HomeMy WebLinkAbout1977 06-06 CCP Regular Session CITY COUNCIL AGENDA
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City of Brooklyn Center
June 6, 1977
7.30 p.m :.
1. Call to Order
2. Roll Call
3 Invocation
4. Approval of Minutes - May 23, 19 7 7
5. Appointments:
r. a Park and Recreation Commission
b. Park Service Area IV Committee
6. Declare Surplus Equipment
7. Designate Agent for Receipt of Funds
8. Resolutions
a . Authorizing Bids for Electrical Work at Well No. 8
• b. Authorizing Bids for Pump House at Well No. 8
c. Accepting Work
d Amending Water Main Assessment Rate
e . Recommending Home Improvement Grants
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9 Planning Commission Items (8 :00 p.m.):
a . Application No. 77017 submitted by Super America
b. Application No. 77018 submitted by Ronald jaroscak
c. Application No.- 77019 submitted by Schmitt Music Company
d. Application No. 77020 submitted by Peter Ra cchini & Ass i ociate s
e Application No. 77021 submitted by Wettrau Builders
10. Ordinances:
a. Amending Chapter 35 Regarding Service - Office Uses in R�_5 District
b. Amending Chapter 35 Regarding Notice Radius
c. Amending Chapter 19 Regarding Noisy Parties
d. Vacating Easement
11. Discussion Items:
a win Lake Boating date
T L U i
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b. Open Forum
12. Licenses
13. Adjournment
CITY MANAGER'S COMMENTS
Items 5a & b Appointments
Mayor Cohen will be prepared Monday evening to an ounce
appointments. for Council confirmation.
Disposition
Item 6 Declare Surplus Equipment
It is recommended that certain obsolete equipment be declared
surplus to be disposed of at the forthcoming- City auction.
Disposition
Item 7 Designate Agent for Receipt of Funds
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Through a bureaucratic quirk promulgated by the Minnesota
Peace Officers Training Board it is necessary that th' City
Council repeatedly designate an agent to apply for and receive
State funds representing a portion of the cost of Brooklyn Center's
• police rookie training. As in past years it is recommended that
the city manager be designated as Brooklyn Center 's agent to
apply, for and receive such funds
Disposition
Item 8a Authorizing Bids for Electrical Work at Well No. 8
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The attached resolution is recommended for the pure ?se of
approving plans and authorizing bids to be taken for the electrical
work at City well No. 8.
Disposition
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Item 8b Authorizing Bids for Pump House at Well No. 8
The attached resolution is recommended for the purpose of
approving plans and authorizing bids to be taken for the pump
-house at well No. 8.
Disposition
City Manager's Comments
Page 2
• Item 8c Accepting Work
P g
The attached resolution is recommended for the purpose of
formally accepting work associated with Contract No. 1976 -B
which consisted of drilling and constructing well No. 8 ,
Disposition
Item 8d Amending Water Main Assessment Rate
The attached resolution is recommended for the purpose of
amending the residential water main assessment rate which has
been rendered obsolete by inflation. The Director of Public`
Works will be prepared Monday evening to elaborate on the
recommendation.
Disposition .
Item 8e Recommending Home Improvement Grants
The attached resolution is recommended for -the purpose of
recommending home improvement grants to eligible Brooklyn
Center homeowners. The proposal has been deliberated and
recommended by the Brooklyn Center Housing Commission.
'Disposition
Items 9a Super America
thru 9e` - Ronald jaroscak
- Schmitt Music Company
Peter Racchini & Associates
- Wettrau Builders
The subject applications were considered by the Planning Commission
at its meeting of May 26, 1977.
Disposition
City Manager's Comments
Page 3
Item 10a Amending Chapter 35 Regarding Service - Office Uses in R -5 District
The attached ordinance was first read on May 9 1977, published
on May 19, 1977 and is offered this evening for second reading
and adoption
Disposition
Item 10b Amending Chapter 35 Regarding Notice Radius
The attached ordinance is recommended for - the purpose of expanding
the radius of notice for special use permits to 350 feet in certain
cases. The ordinance provision was recommended by the Planning
Commission, and on May 23, 1977 was deferred by the, City Council
until this evening
Disposition
Item 10c Amending Chapter 19 Regarding Noisy Parties
• The attached ordinance amending Chapter 19 is recommended for the
purpose of regulating noisy parties. The item was discussed by the
Council on May 23, 1977 and continued until this evening
Disposition
Item 10d Vacating Easement
The attached ordinance is recommended for the purpose of vacating
a portion of an easement pertaining to property at 6013 and 6019
Pearson Drive. The easement was originally intended to provide
emergency access for the Brooklyn Center Fire Department to a
well in that vicinity for fire protection purposes The Director
of Public Works will be prepared to illustrate the situation Monday
evening.
Disposition
City Manager's Comments
Page 4
Item lla Twin Lake Boating Update
Councilman Lhotka will be prepared to update the Council on
the Twin Lake boating situation
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Disposition
Item 1 lb Open Forum
Councilman Lhotka has requested that the subject of an open
forum concept be discussed by the Council.
Disposition
MEMO
TO: Don Poss, City Manager
FROM: Al Lindman, City Clerk
SUBJECT: Office Equipment to be Declared Surplus
DATE: June 2, 1977
1 - F & E Check Protector. Serial #3603794
(crank type) from Finance
1 $ 1 tilt arbor table saw with motor. Serial #B8497 from Government
Buildings
1 - Olivetti Logos 250 calculator
(no serial number) from Assessor's office
AL:dw
cc: Paul Holmlund
Craig Lewis
Ken Smith
•
Member introduced the following resolution ,
and moved its adoption:
RESOLUTION NO.
RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR
ELECTRICAL INSTALLATION PROJECT NO. 1976. -7 AND DIRECTING
ADVERTISEMENT FORBIDS (CONTRACT 1977 -E)'
BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota, as follows:
1. The plans and specifications for the following improvement
prepared by the City Engineer are hereby approved and ordered filed
with the Clerk:
Electrical Installation Project No.. 1976 -7
2. The Clerk shall advertise for bids for such improvement by
publication at least once in the official newspaper and in the Construction
Bulletin, the date of first publication not less than ten (10) days prior
to the date of receipt of bids. Said notice shall state that no bids will
be considered unless sealed and filed and accompanied by a cash deposit,
bid bond, cashier's check or certified check payable to the City Clerk
in the amount of not less than five per cent (5/) of the bids.
• 3 Bid date is set for Monday, June 20, 1977, at 11:00 a.m.,
central daylight time.
4. The City Manager and City Engineer shall be authorized to
open and tabulate the bids.
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded
by member , and upon vote being taken thereon,
the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
•
Member introduced the following resolution k
and moved its adoption:
RESOLUTION NO.
RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR PUMP
HOUSE PROJECT NO. 1976 -9 AND DIRECTING ADVERTISEMENT FOR
` BIDS (CONTRACT 1977 -F)
BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota, as follows:
1. The plans and specifications for the following improvement
prepared by the City Engineer are hereby approved and ordered filed
with the Clerk:
Pump House Project No. 1976 -9
2. The Clerk shall advertise for bids for such improvement by
publication at least once in the official newspaper and in the Construction
Bulletin, the date of first publication not less than ten (10) days prior
to the date of receipt of bids. Said notice shall state that no bids
will be considered unless sealed and filed and accompanied by a cash
deposit, bid bond, cashier's check or certified check payable to the
City Clerk in the amount of not less than five per cent (5/) of the bids.
• 3. Bid date is set for Monday, June 20, 1977, at 11:05 a.m.,
central daylight time.
4. The City Manager and City Engineer shall be authorized to
open and tabulate the bids
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded
by member and upon vote being -taken thereon,
the following voted in favor thereof:
and the following voted against the same
whereupon said resolution was declared duly passed and adopted.
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Member introduced the following resolution
and moved its adoption:
RESOLUTION NO.
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RESOLUTION ACCEPTING WORK
(CONTRACTED BY CITY)
WHEREAS, pursuant to a written contract signed with the City
of Brooklyn Center, Minnesota, Keys Well Drilling Company, has
satisfactorily completed the following improvement in accordance with
said contract:
DEEP WELL IMPROVEMENT PROJECT NO. 1976-4
. Well #8 located'on the east side of Camden Avenue North
approximately 310 feet south of 73rd Avenue North."
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Brooklyn Center:
_1. The work completed under said contract is hereby accepted
and approved.
2. value . e of work performed exceeded the original contract
amount by $16,059.00 because the geological rock formations encountered
differed from those encountered at other nearby wells caused an increase
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in the value of work performed*as follows:
a. Unanticipated changes in the Shakopee lime rock formation
resulted in an increase in the value of work performed
in the amount of $6,540.00 for the following items.`
Drilling casing & sealing 30" hole
Furnish & install. 24" liner
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iii. Grouting 24" liner:
b. Unanticipated changes in the 'Jordan sandstone formation,
caused an increase in the value of work performed in the
amount of $9,519.00 for the following items:
i. Drilling 23" open hole,
ii. Blasting & bailing
iii. Air development & test pumping
3. It is hereby directed that final payment be made on said
contract, taking the Contractor's receipt in full. The total amount
to be paid for said contract for said improvement project shall be
1 , $ 75,944.00.
RESOLUTION NO.
Date Mayor
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ATTEST:
T
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Clerk
The motion for the adoption of the foregoing resolution was duly
seconded by member and upon vote being taken
thereon, the following voted in favor thereof:
and the followin g g voted against the same:'
whereupon said resolution was declared duly assed_ and adopted.
P Y P
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Member introduced the following resolution
and moved, its adoption,
RESOLUTION NO.
RESOLUTION INCREASING SINGLE FAMILY UNIT WATER ASSESSMENT RATE
WHEREAS, the Director of Public Works has presented a report
dated June 2, 1977, showing that the present assessment rate of $1,090.00
per residential assessment unit established in 1974, is now inadequate
to support the construction costs for providing water service to single
family property owners in the City of Brooklyn Center and
WHEREAS, the report further estimates the basic cost of providing
a service line to the abutting property owners to be $308.50 and
WHEREAS, the said report further shows that the service line'
costs did not increase in the same proportion as other water main costs
between 1974 and 1977 because of an extraordinary increase in copper
service dine costs in 1973• -74; and
WHEREAS, the report further shows the current non - single family
assessment policy of adjusting the equivalent frontage rate of assessment
and the area equivalent rate of assessment annually each January -lst
in accordance with the Twin City Consumer's Price Index reported for
the preceding October is a reasonable and equitable method of keeping
0 water improvement assessment rates in line with ordinary actual constr-
uction costs; and
WHEREAS, since 1974, the non- single family equivalent frontage
rate of assessment and the area equivalent rate of assessment have been
increased from ''$10.85 per front foot to - $13.,42 per front foot and from
$3.35 per 100 square feet to $4.14 per 100 square feet of area respectively,
in accordance with the increase in the Twin. City Consumer's Price Index
as provided for by City Council Resolution No. 74 -45; and
WHEREAS, the current equivalent residential frontage rate of
assessment of $13.42 times the typical residential front footage of 75
feet provides for a lateral, supply and trunk line assessment of $1,006.50;
and
WHEREAS, it is determined that adjusting the single family unit
assessment rate in the same manner as the non - single family, assessment
rates in accordance with the Twin City Consumer's Price Index each year,
is an equitable manner of adjusting water assessment rates.
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RESOLUTION NO. < .a
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Brooklyn enter, Minnesota, as follows:
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1. That the single family unit water assessment rate be increased
to_$1,315,Q0. &"W4�. �
2. That the said unit water assessment rate be adjusted annually A,
in accordance with the Consumer's Price Index reported for
the preceding October.
Date Mayor
ATTEST:
Clerk
• The motion for the adoption of the foregoing resolution was duly
seconded by member , and upon vote being taken
thereon, the following voted favor thereof:
and the following voted against the same:
whereupon said resolution was declared - duly - passed and adopted.
E
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION ENDORSING HOME IMPROVEMENT GRANT REQUESTS
WHEREAS, Council Resolution 76 -94, adopted; July 12, 1976, requested the
Metropolitan Housing and Redevelopment Authority (MHRA) to include the City in an
application for available Minnesota Housing Finance Agency Home Improvement
Grant funds; and
WHEREAS, the City and MHRA entered a' contract on December 16, 1976 for
a rehabilitation grant in the amount of $15,236.00; and
WHEREAS, grant applications for eligible work have been submitted by
eligible homeowners and said applications have been reviewed and evaluated
according to State criteria; and
WHEREAS, said applications were reviewed and evaluated by the Housing
Advisory Commission on May 10, 1 977 and the requests were ranked according to
the priority ranking system adopted by the Council on April 25, 1977; and
WHEREAS, said applications are to be now .referred to the MHRA and the
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State Housing Finance Agency for final approval:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of .
Brooklyn Center to endorse the following Horne Improvement Grant applications:
Address
Name Amount of .Grant
5447 Emerson Avenue Rose Ann Dols $ 914.00
5600 Judy Lane Yvonne Erickson 4,893.00
2219 55th Avenue i Marcella Bengston 2,262.00
5834 Camden Avenue Astrid Clymer 1,454.00
650.00
5743 5520 James Avenue Clara Roehl
5743 Fremont Avenue Roy Rustand 1,985.00
5835 Emerson Avenue Wayne Thurston 789.00
5409 Penn Avenue Edwin Bahr 578.00
Total $13,525.00
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RESOLUTION NO.
t
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Date Mayor
ATTEST;
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by r
member and upon vote being taken thereon, the following
voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
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Member introduced the following resolution and moved its
adoption:,
RESOLUTION NO.
RESOLUTION ENDORSING HOME IMPROVEMENT GRANT REgUESTS
f WHEREAS, Council Resolution 76 -94, adopted July 12, 1976, requested the
Metropolitan Housing and Redevelopment Authority (MHRA) to include the City in an
application for available Minnesota Housing Finance Agency Home Improvement
Grant funds; and
WHEREAS, the City and MHRA entered a contract on December 16, 1976 for
a rehabilitation grant in the amount of $15,236.00; and
WHEREAS, grant applications for eligible work have been submitted by
eligible homeowners and said applications have been reviewed- and evaluated
according to State criteria; and -
WHEREAS, said applications were reviewed and evaluated by the Housing
Advisory Commission on May 10, 1977 and the requests were ranked according to
the priority ranking system adopted by the Council on April 25, 1977; and
WHEREAS, said applications are to be now referred to the MHRA and the
State Housing Finance Agency for final approval:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center to endorse the following Home Improvement Grant applications:
Address Name Amount of Grant
S447 Emerson Avenue Rose Ann Dols .
2219 55th Avenue Marcella Bengtson
5600 Judy Lane Yvonne Erickson
5834 Camden Avenue Astrid Clymer
5520 James Avenue Clara Roehl
`5743 Fremont Avenue Roy Rustand
5835 Emerson Avenue Wayne Thurston
5409 Penn Avenue Edwin Bahr
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RESOLUTION NO.
Date Mayor
ATTEST;
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member and upon vote being taken thereon, the following
voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
CITY OF BROOKLYN CENTER
• ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES
RELATIVE TO SPECIAL SERVICE- OFFICE USES IN THE R -5 DISTRICT
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS:
Section 1. Section 35 -314, 3. is hereby amended as follows:
(b) Certain service- office uses which, in each specific case,
are demonstrated to the City Council to be:
1) Compatible with existing adjacent land uses as
well as with those uses permitted in the R -5
district generally;
2) Complementary to existing adjacent land uses
as well as to those uses permitted in the R -5
district generally;
3) Of comparable intensity to permitted R -5 district
• land uses with respect to activity. levels;
4) Planned and designed to assure that generated
traffic will be within the capacity of available
public facilities and will not have an adverse
impact upon those facilities, the immediate
neighborhood, or the community
and, which are described in Section 35- 320, Subsections 1 (b) (c)
(d) and 0) through (t) Such service- office uses shall be subject
to the C -1 district requirements of Sections 35 -400 and 35-411,
and shall otherwise be subject to the ordinance requirements of
the use classification which the proposed use represents.
Section 2. This ordinance shall become effective after adoption and upon
thirty (30) days following its legal publication.
Adopted this day of 1977.
Mayor
ATTEST:
Clerk
Date Published'
Effective Date
CITY OF BROOKLYN CENTER
•
ORDINANCE NO
AN ORDINANCE AMENDING CHAPTER 35 RELATIVE TO DISTANCE OF
MAILED NOTICES FOP, SPECIAL USE PERMIT HEARINGS
THE, CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS:
Section 1. Section 35 -220 1 (d) of the City Ordinances is hereby amended
as follows:.
(d) Not less than seven (7) days before the date of the hearing,
the Secretary of the Planning Commission shall mail notice
of the hearing to the applicant and to the property owners
or occupants of all property within 150 feet (including
streets) of the subject property when it is within the R -1 or
R -2 'districts; and to the property owners or occupants of all
property within 350 feet (including streets) of the subject
property when'it is within any district other than R -1 or R -2.
The failure of any such owner or occupant to receive such
notice shall not invalidate the proceedings hereunder.
Section 2. This ordinance shall become effective after adoption and upon
• thirty (30) days following its legal publication.
Adopted this day of 1977.
. a
M ar y
ATTEST:
Clerk
Date Published
Effective Date
•
CITY` OF BROOKLYN CENTER
• ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES
PROVIDING FOR THE ABATEMENT OF NOISY PARTIES
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS:
Section 1. Chapter 19 of the City Ordinances is hereby amended by the d
addition of the following:
Section 19 -1201. PURPOSE. It is recognized that loud, 'unpleasant, raucous
or prolonged noise can and does have a harmful, debilitating and detrimental effect
upon human beings, adversely affecting their mental and physical health, safety'
and well being. Such loud, unpleasant, raucous or prolonged noise and the resulting
detrim debilitating and harmful effects upon human beings has become a major
contemporary urban concern and is now considered to be a pollutant, not dissimila
to the pol of the ai and water by toxins or particulates. In an endeavor to
provide for the mental and physical h safe well -being and peaceful repose
of its citi and their neighborhoods, it is hereby declared - to be in the public
interest tha loud, unpleasant, raucous, unnecessary or prolonged noise be abated.
Section 19 -1202 NO ISY PARTIES. No person shall, between the hours of
10 :00 p.m. and 7 :00 a.m. congregate because of, participate in, or be in any
party rtv o r gathering of people from which noise emanates of a sufficient volume so as
to disturb the peace, quiet or repose of persons residing in any residential area
No person s vis or remain within any res dwelling unit wherein such
party or gathering is taki ac except persons who have gone there for the sole
purpose of abating said disturbance. A police officer may order all persons present
in any group or gathering from which s uch noise em anates, other than the owners or
tenants of the dwelling u to immediately disperse in lieu of 'being charged under
this ordinance. Owner or tenants of the dwelling unit shall immediately abate the
disturbanc a nd, failing to do so, s hall be in violation of this ordinance
Section 19- 1203. PENALTY. Any person violating the provisions of this
ordinance shall upon conviction be punished by a fine of not more than three hundred
(300) dollars and by imprisonment not to exc ninety (9'0) days, or both.
Section 2. This ordinance shall become effective after adoption and upon
thirty (30) days following its legal publication.
Adopted this day of 1977.
Mayor
ATTEST:
Clerk
Date Published
Effective date
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CITY OF BROOKLYN CENTER
ORDINANCE NO.
AN ORDINANCE VACATING. EMERGENCY WATER EASEMENTS; EXISTING
ON LOTS 15 AND 16, BLOCK 6, PEARSON'S NORTHPORT 3RD ADDITION
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS:
Section 1: The emergency water easements existing on Lots 15
and 16, Block 6, Pearson's Northport 3rd Addition, below described are
hereby vacated as emergency water easements
" The southerly S feet of the easterly 123.6 feet of Lot 15,
Block 6, Pearson's Northport 3rd Addition, according to the
plat of record thereof, files of the Registrar of Titles,
County of .Hennepin, State of Minnesota;
and
The northerly 5 feet of the easterly 102.6 feet and the
• northerly 11 feet of the westerly 26 feet, except the
westerly 5 feet thereof, of Lot 16, Block 6, Pearson's
Northport 3rd Addition, according to the plat of record
thereof, files of the Registrar of*Titles, County of
Hennepin, State of Minnesota.
Section 2: This ordinance shall be effective after adoption
` and thirty (30) days following its legal publication.
Adopted this day of 19
Mayor
ATTEST:
Clerk
Published in the official newspaper
Effective Date
(Underline indicates new matter)
Licenses to be approved by the City Council on June 6, 1977.
I TINERANT FOOD ESTABLISHMENT LICENSE - ff
Sears 1297 Brookdale Center _ V. A
S ita ria n
MECHANICAL SYSTEMS LICENSE
Del Air Conditioning, Inc. 9860 James Circle !�
Building Inspector
RENTAL DWELLING LICENSE
Initial:
Dale C. Wegner 5935 Dupont Ave. N.
Director of Punning
and Inspection
SWIMMING POOL LICENSE 1 9
Columbus Village Apts . 507 70th Ave. N. '4 : ;e -e
Hi Crest Apts. 1300 67th Ave. N. ; ",
Sa ` tarian
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