HomeMy WebLinkAbout1980 11-03 CCP Regular Session ;
CITY COUNCIL AGENDA
CITY OF BROOKLYN CENTER
NOVEMBER 3, 1980
7:00 P.M.
1. Call to Order 3'
2. Roll Call tN
3. Invocation �^
4. Because of the extra clerical work required for the November 4, 1980
election, approval of the October 20, 1980 City Council minutes will
be carried over to the second meeting in November.
5. Open Forum
6. Performance Bond Releases /Reductions
Releases:
a. United National, Winchell's Donuts, 1912 57th Avenue North
Reductions:
a. 7- Eleven, 1500 69th Avenue North �1
7. Resolutions: w
I
a. Transferring Funds from Council Contingency Fund to Street Construction
Account for Shingle Creek Restoration
-This resolution was introduced at the August 11, 1980 meeting and
tabled to this first meeting in November.
b. Approving an Amendment to an Agreement with the City of Brooklyn Park
Relative to Providing Utility Service to Brooklyn Center Property.Ownersll>
Along Brooklyn Boulevard Northerly of Shingle Creek'
-This resolution provides for water and sanitary sewer services to be
" Provided to the new CEAP building b way of connections to the Brooklyn
P 9 Y Y n Y
Park utilities. -
C. Approving an Agreement with the City of Brooklyn Park for the Installation
of a Traffic Control Signal System and Geometric Roadway Improvements at�0
the Intersection of T.H. 252 (West River Road) at 73rd Avenue North
� d. Authorizing Execution of Quit Claim Deed to Karl Vickroy and Marjorie ��jj��l"
R. Vickroy for the West 30 Feet of Lot 8, Block 3, Waite's 2nd Addition" ��5�
e. Authorizing the Purchase of Shade Trees fL
-These trees will be planted in the Centro Par picnic area and it is
recommended the quotation of Instant Shade, Inc. in the amount of $4,966
be accepted.
f. Authorizing the Purchase of Basketball and Volleyball Standards
-These items are comprehended in the park bond issue and it is 2 ��
recommended the quotation of Minnesota Playground, Inc. in the amount
of $2,670.89 be accepted.
CITY COUNCIL AGENDA -2- November 3, 1980
Accepting Bid for One 7 -Gang Tractor Mower �Ap
g• P g f I � (
-It is recommended the bid of Minnesota Toro, Inc. in the amount
of $23,876 be accepted.
h. Accepting Bid for Swimming Pool Deck Tiling
i. Expressing Recognition of and Appreciation for the Dedicated Public
Service of Edith Johnson q uLe
S. Planning Commission Items (7:30 p.m.):
a. Application No. 80044 submitted by Lutheran Church of the Master for
•preliminary plat approval for the Lutheran Church of the Master site
and the single family residence to the east at 1200 and 1120 69th Avenue
North. The Planning Commission recommended approval of Application No.
80044 at its October 23, 1980 meeting.
~ b. Application No. 80045 submitted by Gittleman Corporation for site and
building plan approval to rebuild four garages destroyed by fire and
a small parking lot at apartment No. 19 at Twin Lake North apartments,
4500 58th Avenue North. The Planning Commission recommended approval of
Application No. 80045 at its October 23, 1980 meeting.
C. Application No. 80038 submitted by K -Mart Corporation for site and
building plan approval for a new garden . shop and special use permit
approval for operation of.the• auto center at 3600 63rd Avenue North.
This application was tabled at the Commission's October 9, 1980 meeting,
and the Planning Commission recommended approval of Application No.
80038 at its October 23, 1980 meeting.
d. Application No. 80039 submitted by K- Mart Corporation for preliminary
RLS approval to combine three existing tracts at 3600 63rd.Avenue North
into a single parcel. This application was tabled by the Commission at
As October 9, 1980 meeting and the Planning Commission recommended
approval of Application No. 50039 at its October 23, 1980 meeting.
9. Ordinances
a. An Ordinance Amending the Brooklyn Center City Charter
-This ordinance was first read at the October 6, 1980 City Council
v meeting, published on October 16, 1980 and is presented this evening
for a second reading.
b. An Ordinance Authorizing the Conveyance of Real Estate from the City 1
of Brooklyn Center to Brandvold Construction, Inc. V
-This ordinance was first read on October 6, 1980, published on
October 36, 1980, and is presented this evening fora second reading.
C. An Ordinance Authorizing the Conveyance of Real Estate from the City
of Brooklyn Center to Charlson Research Foundation
This ordinance was first read on October 6, 1980, published on
October 16, 1980 and.is presented this evening for a second reading.
CITY COUNCIL AGENDA -3- November 3, 1980
y
10. Discussion Items
a. Northwest Suburbs Cable Communication Commission Joint _Powers Agreement a
This joint powers agreement has been recommended by the Northwest �v
Suburbs Cable Communications Commission and the staff is prepared to
discuss the agreement.
b. Twin - Lake Water Patrol Reports
These reports are from the Hennepin County Sheriff's Office and are
a record of watercraft activity on Twin Lake over the past summer.
C. Liquor License Fee Study
-This staff report has been prepared for Council information, and it is
recommended that the report be referred to the Brooklyn Center Chamber
of Commerce for their review and comment.
d. Automated Liquor Management Control System
- This item is a request for authorization to participate in the LOGIS
liquor inventory control management system development project
12. Licenses
12. Adjournment
r
Minber introduced the following resolution
and moved its adoption:
RESOLUTION N0.
RESOLUTION TRANSFERRING FUNDS FROM COUNCIL CONTD)GENCY
ACCOUNT TO STREET CONSTRUCTION ACCOUNT FOR SHINGLE
CREEK RESTORATION
BE IT RESOLVED BY THE COUNCIL C P THE CITY OF BROOKLYN CENTER that;
1. The Mayor and City Manager are hereby authorized to execute
an agreement with the City of Brooklyn Park providing for
Brooklyn Center participation in the estimated amount of
$21,064.00 in the costs of Brooklyn Park Improvennent No.
7$ -07 (Shingle Creek Restoration).
2. The Finance Director is hereby authorized to transfer the
amount of $21,064.00 from the Council Contingency Account to
Street Construction Account for use in payment of the City's
share of Shingle Creek Restoration project.
Date Mayor
ATTEST:
Clerk
![he motion for the adoption of the foregoing resolution was seconded by
der , and upon vote being: taken thereon, the following
voted in favor thereof:
Z
and the following voted against the 'same:
whereupon said resolution was declared duly passed and adopted.
s
y
Member introduced the following resolution
and moved its adoption:
RESOLUTION NO.
RESOLUTION APPRQJING AN AMP EMENT TO AN AGRE Mqr Ttlr 'H THE
CITY OF BROOKLYN PARK RELATIVE TO PROVIDING UTILITY SERVICE
TO BROOKLYN CENTER PROPERTY MTER.S ALONG BROOKLYN BOULEVARD
NORTHERLY OF SHINGLE CREEK
W ZEAS, on October 16, 1978, the Brooklyn Center City Council via
Resolution No. 78 -226 authorized the Mayor and City Manager to execute an agree-
ment with the City of Brooklyn Park for providing utility services to private'
properties in Brooklyn Center along Brooklyn Boulevard northerly of Shingle
Creek; and
WHEREAS, Lot 2, Block 1, Picadilly Ponds, was not included in the area
serviced under said agreement; and
WAS, the owners of Trot 2, Block 1, Pic adilly Ponds, desire to be
serviced by Brooklyn Park under the terms of said agreement; and
WHEREAS, the Directors of Public Works of the Cities of Brooklyn, Center
and Brooklyn Park concur that said parcel as well as all parcels of land in
Brooklyn Center within the immediate vicinity of Brooklyn Boulevard and northerly
of Shingle Creek should be serviced for water main and sanitary sewer facilities
by Brooklyn Park.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that the "Agreement between the City of Brooklyn Center,
Minnesota, and the City of Brooklyn Park, Minnesota, relative to Providing Utility
Service to Brooklyn Center Property Owners along Brooklyn Boulevard northerly of
Shingle Creek" shall be amended to indicate that the area in Brooklyn Center to be
serviced for utilities by Brooklyn Park shall be that area in Brooklyn Center lying
northerly =of Shingle Creek, in the immediate vicinity of Brooklyn Boulevard, con -
sisting of approximately 5.7 acres east of Brooklyn Boulevard and 1.3 acres west
of said street. All other sections of the original agreement are to remain in
effect.
BE IT FURTBER RESOLVED TEAT:
1) the City Attorney is hereby directed to draft an amendment to the
October 16, 1978 agreement which incorporates the revision to
said agreement as indicated above
2) the Mayor and City Manager are hereby authorized to execute said
amendment to said agreement
3) said amendment to said agreement shall take effect upon concurrence
of the City Council of the City of Brooklyn Park
4) the City Clerk is hereby directed to forward a copy of this resolu-
tion and tine amendment to the agreement to Brooklyn Park.
Date Mayor
.ATTEST:
Clerk
RESOLUTION INTO.
„
The motion for the adoption of the foregoing resolution was duly seconded by
{ f
men ber , and upon vote being taken thereon, the
following voted against the sames .
whereupon said resolution was declared duly passed and adopted.
r
t
Member introduced the following resolution
f
and moved its adoption:
RESOWTION NO.
RESOLUTION APPROVING AN AGREEMENT WITH THE CITY CF BROOKLYN
PARK FOR THE INSTAI•.IATION CF. A TRAFFIC. CON'T'ROL SIGNAL SYSTEM
AMID GECKETR.IC RCADWAY IMPROVEMENTS AT THE INTERSECTION CF
T.H. 252 (WEST RIVER ROAD) AT 73RD AVENUE NORTH
BE IT RESOLVED BY THE COUNCIL OF THE CITY CF BROOKLYN CENTER that
'the Mayor and City Manager are hereby authorized to execute an agreement with
the City of Brooklyn Park for the purpose of sharing the costs for construction,
engineering and administration, operation and maintenance of a traffic control
signal system and geometric roadway improvements at the intersection of T.H.
252 (West River Road) and 73rd Avenue North (Project 1980 -08).
BE IT FURTHER RESOLVED that the City of Brooklyn Center's share of
said project costs shall be funded from the Capital Projects Fund.
Date Mayor
ATTEST:
•
The motion for the adoption of the foregoing resolution was duly seconded by
member aril ` n vote be taken thereon, the
following Voted against the same:
whereupon said resolution was declared duly passed and adopted.
1 0
a
x
Member introduced the following resolution
and moved its adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING EX=IC N OF QUIT CLAIM DEED TO
CARL:VICKROY AND MARJORIE R. VICEROY FOR THE WEST 30
FEET OF LOT 8, BLOCK 3, WAITE'S SECOM ADDITION
VQHE EAS, the City of Brooklyn Center, on May 14, 1958, acquired
Quit Claim Document No. 561429 creating, in part, an easement "for road
purposes only" over the west 30 feet of Lot 8, Block 3, Mite's 2nd Addition; and
W OUAS, the City Council of Brooklyn Center, on August 19, 1958,
adopted a resolution vacating that portion of the easement which crosses the
west 30 feet of Lot 8, Block 3, Waite's 2nd Addition, and such resolution is
recorded as Documents 567451 and 569798; and
WHRE'AS, Carl Vickroy and Marjorie R. Vickroy, husband and wife as
joint tenants, the current owners of said property, have requested that the City
execute a Quit Claim Deed to them for the purpose of formally terminating the
easement; and
WHEREAS, the City Attorney has advised the City Council that the City
has no legal interest in said property.
r NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
BROOKLYN CENTER, that the Mayor and City Manager are hereby authorized to execute
a quit claim deed to Carl Vickroy and Marjorie R. Vickroy for the west 30 feet of
Lot 8, Block 3, Mite's Second Addition. Said quit claim deed shall be for the
purpose of terminating the easement granted by document #561429 and vacated by
document #567451 and 569798. Consideration for said transaction shall be one
dollar ($1.00) and other good and valuable consideration.
r ..
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.
r •
Member introduced the following resolution
and moved its adoption: -
RESOLUTION NO.
RESOLUTION AUTHORIZING THE PURCHASE OF SHADE TREES
WHEREAS, Chapter 471.345 of the Minnesota Statutes provides for the
purchase of merchandise, materials or equipment, or any kind of construction
work by informal quotations when the amount of such contract is less than ten
thousand dollars ($10,000); and
WHEREAS, the City Manager has obtained quotations on the purchase
of shade trees and has determined that the quotation of Instant Shade, Inc.
in the amount of $4,966.00 for sixteen (16) shade trees-is the best quotation
submitted.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the City Manager be authorized to contract for the purchase
of shade trees in the amount of $4,966.00 from Instant Shade, Inc.
•
f
0 Date Mayor
ATTEST:
r 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.
s
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING THE PURCHASE OF BASKETBALL AND
VOLLEYBALL STANDARDS
WHEREAS, Chapter 471.345 of the Minnesota Statutes provides for the
purchase of merchandise, materials or equipment, or any kind of construction
work by informal quotations when the amount of such contract is less than ten
thousand dollars ($10,000); and
WHEREAS, the City Manager has obtained quotations on the purchase of
basketball and volleyball standards and has determined that the quotation of
Minnesota Playground, Inc. in the amount of $2.,670.89 for basketball and volley -
ball standards is the best quotation submitted.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the City Manager be authorized to contract for the
purchase of basketball and volleyball standards in the 'amount of $2,670.89
from Minnesota Playground, Inc
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.
s
r Member introduced the following resolution
F and moved its adoption;
{ RESOLUTION NO.
RESOLUTION ACCEPTING BID FOR ONE (1) 7 -GANG TRACTOR MOWER
WHEREAS, the Director of Parks and Recreation and the Superintendent
of Streets have reported that on October 27, 1980 at 11:00 a.m. they opened
and tabulated bids received for furnishing one (1) 7 -gang tractor mower and
that said bids were as follows:
TOTAL BID PRICE
R. L. Gould & Company $23,733.00
Minnesota Toro, Inca 23,876.00
NOW, THEREFORE, BE IT RESOLVED by the City of the City of
Brooklyn Center that the bid of Minnesota Toro, Inc. for the furnishing
and ,delivery of one (1) 7 -gang tractor mower, in accordance with the
specificatons,is deemed to be the best bid submitted by a responsible
bidder and said bid is hereby accepted.
Date Mayor
t
. 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 BID FOR COMMUNITY CENTER SWIMMING POOL
DECK TILING
WHEREAS, the City Manager and City Clerk have reported that on
October 31, 1980 at 11:00 a.m. they opened and tabulated bids received for
tiling the Community Center swimming pool area and that said bids were as
follows:
Contractor/ Base bid Alternate #1 Alternate #2
completion date
Dale Tile $32,609 $8,994 $2,384
12/24/80
Drake Tile 39,500 7,100 2,800
5/1/81
Land of Lakes Tile - 28,440 7,190 2,100
12/15/80
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the Lindberg Pierce Architectural Firm recommends that
the bid of Land of Lakes Tile for base bid plus alternate #2 be accepted for
r a total of $30,540 and said bid is hereby accepted.
I_
r
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 v*bted against the same:
whereupon said resolution was declared duly passed and adopted.
F.
L
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR
THE DEDICATED PUBLIC SERVICE OF EDITH JOHNSON
WHEREAS, Edith Johnson served as a member of the Human Rights Commission
from January 1977 through May 1980; and
WHEREAS, her devotion to the tasks and responsibilities of this
Commission contributed substantially to the sound progress and development
of the City; and
WHEREAS, her public service and civic effort for the betterment of
the community merit the gratitude of the citizens of Brooklyn Center.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that:
The dedicated public service -of Edith Johnson as -a member_
of the Human Rights Commission and citizen, is recognized
and appreciated by the City of Brooklyn Center.
Date Mayor
a
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 CEN'S'ER -
ORDINANCE N0.
AN ORDINANCE AMENDING THE BROOKLYN CENTER CITY CHARTER
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER-DOES ORDAIN AS
FOLLOWS:
Section 1. Chapters 2, 3, 4, 5, 6, 7, 11 and 12 of the
Brooklyn _Center 'City Charter are hereby amended as follows:
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
term or the member's resignation as Mayor or [Councilman] Council
member no former member shall be appointed to any paid appointive
office or employment for the City [which office or employment was
created or the emoluments of which were increased during his
term as Councilman.] except as provided in Section 2.05.
Section 2.04b. PRIVATE EMPLOYMENT. No former Mayor or
Councilmember may, within one (1) year after leaving the position,
appear or participate in proceedings before the Council except to
represent the former member's own personal interests as a pr iva t e
citizen of the City of Brooklyn Center.
Section 3.01. COUNCIL MEETINGS. On the first business
day of January following a regular municipal election, the Council
shall meet at the usual place and time for the holding of Council
-meetings. At this time, the newly elected members of the Council
shall assume their duties. Thereafter, 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 call
special meetings of the Council upon at least [twelve hours]
twenty-four (24) hour's written notice to each member of the
Council. Such notice shall be delivered personally to each member
-or shall be left at his usual place of residence with some respon—
sible person. All meetings of the Council shall be [public] in
compliance with the Minnesota Open Meeting Law, and any records
thereof shall be made available at all reasonable times.
Section 3.04. ORDINANCES, RESOLUTIONS AND MOTIONS
Except as otherwise provided in this charter, all legislation
shall be by 'ordinance. The aye and no vote and abstentions on
ordinances, resolutions and motions shall be recorded. An
affirmative vote of a majority of all the members of the Council
shall be required for the passage of all ordinances and resolutions,
except as otherwise provided in this charter.
ORDINANCE N0.
Section 3.05. PROCEDURE ON ORDINANCES. The enacting
clause of all ordinances shall be in the words "City of Brooklyn
-Center does ordain ". Every ordinance shall be presented in writing.
No ordinance except an emergency ordinance shall 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
ordinance, other than an emergency ordinance, shall be ,published
in the [legal] official newspaper at least one week prior to the
fipal passage.
Section 4.01. THE REGULAR MUNICIPAL ELECTION. A regular
municipal election shall be held on the first Tuesday after the
first Monday in November of each year at such place or places as
the City Council may designate. The City Clerk shall give at
least two (2) weeks' previous notice of the time and place of
holding such election and of the officers to be elected 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.
Section 4.03. SPECIAL ELECTIONS. The Council may by
resolution order a special election and provide all means for
holdin g it. At least three (3) weeks of weekly published notice
of a special election shall be ' Tiven in the official newspaper.
The procedure at such election hall conform as nearly as possible
to that prescribed for other municipal elections.
Section 5.02. EXPENDITURES BY PETITIONERS. No member
of any initiative, or referendum committee, no circulator of a
- signature paper, and no signer of any such paper, or any other
person, shall accept or offer any reward, pecuniary, or otherwise,
for service rendered in connection with the circulation thereof,
but this shall not prevent the committee from incurring expenses
i n copying,
printing, advertising for. legal -aav advice, stationery, ery, c py g, p g, g and
notaries' fees. The committee, at least five (5) days before
the election, shall file with the City Manager a financial state-
ment verified by a member of the committee, which shall show in
itemized detail, all receipts, with the source thereof, all
disbursements and-all obligations to make disbursements. Any
violation of the provisions of this section par shall
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constitute a misdemeanor.
Section 5.09. INITIATION OF CHARTER AViENDMENTS Nothing
in this charter shall be construed as in any way affecting the right
of the registered voters, under the constitution axtd statutes of
Minnesota, to propose amendments to this charter:"
MINNESOTA STATUTES ANNOTATED
Section [410.31] 410.12 Subdivision 7
Charter Amendment by Ordinance
[Subdivision 1. As an alternative to the amend -
ment methods provided in section 410.12, a home
rule charter may be amended as provided in this
section.
ORDINANCE NO.
Subd. 2 Upon recommendation of the charter
commission the city council may enact a charter
amendment by ordinance: Such an ordinance, if
enacted, shall be adopted by the council by an
affirmative vote of all its members after a
public hearing upon two weeks' published notice
containing he text of the proposed amendment
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and shall be approved by the mayor and published
as in the case of other ordinances
Subd.- 3. An ordinance amending a city charter
shall not become effective until 90 days after
passage and publication or at such later date
as is fixed in the ordinance. Within 60 days
after passage and publication of such an ordinance,
a petition requesting a referendum on the ordinance
may be filed with the city clerk. Such petition
' shall be signed by qualified voters equal in
number to two per cent of the total number of
voters cast in the city at the last state general
election or 2000, whichever is less. If the city
has a "system of permanent registration of voters,
only registered voters are eligible to sign the
petition. - If the requisite petition is filed
within the prescribed period, the ordinance shall
not become effective until it is approved by the
voters as in the case of charter amendments sub-
mitted by the charter commission, the council, or
by petition of the voters, except that the council
may submit the ordinance at any general or special
election held at least 60 days after submission
of the petition, or it may reconsider its action
in adopting the ordinance.
a
Subd. 4. As far as.practicable the requirements
of section 410.12 apply to petitions submitted
under this section, to an ordinance amending a
charter, and to the filing of such ordinance when
approved by the voters.
Laws 1967, Ex.Sess.,c. 33, sec. 3, eff. July 1, 1967.E
I
Subd.. 7. Amendment by ordinance. Upon recommen-
dation of the charter commission the city council
may enact a charter amendment by ordinance. Such
an ordinance, if enacted, shall be adopted by the
council by an affirmative vote of all its members
after a public hearing upon two weeks published
notice containing the text of the proposed amend-
ment and shall be approved by the mayor and published
as in the case of other ordinances. An ordinance
amending a city charter shall not become effective
until 90 days after passage and publication or at
such later date as is fixed in the ordinance.
i
ORDINANCE NO.
Within 60 days after passage and publication of such
an ordinance, a petition requesting a referendum on
the ordinance may be filed with the city clerk.
Such petition shall be signed by qualified voters
equal in number to two percent of the total number
of votes cast in the city at the-last state general
election or 2,000, whichever is less. If the city
has a system of permanent registration of voters,
only registered voters are eligible to sign the
2etition. If the requisite petition is filed within
` the prescribed period, the ordinance shall not become
effective until it is approved by the voters as in
the case of charter amendments submitted by the
charter commission, the council, or by petition of
the voters, except that the council may submit the
ordinance at any general or special election held
at least 60 days after submission of the petition,
or it may reconsider its action in adopting the
ordinance. As far as practicable the requirements
of (Minnesota Statutes 410.12) subdivisions 1 through
apply to petitions submitted under this section,
to an ordinance amending a charter, and to filing
of such ordinance when approved by the voters.
Section 6.05. PURCHASES AND CONTRACTS [The City
Manager may make or let contracts for the purchase of merchan-
dise, materials or equipment, or-any kind of construction work
when the amount of such contract does not exceed one thousand
dollars ($1,000.00). If such contract exceed the last stated
amount but is less than twenty -five hundred dollars ($2,500.00),
same may be made or let by the City Manager after first obtaining
the approval of the City Council. All other purchases shall be
made and all other contracts let by the Council after the recom-
mendation of the City Manager has first been obtained.] The City
Council 'shall by resolution, establish and maintain a purchasing
policy for the City of Brooklyn'Center. All contracts, bonds,
and instruments of any kind to which the City is a party shall be
signed by the Mayor and the City Manager on behalf of the City
and shall be executed in the name of the City.
Section 6.06. CONTRACTS: HOW LET. Every contract for
the purchase of [merchandise] supplies materials, equipment or
the rental thereof, or [for any kind of construction work where the
amount involved is more than twenty -five hundred dollars ($2,500.00)
shall be let only by the Council upon the recommendation of the City
Manager to the lowest responsible bidder, unless the Council shall
otherwise provide by resolution adopted by a vote of a majority of
the Council and- .published once in the official legal. newspaper of
the City. The Council may, however, reject any and all bids Nothing
contained in this section shall prevent the Council from contracting
by a four- fifths (4/5) vote for the doing of work with patented
processes, or from the purchasing of patented appliances by'the
same majority.] the construction, alteration, repair or maintenance
of real or personal property shall be in accordance with the
ORDINANCE NO.
Uniform Municipal Contracting Law, M.S.A. Section 471.345. Subject
to the provisions of this charter, the Council may by [ordinance]
resolution adopt further regulations for the making of bids and
the letting of contracts
Section 11.01. ACQUISITION'AND OPERATION OF UTILITIES.
The City may own and operate any gas, water, heat, power, light,
telephone or other public utility for supplying its own needs for
utility service or for supplying utility service to P rivate con -
sumers or both. It may construct all facilities reasonably needed
for that purpose and may acquire any 'existing utility properties
so needed; but such acquisition action may only be taken by an
ordinance, [which shall not be an emergency ordinance] approved
by a majority of the electors voting thereon, at a general or
i
special election. The operation of all public ut ili t ies owned
by the City shall be under the supervision of the Director of
Public Works.
Section 11.04. LEASE OF PLANT. The Council may, if
the public interests will be served thereby, contract with any
.-responsible person, co- partnership or corporation for the operation
of any utility owned by the City, upon such rentals and conditions
as it may deem necessary; but such contract shall be embodied in
d 's `
and let only by an ordinance approved by [the Council an subject
to popular referendum] , a majority of the electors voting thereon,
at a general or special election. [Such ordinance shall not be
an emergency ordinance.) In no case shall such contract be for
a longer term than ten (10) years.
Section 2. The following amendments are gender and
housekeeping changes to the Brooklyn Center City Charter.
Section 2.03. ELECTIVE OFFICERS. The Council shall be
composed-of a Mayor and four [Councilmen] Councilmembers' who shall
be registered voters of Brooklyn Center, and — who s a e elected
at large. Each [Councilman] Councilmember shall serve for a
term of three (3) years. The Mayor shall serve for a term of
two (2) years. [When the charter is ratified, the Mayor and
Councilmen who have been elected to office under the Village
form of government shall continue in office until their term
expires.] The Council shall be judges of the election of the
Mayor and the [Councilmen] Councilmembers.
Section 2.05. VACANCIES IN THE COUNCIL. The office of
Mayor or [Councilman] Councilmember shall become vacant upon [his]
death, resignation, removal from office in any manner authorized
by law or forfeiture of [his] the office. The Mayor or [Councilman]
Councilmember shall forfeit [his the office [if he] for (1) [lacks]
lack at any time during [his] the term of office of any qualifi-
cation for the office prescribed by this charter or'by law, (2)
[violates) violation of any express prohibition of this charter,
(3)[is cony cted] conviction of a crime involving moral turpitude,
or (4) [fails] failure to attend three consecutive regular meetings
of the Council with t being excused by the Council. A vacancy
ORDINANCE NO.
in the Council shall be filled temporarily by the Council and then
by the voters for the remainder of the term at the next regular
election unless that election occurs within one hundred (100) days
from the occurrence of the vacancy, this period being necessary to
allow time for candidates to file. The Council by a majority vote
of all its remaining members shall appoint a qualified person to
fill the vacancy until the person elected to serve the remainder
of the unexpired term takes office. If the Council fails to .fill
a vacancy within thirty (30) days, the election authorities shall
call a special election to fill the vacancy. The election will
beheld not sooner than ninety (90) days and not later than one
hundred and twenty (120) days following the occurrence of the
vacancy and to be otherwise governed by the provisions of Section
4.03, special elections. The quorum of the Council consists of
three (3) members if at any time the membership of the Council
is reduced to less than three (3) the remaining members may by
unanimous action appoint additional members to raise the member-
ship to three (3).
Section 2.06. THE MAYOR. The Mayor shall be the
presiding officer of the Council, except that the Council shall
choose from its members a president pro tem who shall hold office
at the pleasure of the Council and shall serve as president in
the Mayor's absence and as Mayor in case.of the Mayor's disability
or absence from the City. The Mayor shall have a vote as a member
of the Council [.He] and shall exercise all powers and perform all
duties conferred and imposed upon [him] the Mayor by this charter,
the ordinances of the City, and the laws of the State. [Fie] The
Mayor shall be recognized as the official head of the City for
all ceremonial purposes, by the courts for the purpose of serving
civil process, and by the Governor for the purposes of martial
law. [He] The Mayor shall study the operations of the City
government and shall report to the Council any neglect, dereliction
of duty, or waste on the part of any office or department of the
city.' In time public danger or emergency [he] the Mayor may,
with the consent of the Council; take command of the police,
maintain order and enforce the law.
Section 3.02 SECRETARY OF COUNCIL. The City Clerk
shall act as Secretary of the Council. [He] The Clerk shall
keep a journal of Council proceedings and such other records and
perform such other duties as may be required by this charter or
as the Council may require. The Council shall choose such other
officers and employees as may be necessary to serve at its meetings.
In the absence of the City Clerk, the Council may designate any
other official or employee of the City (except the City Manager
or "a member of the Council) to act as Secretary of the Council.
s
Section 4.05. WITHDRAWAL OF CANDIDATE. Any person
whose name has been presented in the manner provided for in the
foregoing section as a candidate may, not later than twelve (12)
o'clock noon of the day after the last day for filing, cause [his]
such name to be withdrawn from nomination by filing with the City
Clerk a request to do so in writing, and no name so withdrawn
shall be printed upon the ballot.
ORDINANCE NO,
Section 5.05. FILING OF PETITION AND ACTION THEREON.
All the signature papers shall be filed in the office of the City
Clerk as one instrument. Within five (5) days after the filing
of the petition, the City Clerk shall ascertain by examination,
the number of registered voters whose signatures are appended
thereto and whether this number is at least five percent (5 ° s) of
the total number of registered voters the time of the last
regular municipal election. If [he] the Clerk finds the petition
insufficient or irregular, [he] the Clerk shall at once notify
one or more of the committee of sponsors of that fact, certifying
the reasons for [his] such finding. The committee shall then be
given thirty (30)• days in which to file additional signature papers
and to correct the petition in all other particulars. If at the
end: of that period the petition is found to be still insufficient
or irregular, the Clerk shall [file it in his office and shall) so
notify each member of the committee of that fact and file the
petition as an official City record. The final finding of the
insufficiency or irregularity of a petition shall not prejudice
the filing f a new
g .petition for the same purpose., nor shall it
prevent the Council from referring the ordinance to the voters
at the next regular or special election.
Section 6.01. THE CITY MANAGER. The City Manager shall
be the Chief Administrative Officer of the City [.He] and shall be
chosen by the Council solely on the basis of [his] training,
experience, and administrative qualifications The-choice shall
not be limited to inhabitants of the City or State [but he] The
City Manager shall be a citizen of the United States and [The
City Manager] shall be appointed for an indefinite period_ [and
he] The City Manager shall be removable by the Council at will,
provided however, that if removed at any time after one year of
service, [he] the City Manager may, within fifteen (15) days after
[his] such removal, demand written charges and a public hearing
on the same before the Council; but pending and during such hearing,
the - Council may suspend [him] the City Manager from office with or
without pay. Such public hearing shall take place within thirty
(30) days after the demand for the same and the written charges
shall be furnished [him] to the City Manager by the Council at
least ten (10) days before the hearing.. During the suspension,
absence or disability of the City Manager, or in case of a vacancy
in the office of the City Manager, the duties of [his] said office
shall be performed by some properly qualified person designated by
the Council as acting manager.
Section 6.02. POWERS AND DUTIES OF THE CITY MANAGER.
Subdivision 1. Subject to the provisios of this
charter, any Council regulations consistent therewith,
and other applicable laws, the City Manager shall control
and direct the administration of the City's affairs. [He]
The City Manager shall have the powers and duties set
forth in the following subdivisions:
Subdivision 2 [He] The City Manager shall see that
this charter and the laws, and resolutions of the City
are enforced.
ORDINANCE NO.
Subdivision 4. [He] The City Manager shall exercise
control over all departments and divisions of the City
administration created by this charter or by the Council.
Subdivision 5. [He] The City Manager shall attend all
meetings of the Council with the right to take part in
the discussion, but not to vote;'but the Council may in
its discretion exclude [him] the City Manager from any
meeting at which [his] the removal of the City Manager
is considered.
Subdivision 6. [He] The City Manager shall recommend
to the Council for adoption such measures as [he] the
City Manager may deem necessary for the :welfare of the
people and the .efficient adreinistration of the City's
affairs.
Subdivision 7. [He] The City Manager shall keep the
Co nc fully u it ful advised as to the-financial condition and needs of the City, and [he] shall prepare and submit to
the Council the annual bu g et.
a
Subdivision 8. [He] The City Manager shall prepare and
submit to the Council for adoption an administrative code
incorporating the details of administrative procedure,
and shall, from time to time, [he shall] suggest amend -
I -
ments to such code.
Subdivision 9 [he] The Cit y Manager er hall perform
such other duties as may be prescribed by this charter or
by law - -or required of [him] the City manager by ordinance
or resolutions adopted b the Council.
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P Y
Section 7.05 PREPARATION OF THE ANNUAL 'BUDGET. The
City Manager shall prepare the estimates for the annual budget.
- s f he
The budget sh l be d d shall include all the funds t
e a 1 b funds an s I
g Y
City except the funds made up of proceeds of bond issues public
service enterprise funds., and special assessments funds, and may
include any of such funds at the discretion of the Council. The
estimates of expenditures for each fund budgeted shall be arranged
- for each department or division of the City. The budget shall show
the income and expenditures classified in accordance with generally
accepted accounting The Cit Manager shall submit with
P g Y g
the estimates such explanatory statements as [he] the City Manager
may deem necessary, and under this charter, [he] the City Manager
shall interpret this section as requiring comparisons of the City's
finances with the two . revious budgets of this municipality.
P g P Y
Section 7.07 ENFORCEMENT OF THE BUDGET It shall be the
duty of the City Manager to enforce the provisions of the budget
as specified in the budget resolution. [he] The City Manager shall
not authorize or approve any expenditure unless an appropriation
has been made in the budget resolution and there is an available
unencumbered balance of the appropriation sufficient to pay the
ORDINANCE NO.
liability to be incurred. No officer or employee of the City shall
place any orders or make any purchases except for the purposes
authorized in the budget. Any obligation incurred by any person
.in the employ of the City for any purpose not in the approved budget
or for any amount in excess of -the amount appropriated in the budget
resolution or in excess of the available monies in any fund of the
City may be considered a personal obligation upon the person incurring
the expenditure.
Section 7.12. ACCOUNTS AND REPORTS. The City Manager
shall be the chief accounting officer of the City and of every
branch thereof, and the Council may prescribe and enforce proper
accounting methods, forms, blanks, and other devices consistent
with the law, this charter, and the ordinances adopted in accord
therewith. [He] The Y g Cit Manager shall submit to the Council a
statement each month showing the amount of money in the custody
of the City Treasurer, the status of all budgeted funds, and such
other information about the finances of the City as the Council may
require. once each ear, n or before the last day of June the
c o o ,
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City Manager shall submit an audited report to the Council covering
the entire financial operations of the City for the past year. Such
report, or summary thereof, shall be published in the official
City on or before Jul 31 of each ear.
Y Y Y
Section 12.02. OATH OF OFFICE. Every officer of the City
shall, before entering upon the duties of [his] the office, take
and subscribe an oath of office in substantially the following form:
"I do solemnly swear (or affirm) to support the Constitution of the
United States and of this State to discharge faithfully the duties
devolving upon me as (Mayor, [Councilman,] Councilmember, City
Manager, etc.) of the City of Brooklyn Center to the best of my
judgment and ability".
7 g Y
r Section 12.04. , OFFICIAL BONDS. The City Manager, the
City 'Clerk, the City Treasurer,,and such other 'officers or employees
of the City as may be provided for by ordinance shall each before
entering upon the duties of [his] such respective office or
employment, give a corporate surety bond to the City in such form
and in such amount as.may be fixed by the Council as security for
the faithful performance of [his] prescribed official duties and
the safekeeping of the public funds Such bonds may be either
individual or blanket bonds in the discretion of the Council. They
shall be approved by the City Council -, and approved -as,to form by
the City Attorney, and filed with the City-Clerk. The provisions
of the laws of the State relating to official bonds not inconsistent
with this charter shall be complied with. The premiums on such
bonds shall be ]ai4 by the City.
Section 3. This ordinance shall become effective after
publication and ninety (90) days following its adoption.
Adopted this day of , 19
ORDINANCE N0
Mayon
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 September 18,.1980)'
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CITY CP BROOKLYN CEN'T'ER
ORDINANCE NO.
AN ORDIMME AUZHORI ZIN3,3 THE CONVEYANCE CP REAL ESTATE FROM THE
1 CITY OF BROOKLYN CENTER TO BRANDVOIA CONSTRUCTION, INC.
THE CITY COUNCIL CP THE CI'T'Y OF BROOKLYN CENTER DOES HEREBY ORDAIN AS FOLLOWS:
Section 1: PREAMBLE
WHEREAS, the City of Brooklyn Center owns real estate adjacent to
the South line of Interstate Highway 94 in the vicinity of Chowen and Drew
Avenues; and
WHEREAS, Brandvold Construction, Inc. is developinq the parcel of
property lying Westerly of the City -owned property and said company has requested
that the City convey a portion of the City -owned property to them; and
WHEREAS, it is determined that the portion of property requested by
Brandvold Construction, Inc, is not essential for public use; and
WHEREAS, the City -owned property is zoned R -'1 (One- Family Residence)
but cannot be developed, in whole or in part, as a residential lot because the
i
size and shape of the property do not allow compliance with the City's Zoning
Ordinance requirements; and
WHEREAS, the portion of proper requested by Brandvold Construction
F Inc. can'best be utilized by combining it with the adjacent property owned by
P
Brandvold; and
WHEREAS, the City of Brooklyn Center and Brandvold Construction, Inc.
are participating in the platting of Jody Addition which includes both the City
owned property and the property owned by Brandvold Construction, Inc.; and
r WMRFAS, it is determined that the conditions set forth in Resolution
No. provide for equitab e ccmpensation for said property conveyance
It-is, therefore, determined to convey the following described real
estate to Brandvold Construction, Inc., consistent to Section 12.05 of the City
Charter
Section 2: Property Description in Terms of Conveyance
That the City of Brooklyn Center owned propertt described as that
portion of
The East 525 feet of the North 464.2 feet of the Southwest
Quarter of the Northeast Ouarter of Section 34, 'Township
119, Range 21 lying Southerly of the Southerly right -of -way
of Interstate Highway 94
which lies within Lot 1, Block 2, of the Jody Addition may be conveyed
to Construction, Inc. in of the conditions set
forth in Resolution No.
ORDINANCE NO.
The Mayor and City Manager are hereby authorized to execute a quit
claim deed or sai conve ance a ter a conditions of sale as set forth zn
y
Resolution No. 80 -244 have been satisfied
Section 3: This ordinance shall become effective after adoption and
thirty (30) days following its legal publication.
Adopted this day of 19
I
Mayor
ATTEST:
Clerk
Published in the official: newspaper
Effective Date
(Underline indicates new matter)
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j_
CITY CP BROOKLYN CENTER
ORDINANCE - NO.
AN ORDINANCE AUTHORIZINS THE CONVEYANCE CF REAL ESTATE FROM THE
CITY OF BROOKLYN CENTER TO CHARLSON RESEARCH FOUNDATION
THE CITY COUNCIL OP THE CITY OF BROOKLYN CENTER DOES HEREBY ORDAIN AS FOLTAWS:
Section 1 PREAMBLE
WHE UAS, the City of Brooklyn Center owns ' real estate described as
- follows :
The East 33 feet of Lot 32, Auditor's Subdivision Nadoer 218,
lying northerly of the following described line Beginning
at a point on the west line of Lot 31, said Auditors Subdivi-
sion Number 218, distant 340 feet North of the south line of
the North Half of Section 2, Township 118 North, Range 21 West
of e 5th Principal Meridian, which point is'also the north-
east corner of Lot 8, said Auditors Subdivision Number 218
w es t l ine e o f said Lot
thence northeasterly to a point on the w
33 distant 32 feet south of'the northwest_ccrner of said Lot
33; thence Fast, parallel with the north line of said Lot 33
and the same extended to the east dine of said Lot 32 and
terminating; all according to the United States Government
Survey thereof and the plat thereof on file and of record in
the Office of the County Recorder, in and for Hennepin County
Minnesota
parcel of
n
WHEREAS Charlso Research Foundation is the owner of the r
property lying Westerly of the City -owned property and said company has re
quested that the City convey the City -owned property to them; and
WIIMM, it is determined that the property is not essential for
public use; and
WHEREAS, the property can best be utilized by ccobining it with the
adjacent property owned by the Charlson Research Foundation; and
It is, therefore, determined to convey the following described real
estate to the Charlson Research Foundation, consistent to Section 12.05 of the
City Charter
Section 2: Property Description in Terms of Conveyance
That the City of Brooklyn Center owned property described as
The East 33 feet of Lot 32, Auditor's Subdivision Number 218,
lying northerly of the following described line: Beg inning
at a point on the west line of 31, said Auditors Rivi-
sion Ndnbdr lstant ee r ot the sou lne o
i the North Half of Section 2, Township r , Range 21 t
Of e 5th Principal Meridian, _w Mich point is o the nor -
{ east corner of Lot 8, said Auditors Subdivision Nunber ;
thence northeasterly to a point on the west zne of sal t
33 distant 32 feet E&u of e northwest corner ot saj Lot
3 thence East, parallel with e north iine ot sal
and the same extended to the east line of said Lot 3 an
ORDINANCE NO.
terminating; all according to the United Sta tes Gov ernment
Survey thereof and the plat thereof on file and of record in
the Office of the Cbunty.Recorder, in and for Hennepin County
Minnesota
may be conveyed to the Charlson Research Foundation in consideration
of the conditions set forth in Resolution No.
The.Mayor and City Manager are hereby authorized to execute a quit
claim deed said conveyance after all terms of the sale have been negotiated
Section 3: This ordinance shall become effective after adoption and
thirty (34) days following its legal publication.
Adopted this day of , 19
ATTES' ;
- Clerk
Published in the official newspaper
Effective Date -
(Underline indicates new matter.)
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Licenses to be approved by the City Council on November 3, 1980
CIGARETTES LICENSE
K -Mart Corporation 3600 63rd Ave. N.
City Clerk
FOOD ESTABLISHMENT LICENSE
Jeffery Krueger - ' T
Taco Towne Restaurant 6219 Brooklyn Boulevard 1..
Sanitarian
NONPERISHABLE VENDING MACHINES LICENSE
K- Mart,Corporation 3600 63rd Ave. N.
Coca Cola Bottling Midwest 1189 Eagan Industr. Rd. `''('
Perkins Cake & Steak 5915 John Martin Dr. l . A. 4UAaA_ _
Sanitarian
" MECHANICAL SYSTEM'S LICENSE
4 Dependalbe Heating Air Cond. 2615 Coon Rapids Blvd. h u
H. 0. Soderlin, Inc. 3731 Chicago Ave.
Buildin Official
RENTAL DWELLING LICENSE
Initial:
Clarence H. Isaacson 6801 Aldrich Ave. N.
Duane Erickson 7019 Dallas Rd. N.
Steve Jarnot & Vicki Daley 5335 Emerson Ave. N.
Mr. & Mrs. Kenneth Ready Jr. 1019 73rd Ave. N.
ra harl
Charles Rn . I I) 4 W
Ces Barnes' 5001 Ewing Ave. N.
Director of Planning
and Inspection
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