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HomeMy WebLinkAbout1972 06-12 CCM Regular Session Minutes of the Proceedings of the City Council of dii� City of Brooklyn Center In the County of Hemnepin and State of Minnesota Jane 12, 1872 The City Council met I n regular session and was called to order by Mayor Philip Cohen at 7 :30 P.M. Roll Call: Mayor Cohen, Councilmen Leary, Ausen and Fleck. Also present were: City Manager Donald Poss, Director of Finance Paul Holmlund, Director of Public Works James Merila, Chief of Police Thomas C'Hehir, City Attorney Richard Schieffer, and Administrative Assistants Blair Tremere and Daniel Hartman. The Mayor recognized former Mayor and Councilman, Mr. Gordon Erickson, who is leaving the City. The Mayor cited Mr. Erickson's achievements and civic s ervice and he presented -Mr. Erickson with a plaque of commendation. Mr. Erickson accepted the plaque and thanked the Mayor and Council for their expressions. Councilman Britts arrived at 7:35 P.M. Motion by Courcilm an Leary and seconded by Councilman Heck to approve the minutes cf the May 22, 1972 Council meeting as submitted. Voting In favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: none. Motion carried unan Motion by Councilman Heck and seconded by Councilman Leary to acknowledge the claims against the City filed on behalf of Mrs. Anil Sager and Mr. Frederick Poplinski and to refer them to the City's insurance carrier. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Betts. Voting against: none. Motion, carried unanimously. The City Manager nex -t. commented relative to the proposed release o the site improvement bond for the Maranatha Conservative Baptist Nursing Home. He stated the improvement work at the Home had been completed, but that the site improvements were not strictly consistent with the approved site plan. He not-ad however, that the reasons for the inconsistencies seemed reasonable and accopt- able and it was recommended that the bond in the amount of $1, 800.00 be rslea ed. Mayor Cohen left the Council Table at 7:40 P.M. A brief discussion ensued rela tive to the original praposEu site Improvements and the Manager noted that the inconsistencies consisted of certain improvements which were not physically feasible, but which had not been stricken from the final plans according to formal amendment procedures Motion by Councilman Ausen and seconded by Councilman Leary to authorize the release of the $1, 800.00 site improvement bond for the Maranatha Conservative Baptist Nursing Home, noting that certain improvements including the installation of an island area in the parking lot north of the building, the sodding of the green area to the west of the structure, and the installation of curbing along the perimeter of the narking area at the front of the building, have not been installed as indicated on the final site plan; end, fu)lher noting that such improvements were not made due to justifiable topographical and engineering reasons. toting in is =ror were: Councilmen Leary, Ausen, Heck. and Britts. Voting aga it st o. none. Motion cnrrisd, unanimously. h1omber Tohn Leary introduced the following resolution and motred its adoption: RESOLUTION NO. 72 -82 RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE EFFORTS Of THE MAC- KYLA`dVN ENVIRONMENTAL PRESERVE TASK GROUP AND ALL VOLUNTARY GROUPS AND INDIVIDUALS RESPONSIBLE FOR THE DEVELOPMENT OF THE MAC- KYLAWE ENVIRONMENTAL PRE SERVE AS AN OPEN- SPAC AREA The motion for the adoption of the foregoing resolution was drily seconded by member Maurice Britts, and upon vote being taken thereon, the following voted in favor thereof: John Leary, Vernon Ausen, Howard Heck and Maurice Britts; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Mayor Cohen returned to the Council Table at 7 :4S P. M. The City Manager explained a draft resolution intended to correct a storm sewer special assessment within the Industrial Park. He stated that a portion of the storm sewer pipe intended to serve a specific parcel within the Industrial Park was inadvertently omitted from the construction project, yet assessed against the property. Member John Leary introduced the following resolution and moved Its adoption: RESOLUTION NO. 72 -83 RESOLUTION CORRECTING SPECIAL ASSESSMENT FOR PLAT 89273, PA RCEL 4900 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, John Leary, Vernon Ausen, Howard Heck and Maurice Britts; and the follolvin g voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager explained a draft resolution stating that in 1971 the City Council. authorized Brooklyn Center's participation in a metropolitan area communication upgrading program which was to be administered by the Minnesota Bureau of Criminal Apprehension. He noted that the state agency has since declined to act as agent for the metropolitan area communities and the resolution was intended to authorize the Metropolitan Council to act as such agent subject to the same financial commitments as previously authorized. Member Howard Heck introduced the following resolution and moved Its adoption: RESOLUTION NO. 72 -84 RESOLUTION AMENDING RESOLUTION NO. 71 -132 REGARDING PARTICIPATION IN METROPOLITAN COMMUNICATION UPGRADING PROGPRM The -motion for the adoption of tlhe foregoing resolution was dul,r seconded by member John Leary, and upon vote being taken thereon, the following voted 'it favor dharee�: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Maurice Britts.- and the followirg voted against the same: none., v,rhereupw said resolution was declared duly passed and adopted. ^he City Manager explained a proposed resolution intended to authorize the purchase of open -space property between Ccunty Road 10 and the north shore of Twin Lake at a price determined through eminent domain proceedings. -2 An extensive discussion ensued relative to the cost of acquisition and the amount of Commissioner's awards relative to appraised val es. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -85 RESOLUTION AUTHORIZING THE PURCHASE OF MINN. OSA -82 PARCEL 3 INCLUDED IN THE CITY OPEN -SPACE APPLICATION AND PAYMENT OF RELATED COSTS 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, john Leary, Vernon Ausen, Howard Heck and Maurice Britts; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager next explained Planning Commission Application No. 72024 and Application No. 72025 submitted by Brooklyn Center Industrial Park, Inc. Regarding Application No. 72024, he stated the item requested rezoning from I -1 to C -2 for a parcel at 6040 Earle Brown Drive to provide for the construction of a four story office building with a restaurant on the main floor. He recommended that the area including the parcel to be rezoned should be replatted since substantial improvements have been and will he made, including utility and roadway installation. Relative to Application No. 72025, he stated that the applicant is requesting site and building plan approval for the office building. After review- ing the Planning Commission recommendation the City Manager addressed to the matter of B612 curb and gutter. He stated that research by the Director of Public Works indicated that the cost of this type of curbing was approximately the same as that for the proposed paving which did not include a gutter. Following further discussion there was a motion by Councilman Leary and seconded by Councilman Ausen to approve Planning Commission Application No. 72024 submitted by B. C.I.P. , Inc. subject to the condition that the subject property shall be platted 1 a single parcel as required by the Platting Ordinance. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. Motion by Councilman Ausen and seconded by Councilman Britts to approve Planning Commission Application No. 72 02 5 submitted by B.C.I. P. , Inc. subject to the fallowing conditions: I 1 . Drainage and utility plans are subject to the approval of the City Engineer prior to the issuance of a building permit; 2. All curbing will be of the B612 type and will be indicated on the final plans submitted; 3. Building plans are subject to the approval of the Building Inspector with respect to applicable building codes; 4. Appropriate trash disposal facilities will be provided as well as proper screening; S. All mechanical units located on the roof shall be enclosed by an approved screen, and a stair or a fixed ladder leading to a scuttle in the roof housing such equipment shall be provided to make such equipment safely accessible; 6. A performance agreement and performance bond (in an amount to be determined by the City Manager) shall be submitted to the City to guarantee site improvements as designated on the approved plans. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: nons . Motion carried unanimously. -3- The Council meeting recessed at 8:45 P.M. and resumc-d at 9:00 P.M. The City Manager commented relative to a draft ordinance requiring :fencing around outdoor swimming pools that was first read on May 22, 1972 and published June 1, 1972. He stated that the staff had received numerous contacts regarding the provisions of the ordinance from owners of existing swimming pools. He noted that basically the expressed concerns were: the type and height of required fencing, and the proposed 4 ft. distance between the required fence and the pool perimeter. He stated a modified ordinance draft was Submitted for Council reconsideration which featured a change in the 4 ft. distance factor. The City Manager then read the draft ordinance and noted a survey conducted by the staff relative to the experience of other communities with special regard to the height of required fencing. He explained that tha communities contacted had a 4 ft. or 5 ft. fence requirement. He then reviewed the safety records of those communities with fencing requirements. The Mayor stated that the Council would proceed to hear those present before further Council consideration of the ordinance. He then recognized the following persons: Mr. Bruce Timmers, 5212 Winchester Lane; Mr. Walter Hartell, 6019 York Avenue North; Mr. Nevin Hench, 4201 - 66th Avenue North; Mr. Ray Anderson, 7113 Willow Lane; Mr. Mike Murphy, 6440 Marlin Drive; Mr. John Malmberg, 6858 Willow Lane; Mr. C. Dhein, 6344 Quail Avenue North; Mr. Joe. Larson, 5919 Colfax Avenue North; Mr. Blaine Fluth, 3901 - 63rd Avenue North; and Mr. Joe Meyer, 6012 Zenith AvenueJorth. Those recognized spoke relative to the height e ht of the he required fencing, t.he applicability of the ordinance to above ground pools, and the responsibility of pool owners for children other than their own who might use their pool. An extensive discussion then ensued, the Mayor stating that it appeared that the basic concern cads with the height of the fence. He stated that he recognized the concern of those already having pools and he concurred that children were the responsibility of parents. Councilman Leary stated that there was somewhat of a dilemma regarding the type of fencing which the ordinance required to be void of handholds or footholds that would er_ahla a child to climb over it. He stated there did not seem to be much question that a 4 ft. height requirement was most desirable. Councilman Heck stated it appeared the issue consisted of two major points; the height of the fence and the type of fencing required. He stated there was a basic need for a fencing ordinance and he agreed with Councilman Leary that it appeared a 4 ft. high fence was sufficient. As to the type of fencing required he stated there could be some problem in interpreting the non- climbahha feature of the required fencing. Councilman Britts commented relative to the staff survey which indicated 4 ft. to 5 ft. height requirements were most prevalent in the communities contacted and that safety records dtd not seem to support greater heights. Councilman Ausen stated it appeared 4 ft. would be an adequate minimum height and said he was convinced that fencing was necessary for residential swimming pools. Motion by Councilman Leary and seconded by Councilman Britts to table consideration of the draft ordinance requiring fencing around all outdoor swimrWing pools until the June 26, 1972 Council meeting. In furthzr discussion Councilman Heck stated that the staff should then take the opportunity to furt:ier research the provision: for non- climbab'e fencing. The City Manager stated that the proposed ordinance sneaks specifically to tha banning of handholds and footholds. He stated that if this seems to present insurmountable problems it could be eliminated altogether and the remaining issues would be that of the required height as well as any hardships which might be realized, particularly by present pool owners. -4- The Mayor then called for a vote. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Bruits. 1, against: none. Motion carried unanimously. The City Manager ne .t explained Planning Commission Application No. 72041 as well as Application No. 72018 which was tabled at the May 22, 1972 Council meeting. He stated the applications both were related to the proposed development by R.W. Steiner of the land located at 69th and Girard Avenues North. Relative to Application No. 72041 he stated the request was for preliminary plat approval for the 8 acre parcel of land and was required as a condition of approval for Application No. 72018 requesting site and building plan approval. He noted that the Planning Commission had recommended approval of the preliminary plat. The City Manager further stated that on May 22, 1972 the Council had tabled Application No. 72018 to permit the applicant an opportunity to secure the necessary easements for review by the staff and the City Attorney. He noted no such documents had been submitted to the City. The Mayor then recognized Mr. Wyman Smith, an attorney who had submitted the application for R.W. Steiner, who stated that he had met with representatives of Transcontinental Development Corp. several times, but had yet to come to formal written agreement regarding the necessary easements. He noted that he had submitted a copy of his client's proposed easement docu- ments to the City for review, but that Transcontinental was not prepared to sign that document. He reiterated his client's request that the application be approved with the requirement for easement documentation as a condition of the approval, so that the closing of the property transaction could be executed. Responding to a question from Councilman Britts, Mr. Smith said that an agreement should be secured soon and the Mayor then recognized Mr. Tuttle, a representative of Transcontinental Development Corp, who stated that he could not commit his firm at this time, but that an agreement would probably be reached in the foreseeable future. An extensive discussion ensued relative to the applicant's proposal that the site and building plans be approved with the condition that necessary easements be secured before the issuance of building permits. Mr. Smith stated that this would put his client on the same status as Transcontinental Development Corp. whose site and building plan application had been approved with that stipulation. Councilman Britts stated that he agreed with the applicant and felt the application should be approved in light of the fact that the agreement on the easements seemed eminent; and further, recognizing that the conditional approval would permit the applicant to close the securing of the land. Councilman Heck stated that he had some reservations regarding the plans. He stated that the requirement for the applicant to negotiate further relative to the necessary easements could possibly result in an upgrading of the overall plans and that the option should be left. open as long as possible. Councilman Britts responded that he had presumed that the Council was deferring action on the application only because of the lack of the necessary easements and not pYrticularly in hope of improving the overall plans. Councilman Leary sued that there had been past failures by other developers to get together on tha development of the subject parcel and that no1 the Council had the leverage to assime a sound agreement relative to the ccmmon access and utility problems on the property. He therefore stated he was in favor of continuing the deferral of the application until the easement documents vrere se oared . - -5- The City Manager briefly commented regarding the problems experienced by the many proposals to develop the subject parcel and stated the present plans represented at best a compromise situation. He noted planning efforts had been somewhat stymied by the vacillations of the various developers. Councilman Britts reiterated his remarks that the present application should be approved with the condition that the necessary easements would be secured, thus putting the proposal on the same basis as the Transcontinental Development Corp. proposal. Mayor Cohen responded that whereas the Transcontinental concept was unified, dealing with one parcel and one structure, the present application comprehended at least a two phase development. Following further discussion there was a motion by Councilman Leary and seconded by Councilman Heck to table Planning Commission Application No 72018 until necessary easements have been secured and presented to the City staff and City Attorney for review. Councilman Britts inquired whether this action implied that if the easement were secured the total application, including the site and building plans application, would be reconsidered and approved, or just reconsidered. Councilman Leary responded that there was no implication of approval or disapproval in the present motion. The Mayor then called for a vote. Voting in favor: Mayor Cohen, Councilman Leary and Heck. Noting against: Councilmen Ausen and Britts. Motion carried. Motion by Councilman Heck and seconded by Councilman Leary to table Planning Commission Application No. 72041. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. The next item of business was consideration of Planning Commission Application No. 72020 submitted by Swanson Homes. The Mayor noted that the application was for rezoning and contained possibly controversial aspects. He further noted that the applicant was not present. Motion by Councilman Leary and seconded by Councilman Heck to table Planning Commission Application No. 72020 submitted by Swanson Homes due to the possibly controversial nature of the application and noting that the applicant was not present. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: none. Motion carried unanimousl . The City Manager next explained Planning Commission Application No. 72039 submitted by Carl Lepinski . He stated the applicant was requesting approval of site modifications which would increase the parking spaces at the PBC Clinic, 6120 Brooklyn Blvd. from 60 to approximately 102. He noted that a new curb cut would be installed on Beard Avenue re- placing the existing entrance. He also stated that the applicant had indicated the parking area from Broolyn Blvd. easterly to the existing lot line would be upgraded next year. He further stated it was *he recommendation of the Planning Commission that a 4 ft. berm should be utilized with trees on the easterly side of the berm and the indicated shrubbery and grass on the westerly side. He noted also that it was the recommendation of the Commission that a 5 ft. redwood fence along the southerly property line, extended easterly from the existing fencing, should also be required. He noted the staff recommendation was for the B612 type of curb and gutter. The Mayor noted that the applicant was not present and the Director of Public Works briefly amplified the Planning Commission consideration of the application. -6- Motion by Councilman Heck and seconded by Councilman Arisen to approve Planning Commission Application No. 72039 submitted by Carl Lepinski subject to the condition that a performance agreement and performance bond (in an amount to be determined by the City Manager) shall be submitted to the City to guarantee site improvements as designated on the approved plans. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. The City Manager next introduced a proposed ordinance which was first read on May 22, 1972 and published on June 1, 1972 relating to the adoption of the State Building Code. A brief discussion ensued wherein the City Manager responded to an inquiry from Councilman Britts that the proposed ordinance which adopts provisions of the new State Building Code by reference thereby includes provisions for the handicapped. The Mayor recognized Mr. Blaine Fluth was offered comments relative to the various permit requirements. He inquired whether the Council was required to adopt. the ordinance and the City Manager responded that such adoption was required by the State Law. Mr. F'luth further stated that it seemed inconsistent for the City Council to state their dissatisfaction with some provisions of the State. Code and yet be willing to adopt an ordinance which comprehended the provisions of that code. The Mayor responded that the key to understanding and properly enforcing the Building Code was discretion in the interpretation of the Code provisions. He further noted that not to adopt the proposed ordinance would be to reject the entire intent of the State Building Code and that did not appear to be the Council's desire. Member Maurice Britts introduced the following ordinance and further moved its adoption, provided however that for the purposes of the minutes of the proceedings of the City Council the text of the ordinance shall be attached to the minutes and be a part thereof: ORDINANCE NO. 72 -7 AN ORDINANCE AMENDING CHAPTER 3 OF THE CITY ORDINANCES BY REPEALING THE "BUILDING ORDINANCE" OF BROOKLYN CENTER AND BY ADOPTING THE "STATE BUILDING CODE" The motion for the adoption of the foregoing ordinance was duly seconded by member John Leary, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Maurice Britts; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. Member Howard Heck introduced the following ordinance and moved its adoption: ORDINANCE NO. 72 - AN ORDINANCE ESTABLISHING FIRE PREVENTION PROVISIONS IN INDUSTRIAL AND COMMERCIAL DISTRICTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Chapter 5 of the City Ordinances is amended by the addition of the following: Section 5 -301. FI.RE PREVENTION POLICY STATEMENT It is declar to be the policy of the City of B rooklyn Center to vigorously pro the safe a nd welfare of its citizens. In this context, the traditional approach to fire service - -- suppressing fires once ignited, res snrFrivors, and too freguently ex posing firemen to physical danger and death, all at a disproportionately high community investment of resources in manpower and eguipme d eclared unacceRtable for Brooklyn C enter. Ra ther, it is the fire safety p of t he City of Brooklyn Cents.- to efficiently utilize its resources and maximize life, safety, -7- Ordinance No. 72 -8 Section 5 -301. (continued) and citizen welfare by requiring that fire prevention and extinguishing systems . be built into certain new structures. Thus, the effectiveness of the Brooklyn Center Volunteer Fire De artment is enhanced and extended at a lower cos to the citizenry, life safety is allocated a priority at least as great as property protection, and the owner cost of built -in fire protection is partially or wholly repaid in savings on initial construction costs and annual fire insurance premiums Section 5 -302. FIFE EXTINGUISHING SYSTEMS REQUIRED. Every story, basement, or cellar in every building hereafter erected in the I -1 (Industrial Park} , I -2 (General Industry) , C -1 (Service /Office) , C -lA (Service /Office) , and C -2 (Commerce) zonin districts shall have installed and be equipped with an auto- matic fire extinguishing system which system shall comply with provisions of the Sprinkler Standard,-N.F. P.A. No, 13. The fire extinguishing system shall be connected to the City of Brooklyn Center Remote Station Fire Alarm System accord- ing to the provisions of Section 5 -501 through 5 -505 of the City Ordinances or sh all be connected to a central station system approved and listed by Underwriters Laboratories, Inc. and shall remain so connected and maintained during the life of the building. Exception: Buildings having a gross floor area less than 2,000 sq. ft. shall not be required to install a fire extingui system, Provided each story of the building has at least 20 sg. ft. of opening above grade in e segment of the 50 lineal ft. of exterior wall on at least one side of the buildi Section 5 -303. PENALTY Any Berson violating the provisions of this ord inance shall, mpon conviction, be punished by a fine not exceeding three hundred dollars ($300.00) and im2risonment not exceeding ninety (90) days. Section 2: This ordinance shall become effective after adoption and on July 1, 1 972, Adopted this 12th day of June, 1972 Councilman Ausen commented that a provision for a variance Procedure should be incorporated in this ordinance. The City Manager responded that he agreed and this could be done later, but that the immediate adoption of the ordinance was vital. The Mayor then called for a vote. The motion for the adoption of the foregoing ordinance was duly seconded by member John Leary, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Maurice Britts; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted, Member John Leary introduced the following ordinance and moved its adoption: ORDINANCE NO. 72 -9 AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES BY THE ADDITION OF SPECIAL REQUIREMENTS FOR MULTIPLE DWELLINGS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS F OLLOWS: Section 1: Section 35 -410 is amended by the addition of the following: 7. Security systems and dovices. For the purpose of ro a reasona amount of sa fety and general welfare for Persons occupyinq multiple family dwellings, an approved security system shall be provided to control access at each uniulti le fa mes buildin hereafter constructed. The security s ystem shr,11 consist of locked bui lding entrances or #ove doors, and locked doors leading from hallways into individual dwelling units. Dead —l atch tyke door lock shall be provided with lever knobs (or door knobs) on th inside of build nq entra doors and with key cylinders can the outside o building e ntrance doors. Build entranc door latches shall be of as tie that are permanently locked from th outside and perman- ent unlocked from the i nside_ -8- Every door that is depSJ. ,ned to p rovide i ngress or egress for a dwelliM unit within a multiple fam b shall be ec111122ed with an approved lock that has a dead - locking bolt that cannot be retracted by end pressure: provided however, that such doors shall be openable from the inside without the use of a key or any special knowledge or effort. Section 2: This ordinance shall become effective after adoption and on July 1, 1972. Adopted this 12th day of June, 1972 The motion for the adoption of the foregoing ordinance was duly seconded by member Howard Heck, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, john Leary, Vernon Ausen, Howard Heck and Maurice Britts; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. Member Maurice Britts introduced the following ordinance and moved its adoption: ORDINANCE NO. 72 -10 AN ORDINANCE AMENDING CHAPTER 23 REQUIRING LICENSING OF MECHANICAL SYSTEM CONTRACTORS, HOUSE MOVERS, AND WELL DRILLERS THE CITY COUNCIL OF THE CITY OF BROOUYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Chapter 23 of the City Ordinances is hereby amended by the addition of the following: Section 23 -1500. MECHANICAL CONTRACTORS LICENSE REQUIRED.. No person shall install, alter, reconstruct, or repair any portion of a building m echanical system consisting oT heating, ventilating,, comfort cooling, or refrige ation equipment, including any gas piping incidental thereto, without first having procured a license therefor from the City of Brooklyn Cen ter. Licenses shall be issued only to individuals or contractors who demonstrate an understanding of the laws and regul and techniq relating to the installation and maintenan of building mechanical systems. The annual license fee is hereby established at $25.00. Licenses shall Expire on the last day of April each year. Section 23 -1501. HOUSE MOVING CONTRACTORS LICENSE REQUIRED No person shall move, remove, or raise any building within Brooklyn Center w?. th- out first having procured a license therefor from the City of Brooklyn Center. Licenses shall be issued only to individuals or contractors who demonstrate qualifications and knowledge regarding such work and who can furnish proo of insurance relating to such work. The annual license fee is hereby establis a $25.00. Licenses shall. e ire on the last day of April each year. (a) Permit Reauired. No licen Rerson within Brooklyn Center smell move, remove, or raise any building within Brooklyn CE :'itfi without first applying for and obtaining a permit from the Building Offici Th a licn for a permit shall furnish the Buildin Official suc information as the Building_ Official deems n ecesgaa and shall conform to such reaso nable regulations as the Building Official m e stabl ±sh. The appli cation shall be accompanied by . a permit, fee in the am o f $25.00. Section 23-1502. TEL DRILLE LICENSE REQUIRE No person shall engage i a bu siness of drilling potable water wells without fi rs* having procured a license th from the City of Brooklyn Center. Lice shall be issued on1v to individuals or contractors who de an un dersfar�din of the laws and regulations and techniques re to the drilling of wells. T he annual license fee i s hereby established at $2 Licenses shall expi o n last day of April each year. Section 23 -1502 (continued) (a) Permit R Prior to the commencement of drilling, , a permit shall be secured from the Building Official. Upon furnishing necessary information requested by the Building Official and payinca hermit fee of X15.00 the Bu Official shall issue such permit. Section 23 -1503. PENALTY.. Any pe violating the provisions of this ordinance shall upon conviction thereof, be punished by a fine not to exceed three hundred dollars ($300.00 ) and by imprisonment not to exceed ninety (90) days. Section 2: Section 23 -010 of the City Ordinances is hereby amended a s follows: Fee, (annual unless other- Type of License Required by Section License Ex pires res wise stated) (Gas Piping) (3 -814) (April 30) ($ 20.00) (Heating) (2 -408) (April 30) ($ 20.00) (Housemoving) (3 -1001) (April 30) ($ 20.00) (Well Drilling) (3 -601) (April 30) ($ 20.00) Mechanical System 23 -1500 April 30 25.00 Housemoving 23 -1501 April 30 $ 25.00 Well Driller 23 -1502 Agr 30 $'25.00 Section 3: This ordinance shall become effective after adoption and on July 1, 1972. Adopted this 12th day of June, 1972. The motion for the adoption of the foregoing ordinance was duly - seconded by member John Leary, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Maurice Britts; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. Motion by Councilman Heck and seconded by Councilman Leary to declare a first reading on the following ordinance: AN ORDINANCE PROHIBITING OPERATION OF MOTORIZED VEHICLES IN PARKS AND OPEN -SPACE AND PRESCRIBING PENALTIES XOR THE VIOLATION THEREOF Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. Motion by Councilman Ausen and seconded by Councilman Leary to approve the following licenses: Class "A" Motor Vehicle Dealers License North Star Dodge 6740 Brooklyn Blvd. Heating & Air Conditioning License Home Air Trane 27 North 8th Avenue House Mov Li erase Robin Corporation 3550 Grimes Avenue North Non - Intoxicating Malt Liquor "On- Sale" License Brooklyn Center Fire Dept. Relief Association 6500 Dupont Avenue North Public Dance License Brooklyn Center Fire Dept. Relief Association 6500 Dupont Avenue North -10- Swimming Pool Lice Beach Apartments _ 4201 Lakeside Avenue North Brookdale Gardens 53rd & Hwy. 100 Brooklyn Center Community Center 6301 Shingle Creek Pkwy. Brooklyn Center Park & Rec. Dept. 6301 Shingle Creek Pkwy. Chippewa Park Apartments 6507 Camden Ave. No. European Health Spa 2920 County Road 10 Four Courts Apartments 2936-38 Northway Drive Garden City Court Apartment 3407 -3417 - 65th Ave. No. HiCrest Square Apartments 1301 thru 1307 - 67th Ave. No. Lyn River Apartments 65th & Lyndale Ave. No. North Lyn Apartments 6511 Humboldt Ave. No. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. The City Manager stated that the Director of Public Works had prepared a memorandum regarding the City's walkway construction projects and the policy regarding the type of material used between the walkway and the curb. The Director of Public Works stated that some residents on Dupont Avenue have expressed concern regarding the aesthetic appearance of a proposed 2 ft. wide bituminous strip between the proposed walkway and the concrete curb. He noted the Council had adopted certain policies which include the stipulation that bituminous material be placed in the area between the curb and the walkway and all those areas where the space is less than 4 ft. He noted the reasons for this were provision for snow storage purposes, a safety strip between pedestrians and vehicles, and the opinion that a strip less than 4 ft. in width would not sustain a good growth of sod. The Director of Public Works then presented the cost and comments relative to various alternatives to black bituminous material. He stated that if a determination were made that a more aesthetic boulevard material was necessary, concrete could be substituted for that area. It was pointed out, however, that the additional cost would involve deletion of some segments of the walkway net- work. An extensive discussion ensued relative to the type of material which might be used and the Mayor commented that he did not care for the aesthetics of the bituminous curb strip and that the concerns of the public, particularly the residents along the sidewalk network, could not be ignored. He stated that possibly there was a need for public input as to the progress and acceptance of the sidewalk network. Councilman Heck stated that he agreed with the Mayor's comments concerning the aesthetics of a bituminous strip and said that though it was less expensive, maintenance could be a problem. Councilmen Leary, Ausen, and Britts agreed and Councilman Leary inquired which alternative was preferred. Councilman Ausen left the meeting at 12 :30 A. M. Mayor Cohen then polled the Council and it was the consensus of the Council that sod should be utilized in place of the bituminous material. Motion by Councilman Heck and seconded by Councilman Britts to amend the walkway policies to reflect the Council consensus that sod should be used rather than bituminous material. Voting in favor were: Mayor Cohen, Councilmen Leary, Heck and Britts. Voting against: none. Motion carried unanimously. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -86 RESOLUTION ACKNOWLEDGING GIFT -11- 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, John Leary, Howard Heck and Maurice Britts; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Motion by Councilman Britts and seconded by Councilman Leary to adjourn the meeting. Voting in favor were: Mayor Cohen, Councilmen Leary, Heck and Britts. Vo"ang against: none. Motion carried unanimously. The Council meeting adjourned at 12 :35 A.M. Clerk Mayor -12-