The
Council and published once in The (his) such finding. The committee
official legal newspaper of the City-
shall then be given thirty (30) days in
which to file additional signature
r The Council may, however, reject any papers and to correct the petition in all
iJ and all bids- Nothing contained in this other particulars. If at the end of that
section shall prevent the Council from period the petition is found to be still
contracting by afour- fifths (4/5) vote insufficient or irregular, the Clerk
for the doing of work with patented shall (file it in his office and shall) so
patented appliances by the same a
processes, or from the purchasing notify each member of the committee
of That fact and file the petition as an
majority the construction, official City record. The final finding
alternation, repair or maintenance of of the insufficiency or irregularity of a
real personal property shall in petition shall. not prejudice the filing
accordance with the Uniform a new petition for the same purpose,
Municipal Contracting Law, M.S.A. nor .shall it prevent the Council from
III.
referring the ordinance to the voters
at the next regular or special election.
Section 6.01. THE CITY estimates such explanatory
MANAGER. The City Manager shall statements as (he) the City Manager
be the Chief Administrative Officer may deem necessary, and under this
the City and shall be chosen y charter, (he) the City Manager shall
the Council solely the basis of (hiss) interpret this section as requiring
training, experience, rie ence, and ad comparisons of the City's finances
minisirative qualifications. The
choice shall not be limited to with the two previous budgets of this inhabitants of the City or State. (but municipality.
he) The City Manager shall Section 7.07. ENFORCEMENT OF
citizen of the (The THE BUDGET. It shall be the duty of
United States and (e the City Manager to enforce the
City Manager) shall a provisionsof the budget as specified in
appointed for
M indefinite period: (and abl the budget resolution. (He) the City
The City
Manager shall be removable r, Manager shall not authorize or ap-
the
if rem l removed at prove any expenditure unless an ,provided however, that
if removed at any time after one year appropriation has been made in the
of service, (he) the City Manager
may, within fifteen (15) days after budget resolution and there is an
available unencumbered balance of
(his) such removal, demand written
charges and a public hearing on the the appropriation sufficient to pay the
same before the Council; but pending liability to be incurred. No officer or
and during such hearing, the Council employee of the City shall place any
may suspend (him) the City Manager orders or make any purchases except
from office with or without pay. Such for the purposes authorized in the
public hearing shall take place within budget. Any obligation incurred by
thirty (30) days after the demand for any person in the employ of the City
the same and the written charges shall for any purpose not in the approved
be furnished (him) to the City budget or for any amount in excess of
Manager by the Council at least ten the amount appropriated in the budget
(10) days before the hearing. During resolution or in excess of the available
the suspension, absence or disability monies in any fund of the City may be
of the City Manager, or in case of a considered a personal obligation upon
vacancy in the office of the City the person incurring the expenditure.
Manager, the duties of (his) said office Section 7.12. ACCOUNTS AND
shall be performed by some properly REPORTS The City Manager shall be
qualified person designated by the the chief accounting officer of the City
Council as acting manager. and of every branch thereof, and the
Section 6.02. POWERS AND Council may prescribe and enforce
DUTIES OF THE CITY proper accounting methods, forms,
MANAGER: blanks, and other devices consistent
Subdivision 1. Subject to the with the law, this charter, and the
provisions of this charter, any ordinances adopted in accord
Council regulations consistent therewith. (He) The City Manager
therewith, and other applicable shall submit to the Council a
laws, the, City Manager shall control statement each month showing the
and direct the administration of the amount of money in the custody of the
City's affairs. (He) The City City Treasurer, the status of all
Manager shall have the powers and budgeted funds, and such other in-
futies set forth in the following formation about the finances of the
subdivisions: City as the Council may require. Once
Subdivision 2. (He) The City each year, on or before the last day of
Manager shall see that this charter June, the City Manager shall submit
and the laws, and resolutions of the an audited report to the Council
City are enforced. covering the entire financial
Subdivision 4. (He) The City operations of the City for the past
Manager shall exercise control over year. Such report, or summary
all departments and divisions of the thereof, shall be published in the of-
City administration created by this ficial City newspaper on or before July
charter or by the Council. 31 of each year.
Subdivision S. (He) The City Section 12.02. OATH OF OFFICE.
Manager shall attend all meetings of Every officer of the City shall, before
the Council with the right to take entering upon the duties of (his) the
part in the discussion, but not to office, take and subscribe an oath of
vote; but the Council may in its office in substantially the following
discretion exclude (him) the City form: do solemnly swear (or af-
Manager from any meeting at which firm) to su pport the Constitution of the
(his) the removal of the City United States and of this State to
Manager is considered. discharge faithfully the duties
Subdivision S. (He) The City devolving upon me as (Mayor,
Manager shall recommend to the (Councilman,) Councilmember, City
Council for adoption such measures Manager, etc.) of the City of Brooklyn
as (he) the City Manager may deem Center to the best of my judgment and
necessary for the welfare of the ability."
People and the efficient ad- Section 12.04. OFFICIAL BONDS.
ministration of the City's affairs. The City Manager, the City Clerk, the
Subdivision 7. (He) The City City Treasurer, and such other of-
Manager shall keep the Council fully ficers or employees of the City as may
advised as to the financial condition be provided for by ordinance shall
and needs of the City, and (he) shall each before entering upon the duties of
prepare and submit to the Council (his) such respective office or em-
the annual budget. ployment, give a corporate surety
Subdivision 8. (He) The City bond to the City in such form and in
Manager shall prepare and submit such amount as may be fixed by the
to the Council for adoption an ad- Council as security for the faithful
minisirative code incorporating the performance of (his) prescribed of-
details of administrative procedure, ficial duties and the safekeeping of the
and shall, from time to time, (he public funds. Such bonds may be
shall).suggest amendments to such either individual or blanket bonds in
code. the discretion of the Council. They
Subdivision 9. (He) The City shall be approved by the City Council,
Manager shall perform such other and approved as to form by the At-
duties as may be prescribed by this torney, and filed with the City Clerk.
charter or by law or required of The provisions of the laws of the State
(him) the City Manager by or- relating to official bonds not in-
dinance or resolutions adopted by consistent with this charter shall be
the Council, complied with. The premiums on such
Section 7.05. PREPARATION OF bonds shall be paid by the City.
THE ANNUAL BUDGET. The City Section 3. This ordinance shall
Manager shall prepare the estimates become effective after publication and
for the annual budget. The budget ninety (90) days following its adoption.
shall be by funds and shall include all Adopted this day of
the funds of the City except the funds 19.
made up of proceeds of bond issues, Mayor
public service enterprise funds, and ATTEST:
special assessments funds, and may Clerk
include any of such funds at the Published in the official
discretion of the Council. The newspaper...,.....
estimates of expenditures for each Effective Date........
fund'ludgeted shall be arranged for (Parenthesis indicate matter to be
each department or division of the deleted, boldface indicates new
City. The budget shall show the in- matter)
come and expenditures classified in (Published in The Brooklyn Center
accordance with generally accepted Post, October 16, 1980).
accounting principles. The City
Manager shall submit wl-h the