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HomeMy WebLinkAbout1996-174 CCR1 1 its adoption: Member Kristen Mann introduced the following resolution and moved RESOLUTION NO. 96 -174 RESOLUTION RELATING TO THE APPLICATION FOR A MECHANICAL CONTRACTOR LICENSE OF DUANE FRANK BIDDLE ON BEHALF OF RAPID HEATING AND AIR CONDITIONING WHEREAS, the City of Brooklyn Center has received an application for a mechanical contractor license as required by Brooklyn Center City Ordinance Section 23 -1500 from Duane Frank Biddle of Rapid Heating and Air Conditioning (the "Applicant and WHEREAS, upon the review and consideration required by Brooklyn Center City Ordinance Section 23 -003, City staff recommended that the requested license not be renewed or granted; and WHEREAS, Applicant was given due notice, pursuant to Brooklyn Center City Ordinance Section 23 -004, by letters dated July 22, 1996, and August 21, 1996, of the City staff's recommendation, and of the Applicant's right to a hearing on the issuance of said license; and WHEREAS, Applicant appeared and was given an opportunity to be heard at a hearing held by the City Council on August 26, 1996; and WHEREAS, the City Council has duly considered the evidence and testimony provided by City staff and the testimony of Applicant. NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Brooklyn Center makes the following Findings of Fact, Conclusions, and Order: FINDINGS OF FACT 1. In November of 1987, Applicant installed a furnace at 5535 Dupont Avenue North without first having obtained a permit. 2. In January of 1989, Applicant was issued a citation for installation of a mechanical system without a license. 3. In December of 1989, a furnace was installed by the Applicant at 5338 Humboldt Avenue North without first having obtained a permit. 4. On February 6, 1990, Rapid Heating and Air Conditioning was sent a letter regarding outstanding orsat tests for the following addresses: 1612 71st Avenue North, 4013 61st Avenue North, 5500 France Avenue North, and 5338 Humboldt Avenue North with no response. 1 1 RESOLUTION NO. 96 -174 5. On November 8, 1990, Rapid Heating and Air Conditioning installed a furnace without a permit. The permit was denied for failing to provide orsat tests from previous installations. 6. On November 23, 1992, an electrical permit to wire a furnace at 6019 York Avenue North was issued to Harrison Electric. No mechanical permit had been issued for installation of the furnace which was done by Rapid Heating and Air Conditioning on or about October 26, 1992. A citation was issued for the installation of a mechanical system without a permit. 7. On October 23, 1995, the City's Building Inspector conducted a final mechanical inspection at 4406 Woodbine Lane. The following corrections were noted: a. Provide orsat tests to City inspection department. b. Provide metal draft stop where the "B" vent passes through ceiling in the basement. c. Provide support to (PVC) vent per instructions. d. Seal around (PVC) on exterior of dwelling to make it weather tight. e. Provide correct sidewall termination per instructions. f. Send letter certifying that water heater is venting properly or reduce to 4" vent. g. Obtain plumbing permit for the installation of the new water heater installed by Rapid Heating and Air Conditioning. Permit must be obtained by a State licensed plumber 8. On October 24, 1995, correction orders were issued to Rapid Heating and Air Conditioning for mechanical installation work done at 4406 Woodbine Lane. 9. On November 22, 1995, final notice was given regarding correction requirements at 4406 Woodbine Lane. 10. On December 14, 1995, correction orders regarding 4406 Woodbine Lane were faxed to Rapid Heating. 11. On December 28, 1995, a citation request was issued. 12. On May 20, 1996, Duane Biddle d /b /a Rapid Heating and Air Conditioning appeared in court and pled guilty to three misdemeanor offenses relating to the Woodbine Lane property. 13. At the hearing, the Applicant did not deny the occurrence of any of the foregoing. 1 1 RESOLUTION NO. 96 -174 1. The Applicant, or its agents, have violated or failed to comply with Ordinance provisions, statutes, and legal directives pertaining to the regulation of activities authorized by the mechanical contractor license. 2. The Applicant has failed to correct or remove, within a reasonable period, Ordinance violations after receipt of notice to do so. 3. The continued effectiveness of the license would constitute a substantial threat to the public peace, health, safety, and welfare. On the basis of the foregoing, IT IS ORDERED by the City Council of the City of Brooklyn Center, Minnesota, that the application for a mechanical contractor license of Duane Biddle doing business as Rapid Heating and Air Conditioning is granted and suspended until March 31, 1997. Applicant may make application for a new license for the period commencing April 1, 1997. September 9, 1996 Date ATTEST: City Clerk CONCLUSIONS ORDER Ad4-7L-a-- Jr„�a -ate Mayor Q The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and upon vote being taken thereon, the following voted in favor thereof: Myrna Kragness, Kathleen Carmody, Debra Hilstrom, Kristen Mann, and Charles Nichols; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted.