Loading...
HomeMy WebLinkAbout1980 09-22 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER SEPTEMBER 22, 1980 7:00 P.M. 1. Call to Order 2. Roll Call 3.. Invocation 4. Approval of Minutes - August 25, 1980 Y 5 Open Forum 6. Final Plat Approval - Jody Addition The. developer, Mr. David Brandvold, has requested an opportunity to again discuss the requirement for installation of concrete curb and gutter on the two cul -de -sacs included with this plat. 7. Performance Bond Reductions a. Spec VIII building, 6850, 60, & 70 Shingle Creek Parkway b. Budgetel Motel, 6415 James Avenue North 8. Resolutions: a. Rejecting Bids for Contract 1980 -N This contract includes work on the following improvements: pedestrian/ bicycle trails in Central Park, Civic Center access, Central Park facilities, lift station access drive, and parking lot in Garden City Park. b. Approving Portion of Classification List "657 -NC" -This action refers to a residential lot located at 5344 Camden Avenue North. On March 24, 1980, the City Council withheld approval of the public sale of this parcel in order to allow consideration of the possible use of this property by the HRA. Subsequent consideration indicates it would be better to approve the public sale and private development of this property. c. Authorizing Filing of Application for Grant to Acquire and Develop Open Space Under the Provision of the Federal Land and Water Co ion Fund Act and the State Natural Resource Fund cL 9. Publi c Hearings a. Public hearing on special assessments which ought to be levied this year (8:00 p.m.) - Notices of the proposed assessments and of this hearing have been sent to the owners of all benefited properties. Notice of the hearing has also been published in the official newspaper. CITY COUNCIL AGENDA -2- 9 - -80 b. Public hearing on Project 1980 -24 (67th Avenue North storm sewer extension from Shingle Creek Parkway to Shingle Creek) Notices of this public hearing have been sent to all property owners within the area served by this improvement. Notice of the hearing has also been published in the official newspaper. 10. Resolutions Continued: a. Resolutions confirming special assessments • 1) Resolution confirming assessments for street surfacing improvement ` 1978 -27 (James Circle) 2). Resolution confirming assessments for water hook -ups S �/ 3) Resolution confirming assessments for sewer hook -ups 4) Resolution confirming assessments for driveway replacement 5) Resolution certifying delinquent public utility accounts 6) Resolution . certifying noxious weed cutting accounts 7) Resolution certifying diseased shade tree removal costs I��L Action on these resolutions should be considered following the public hearing. All assessments must be certified to,Hennepin County before October 10, 1980 for collection of the first installment to occur in 1981. .b. Resolution ordering construction of 67th Avenue storm sewer extension (Project No. 1980 -24) 11. Discussion. Items a. Request for tree plantings along North Lilac Drive between 50th Avenue North and Malmberg's Nursery, 12. Licenses 13. Reconvene Special Budget Meeting 14. Adjournment Member introduced the following resolution and moved its adoption: RESOIUTION NO. RESOLUTION REJECTING BID AND AUTHORIZING READVERTISE= FOR NEW BIDS (OONIRACT 1980 -N) WHEREAS, the City Clerk and the City Engineer have reported that on September 18, 1980, at 11:00 A.M., Central Daylight Time, they opened and tabulated bids received for Trails and Park Improvements, Project Nos. 1978 -42 and 1980 -04, 09, 22, and 23, and that only one bid was received as follows: Total Amount Zbtal Amount Base Bid Base Bid _ Bidder W /Alt. A - W/ Alt. B C. S. McCrossan, Inc. $471,747.80* $387,204.35 *Denotes corrected bid amount VMT-AS, it has been recommended by the City Engineer that said bids be rejected and that new bids be requested because said bid substantially exceeds the City Engineer's estimate and to provide an opportunity to obtain more compe titive bids. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of ' Brooklyn Center, Minnesota: 1). that the bid' of C. S. McCrossan, Inc. is hereby rejected. 2) the City Clerk shall advertise for bids for such improvements by publications at least once in the official newspaper and in the Construction Bulletin, the date of first publication not less than ten (10) days prior to the date for receipt of bids. Said notice shall state that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City Clerk in the amount of not less than five per cent (50) of the bid. 3) Bid date is set for October 16, 1980, at 11:00 o'clock, a.m., central daylight time. 4) The City Manager and City Engineer are hereby authorized to open and tabulate the bids. Date Mayor ATTEST: Clem The motion for the adopton 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 APPRC7JING A PORTION OF CLASSIFICATION LIST "657 -NC" WHEREAS, the City Council of the City of Brooklyn Center has received from the County of Hennepin, a list of lands in Brooklyn Center which became the property of the State of Minnesota, for nonpayment of real estate taxes, which said list has been designated as Classification List No. 657 -NC; and WHEREAS, each parcel of land described in said list has heretofore been classified by the Board of Commissioners of Hennepin County, Minnesota, as non conservation land and the sale thereof has heretofore been authorized by said Board of Commissioners; and WHEREAS, the City Council on March 24, 1980, tabled consideration of Plat 89225, Parcel 2970 (P.I.D. No. 01- 118 -21 -43 -0083) to allow consideration of a public use of said parcel; and pEERFAS, the City Council no longer wishes to consider a public use of said parcel. NCwJ, THEREE ORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, acting pursuant to Minnesota Statute 282, with reference to the above mentioned parcel, that said classification list by said Board of County Commissioners of the land described in said list as nonconservation land be and _." the same is hereby approved, and that the sale of said parcel of land be and the same is hereby approved. 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: A and the following voted against the same: whereupon said resolution was declared duly passed and adopted. f i -J Member introduced the following resolution and moved its adoption; RESOLUTION NO. RESOLUTION AUTHORIZING FILING OF APPLICATION FOR GRANT TO ACQUIRE AND DEVELOP OPEN SPACE UNDER THE PROVISION OF THE FEDERAL LAND AND WATER CONSERVATION FUND ACT AND THE STATE NATURAL RESOURCE FUND WHEREAS, the Land and Water Conservation Fund Act and the State Natural Resources Fund provides for the making of grants to assist local public bodies in the development of outdoor recreation projects; and WHEREAS, the City of Brooklyn Center desires to develop certain land known as Central Park, which land is to be held and used for permanent open space; and WHEREAS, in order for the proposed project to be eligible for approval, there must be proof that it is.part of a comprehensive outdoor recreation plan and 5 -year action. program (capital improvement); and WHEREAS, Brooklyn Center has an original or revised 5 -year action program which includes Central Park; and WHEREAS, it is estimated that the cost of developing said interest(s) shall be $75,000.00. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: } 1. That an application be made to the Office of Local and Urban Affairs of the State Planning Agency for a grant from the Land and Water Conservation Fund as amended in 1965 for an amount presently estimated to be $37,500.00 and the applicant will pay the balance of the cost from other funds available to it. 2. That an application be made to the Office of Local and Urban Affairs of the State Planning Agency for a grant.from' the Natural Resource Fund (Minnesota Law, 1979, Chapter 333, Section 31, Subdivision 3, paragraphs (j) and (k) for an amount presently estimated to be $30,000.00 and.the applicant will pay the balance of the cost from other funds available to it. 3. That the Mayor and City Manager are hereby authorized and directed to execute and to file A) such application.and B) the 5 -year action program with the State Planning Agency, Office of Local and Urban Affairs, and to provide additional information and furnish such documents as may be required by said Agency, to execute such contracts as are required by said Agency, and to act as the authorized correspondent of the applicant. ..� 4. That the proposed development is in accordance with plans for the allocation of land for open space uses, and that should said grant be made, the applicant will develop and retain said land for designated in said application and approved by the Office of Local �' "` and Urban Affairs and the H.C.R.S. RESOLUTION NO. 5. That the United States of America and the State of Minnesota be, and they hereby are, assured of full compliance by the applicant with the regulation of the Department of the Interior, effectuating Title VI of the Civil Rights Act of 1964. 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. 0 Member introduced the following resolution and moved its adoption: i RESOLUTION N0. RESOLUTION CONFIRAING ASSESSMENTS FOR STREET GRADING, BASE, AND SURFACING IMPROVEMENT 1978 -27; PUBLIC UTILITIES WATER HOOKUPS, PUBLIC UTILITIES SEWER HOOKUPS, AND DRIVEWAY REPLACE MENT COSTS BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follcws: 1. The City Clerk has, with the assistance of the Engineer hereto- fore selected by th Council for such purpose, calculated the proper amounts to be specially assn --d for the improvements known as the improvements listed above of said City ='ist every assessable lot, piece, or parcel of land in accordance with the visions of law, and has prepared and filed with the City Clerk tabulated sta �;�nts in duplicate showing the proper description of each and every lot, piece, or parcel of land to be specially assessed and the amount calculated against the same. 2. Notice has been duly published as required by law that this Council would meet in regular session on Monday, September 22, 1980, to pass on the proposed assessments. 3. Said proposed assessments have at all titres been open to inspection and copying by all persons interested, and opportunity has been given to all in- terested persons to present their objections, if any,"to such proposed assessments or to any item thereof. 4. This Council finds that each of the lots, pieces, or parcels of land enumerated in said proposed assessments was and is specially benefited by said improvement in the amount of said proposed assessment set opposite the description of each lot, piece or parcel of land, and that amount so set out is hereby levied against each of the respective lots, pieces, or parcels of land therein described. 5. Such proposed assessments are adopted and confirmed, and the sums fixed and named in said proposed assessments are affirmed, adopted, and confirmed as to the proper special assessments for each of said lots, pieces, or parcels of land respectively. 6. Said assessments as adopted and confirmed shall be certified to by the City Clerk and filed in his office, and shall thereon be and constitute the special assessments for the payment of the above listed improvements. 7. The amounts assessed against each lot, piece, or parcel of land shall bear interest from October 1, 1980, until the amounts have been paid at the rate of eight per cent (80) per annum, unless the entire assessment is paid within 30 days from the date hereof. Resolution No. . 8. Such assessments shall be payable in equal installments beginning in the year 1980 payable on the 16th day of November in each succeeding year and continuing until all of said installments shall have been paid, each installment to be collected with the taxes collectible during said year by the Director of Finance of Hennepin County. A. Street Grading, Base, and Surfacing Improvement No. 1978 -27 in fifteen (15) equal installments. B. Public Utilities Water Hookups in twenty (20) equal installments. C. Public Utilities Sewer Hookups in twenty (20) equal installments. D. Driveway Replacement Cost in seven (7) equal installments. Date Mayor ATI'E.ST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by manber , 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. f Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYIDE DEL=Un7T PUBLIC UTILITY ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the records of the Public Utilities Billing Department lists certain accounts as delinquent for the year; and WHMEAS, the consumers have been notified of the delinquency according to legal requirements; and WHEREAS, State Statutes 444.075 authorized certification of the delinquent accounts to the County tax rolls for collection; and WHEREAS, an assessment roll has been prepared tabulating those properties where a delinquent public utility account is to be assessed with the amount, includ- ing interest and service charges, to be assessed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1) The assessment roll of delinquent public utility accounts is hereby adopted and confirmed. 2) The assessments as adopted and confirmed shall be placed upon the 1980 payable 1981 tax rolls by the Director of Finance of Hennepin County to be paid in one annual installment with interest thereon at eight percent (80) per annum, the first year bearing fifteen months interest. 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. Menber introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION CERTIFYING DELINQ= NOXIOUS IN= CUTTIM ACCOUNTS FOR 1980 CUTTIIU TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the Weed Inspector of the City of Brooklyn Center has caused noxious weeds to be cut down on certain properties within the City under the authority of Minnesota Statutes, Section 18.271; and WHEREAS, the owners of record of the properties involved were notified in writing by certified mail of the work done and the costs and expenses involved at least thirty days prior to September 22, 1980, in accordance with individual notice provisions of Subdivision 4 of Section 18.271; and WHEREAS, on September 22, 1980, there remained unpaid certain of these weed cutting accounts; and WHEREAS, an assessment roll has been prepared tabulating those properties where a delinquent noxious weed, cutting account is to be assessed; and WHEREAS, Section 18.271, Subdivision 4, authorizes the certifica- tion of delinquent weed cutting accounts to the County tax rolls for collection. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1) The.delinquent noxious weed cutting account assessment roll is hereby adopted and confirmed. 2) The Director of Finance of Hennepin County shall place the assessments therein enumerated consisting of weed cutting costs and expenses, and penalty thereon at eight per cent (80) on the 1980 payable 1981 tax rolls. 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 rroved its adoption: RESOIZITION N0. RESOLUTION CERTIFYING DISEASED SHADE TREE REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the Tree Inspector of the City of Brooklyn Center has caused the removal of diseased shade trees on certain property within the City under the authority of Minnesota Statutes, Section 18.203; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for Diseased Shade Tree Removal Costs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: 1. The City Clerk has, with the assistance of the Engineer hereto- fore selected by this Council for such purpose, calculated the proper amounts to be specially assessed for the improvements known as the improvements listed above of said City against every assessable lot, piece or parcel of land in accordance with the provisions of law, and has prepared and filed with the City Clerk tabulated statements in duplicate showing the proper description of each and every lot, piece or parcel of land to be specially assessed and the amount calculated against the same. 2. Notice has been duly published as required by law that this Council unuld meet in regular session on Monday, September 22, 1980, to pass on the pro- posed. assessments. 3. Said proposed assessments have at all times been open to inspection and copying by all persons interested, and opportunity has been given to all interested persons to present their objections, if any, to such proposed assess- ments, or to any item thereof. 4. This Council finds that each of the lots, pieces or parcels of land enumerated in said proposed assessments was and is specially benefited by said improvement in the amount of said proposed assessment set opposite the description of each lot, piece or parcel of land, and that amount so set out is hereby levied against each of the respective lots, pieces, or parcels of land therein described. 5. Such proposed assessments are adopted and confirny- and the sums fixed and named in said proposed assessments are affirmed, adopted and confirmed as the proper special assessments for each of said lots, pieces or parcels of land respectively. 6. Said assessments as adopted and confirmed shall be certified to by the City Clerk and filed in his office, and shall thereon be and constitute the special assessments for the payment of the above listed improvements. 7 The amounts assessed against each lot, piece or parcel of land shall bear interest from the October 1, 1980, date until the amounts have been paid at the rate of eight (8%) per annum. Resolution No. 8. Such assessrrents shall be payable in equal installments beginning in the year 1980 payable on the 16th day of November in each succeeding year and continuing until all of said installments shall have been paid, each installment to be collected with the taxes collectible during said year by the Director of Finance of Hennepin County, A. Diseased Shade Tree Removal Costs in three (3) equal install- rents for assessments totalling less than $300.00. B. Diseased Shade Tree Removal Costs in five (5) equal install- ments for assessments totalling more than $300.00. Date Mayor ATTEST: Clerk The notion 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. The Mayor announced that the meeting was open for the consideration of proposed Storm Sewer Inprovement Project No. 1980 -24. The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks' publication thereof in the official newspaper, the last publication being on September 11, 1980, which affidavit was examined and found satisfactory and ordered placed on file. The Mayor then called upon all property owners present to present arguments either for or against the proposed improvement. After hearing and considering all objections, and the property owners appearing in favor of said improvement, nvirber introduced the following resolution and moved its adoption: RESOLUTION NO.. I RESOLUTION ORDERING STORM SEWM E PROJECT NO. 1980 - BE IT RESOLVED by the City Council of the City of Brooklyn*Center, Minnesota, that it is hereby determined that it is necessary and for the best interests of the City and the owners of property specially benefitted thereby, that the following improvement shall be constructed: Project No. 1980 -24 Storm sewer on an easement from Shingle Creek Parkway at its intersection with 67th Avenue I�brth westward approximately 1,750 feet to an outfall in a drainageway, said drainageway to be constructed approximately 900 feet in length and con - necting to Shingle Creek. The estimated cost is $280,850.00. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by mapber , 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. i Licenses to be approved by the City Council on September 22, 1980 ITINERANT FOOD ESTABLISHMENT LICENSE n � udy Sodemann 6024 Camden Ave. No. Earle Brown School P.T.A. 5900 Humboldt Ave. No. Sanitarian RENTAL DWELLING LICENSE Initial: Dean K. Stendal 5456 Emerson Ave. No. The Ponds Partnership 5400 -5422 Ponds Dr. No. The Ponds Partnership 5426 -5448 Ponds Dr. No. Robert Harenza 2926 53rd Ave No. Renewal: Gale W. Pierce 5960 Brooklyn Blvd. Lloyd J. Waldusky Georgetown Park Townhouses Robert M. Lindblom 5538 Colfax Ave. No. Richard Weicht 5301 Dupont Ave. No. Dion Properties, Inc. 5740 Dupont Ave. No. Gary D. Anakkala 5412 Fremont Ave. No. Milton R. Carlson 610 53rd Ave. No. Jack & Elizabeth Fahrenholz 620 53rd Ave. No. /.(�'` -' Director of Planning and Inspection CITY OF BROOKLYN CENTER ORDINANCE NO. 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 private 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 hour's] 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 final passage. Section 4.01. THE REGULAR MUNICIPAL ELECTION. A regular municipal election shall be held on the first Tuesday after the first 14onday 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 i.n 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 holding it. At least three (3) weeks of weekly published notice of a special election shall be given in the official newspaper. The procedure at such election shall conform as nearly as possible to that prescribed for other municipal elections. Section 5.02 EXPENDITURES BY PETITIONERS. No member of any iniEiative, 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 for legal advice, stationery, copying, printing, advertising 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, and all disbursements and all obligations to make disbursements. Any violation of the provisions of this [section] paragraph shall constitute a misdemeanor. Section 5..09. INITIATION OF CHARTER AMENDMENTS Nothing in this charter shall be construed as in any way affecting the right of the registered voters, under the constitution and 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 the text of the proposed amendment 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. 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, 1967.1 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' publiishea 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 un til 90 days after passage and publication or at such later date as is fixed in the ordinance. 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 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 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, Subdivision 1 through 3 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'bv 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 [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 private con - a i i ies reasonably needed all f c l t sumers or both.. It may construct Y 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 special election. The operation of all public utilities owned by the City shall be under the supervision of the Director of Public Works. Section 1.1.04. LEASE OF PLANT. The Coa ._il may, if the public interests will be served thereby, cont: with any responsible person, co- partnership or corporation the operation of any utility owned by the City, upon such renta:. , and conditions as it may deem necessary; but such contract shall be embodied in and let only by an ordinance approved by [the Council and 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 wzo sza 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 office prescribed by this charter or by Taw, (2) [violates] violation of any express prohibition of this charter, (3)[is convicted] conviction of a crime involving moral turpitude, or (4) [fails] failure to attend three consecutive regular meetings of the Council without being excused by the Council. A vacancy ORDINANCE N0. 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 be held 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. [He] 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 of 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. 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 (50) of the total number of registered voters at 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 i petition as an official City record. The final finding of the insufficiency or irregularity of a petition shall not prejudice the filing of a new 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 Tanager shall be a citizen of the United States ana [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 provisions 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 administration of the City's affairs. Subdivision 7. [He] The City Manager shall keep the Council fully advised as to the financial condition and needs of the City, and [he] shall prepare and submit to the Council the annual budget. 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- ments to such code. . Subdivision 9 [He] The City Manager shall 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 by the Council. Section 7.05. PREPARATION OF THE ANNUAL BUDGET. The City Manager shall prepare the estimates for the annual budget. The budget shall be by funds and shall include all the funds of the 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 principles. The City Manager shall submit with 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 previous budgets of this municipality. 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 City Manager shall submit to the Council a f 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 year, on or before the last day of June, the 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 newspaper on or before July 31 of each year. 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 ". 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] prescribe 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 Cleric. 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 paid 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 NO, 40 Mayor ATTEST: Clerk Published in the official newspaper i Effective Date (Brackets indicate matter to be deleted, underline indicates new matter) (Published in the Brooklyn Center Post September 18, 1980)