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HomeMy WebLinkAbout1976 06-28 CCP Regular Session ✓ . °' 21 Roll j uac-,! 14, 1975 City Council Acknowledge No oa,,. Claim � y ,eig .SboS.!Ei,odA 'k. 1.1evelop.i2den Pl:a.' 7. De s >�,.r ion. of ChaMV. A Ord , nai; e Revision (7 p.m j S. Rescdutions: a,. C��mmenejlrkq public Service i b 3 1 .nyi!ig Planning s alon dip 6im;9s 15. No 76C)08 by ca. AtAhc izing Expenft icure ion Beh if of Bi -.-n n.n.fa C"xnmi.» Aon j of f. {lt;$;atoX°i4 ik° g ` PaY3sfe."e from 4 L , �,..ze «1,e A Furl lm*gwrding Consurae. Cos Reform Act of 1976 h ti T � 4..c ;o St �''�'.f jl �r ep {{ oj� 7F, N(, 1976-1 ire. - n � . .2.a (..`.S� �ng 1./aY,.Ss pld.iler..l:grii of �Sd:,y�... ;.. t3 ( ' t �(4.5�? 2 �: � 6i�.c �. - Vy, ).f` 2 . 77yg �'�;4�'+st`�;.'�. �,+s, '�� �¢,.. `•"S r a ,E�v,, are. jA q l" ja j#�,, �.. �:,•. ➢txCl �at: rd �.l� 4 �.9 r Pro) �� c, r 17 1 on, 'i 4 " e LS o , ?6 "{ 9 !�® 4 ,... .�l�,;l LiLS �._`•✓�K: �'4.. ��l .r �. n.�J .1.: n� # e�. E Z r�. •. (R PTnj ,� X n ��x i`��'E � %�� ...l:�x�'lt�'F��;"a�r�t� �`��� ?ed ➢£; !' � =., t!, s , No., /50, 5 by Jad:3� b, Ap No. 76011 by Dr. Schell cs. hppLicanicn, No. 9 b y r { .X y l +� NO y um d "• ,;¢:.. X)y I'4 ° p ' v �y ` S k. rk���.JB..JeSLFn. a �'�?n, t ' u (J*3 Ei i.'f 13 e1�a�?, -,. ..t �.3 ice• °Jb YO d�.nS.�1& ;. } Stare r F 3 3 y vhf i. CITY MANAGER'S COMMENTS Item 5 Acknowledge Notice of Claim It is recommended that - the City Council acknowledge receipt of a claim notice and -refer same - to - the City insurance carrier. Disposition_... Item 6 Approve Neighborhood Master Development Plan The Director of Public Works will be prepared to describe a neighborhood mater plan recommended by the Planning Commission for properties located between 68th and 69th Avenues North from , Lyndale to Bryant Avenues North. Disposition Item 7 Deliber tion of Charter and Ordinance Revision Ordinance and Charter revisions pertaining Ito the Fire Department issue are scheduled for City Council deliberation. Disposition ` t Item 8a Commending Public Service (2) The attached resolutions are recommended for the purpose of commending the public services contributed by Turk and Recreation Commissioner Karen Hendrickson and by the Brooklyn Center Jaycees. Disposition__ ` . Item 8b Denying Planning Commission Application No. 76008 submitted by David Faddler The attached resolution is recommended for the purpose of disposing of Application No. 76008 as directed by - the City Council Disposition CITY MANAGER'S COMMENTS Page 2 Item 8c Authorizing Expenditure on Behalf of Bicentennial Commission The at mhed resolution is recommended for -the purpose of authorizing expenditure from the 1976 budge` on behalf of a Bicentennial Commission project as authorized by State statute. Disposition Item 8d Authorizing Purchase of Mobile Radios The attached resolution is recommended for the purpose of ;authorizing the purchase of mobile radios as authorized in the 1976 budget in the total amount of 83,500. Disposition Item 8e Amending 1976 Budget The attached resolution is recommended for the purpose of encumbering Revenue Sharing; funds prior to expiration of an entitlement period deadline. I will be prepared Monday evening to further explain the detail Disposition__ Item 8f Authorizing Transfer from Revenue Sharing Fund to General Fund The attached resolution is recommended for - the purpose of authorizing money transfer from the Revenue Sharing Fund to - the General Fund. Di sposition Item Bg Regarding Consumer Communications Reform Act of 1976 The attached resolution is recommended for the purpose of expressing to the Minnesota Congressional delegation the Brooklyn Center Council's concern regarding certain federal Communications Commission regulatory changes. Council members have been furnished with a memorandum and extensive background material on -he details of - the issue. Disposition CITY" MANAGER'S COMMENTS Page 3 Item 8h Ordering Construction of Improvement Project No. 1976 -1 The attached resolution is recommended for the purpose of ordering construction of Improvement Project No. 1976 -1 In the event the public hearing is declared successful. Disposition Item 81 Ordering Construction of Improvement ;Project No 1976 -2 The attached resolution is recommended for the purpose of ordering construction of Improvement Project No. 1976 -2 in the event the h public hearing Is declared successful. Disposition Item 8j Ordering Construction of Improvement Project No. 1976 -3 The attached resolution is recommended for the purpose of ordering construction of Improvement Project No. 1976 -3 in the event the public hearing is declared successful. Disposition Item 8k Awarding Bid for Contract No. 1976 -A Bids will be opened Monday, Tune 28, for Contract No. 1976 --A and a resolution averding a bid presented Monday evening. Disposition Item 9 Improvement Project Hearings on Projects 1976 -1, 1976 -2® & 1976 -3 Public hearings for Improvement Projects Nos. 1976 -1, 2, and 3 have been scheduled for 8 :00 p.m. Disposition CITY MANAGER'S COMMENT Page 4 Item 1la Amending Chapter S The ached ordinance was first read on June 14, 1976, published on June 17 1976, and is recommended this evening for second reading and adoption. Disposition Item 1lb .Amer -ding Charter An ordinance draf will be presented Monday evening which gill incorporate the Charter Commission's recommended Charter revision. Disposition_„_ r3 Sher introduced the fallming and RES CLUTION'NO. RESOLUTION ESSING RECOC,,NITION OF AND APMCMCK F WHEMNS, the Brooklyn Center Jaycee* have pvdod1caUy co.nmt; ily - wjdo survey* intended to measure the attitudo of the cftUw of c�k t a ,enta r relative to T,,atters of community concern: and HERLA S, the Taycees, under the directLon of W. Me inc , s uc' a su rve y ing the s nqof 1976 p � t hat , ir. chid.* t o i ss vt� - -: (` of - :ii nd#. cant imp ♦ C importa 6o the City of Bm s : t Cantor, L WHEREAS, the resists of this sup 4vy were ;ira& —an tiv meaty Ir on June :. , 1976; a EIREAS ? the Tic service a civA c -tff d.'" o pla Jayce g - af s Fide C1 the CA "' Zen s of %rwkl�a cemte -1. N OW I THMEFORE , SE 17 R£SO ±+'T:D by Me -My " of cif'' , "(.�ie ded;",tae pub,U4 se of h Br (x* Cw.tw Jaycee eficrts ate: c u -Ung e-s Cimjar ity tud6 Survey to r E- cognized and by City of qr:)ok ; ' Mayor ATTEST- Clark T. 1 hiF 'r ; ; .5 w'4 . fo..� the ti..ft9lic R- »SL wNs &'. ' d .41�Mis'6d ; t duly . s econded f k, ia. y TBI rg T'eab'b`a x' ,; ia4uFR .fr' It"LC'5wa: Member trl�roduced the followina resol it@ RESOLUTXO* NO. RESOLUTION WRESSING RECD ION OF AND APPRSC FCC' TH EI F F..UBJI EIt' CE CF ri S. if a WHEREAS, Ctrs. Karen HeYadriakeon named are a me mber of the iMW Rorre6lSon Con. Mission fa*m Ootobw, 1973 throUgh jUno ,1976' WHEREAS, her devotion to the tasks and respon sibilities of this Owdssion c vmributed substantially to the sound progress and developmen of the City; and WH EMS, her public tovice tad` of cc mmuni ty merit the gratitude of the citizens of Orooklyn Center: i NOW, THER-EFORE BE IT RM LVM by the City Cam of the City of Brookltvn Center that Th dedIcated pnMi sendcoof Mrs, so a me. r of the P and Recreation Cosivievion and citften is rec mized and apprect ted by the City of Bmklyn Cefter. i Date Ma a;A Clerk 1 rye 'notion for vhe ado of the forei:tiag reso . wait duly s ecaft&W by memb,, r and upon rote ea theroft fo " toted in is :r feed v ere:, por ,aid :,: escl,� was deok.a.rtd duly Pasmed and adopted. a .E ftzc� to follo rezolvUoz aad w-*vod its RESOLUTION NO.,,�a,,........ RLSOLUTION REGARDING DISPOSITION OF PLANNING APPLICATION NO. Y6008 8USUMM BY DAVID FADMJM AM WHMEAS, AWIcation No. 76008 was submits David Paddler oft January 14, 1 976 requesting as variance from Mapter 35 of the Ctty ter as to h'--Od a single family dweller on a substandard lot at 5326 Bry Avenue North and a variance to permit an eight font side yard setback rather than the t e, foot - athazk, and WHEREAS, the City Council, alter duly called pub hearing denled th a requ for a side yard _ setback variance on May 24, 1976 through solution No. 76-67; and WHEREAS, after r wwd dismission by the P esto City C. xincil, and after I e.1 publication and fie h ° s, Ordiumee Ida. 76-7 was adopted on May 24, 1976; and WHERFA said Ordiniaw amss 35 ®500 (Substandat Perrz;�.$) t t:te extent that the r4hlee3 ;a.vW at 5326 bryard Avwme Iftith MW s rn kaa . 1, As of record could be develoy s e with a single fanilly _ dwsllWg i apFilca�de yard setba starAards are sr zy�?, tha iijitlit9on l0 73M , r regLe'*1 q a Varlarce tv penut conerucubmOf a dwalum 014 a oubstamia - is hereby dan sir,--e the CLrcumstances uq= whIch tho requaSt was fo urAid beq ;n rem %�ved by Date Mayor " CIS* The motion for the ad pul of the &x &1Y soomdad by r eink - -:ez am upon ate b4dM4 ftkox , vatted in flavor the nf6 and the followtnq voted ekst the "gin ?'' whereupon saki resolutita was declatsd duly passed o in th f *Uowin makdlm and me -*wed its a L"1OLLMO:V dam • : EESOLUnON AUTHORIZING BACKUP FUNDS IN AN AMOUNT 3 C1& EXCEEDING $ ? - FOR THE Bt WHEMS, aapter 411, Mlapemota Session La 1975 gomn- mentail units to contribute money to any duly appvved BioeiftenrAa groW b0 be u ,�d soae4y for pr ojects which axc smaplIsh a pu blic a,- and WHERLAS, than Brooklyn Canter 31cerate ` l Commission is a duly a Xmmod 4 WHEREAS, than Bicarktannial Commission s planned variou B loorlennial pa o' e.; *.: (x the. iixacoming r.,intha, Intended to be fIrAnced through aXamorsUp and la -e sire of mementos; and "hTIEREAS **- WcwUnrUl Cb m-alvalm to in ne#d ci backup , In an e: ount ,`xt to ex ceeid $750 to ash R +t the** vorlous pr �)3ac* i;� nniay be - 'Wize d. N, , ,')W , THEPJ,7FOPX, HE s(, ,�, that Cl cll a s &utho: by Ch i!' �1 of m ws, JJ175. " De te .... sag A 171 S, Cl * via i l e the &nd Vh * t i'MoV i 3 o V agalai tt qqppyy jj , .,per g p, W � g� a ; �y, }k i�7 a:. DJ,. O•w .1 ".,d. 78 'a 1.GS�i.v d `'SW ��- :l vla.: gl �3`. a a ad . ie Ird th fbUowino nsabdim am , moved its adoption: RESOLU"t ON NO RESOLUTT(DN AUTHOFLMNO PUR,C ME CP BUDGMD M OKLX RADIOS THROUGH COOPRIkATra PURCHMNO 2 WHEREAS, the City of Brooklyn CentW Is authorized to is In lo)nt purchasing; and EREAS, the City of Mound on. Monday, March 8, 1976 ' at 2:00 p.m. reee1. hAds, for the furnishing of lase station and mobile radlo system and WHEREAS, the Mound fifty +Cminci4 awarded bids to the low bidder, kir Comm C ompany , , 76 Moreland Avenue East, S¢. Piaui, Minnesou with the alvka of the Director r o f the Hennepin County Department of Communications; an 11 ER S, the City of Mcrjnd's spe elfications authorized purc of .rn radios at the hid price kr othar ._ .� � �,�tal � �rS�dii+�a�. NOW, TMEFOM, U IT iRES` - XVED t1ito aty c4aw.C11 Of the Cft 4w Broo r'y.i Center to authorize the fwcha.se of five budgeted mobile m4fas from Ar, Coznpaxly, pursuzzit to ooaxt!re;°t with tune City of Mound Asa O S m t peT r a,dia uaait insftted, amo t :g to a total of $3,095.50. AT7EST n Gl Tl. for the adopt^or, of the f' "gig 0iut , wa duly by r'. e � ni , 1 1 qd SS a 'w g tak6a thwwa. the Vn favor thereof" a da d .JI.e4A as i.'a. 7 jL�0 V: woe d RESOLUTION NO. WHEREAS, Section 7,,11 of the City Charter does provide the City C ` cil *. "JI! - i;:thr_'ria.y to make permanpnt transfers between all fund which may be A 4: Oil . provide that such transfers are not Inc onsistent with the provisions of covenants, the provistons of the Ctt,� Charter, or State Statute; and WHEREAS, funds are avallable in the FMEPA REMUE SH&UN FUND irl ti: ar un° Of &t feast $30,000 to he tm mf g fAL FIM Vow t ICE T? THEREFORE RESOLVED by the City Council of tM City o7t &roctlyn r unit r , Minns sou, that the appropriation in that 1976 GENERAL FUND BUDGET f Street Construction and Maintenance Division (Dept. #42) Street Nisirtanance ?.2e .nrials (r3bject Code #'4234) be in by $30,000 to provide for tht Purcher, cno. €inn materials necessary to further accelerate the City's stgvay. veal Prog-l; r ; and B `l" FURTHER RESOLVED that the Increatted appmpriation shad be f.n&rcad by F "edeml Revenue 3haxtzw. Funds hnd Wt funds In the F _ ,' =" 3 RT.NC F UND Rhall be enaumbame.. xr4 the am.w. ",.nt of RE Fe FURTHF> RESOLVED that the actual tmr°sfer of : WW be s bul':erple.ni basis at Such time, a'nel by a ncil "reaolutler when tho GEN F I C) r fads for the a-g1r )g°ar jion& e;eatlarizced. Date ATT I"S Ctark The X30d0n 'of the adoption of the ft: >re rescfisa n me* duly s ftnWW*d by rMnber , and ijppv vote bolngtoken th f* UowUV pa ther wb° ere L. poll sa td ra i. t a d*Ci1.WrWA ftly posed an Member introduced the foUaw rosolutim and moved its , . O1,>>i"1 ION N 0. " T "VIMEREAS Sutton 7.11 of the City Charter does provide the City Cbwacll wi.'th, f ;.:ai juthc- ty to make permnent transfers between all funds which may be rEY<w� 9�?;t ViAt such transfers are not inconsistent with the provi sions at {eb ' the pn. visions of tire, City Charter, or State Statute; a nd W HLRFIAS, on October 7, 1S74, the City Council adopted Resolutio No. 4 _ r'i wtachl pm ved the 1975 Amtua1 Budget for the City and encumber i f.?�7EtWI, RE" l.W �NIIE SMRG s i 1-ho ae , $67 -ft Vie M EVI FUND subsequent tr th*,axpwtAItwv of Aaws by the GMML MND in se.ld I 'M An. -Aw.1 Budget, and W� ER E ,, �,YA u � t 18, 1975, Ccurtcil authorized rei s of rn&de t tz't`ugh that date i;t the anwunt U $39,2 79.43; ". g on, Dwvom6er 22, 1975, aut of exile ,eft res - aad ma,de tl" u i�:h t hw Utsy ia th Ze140.36 ` .URZA cartel r. :*,M re -been aL boTwe t s GIXMVAL F= D ?� t F, SE! prevIz s.)p 1 ed ` ' tham am* 4* follow l 6 17 V 4., l.v :p '\```�pf� // 3 A r j pya N 2-3 ... 7 6 C*1C) 7 Sh 11,S "ICe1)3V 1nsg'vLt 81 ,Adep Plant 6-14 ..T_ -� °� b ,� � c � ,. C ?'l Re awface W. L Too" Courts 6-9-75 1Su23 t i'ar4 13 MGM Off. 1 Z1 *. Typwwriter 4 -25-'° 1r7 77 4 B ui'& i4" SiR 3 Womillm Reader i 1 ,a ._ 32 82 u _ y, f,I '+ ' :tea' e� e^ct 1 EB g spow i L - 5-75 318 6 F. 9 54. -1 , Martt;oxory Wid 1 100 7V li5111.17�10 , 1 1 'I41 21'$. ;N" me r T. ah A & X "I - ®'.; 25. 3; 3 SC. "'I ?M- tee ZrAo 1 -} C 5141 3 < &1 4fsC 0zw z ' t ' INK" & Submago ftop Unit 5 -1 - 7 2 ? 5, d ,� � � �' ' { Y, ";t v-# U I Me 1 Rae, t +ee Kitt -my Radi i Rx.S'CiI.'UTIO - 11 1 fl. W HEREAS, on October 6, 1 7 5. the City Council ad apted Resoluti Nei - 44 - Approved the 1976 Annual Budget for the City and encumbered DI RE'VE"St11: SI AK'N funds in the amount: of $173,529.00 to be transferred G-`: sE.�-.A L FUND subsequent to the, expenditure of funds by the GENERAL FU ND foi appropriations in sold 1 976 Annual Budget; and , "0, on Januaty 26, 1976, April 5, 1976, and June 14, 1976, the adarsted Resolutions numbe.red 76 -26, 7657, and 76 -77 respec- ti° Y�r s� h arm -e ded the x.976 Annual Budget for the City; an encumber x :EDI RAL R'EVENUE SHARING funds in the tonal t of $6,002.00 to 6oktransfaTed to t xe G MERAL FUND subsequent to the expenditure of funds by the,G ENEM FUND in said 1976 Annual Budget; and �A- 'VFREAS, certain t wpendltures have be-4n made from the GENERAL FUND. i 3 -�y are as follows: 4- r;' - 76 It C30 199. 0,,, Addo - X - I cakule or 4 112 - -` F, 103662 ` 392.25 Basiness Turn. S Chair* 4- 7 103732 196.94 Bastne s Pm. 2 Chain 5 -24­ - c 145 2 88 813.73 Law EMweemem Mug Camen & Voice Gun 4 -12 -76 103733 12,884. Xten ch v. 3 Squa Cars - 22 -T 082695 h 3 Squ&d Car 117785 356.2:' Mid-Gantrei Fire & Safety 1 Scott Tester 4 - 2 76 1 210.'00 Akins Ptre Equip. 5 Pr. s 5-2 4. - -76 145721 1c .,ICWC.c� cyder.-Murphy zinu I ?trod ftUer 4-12-7 1 "37'2 a , 71.54 Wevele Recreattm, 11 Nuchos, %qu ip 4 Sun Dwks 5 11 351.OLI Medalion Indus. W, Ir c . 3 WwWo Chairs - 9--76 005093 630.E0 Ixryztsrt Sh Into Lq. Tme Plants 4-- ?.C.i - -7 117 809 4 y, �� , .y( ,,� a 1 Van .yj� .r;i5 -76 dL.4460 Y 3. ,�� c.Mo.! R :d Mbc M yy� euy S` p les 1 Brash Chipper ) -22--76 082344 568.03 Mef.ced en & 29ulp. 4 Air CylivAlers 4 - i O3 21 199.00 A,ddO -x 1 Cal culauw 6-14 -7 1.5602:1 19S ,. Add*--X 1 cal culaw . 7;T 11 d 775 7 % r'm`I � Les Ga . TWO IraffAs Tables 48 2a8 4': E : 1 HERLTORE RE.SfJLVED by !ha City Council of the City of Brooklyn Cf? , to transfer the amount of $59,038.50 faom the FEDERAL REVENU SHMNG UNE to the GENEMIL FUND. µ D M ayor ATT EST' r Clerk mot� for t .lie aid <�pticr. of the foregoing resoluuon was duty seconded by nee -,ber ® and upon votii bpInq Uken thereon, the folloWUV vote 417" favor �hieratof. br- d ile lowing voted agatnat the same: , ,;�± ;F> ,r, said resolution as declared duly passim and a do Member Introd=W the Wowin nsolutlan and :escvad its adopUon: IM OLXMON NO. RESOLUMIO N REGARDING CONSUMER COMMUNICATIONS REFORM AC T OF l 97 F WHEREAS, the Fedwal Communications Commission has PrOmIgatod ;°u es and regulations which could adversely sly affe3ct the overall cosu of , tela phone service in M innesota to the detriment of Minnesota con sumers: WHERDAS, the Consumer Communications Reform Act of 1976 calls upon %Cor►gress to exercise its prerogatives to st udy and enunciate the tale cc mar.unica.tions policy of this nation: NOW, THEREFORE, BE IT RESOLVED t the City Council of the CIty of Brooklyn Center suppoft the lalinmo ash ' l in a dvo -:� ti,ng the Cons umer Oo mmunicztions, Refcvm Act of 1976, wtd cells fx Congressional review of telecommunicatlons policy and cont inuation of the philosophy that telephone service should be readily available to nitizens at reascmable rates BE IT FURTHER RESOLVED tvit copLos of We roso lutior. �o mem.bers of the Minnes0ft Con4pesslonal delega Date �..... Mayes A111 T Cl The n'Io'iinn for he ad ' : of the ft!'eVofaq r*s.o ut- , was *41y secaW 'tne iofl o wtrg voted in Ca "' ?rr the -03f• and the foxlg??ia ing voted ags inxt t3he 3emsa wherw i pon said ro soluttl was ' A ddy passad wA odx@We, I'he Mayor announced that t� ineeti.ng was open for the con- of proposed Street Grading, Base & Surfacing Preject1976_Z. .:'.e Cle. produced an affidavit of publication of notice of heari r,.: on the proposed improvement: showx,nfy two weeks' publication the� in the official newspaper the last publication being on ,;;t� f:�A 19 - 1 1 6 which affidavit was examined and found Batas - f,. tr`a'y and ordered placed on file, >e Mayor then called upon all property owners present to ,r e�sr all arg, =ent either for or ag;aigxst the proposed improvement. .,; ?:f:r :. ri .. F and cunsiderir!g all objection g, and the property Cv. tE'r S <: *i€' >2ari.I g in favor of saiLd dm 'rovement, member trtrc dn,i.ce the �i resolution and moved its adoption: Ff.SOLUT�.OtS t:C. r �.iT,UTLt I ORDERING COMcTRUCTTON CAF STREET GRADING,' & cjURF:�C T MPROVEME N T P ROJEcr N o. 1976-1 - -- E3L: 1T kESOLVI p by the City Council of the Cl ity of Brooklyn (e , 4 t° t.3_rIiesota, that it is hereby determined that it is necessary `GY ttlea a st znter est..s of th e City and the owners of property sre } e� refitted thereby, that th following improvement shall be c ns :r < • Protect No. 1976 --I ric'; t. Grading, Ease & Surfacing an Woodbine Lane ° 1. ,n iPprc)ximatel y 498 :Feet east of Bryant Avenue -c Camden Avenk e North. < <.. r.: c ;rr for the a. <io ti. on cif c f eax'e ±o z �; resolution was duly . :sit! =d i y Me'I:`'ber and I.I on vote being t aken voted ib1 3`.)or �.hereo.f . td, X71 �_tst 2llg lYC >'ivl ci t.lp 7" regime: duly T`a s s'a'd and a de pted The Mayor annoiunc,�d that the meeting was open for the con- S AL .r.'t' i :'1 ) of r %ropr)sed St seer C:radi,ng Base & Surfacing Project 197t� The Clerk produced an affidavit of publication of notice Cif: on the proposed .irpro slowing two we eks' publication An t'nc Of f iCial newspa_,e -r, the last publication being on .4, 1976 which affidavit was examined and found sat'is- 1 actory and ordered placed on file. The "Minyor than called upon all property owners present to r,!uments either for or agiinst the , proposed improvement, .r; ; and, consi:derin ;; 4 oLjections, rind the property e -A r i r n fav r of sa . member ; �o.�.l owin�? I"�E?:iz` lull C�n and moved Bd lt5 adoption: RESOLU70I0t. ORDERING C7;NIS RUCTION CSR STREET GRADING, B ASE & SliRFAC ING IMPROVEM P ROJECT _VO. 1976 - BE ST RESOLVED by the City Counc of the City of Brooklyn :e?rt% r Minnesota t hat it: is her eby determined that it is neces r; t + best int- erests of -he City and the owners of property z e ; : i ,;° :,enef itted thereby, , the ce following improvement' shall be ;:Y C3 , Yrc i ect tdo 1976-2 •t re�t gZ;adI Act', 'base & surfacing on 72nd Avenue North S: ow, appxoximiatel -r :.::; fe,= : east of Aldrich Court: to t'arudc ._:n Avenue " o: t h . �e e!stima.ted cost is IWISoo i ayor for the :. dopt lt.rn of ��':�. 'ore gc:.n r�'solution was ('.Ulv per c rv! upon vote teing taken ?. iit' • , •n the f c?'l:,ok:.ing voted, in .c vor t of ; tl E xl + �•''.s° F1 V a Cw h +. si r S"Ydi resa'�,at'1ti)1 WRTS CIPClaved duly pas and adapted y y � 1 the following, PESOU710N NO, yt T � �-y �pT �e �vp s... �- v.. F:-. y..-. f-.+ ,.. A......- r..t��.v�.......�...„.,�g��;��e GRADING, �y1P ;. ��+. V.'�DE �..4.+�.YS [L'ya�,..d .L0N OF STREET 4.7.L ADING, ! ` ".R Ar i I'C IMPRoVE T PROJECT no 976-3 WMEREAS, Resolution No, '76 -74 , adulated June 14, 1976, S treet Grading, Base & Surfacing Improvement Project a P W111-:F ,S said project was requested by 100 of the property xC-T t ing upon the street named as the location of the improve -- Sectio 429,0 of the INUnnesota Statutes grants; to the City Council to order ar. improvement without a pail .ic hearing when a petition signed by 100% of the property owners F ;r•6:. �en Rd to t3,e Couiaci.l.. 11tiQW, 'THEREFORE, BE IT RESOLVED by the City Council of the Cc'- Ite`..', K3.nnesc.t.a as *:.GJls.{3ws; i s The Cou c l :1 finds and determines that said petition; was I, s igned. by all owm ers of' .re-al property abutting upon the street named as the location of the improvement. 2) the Council deter- minc-:s that no public hearing is necessary for the improvement. It is hereby detemm fined that it is necessary and for ,the best interest of the City and the owners of Pro et•ty specially benefitted thereby, that the following improvement sha"l be "con2st .► .� ed F are e, t Tom ., 1976-3 West: of Camden Avenue from 57th Avenue Forth to the N.S.P. pros±ert;y m The estimated cost is 30® C per: ,.� iunt , cin for the adoption of the foregoing resolution was duly �. • :, , Inv member _ � and upon vote being taken voted in favor there^ t4%Ilowinq voted against the same: resotut ' on was declared duly passed and adopted. R� ` #k# Member' introduced`th6 following on a F 1i " and moved its adoptions , t 4k C t RESQLUTI E { RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM k Y # * ( STREET GRADING, BASE & SURFACING CONTRACT 1976 -A) . i ' WHEREAS, the City Clerk and the City Engineer have reported r that on June 28, 1976, at 11;00 a.m., central daylight time,, they - u.a opened and tabulated bids received for Contract 1976 - including; i k Street Grading, Base & Surfacing Improvement Projects No. ; 1976 -i,,` z 1976 -2 and 1976 -3; and that said bids were as followas , Y ' 1) Minn -Kota Excavating, Inc. $ 32,438,? g 2) C. S. McCros Inc. 36, 467.00 µ. } ?` 3) Northern Asphalt 4) Hardxives, Inc. r 5) Matt Bullock Contracting. Co., Inc. 39,493.54 6) Alexander Construction Co. 44,206.00''' , a NOW, THEREFORE, BE IT RESOLVED by the City Council`df the'; City of.Brooklyn Center._that the bid of Minn- Kota Excavating, Inc.* in the amount of $32,438.75, as to furnishing of all work. and material in connection with the above mentioned improvement $A projects, according to the plans and specifications therefor no *,cm V _ file in the office of the City Clerk, is deemed to be the lowest,. and _t best bid submitted for said work by a responsible bidder, and said bid is hereby accepted.{ � BE IT FURTHER RESOLVED to authorize the Mayor and City':3ftna9er to execute a contract with said bidder. z , Y + Date Mayor ATTEST s , Clerk for the adoption of the faregoin+g resolution w$s duly seconded by member and upon vote being taken thereon, the following voted in favor: thereof= " r a nd the 'following voted arainststhe_�t��. i s where tpc3n- said resolution was declared duly passed and adopted. "i X l x o , i 1 ( 5 � r' Member'` introduced the i followin resolutl" p ry and f ved its adoption: t 9 K'. a i r - RESOLUTION' NO b ; .. f RESOLUTION ACCEPTING BID AND APPROVING CONTRACT MRM (STREET GRADING, BASE & SURFACING CONTRACT 1976 -A) ` WHEREAS, the City" Clerk and the City Engineer have reported' E4. that on June 28, 1976, at 11:00 a.m., central daylight time, they T opened and tabulated bids received for Contract 1976 - A} including`;` Street Grading, Base & Surfacing Improvement Projects No.,1976 -1,�� 1976 -2 and 1976 -3; and that said bids were as follows: 1) Minn. - Kota Excavating, Inc, $ 32,438; ?� 2) S McCrossan, Inc, 36,467.0 0. s 3) Northern Asphalt 38,228.50 4) Hardrives,Inc. 38,818.22 i Y i + 5 Matt Bullock Contracts Co. Inc. `} 6) Alexander Construction Co. 44, 206.0(} f, NOW, THEREFORE, BE IT RESOLVED by the City Council of the': ". City of.Brooklyn Center that the bid of Minn -Kota Excavating, - Inc ♦r; in the amount of $32,438.75, as to furnishing of all work, labor, "•v` and material in connection with the above mentioned improvement proiects, according to the plans and specifications therefor now - #' fife in the office of the City Clerk, is deemed to be the lowest,and best bid submitted for said work by as responsible bidder, and said bid is hereby accepted. t' ; BE IT FURTHER RESOLVED to authorize the Mayor and Citf']"man4ger t.. to execute a contract with said 'bidder. n , + r . A t� Date Mayor, „ ATTEST t ryas ; Clerk 4 y y R y. . + Thmno, on for the adoption of the foregoing resol it}n was duly" k seconded by member and upon votes being taken ` thereon,'the following voted in favor thereof:; :. ._ and the following voted against _the : sass• t whereupon said resolution was declared duly passed and ad©pted,': ` h ` - _ t fi `, S� k 4 u y k �� a ,r • F x� ax CITY OF BROOKLYN CENTER 01MI NANCE NO. ' r AN ORDINANCE AAtE1Lf)INCa C'HAPT'ER 5 ORD INAN CE'S REL A TIVE TO T H E FII'tC1M adz' VOLU NTEER FIRE l')EPARTMEN'y .. a THE CITY COUNCIL OF THE C`,IT`tf OF BROOKLYN CENTER DM ORDAIN AS F01,1.(s , { z 1. Thf• following sections of Chapter 5 of the City ordinanees 11re? hert+y rflpex:alyd: Sections5 - 101: 5 - 102•, 5 - 103; 5 -104; anal 5 (3) a SECTION 2. Chapter 5 of the City Ordinances are amended by. 4he addition >>f the following: lip t is tht °sur > c Of thiq ordinance to provide for and maintain a RTr)Tursif•c'f 1v'ir I3ep:jrtrrc•jjt c omprised of part tixne 'members: ertion 5 - 101 • ESTABLISHME AND CONTINUATION, Pursuant to the Cfaarter of the City of Brooklyn Center, in � or-;or to prevent and suppress fires, to protect lures and '7 E property within the City, and to promotes the health, safety and welfare of its citizens, the City Council of the City ot., � '1 q:�' ► Brooklyn Center, hereby continues and establishes a Depart - ment of City Government known as the Brooklyn Center Volunteer Fire Department. Presently existing appointments raf all Fire Department Personnel shall remain in fall force -i I offr, rt. C)F_.1 INIT'IONS ANT) G F NEHAL PROVISIONS. The term Firctighter shall include all member's of the Fire Department. (b) R- sidency: All Firefighters shall reside wtthin f ric ty. Pr (0 A Li mitation: All Firefighters must he 18 years -i age or older f {) Tietirernert Firofifrhters -hall retire at cage 56, i),rovided however, that Virf-i:p,hters who were members`' i of the Fire Department on ;Tune 1, 1067, may serve ! i e age? 60. te) Carr �i� nt: The Complement of the Fiaae De5 lam Shall consist of not more than 40 Firefighters, which nw' nber R; n. rn t ?,, �.lte• red b y Vesolutif n of the City Co upon recoan•': _ x rlvr'4'jai, n ()f the Fire Chief. The Complement sloes n ot x: E in,l+. de Probationary Firefighters, th. e number o f which XS ithin the discretion of the Fire Chief. " "r M Fire C'hief; A Volunteer Firefighter ehosen to � Yt t,f tht Fire Depar tment. (g) Aggrieved Person- The Firefighter- affected by an appola tnertt,;" rejection,' su s pension, demotion, discharge or other act of suss City Manager from which an appeal is provided.' , Oi'e C1r, l tnt °m The N ritten simimrar5 of a discussion ' of h utaj+ c t n►atte�r, uniformly cc-inclae-ted with all applicants, z c ��altir�€f in a composite numerical aeore which shall receive no anoreficin 60�(, weight in the appointment or approval. si) 3'4 Sg)nno1 1repor A compilation of jots- related performance: btari!ia rti.s including length of service, number of mee!t1Pgsss. � drills and fire calls attended, h our$ of fire. txikiss ing w 1, � • <'� disc iplinary actions, commr- ndations service awards, and other . sir dl,a r performance standards, resulting ' in a com site numerical ' ! ; kr:r %0lich shah receive no more than 601 weight in the satppoint ` r ,, ( , it or ,- ipprovaal,. 1 C j) T'{ F Report: A Report assessing those, personal q�.:alitie s rrc. ;latvd to the successful performance or the job for ; xi - iich the a is being considered, resulting i n a composite ntimeri score which shall receive no more than 2t�r , w*eigbtt sl0 , the appointment or approval. f - 00 Fact Finding Hear ing - A hearing before the City Council desik;nod to establish the facts underlying 'a judgment or decision. il? ! l:as a Fire Depar•tlnent members shall be classified as f1r�:ha i,'- .:at I ircfiphtors. pwqular Firefightt rs, Inspectors, and fm P Otfk rtre nepartment officer sa sssal A11 e•on of a Villo + met. _�1t_l 'V_:_a -,st ant Fire Chief, one or more 'district C"hirfss and Captains, ;a Fire Marshall and such other officers deemed necessary by the ° ire ("hi-f, all of whom ..91vill br Regular Firefighters, 9 v 4' - f -2 i m (n) Det ermination of Merit and Fitness: The appointment "per' res --it forth herein small determine merit and fitness and-shall be the E- xclusive procedures for that purpose. (o) C`r°itvrica of Merit and Fitness: The subject matter covered 1 n Oral Interview Pers onnel E P ! 'te oart and Peer Evaluation ehnlY be cornpil(ld b the Fire Pepartment with the assistance of the, City' s ,Administrative Assistant for Personnel and shall be sa;kx3ect mtatter and 1<he rroce te#` or `. rim Vt t rt discipline, line, suspension and removal shalt comply with State and Federal Equal Employment Opportunity laws :end Regulatd®ns. geetion 5-1 #3: Pft )BATIONAHY FIRE FIGHTFfi.S. � Yrt b.ationniry I'ir °t fiF;t.:c rs --gall he appointed :are! rlrss lril^ed by the following: (a) Recruitment: When the Fire Chief shall determitnles.A, that "additional Probationary F"irefightet's are requOrl ` and the number sn required, the Fire Chief shall cause public n otice thereof to be p osted at five public places throughout the City and publisheo din the official ' r newspaper of the City, said posting and publishing to continue for three conger..vtive weeks. In addition thereto, the Fires Chief, with the aid of the City's Administrative Assistant for Personnel shall develop and implement an affirmative action program designed to bring these employment opportunities to the attention of all citiz eps of B e� gin c eg incl �p q�.q��g�q �yyq/� �} Yk 4 ♦ n. i� PTni " co �� 71 it V 1i 0.; ^O �. • � yr..'�'w{' }•.,• . i Act and the Begulaations of the Equal Emptayrnent Oppoitunity Commission. • 4 ,. j ``a� ,�,.'7e O ft c • ' • * t. Z iA 3 Te!z of Applicants- .applicants for Probationary F i r efighters t dl satisfactorily pass a physical exam. (c) Oral Intervi rt and Person R rt: .UrsUalftt t(�` . LAVWt4_. r . governing the intern of affairs the Fire Depart�te`nt, the ter. 4 Departmfl .shall conduct with each applicant, job related personal inttorviews .ind investigations and shall prepare a written Personnel Ilr•port and an Oral Interview Report based thereon, which .act forth ot)Jo ctiv statfTm of the appl icant 's job- related qualifications or lark theroof and which may contiin a. ranking of all applicants in onlpr of prf- rerence. ( _ IpE o intme n t or Probationary Firefighters: The Oral Interview Report awt the Personnel Report shall he forwarded to the Fire Chief who 4h, appoint or reject the applicants within 30 clays upon the basis Of rwrit yawl fitn ess, nutifying tiin City Manager of the . . Oe_ ctsion 'the Fire Chief shall forward the (oral 'Interview Reports and Personnel Reports to the City Manager who shall approve or reject the appoint- Monts within 30 days, upon the basis of merit and fitness, notifying the Fire Chief of ttir decision. Thr Fire, Chief ,shall so notify each applicant in writing. � e (e) _ ARE coal: Any person aggrieved by the City Manager's approv*1 or rejection may, within 10 days of written notice of said appointrTiOnt or rejection, file a notice appealing said decision to the City Coatcil for .i fact finding hearing. (f) Ihiti The cfcities of Probationary Firefighters shall be the trry ining for and execution of fire suppression and prevention activities under the direction of the Fire Department as prey srrihed by the Fire Chief. , F 4� -4- f AA : t , cJion 5 - RI' GM AR FIR EFIGHTERS. H egmlar F °irofighters shall be appointed and described as follows: (a) Recruitment: Regular F irefightlTis ; athall ,, be a 6 .-, ' from the cadre of Probationary Firefighters with mre than 6 months service. Wien the Fire Chief shall ` , de termine that additional regular Firefighters are re- q uired to fill the authorized Complement, and shall rte-for -h ire the number so required, the Fire Chief shall give personal rnotice, thereof to each Probationary Fire- fighter with more than 6 months service. Such Probationary Fit 'tvhters wishing to make application for `appointment to + the position of Regular Firefighter shall so notify the Fire thief within 20 days of such notice. W Oral Interview Report and Personnel Report- Pursuant to �! the By- Dawes governing the internal affairs cif the Fire Do- partni( rat, the Fire Department shall conduct with each applicant, job - related interviews and investigationg and the Fire Department shall prepare an Oral Interview Report and p p P P I a written Supplemental Personnel Report based thereon, , which sets forth ob j ective statements of the app licant's J ob -�elx d qualifications or lack thereof and which may contain atE infj of applicants in order of preference. �. ir) Appointment of Regular Firefighters: The Oral Interviews Report and the Supplemental Personnel Report shall be for- warded to the Fire Chief who shall reject or appoint the _applicants within 30 slay., upon the basis of merit and 'fitness notifying; the City Alanager of the decision. The Fire- Chief shall: f orward the Oral Interview Reports and Personnel, Report to the City Manager who shall approve or reject the 'appointments x ithin S0 (lays upon the basis of merit and fitness, notifying the Fire Chief of ' the decision. The Fire Chief shall so notify each applicant in writing. 4 F s e < E , l (aid A� Any person aggrieved 'by the City Manager approval •r I'(1jc'e°tion , may, within 10 nays- of written notice of said dappoin'nnt-nt or rejection, file a notice a ppealing said decision ors Cio City Council for a fact finding hearing. (e) D , ides: The duties oT the Regulsr`Firefighters shall be the training for and execution of fire suppression an p revention , aetivities as proscribed by the Fire Department under, the.,—,'. direction of the F'ir'e Chief, S-ctic�n 5 -10 -5. INSPECTO (a) Eligibilit All Regular Firefighters whose Personnel; y w *aw Rep(-rt adequately demonstrates the applicant's knowledge �• . and proficiency in dealing with State and Local Fire Codes,; fire prevention techniques and methods, drills, exercises and training methods together with such other skills, knowledge, and characteristics deemed necessary to carry p) the fitities of an Inspector, are eligible for duty as art Inspector. Applicants may he tested and separately qualified for fire inspection or for the conduct of drills or'for exer cises and training maneuvers, or any other specialized Duct l ► Assignment. (b) Duty Assignments All eligible Firefighters wishing to be a ssigned duty as an Inspector shall notify the Fire Chief in writing, stating' whether, they prefer fire inspection ; or :the conduct' of drills, exercises and training. maneuvers. ` Eligible Firefi< raters shall be given duty assignments on a - rotation, lottery, or random selection basis. (c) T. mitation on !_peaty Ass ments: The Duty Assignments of Inspectors shall be lixnitt� the funds _ authorized therefor , in the Fire Department's annual budget. (d) Duties: The duties of Inspectors shall be, in addition to the duties of Regular Firefighters, ; th conduct of drills, oxk�rcises, and tratix*.�ng maneuvers, and the perforating of inspections as ,directed by the Fire Chief in accordanc with the By -Y.aws of the _ internal affairs of the Fire Department. Section 5-100. OFFICERS (a) Eligibility: Any Regular Firefighter with a minimum of three years of service is eligible to become an Officer. (h) Duty A.ssig meats: In accordance with ' the By ws of the internal affairs of fhe Fire Department, the Fire Chief. select' Officers from among the a iigibld�` Re i � A'x e ` 4 and ansiXn stich duties to them as are deemed nWhaegs try. '�.•- ( c) Duties- The duties of Captains and District Chiefs selected by th( Fire Chief. , from the Pegular Firefighters shall be the supervising anti directing of fire suppression and prevention a` ope rations and other. activities as the Fire Chief shall deem necessary. (,� } t.xception This section shall govern the selection of all officers except the: Fire Marshall, the Assistant Fire Chief and the Fire Chief. ' 1 , a y a n e x -7— S (acti 5 -107. ASSISTANT cHiniF AND Ft MARSHALL. Orw A istant Chief and ony _ e Marshall shall be a� )T)()intefi,to ;a term of 4'3c�za�s anct'ahall be described as follows: (sa) Recruitment- Any member of the Fire Department Complenneut havin more than C years service as a regular fire firefighter Is c�ii riillc to be appointed Assistant Chief or Fire Marshall, sub ject to perform inc•e standards set by the . Firs► Department for attendance at fire calls, meetings and drills job- related newt -ation and training qualifications, knowledge of Fire Depart -` rent procedures and knowledge of applicable fire codes, Ninety days before the end of a' tense of office of the Assistant Chief or Fire Marshall, the Fire Chief shall post notice thereof for a period of 4 `reeks at each F ire Station. Any eligibles member of the Fire Department, Complement wishing to rz.ake application for appointment to the position of Assistant Chief or Fire Marshall shall so notify the Fire. Chief in writing within 10 days of the posting; of the final notice stating the position for which application is made. ` (L} Or al in terviews Reports and Personnel Reports and Peer 2�t3 ation itepc�rt5; -- - -- ion R -- Pursuant to By -Laws governing the inh Anal affairs of the Fire Department, the Fire Department sh,01:conduct with each applicant, job - relaters Oral Interviews and investigations and the Fire Department shall prepare a written Supplemental Personnel Report, an Oral Interview Report 1114 a',Peer Evaluation He pert based thereon which set forth objective statements of the applicants Job-related qualifications or lac!: theroof and which may contain a ranking of all applicants in order of preference. Appointment of the .Assistant Chief and the Fire ]Marshall: The Oral Interview Report, the Peer ]Evaluation ]Report and than Supple - mental Personnel. Report shall be forwarded to the Fire Chief -who may conduct further interviews either personally or by a panel of qualified persons as forth in Section 5 -108, Paragraph (d) of this Ordinance. The Fire Chief shall appoint or reject the applicants within 30 days on the basis of merit and fitness, notifying the City Manager of the decision. The Fire Chi ef shall forward the feral Interview Reports, the Deer VAuation Reports, and the Supplemental Personnel Reports to they City Manager who shall approve- or reject the appointments ' .� -30 days upon the basis of inerit and fitness, notifying the F Chief of the decision. Failure of the City Manager to so appoint or reject within 30 days shall constitute the City Manager's . groc•z ivnt to the #Fire Chiefs appointment. The Fire Chief shall .;o ne,tify each applicant in writing. a- .wrwJry +ems nm* �:. �,:- r. rx.;• av++,,..... m:., w=.. a_ a.,._. �.., .....:.ewn.. *:.du+ee.cuc:e�o.: xat+ra ° ;ds.sua._<,� „ ��,,,,,, ,�, ,;Allirl H! Oyu of 3 `i z ai d r . H hit LI tor, rindw ie . 1 l Ol of It shal be the duty of .p g daD,.f'?t'' f�i� `•,.�i ' "Y3�`` nutahorit-y tg,) ffar! h dire hl ief and i - aAr 0 d , f tye, s, tsk� yri , :'f''t' ;t'Ia / i M pp��. �y 3 p{ �g , `5? p xg � g9yp�g '.4 {.+,.. +' F fi', t. i�j }nFti. I:( dj •L V,f v.`.l • i; '[ si of Eh L” Fi �1 ..^P 6 �� Ci3� i ,` r E��.'l , - 3n .:!�; b3�f� #'F'' F h' `� - -�AS i" �.�;'�F�.1�. p. rt F "ov M;i, The p tf,'r' lmar& 14 pertrt r th . �' t, . ,;iii, ! Yi�'1 til ma y rri" `i f imax t he pera l Oar"k is`+:;o rt t rtllIt2 '3.'ikd =. ")t".�; `.�F. 'il33� w 1r',tg the ''d1ppR'e.`s:six ")n and F IRE One Firf ChiVr Shall he appointed to a s erin of 4 years and . (a) Flecrriitment. Any m(•rnl)er of the Fire nepar•tment Coif T,l( "neitt hawing more than 6 yrars srrc•ic°c,eas a regular fireman is f-lig ble to he appointed Fire Chief, , ubjert to performance . stand -trots set by th {Fire Department for attend e e`" .. �g ��,,,,, t •.Ill' a M �c .�'�,.«s..,�w.�...�,r calls, meetings and drills; ; • lb® rt related ".esdeii�a�te,>�'aa� � r. :: quaslitivationas and knowledge of Fire De arl*nent proe�dures nd k nnwledge of applicable fire codes. One hundred twenty days before th end of a term of office of the Fire Chief, the Assistant Fire Chief stzall post n('tiry Hinrvot for a period �f wea•ks at f d r.h Fire Station. : Any elilvih1f member of the 1)(T,1rt1)ra'rtt f'()rnTrlvnrrnt wishing tr, rnake application for . appointtrcnt to the posititin of Fire Chief s hall ru notify the :1 yi tQnt U ire Chic in writing within 10 days of the po sting. of the final notice R . (b) l Reports and Peer Evaluation: - Reports: Pursuant ` to By -T,aws governing the internal affai of the Fire 'Department. the Fire Department shall conduct with each applicant, job-related oral interviews and investigations and the Fire Department shall pr a written Supplemental Personnel Report and a Peer Evaluation Report based thereon which set forth objective statements of the applicant's job- related qualifications or lack thereof, and which contain a ranking of all applicants in order of preference. i c) Anointment of Fire ' F'ee7t° Chief < egrt ; the Supplemental Personnel Report shall be forwarded by the Assistant Fire Chief to the City Manager. An Oral Interview r w Board consisting of a Management 'Representative; selected by the Cite %tanager from outside the City, a Volunteer Fire,. * Department Representative selected by the Fire Department from outside the City,' in ' accordance 'with its By and a representative appointed b the two appoi ;hall be selected., The Orni Interview Board shall conduct such interviews and investigations with each applicant as it deems ni, cessary and shall prepare a written Oral Interview Report based thereon which sets forth objective statements of the applicants j«b- rrvlated qualifications or lack thereof and which` shall contain a` i an'"ing c)f the applicants in order of preference. The Aral Interview Report for each applicant shall be forwarded by the Oral Interview Board to the City aNlanager who shall reject or appoint the applicants r v. ithin 30 days, upon the basis of merit and fitness, notifying the :3 i -:taut Fire Chief of the decision. rhe" Assistant Fire Chief shall, . n w ,? ARP• i so notify each applicant in writing. Failure to so aPPOW t,Y x•cie< t within 30 . days shall constitute: the City Aftnager'e Trrc nc >sat to the Prefcrence Ranking of the Oral Interview , ;oarf! a all <applirants shill be notified in writing by the tnt Fire Chief of the appointMents to the position of ' chief in the cider of the said Preference Ranking. (d ) Appeal _ Ark► person aggt`�t+ve or rejection may, within 1p days of writ notice of said appointillont or rejection, file a notice appealing said, 1 ths• City council for n fact finding hearing. ' , � shall IMInedi,°Itely notif'V each member City ianag the f i'v' C o�.a ►�c it ,sf t! a ,eppointmrnt and sh,01 e miseto be placed s riveting, the Or. thi (`it }' C'r?it •ii'.S rSC!�n !•� at its: nf•�t' rc��tal.�r aEstion f the i 'insl a i)rn rtl of the appni.tttr -n. "tee term of the , " '' ' ri S.I id .-ppoincee 5diall con*an { °nce only after f inal arp r caval b the City C'�: �rar 1. if final a pp-oval daps not r -ur twfore the `expl. s nr i c)f a�fficr c. vie incumbent fire t'hirf aid enCUmlr�nt tk7r t rz ��' an yen ; s!iall hnH office until a SuccessOr is a d gi final�� , pal !s �r�prcival ? y tiro t'ity Counoil. in any r�SP {n which;an app i lyd, :,aic! apps�l, sha11 be heard an, , ciert�*r,siinc�cD before .the pprt7val' of the appointee is considered and question of the final determined. . (t_ 1 Dutie9. (1) Supt rc=i. at Firefighte n They F ire C h ief shall' supervise ar d dirert all Firefight a•nci stall he res- ponsib e for establishing and eniorcing rifles cif conduct for Firefi ghters . K�'e in of 1 qui n9 enta r --The Fire Chief shall' a f n ? a pp a ratus maintained crntrol over all of the equipment at�ei by ttie Fire Department, and shall be responsible for the dare and condition of the cquipment and the Firer St3tiOns x r` °' A • 4 a� (3) Annual 'Fire r)epar tin ent &deport The Fire C hief shall w it h in a t w th r a. ,r,nahDc time after the, 'close of the fiscal Year, make an annual report to the City Manager and to the City Council setting forth the artivtties of the Fire Department during the preceding year. - The Fire Chief shall also submit such additional reports and recommendations . as the" Fir Chief or the ,City, Manager fro �t M c to ' time deem necessary �'y X � , $. e � (4 ) Annual Pidget Rep ort: The Fire Chief shall annually. preps rr and uhm i t to the City Manager a budget setting forth the anticipated n -eds of the Fire De partment for the ensuing `ear. ,,.. (5,) Annual Fire Prevention Report: The Fire Chief ehall annually present to the City lanaaer a statement of objectives; which shall define a Fire Prevention 'Program. Vinci which shall be responsive to they Fire Preve "ion goals as establiabed by the - City Council. -­.Said stgtement. of objectives shall Include a Brief explanation of eaeta objective anti the goal to which it contribut": an objectiv measurement of the extent to which the ob jective has .been accomplishe=d; a time acheduiP for the accomplishment of each objective with intermediates milestones for its final accomplishment: an estimate of the working hours required and the costR necessitated . by, the accomplishment 'of `each objective. Upon mutual agreement between ; the City Manager and the Fire Chief as to the statement of objeettvtes and the approval of funding therefor, the Fire Chief shall 'be ''responsible for assuring their accomplishment. The Trice Chief 'shall provide periodic reports to the City Manager concerning progress toward the defined milestones and corrective actions taken. Corrective actions may include, extending schedules, re- allocation of the Firefighters' working hours, , modifying objectives, ` or other n1ternatives mutually" agreed upon between the City TVtanager and the Fire Chief. iii °•% v ( ) 'T'r:nining and Drills: The Fire Chief shall be responsible for the proper tr aini*�17 of Firefighters and shall schedule ' at least 4 hours of drills per month and shall give the Firofighters instructions in the approved method of fire - fighting and fire prevention. r` 'J (7) FEe vping of Reco The Fires Chief shall keep in COnvenient furor a rompleateA' record of all fires. Such forms 'shall includes the time 'off the alarm, the location or the fire, cause of the fire (if II-nnwn) type of building, nn-ne of owner ;end to ri ant, purpose for which occupied t�stimated loss or damage, nanitr.s of firefighters 'responding t�l the alaran, and such other information 7s may ,.he deetinied advisable or as may he required . Prom time tes time by the City Manager or the .State Department ' of Insurance. (8) Fay Laws: The Fire Chief, within the terms of this ordinance, and with the advice and consent of the Firefighters, shall prepare and amend By - Laws governing the inte=rnal affairs of the Fire Department. The Bv° -Laws and Amendments thereto 'shall be- come effeetive after review by the City Manager and upon their adoption by Resolution of the City Council. {`l1 Fiu1�s, Retyulations and Efficiency: The Fires Chief, with the advice and t onsent of the Firefighters, shall formulate a set of FW,-s and Re guLitions to unvern the Operatie nat' Fun,rtions of the Firr i }nnartment -.!nd to aid in the maintaining of rhscipline, morale, efficietnry. and motivation of the Fircfirliters. Such Rules and Regulations shall become effective upon approval of the Fire Department. r . e y -1 e(:t n 5-109. DISCIPLINE AND DISCHARGE PROVISION tl'.t F refi titers shall b( subject to herbal reprimand, stir i 't; rt r•e prii - nand, discipline, suspension, demotion or di - cliaree its follows: (a) Discipline by the Fire Chief: All Firefighters are subject to discipline by the Fire Chief in the form , sf4oral . . reprimmnds, written reprimands and ' ather (grips a ir dincipurl approved in the 13y-Laws of the internal .affiars of the Fire Department for just cause connected wi the fire service. All Firefighters are subject to discharge, demotion and suspension by thr Fire Chief on the basis of merit and fitness connected with the fire service, with prior approval of the City Manager. Any Firefighter disciplined by s suspension ,n may appeal said suspension to the Membership of the Fire Department in accordance with the By-Laws groverning the internal affairs of the Tire Department. (b) Suspension by the City ]►�anagor! " ^�' Chief ii�"� ,• subject to discipline suspension a removal on the basis s..; �. of merit and fitness connected with the fire service, by the City Manager. Remoc of the Fire Chief shall be made final only upon a majority vote of the City Council. (c) Appeal: Any person aggrieved by any discharge, demotion or suspension by the City Manager or the Fire Chief may appeal to the City Council for a fact finding hearing within 10 days of written notice of su ch discharge, demotion or suspension. A written, statement setting forth the basis of r the discharge, demotion or suspension shall be provided to such aggrieved person upon the filing of such appeal. t� (d) Commencement of Disrhar e, Demotion or Susp ension Proceedings; Proceedings for the discharge, . demotion, or suspension of any Firelighter may be commenced by w initiation of the Ci Manager, by the Fire Chief with City Manager approval. or by the Fire Department to the City Manager, in accordance with the By-Laws governing the internal affairs; of the Fire Department. d 3F ` • .f''b "4'Q �-.`� i e .: ;y__ mve r.�►. k'y.. a ` Se°rtinn 5 - 110. APPEAL PROC EDURE. Appeal is perfected by filing a written staiernent thereof With the City Clerk during regular business hours within Oie period of time allotted for Vie notice of Appeal in this Ordinance. The staternvnt shall identify the decision f ,ir twder appealed from and shall contain a simple and roncise statement of the grounds > of the appeal. (a) Dutte 4 of the City rlerle : Wfthfn 10 dayd of " r�ec o therv thv City Clerk s hall determines whether or not the Statem of Appear is timely filed. the duc°ision apper °algid from is clearly ide =ntified, and the grounds of the. appeal Y :ire clearly set forth in a Aimple and cAncise statement. The City Clerk may request additional information from the Ap pellant in order to clarify any ambiguity. Upon determining that the :Statement Of Appeal is valid anal c the Clerk shall p p forward a copy thereof to they City Manager and cause the original thereof to be placed on the A_t enda of the City Council at its next scheduled` mee ting. (b) Council Procedu , The City Council' shall acknowledge receipt of the appeal and set a date fora hearing thereon. The City Council may hear and determine the facts as a committe =e` of the whole, or may delegate such responsi- bility _ to a hearing officer. (c) Hearing Procedure: Procedure at the Fact Finding hearing' shall he governed by the Administrative Procedure Act, §§ 15.04.18 and 15.0419, Minnesota Statutes (1974). The Appellant may be represented by counsel and the City Administration shall be represented by the City Attorney.. a .> .� '.t: K�' „ •>. (d) findings of Fact: The City Council ear the lfeartu ' Officer shall hear the evidence, shall resolve any material conflicts in the evidence, shall prepare a written summary of the evidences, and shall prepare a written statement of the relevant facts which are fecund to be true. Any Summary of Evidence and Findings of Fact prepared by a Hearing Officer shall be revicv►ed tay the City Council and the City Council shall determi that the facts °round to be true are supported by the Summary of lEvidence.` The City Council -1�- b. Ut may refer the cast- back. to the Hearing Officer for further proceedings. Upon determining that the facts found by the Hearing Officer are supported by the Summary of Evidence. the City rouncil shall giye its approval. (r) Term ination of Appeal: Copies of the Summary of , F- vi(lence anci li' inding:i of Fact shall he fnrwardeil to the " " App -hunt and to the City Manager, which shall end the ` Appeal Procedure. The Appellant may obtain judicial revit -w by Writ of Certiorari to the District Court, based upon a full transcript of testimony taken at the Y Hearing, the Saimmary of Evidenct -, and th(1 Findings of Fat—t. .r te f 44 t i 14 ;. - f v This ()r-fiin;mcei shall bec r►rro 1-fft�ctive. ,.after adoption snd upon thirty . fo +llriwing R.4 1i- ga1±F.�1)1 a 1io'A. : t'' % ✓' r s a it ..i. > 1 f A -d this day or I Mayor Clerk Date )f Publication Effective (iat+A M- r.+ckets indicate new matter, c1gshes indi.catc- rnatter to be deleted). t i I a' EXCERPTS I+RONI THE' MINNESOTA. ADNIINISTRATIVE.. PROCEDURE. AC°T s•47i'S s•: %•�Y� y4p 'a° liS.0418 CONTESM CAM; MAitMCk 11027M. In army Contaw (;am is p arties shall be alfoyt�s*d an opportunity doe f rotiee shalt state the time, plaer a . u, bu y r of the natttt+f of the p riling, the F�-ue's cannot be fu y statted in stivanee of the hearing, or it bsequent amreadment of the issues is necessary, they shall he fully staged as .� Practicable, and opportunity shat] he afforded all parties to present evidence .-d :tr urn with resPect thereto. The agency shall prepare an QtIIc I,�I treco �`..�h shall include testimony and exhibits, in each contested case, but t s nott ` `e nwes.-%ir%. to transcribe shorthand notes uNPsar requestM for purposes of re• a e.ar :nr or court review It a ta:•inerilst is requested. the agency may. unless k - !icrxise provided by laver, ,require the party requesting to pay the resase►ttabltt ;'sts of preparing the transcript. Informal disposition may also be trade of an' r�e, !ed case by stipulation, agreed settlement, consent order or default. Each may adopt appropriate rules of procedure for notice and hearing in con- .0 846x 11 11111MCE IN CONTIN— il'ED CASM Subdivision L In CORSVIUS *, enc 4 es may adralt and give probative s! wil t o Meh o! v8tue Cwnnwnly accepted by reasonable prudent men In the ctsttdttct at 'r ;- ffai -z The(• --hall glue Mffect to the rules of privilege re1wrilred by ISM 7?.O% may e%clude incompetent. Irrelevant, ant, immaterial and re'petiriorls evidonce.; « All evidence, including reenrds and documents (except tax r -°.d ;ax report--) In the possession of tile agency of which it desires to avail itse4 shall be ofrerM and made a part of the record ant the case, and no --ether AWNd information or ebidenca. (except tact returns and tax reports) shalt be considered in the teotermination of the case. Documentary evidence may be received In (the i form of copic s or excerpts, or by incorporation by reference. Subd. 3. Every party or agency shall have the rit ht of mms- examination of %witnesses who testify, and shall have the right to submit rebuttal evidence. Suild, #. Agencies may take notice of judicially eogniaable facts and in *M may take notice of general. technical, or scientific darts Within their hnowle Parties shall be ntdiBed In writing ett?w before or daring headng, a by reference In preliminary reports or other%vtse, o by oral statement i n th recaK { of the material so notleed, and they shall be afforded an opportunity to lontsst the fasts so noticed. Agencies may utilize their experience. technical competence, e s and sp,ecialired knowledge In the evaluntinn of tine evidence presented to them. } 1 1 957 C &)6 s 9 J .�. l i� • Licenses to be approved by the City Council on June 28, V 76 0 RBAGE AND REF SE COLLECTION VEHICLE LICENSE Atlas Disposal Service 228 Master Street Bergstrom Trucking 6509 76th Ave. N. Blueboy Service, Inc. 6764 Colorado Ave. N. Countrywide Sanitation, Inc Box 46 Dick Sanitary Service, Inc. 3517 85th Ave. N. Edina Morningside Sanitation Route 1, Gypsy Lane G & H Sanitation, Inc, Gypsy Lane _ Gallagher's Service, Inc. 9151 Central Ave. N.E. Guys Disposal Stacy, MN Hilger Transfer Company 6721 59th Ave. N. Maroney° s Service Route 3, Box 30A JAI t : Metro Refuse 9837 3rd Ave. S. Robbinsdale Transfer Co. 4004 West Broadway D. Shobe and Sons 3621 8Sth Ave. N. Whiskers Sanitation 4251 Thomas Ave. N. Art Willman & Son 51 28th Ave. N. Woodlake Sanitary Service 4000 Hamel Road SaAitarian 0 GASOLINE SERVICE STATION LICENSE Brooklyn Service Center 6901 Brooklyn Blvd. / Humboldt Avenue Service 6840 Humboldt Ave. N. City Cler ITINERANT FOOD ESTABLISHMENT LICENSE Shopper's City, Inc, 3600 63rd Ave. N. ' 80 nitarian ON -SALE NONINTOXICAUNG LIQUOR LICENSE Ricco's Cafe 5742 Morgan Ave. N. City Oler DENTAL DWELLING LICENSE Ronald & Marlene Johnson 5341 -43 Penn Ave. N. �--^-- Renewal: Darrell A. Farr Devel. Co. 4201 -07 Lakeside Ave. N, Sigmund Bona 5207 Xerxes Ave. N. R-... Al Krawieckl 5209 Xerxes Ave. N. 1 ,...... Frances M. Lunacek 5211 Xerxes Ave. N. Transfer: John Kucheska 4811 Lakeview Ave. N. :.Director of Planning... and Inspection