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HomeMy WebLinkAbout1966 11-28 CCM Regular Session r Minutes of the Proceedings of the Village Council of the Village of Brooklyn Center in the County of Hennepin and State of hd inneso ta November 28 1966 The Village Council met in regular session and was; called to order by Mayor Philip Cohen at 7:30 P. M. Roll Call; Mayor Philip Cohen, Earl Simons, John Leary, Howard Heck and Theodore Willard were present. Also present were: D. G. Poss, Roger Van House, Paul Holmlund, James Johnston, Charles Van Eeckhout, James Lindsay and Richard Cihoski. The invocation was offered by F ther Hillary of St. phonsus Catholic Church. Motion by Theodore Willard and seconded by Howa Heck to approve., the minutes of the November 21, 1966 ouncil meeting as recorded. Motion carried unanimously. Motion by Howard Heck and seconded by John Lean to approve the minutes of the November 23, 1966 Cou 11 meeting as record Voting in favor were: John Leary, Earl Simons, Howard Heck and Theodore Willard. Not voting; Philip Cohen. Motion carri4W. Chairman Robert Jensen and Co issioner Henry ucki of the Village's Planning Commission appearec before the Council to discuss with the Council the request of Hodne Assoc ates for additional Dompensation for work related to the "701" Planning Stud beyond the amoun of compensation specified in the "701" contract with the Village. The Planr ing Commission had, at its November 10, 1966', meeting, decided that Mr. Jensen and Mr. Bogucki should appear before the Counc I and explain the ommission's opinion that no further compensation be made to Hodne Ass iates beyond that previously approved by the Council on May 16, 1966, Motion by John Leary and secorxied by Theodore Willard that it is the final determination, based upon the recommendation of the Planning Commission and upon the further study f the issues involved, that the Administrator and Village Attorney be onte again directed tc tender to Hodne Associates an offer of final payment of all obligations relat d to the "701" Planning Study, in the amount of $866.32, said amount being based on 50% of the claimed "Non "701" Meeting Time" and 50% of the estimated "Sign Ordinance Additional. Costs ", both items being described in Mr. Hodne's previous communications with the Village. Motion carried animously. Mr. Poss then discussed with the Council a bill fro Hodne Associates dated September 7, 1966 for technical planning assistance esulting in a planning report regarding an application for rezoning submit ed by Thomas Wilder (No. 66023). It was noted by the Village Council during its discussion that its direction to Hodne Associates was to proceed with the stud on a per diem basis with a lump sum maximum charge of $250.00, but that notification should be given to the Village when the cost of the study h4 d reached $150.00. The Council noted further, that notification had been given to the Village through a phone call to Mr. Pops approximately two days p or to the delivery of the report, but at that time Hodne Associates had ahead exceeded both the $150.00 notification point and the $250, 00 total, but w s not sure of the exact amount of extra cost, so ':that the Administrator direct Mr. Heine to proceed with completion of the study and to send a letter of itemization following the completion of the study. The letter of itemization was sent by Hodne Associates dated September 7, 1966, in which a total of $444.15 was stated as the total due as cost of the study. Following a lengthy dis- cussion of the bill submitted by Hodne Associates, the following action was taken: -1- r Motion by Theodore Willard and seconded by Howard Heck that the amount of $250.00 be offered to Hodne Associates as total and final payment for technical planning assistance in relation to Application No. 66023. Motion carried unanimously. Member Howard Heck introduced the following ordinance, moved to waive the first reading and to declare a second reading, and further moved its adoption, provided however, that for the purposes of the minutes of the proceedings of the Village Council, the text of the ordinance shall be attached to the minutes and be a part thereof: CHAPTER 6 -• ADMINISTRATIVE CODE AN ORDINANCE ESTABLISHING AN ADMINISTRATIVE CODE FOR THE CITY OF BROOKLYN CENTER MINNESOTA The motion for the adoption of the foregoing ordinance was duly seconded by member Theodore Willard, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Earl Simons, john Leary, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. Member john Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 66 -316 RESOLUTION REGARDING PROPOSED EXPANSION PROGRAM —_ OF THE Y. M. C.A. - MINNEAPOLIS The motion for the adoption of the foregoing resolution was duly seconded by member Theodore Willard, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Earl Simons, John Leary, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The Council acknowledged receipt of a complaint for declaratory Judgement nt 7 g submitted b Josiah y J E. Brill, attorney for Donald Mason and Superamerica Stations, Inc. , as submitted to the district court of the 4th judicial District (in relation to Application No. 66030, amended). Motion by Howard Heck and seconded by John Leary to direct the Village Attorney to answer the Complaint for Declaratory Judgement of Donald Mason and Superamerica Stations, Inc., and take whatever legal action appears necessary to uphold the Council's previous actions on Application No. 66030 (amended). Motion carried unanimously. Member Earl Simons introduced the following resolution and moved its adoption: RESOLUTION NO. 66 -317 RESOLUTION APPROVING THE REZONING REQUESTED APPL CATION NO. 66069 The motion for the adoption of the foregoing resolution was duly seconded by member Howard Heck, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Earl Simons and Howard Heck, and the following voted against the same: Theodore Willard and john Leary. The foregoing motion failed for lack of a 2/3 majority vote. Motion by John Leary and seconded by Earl Simons to release the sub - division bond for Brookdale Manor Addition in the amount of $15 200.00. Motion carried unanimously. -2- Motion by john Leary and seconded by Theodore Willard to accept the recommendation of the Administrator and appoint Theodore Haugan as a part -time Teen Supervisor at Willow Lane Shelter at a salary of $2.50 per hour effective November 28, 1966. Motion carried unanimously. The bills having been audited, Earl Simons moved and Howard Heck seconded to order paid the bills set forth in the schedule dated November 28, 1966, and filed in the permanent record book. Motion carried unanimously. The Council then discussed the proposed zoning map and made certain changes thereon. Motion by Theodore Willard and seconded by john Leary to adjourn. Motion carried unanimously. The Village Council adjourned at 11:50 P.M. Mayor Clerk -3- CHAPTER 6 - ADMINISTRATIVE CODE AN ORDINANCE ESTABLISHING AN ADMINISTRATIVE CODE FOR THE CITY OF BROOKLYN CENTER. MINNESOTA THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DO ORDAIN AS FOLLOWS: Section 6 -101, STATEMENT OF INTENT. This ordinance, which shall be known as the Administrative Code of the City of Brooklyn Center, is established for the purpose of dividing the administrative services of the City into departments, offices and divisions, for the purpose of creating adminis- trative positions, and for the purpose of defining the functions and duties of each department, office, division, and position. Section 6 -102. ADMINISTRATIVE ORGAMZATION. The administrative services of the City shall be divided into the following departments and offices and heads thereof, and said departments, offices and positions are hereby created: City Manager's Office ............... . .. City Manager Deputy City Manager City Clerk's Office.... . .... . .... . ....... City Clerk Deputy City Clerk City Treasurer's Office ................... City Treasurer Deputy City Treasurer City Assessor's Office ................... City Assessor Deputy City Assessor Department of Finance ................... Director of Finance Department of Public Works ............... Director of Public ' U otks Department of Police.... e9e e . .. . .. . . ..... Chief of Police Department of Protective Inspection........ Chief Inspector Department of Parks and Recreation ..,... Director of Parks and Recreation Fire Department ........ . ....... . ........ Fire Chief Municipal Liquor Facility. . o o 9 e * e e o o o, Liquor Store Manager Assistant Liquor Store Manager Section 6 -103. AUTHORITY, DUTIES, AND RESPONSIBILITIES OF THE CITY MANAGER. The City Manager shall be the head of the administra- tive branch of the City government and shall be responsible to the City Council for the proper administration of all affairs relating to the City. The City Manager shall have the authorities, duties and responsibilities conferred upon him by law, the City Charter, and by City Ordinance not inconsistent with the City Charter. Section 6 -104 DUTIES AND APPOINTMENT OF DEPUTY CITY MANAGER. 6- 104.10. Duties. The Deputy City Manager shall, in the absence of the City Manager, perform all duties normally performed by the City Manager. 6- 104.20. Appointment The Council shall appoint by resolution a Deputy City Manager for such term as it may deem necessary. Section 6 -105 FUNCTIONS, DUTIES AND RESPONSIBILITIES OF THE OFFICE OF CITY CLERK. The office of City Clerk shall be administered by the City Clerk who shall be responsible to and appointed by the City Manager. The City Clerk or his deputy shall act as secretary of the City Council. The City Clerk shall have duties and responsibilities in connection with the keeping and maintaining of the City records and such other duties and responsibilities as may be assigned by the City Manager and the provisions of the City Charter. Section 6 -106 DUTIES AND APPOINTMENTS OF DEPUTY CITY CLERK. 6- 105.10. Duties The Deputy City Clerk shall, in the absence of the City Clerk, perform all duties normally performed by the City Clerk. 6- 105.20. _Appointment The Deputy City Clerk shall be appointed by the City Manager. Section 6 -107 FUNCTIONS, DUTIES AND RESPONSIBILITIES OF THE OFFICE OF CITY TREASURER. The office of City Treasurer shall be administered by the City Treasurer who shall be responsible to and appointed by the City Manager. The City Treasurer shall have duties and responsibilities in connection with the disbursement and custody of public funds and such other duties as may be assigned by the City Manager and the provisions of the City Charter. Section 6 -108 DUTIES AND APPOINTMENT OF DEPUTY CITY TREASURER. 6- 108.10. Dom The Deputy City Treasurer shall, in the absence of the Treasurer, perform all duties normally performed by the City Treasurer. 6- 108.20. Appointment The Deputy City Treasurer shall be 'appointed by the City Manager. Section 6 -109 FUNCTIONS, DUTIES AND RESPONSIBILITIES OF THE OFFICE OF CITY ASSESSOR. The office of City Assessor shall be administered by the City Assessor who shall be responsible to and appointed by the City Manager. The City Assessor shall have duties and responsibilities in connection with determining and establishing the valuation of taxable property, keeping and maintaining records consistent therewith, and such other duties and responsibil- ities as may be assigned by the City Manager. Section 6 -110 DUTIES AND APPOINTMENT OF DEPUTY CITY' ASSESSOR. 6- 110.10. Du,� The Deputy City Assessor shall, in the absence of the City Assessor, perform all duties normally performed by the City Assessor. 6- I10.20. AAnointment The Deputy City Assessor shall be appointed by the City Manager. Section 6 -111 FUNCTIONS OF THE DEPARTMENT OF FINANCE. 6-111.10. Financial i egos And Accounts The Department of Finance shall maintain all City ccounts and develop pall reports required by law or requested by the City Manager, and shall maintain and store the official City records of all revenue o=ollectfons, disbursements, and deposits. 6- 111.20. Accounting Methods All books and records shall be maintained in accordance with generally accepted accounting principles as set forth by the National Committee on Governmental Accounting, and in accordance with classifications prescribed by the State Public Examiner's Office wherever practicable. Section 6 -112 DUTIES APPOINTMENT AND RESPONSIBILITIES OF THE DIRECTOR OF FINANCE, 6- 112.10. Responsible to City Manager The Director of Finance shall be appointed by the City Manager and shall be responsible to, and under the supervision of, the City Manager for the management and administration of the Department of Finance. 6- 112.20. Financial Advisor The Directs shall be financial advisor to the City Manager, and shall assist the City Manager in the preparation and presentation of the annual budget. 6- 112.30. Financial Procedures The Director shall be responsible for the application of approved financial and accounting procedures and methods employed within the Department, and shall recommend to the City Manager accounting procedures to be adopted by all administrative departments. 6- 112.40. Reports The Director shall prepare, or supervise the preparation of all reports requested of him by the City Manager, or that are required by law. 6- 112.50. Additional Duties, The Director shall perform any additional duties that may be assigned from time to time by the City Manager. Section 6 -113. ORGANIZATION AND FUNCTIONS OF THE DEPARTMENT OF PUBLIC WORKS. 6- 113.10.. QManization,, The Department of Public Works slhall be composed of a Director of Public Works and the following Divisions and Division Heads: Engineering Division .........6909...... City Engineer Street Division • ...... 0 9 ........... 9 9 9 9 Street Superintendent Public Utilities Division ................ Public Utilities Supt. 6- 113.20. Function The primary function of the Department of Public Works shall be the planning, coordination, and supervision of all public works projects, and maintenance and operation of existing public works facilities, within the City. 6- 113.30. Engineering Divisi The Engineering Division shall be responsible for the planning and design of new public works facilities within the City. 6- 113.40. Street Division. The Street Division shall be responsible for the maintenance of the City street system, and for the maintenance of all city vehicles and construction and maintenance equipment. 6- 113.50. Public Utilities Division The Public Utilities Division shall be responsible for the maintenance and operation of the sewer and water facilities of the City as provided in Chapter Four (4) of the City Ordinances. 6- 113.60. Reports and Records The Department of Public Works shall prepare such reports as may be requested by the City Manager and shall maintain the special assessment record in accordance with procedures recommended by the Director of Finance. Section 6 -114 DUTIES , APPOINTMENT AND RESPONSIBILITTIES OF THE DIRECTOR OF PUBLIC WORKS AND DIVISION HEADS. 6- 114.10. Responsible to City Manager, The Director of Public Works shall be appointed by the City Manager and shall be responsible tot and under the supervision of the City Manager for the management and operation of the Department of Public Works. 6- 114.20. Engineering Advisor The Director shall be the engineering advisor to the City Manager, and shall advise the City Manager on all matters pertaining to public works. He shall advise and assist the City Manager in preparation of the Public Works portion of the annual budget, Section 6 -114 (Cont'd) 6- 114.30. Representative The Director shall attend meetings`, represent the City at official or semi- official functions, as may be assigned or directed by the City Manager. 6- 114.40. Ad�al Duties The Director shall perform any additional duties that may be assigned from time to time by the City Manager, 6- 114.50. Division Heads. The City Engineer, the Street Superintendent and the Public Utilities Superintendent, shall be underthe supervision of, responsible to, the Director of Public Works, and shall perform such tasks as the Director may from time to time assign. Section 6 -115 FUNCTIONS AND ORGANIZATION OF THE POLICE DEPARTMENT. The Police Department shall be responsible to the City Manager for the enforcement of all laws of the State of Minnesota and ordinances of the City. The organization of the Police Department shall be determined and established by the City Manager. Section 6 -116 DUTIES, APPOINTMENT AND RESPONSIBILITIES OF THE CHIEF OF POLICE. 6- 116.10. Responsible to City Manager, The Chief of Police shall be appointed by the City Manager and shall be responsible to the City Manager for the enforcement of all laws and ordinances in the City, and for the administration and management of the Police Department, and shall be under the supervision of the City Manager. 6- 116.20. Personnel., The Chief of Police shall be responsible for the training of police personnel. He shall directly supervise and be responsible for the operations of the department. 6- 116.30. Budget The Chief shall assist the City Manager in the preparation of the Police Department budget. 6- 116.40. Additional Duties The Chief of Police shall perform any additional duties that may be assigned from time to time by the City Manager. Section 6 -117 FUNCTION OF DEPARTMENT OF PROTECTIVE INSPECTION. The Department of Protective Inspection shall be responsible for the enforcement of all laws and ordinances regulating the construction and/or alteration of structures and facilities within the City. Section 6 -118 DUTIES, APPOINTMENT AND RESPONSIBILITIES OF THE CHIEF INSPECTOR. 6- 118.10. pgtie . The Chief Inspector shall be appointed by the City Manager and shall be responsible to, and under the supervision of the City Manager for the administration, supervision, and operation of the Department of Protective Inspection. Section 6 -118, (Cont'd) 6- 118.20. AddjUonal Duties_ The Chief Inspector shall perform any additional duties that may be assigned from time to time by the City Manager. Section 6 -119 FUNCTIONS OF THE DEPARTMENT OF PARKS AND RECREATION. The Department of Parks and Recreation shall supervise the acquisition and development, and provide for the maintenance of all public park property within the City, and shall develop and implement a public recreation program. Section 6-120. DUTIES, APPOINTMENT AND RESPONSIBILITIES OF THE DIRECTOR OF PARKS AND RECREATION. 6- 120.10. Responsible to City rat pager, The Director of Parks and Recreation shall be appointed by the City Manager and shall be responathto to, and under the supervision of, the City Manager for the management and operation of the Department of Parks and Recreation, 6- 120.20. Park and Recreation Advisor The Director shall be the park and recreation advisor to the City Manager, and shall advise the City Manager on all matters pertaining to park development and management and the program of public recreation conducted by the Department. 6- 120.30. Budget The Director and the Park and Recreation Advisory Commission shall assist the City Manager in the preparation of that portion of the annual budget pertaining to parks and recreation. 6- 120.40. Additional Duties The Director shall perform such additional duties as may be assigned from time to time by the City Manager. 6- 120.50. Relationship to the Park and Recreation Advisory Commission The Director shall attend the meetings of the Park and Recreation Advisory Commission and shall advise the Commission on the status of the park and public recreation program. The Director shall submit such information to the Commission as he may deem desirable, or as requested by the Commission. The Director shall serve as an exofficio member of the Commission, and perform the duties of Secretary to the Commission. Section 6 -121 ORGANIZATION AND DUTIES OF THE FIRE DEPARTMENT. 6- 121.10. Organization The organization, duties, and administration of the Fire Department shall be as set out in Chapter 5 of the City Ordinances. 6- 121.20. Duties. The duties of all officers shall be as set out in ordinance and the by -laws of the Brooklyn Center Fire Department. Section 6 -122 FUNCTION AND OPERATION OF THE MUNICIPAL LIQUOR FACILITY. The Function and Operation of the Municipal Liquor Facility shall be as set out in Chapter 11, Sections 201 through 207 of the City Ordinances. Section 123. DUTIES, APPOINTMENT AND RESPONSIBILITIES OF LIQUOR STORE MANAGER. 6- 123.10. _Responsibl4Ao City Manager. The Liquor Store Manager shall be appointed by the City ,Manager and shall be responsible to, and under the supervision of, the City Manager for the management and operation of the municipal liquor operation. He shalt be responsible for the super- vision and training of liquor store personnel. 6-- 123.20. Advisor, The Liquor Store Manager shall advise the City Manager in regard to the operation of the municipal liquor operation and recommend policy in regard to such operaiioni 6- 123.30. Additional Duties. The Liquor Store Manager shall perform .any additional duties that may be assigned from time to time by the City Manager. Section 6 -124. ADMINISTRATIVE POLICY. 6- 124.10, Ge neral Duties of Officers. Each officer listed in Section 6 -102 of this Code shall perform all duties required of his office by State law, City Ordinances, City Charter, and the City Manager. Sectton 6 -12 5. REPEAL. The provisions of Chapter 6 of the Ordinances of the Village of Brooklyn Center as originally adopted on June 22, 1964, as amended are hereby repealed, and this ordinance shall hereafter be known as Chapter 6 of the City Ordinances and the sections of this Ordinance numbered therein as designated. Section 6 -126. EFFECTIVE DATE. This Ordinance shall be effective from and after its passage and publication and upon conversion from Village to City government. Adopted this 28th day of November 1966.