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HomeMy WebLinkAbout2025.07.14 CCP WORKCOUNCIL/EDA WORK SESSION MEETING City Hall Council Chambers July 14, 2025 AGENDA 1. Active Discussion Items a. Permitted Districts for Commercial Animal Establishments 2. Adjournment Page 1 of 12 Council Regular Meeting DATE: 7/14/2025 TO: Council/EDA Work Session FROM: Jesse Anderson, Community Development Director THROUGH: Krystin Eldridge, Associate Planner BY: Krystin Eldridge, Associate Planner SUBJECT: Permitted Districts for Commercial Animal Establishments Requested Council Action: Review Chapter 35 - Unified Development Ordinance’s permitted districts for commercial animal establishments Background: Recently, many cities have been reviewing their ordinances to regulate pet store usage of puppy mills, and a bill was introduced to the Minnesota Legislature that has not passed as of this year. Since it has not been passed by Minnesota legislature yet, animal advocates are visiting cities to encourage them to adopt a resolution that bans pet stores from using puppy mills and ensure animal welfare and safety before selling to prospective pet owners. In 2017, Roseville was the first to ban the sell of cats and dogs after Har Mar Pet Center was found to have grim conditions, inferior pet screening, and selling sick animals. Since then, 11 other cities have passed a version of a humane pet conditions ordinance, to ban the use of commercial puppy mills or the sell of kittens and puppies that use commercial puppy mills. Those cities include: Eden Prairie, St. Paul, Carver, Cloquet, Minneapolis, Coon Rapids, Columbia Heights, Maple Grove, Oak Grove, Edina and Osseo. The Unified Development Ordinance regulates Commercial Animal Establishments (formerly known as kennels) and Animal Hospitals. Commercial Animal Establishments are defined as any business that raises, breeds, sells, boards, distributes or exhibits animals for entertainment or education purposes. This definition includes uses such as pet stores, aquariums, petting zoos, riding schools, zoological parks, or performing animal exhibitions. Commercial Animal Establishments are permitted in the Commercial (C), Business Mixed Use (MX-B) and the Industrial district (I). Permitted would mean only administrative approval is needed from City Staff and no public review is necessary. Animal Hospitals and Veterinary Clinics are permitted in every nonresidential district except Industrial. The Unified Development Ordinance regulates the location for this use, and the City Clerk’s Office administers a Commercial Kennel License, which regulates standards and limits the number of cats and dogs in one dwelling unit to avoid any issues Page 2 of 12 regarding maintenance, nuisance or general aesthetic depreciation. Budget Issues: Inclusive Community Engagement: Antiracist/Equity Policy Effect: Strategic Priorities and Values: ATTACHMENTS: 1. Chapter 35 - Unified Development Ordinance - Allowed Use Table 4103 - Commercial Animal Establishments 2. Chapter 1 - Animals Ordinance - Commercial Kennel License Language 3. Roseville Title-5-Pet_Store_Ordinance_Example 4. ZoningMap_2023 Page 3 of 12 Page 4 of 12 Section 1-102. LICENSE REQUIRED. Commercial Kennel License. Every person operating a commercial kennel shall annually obtain from the City Clerk, upon authorization by the City Council, a commercial kennel license. Commercial kennel licenses shall be posted in a conspicuous place within the licensed premises. Section 1-103. LICENSE FEES. The license fee for each commercial kennel license, each renewal license, and each impounding penalty described herein shall be as set forth by City Council resolution. Every such license shall expire on September 30 next after its issuance. 1. Refunds, Prorating, and Transfers. No commercial kennel license fee shall be refunded or prorated, the provisions of Chapter 23 of Brooklyn Center Ordinances notwithstanding. No license required hereunder shall be transferable. Section 1-104. APPLICATION PROCEDURES AND ISSUANCE OF LICENSES. Applications for all licenses required by this Chapter shall be made to the City Clerk. 1. Application for Commercial Kennel License. a. Initial application for a commercial kennel license shall be made to the City Clerk. The application shall state the name and address of the applicant, the property address or legal description of the proposed kennel location, a sketch or drawing of the proposed kennel describing construction, operation, and the approximate number of animals to be confined therein, together with their age, breed, and sex, and together with the applicable license fee. b. Hearing Required. A commercial kennel license application shall be referred to the Public Health Sanitarian who shall review the kennel design and operation and make a recommendation to the City Council on the adequacy thereof. Applications for commercial kennel license shall be placed on the agenda of the City Council for a public hearing at the regular City Council meeting next following 14 days after the application is received. Not less than seven (7) days before the date of the public hearing, the City Clerk shall mail notice of the hearing to the applicant and to the owners of property within 150 feet of the proposed kennel location. The failure of any owner to receive such notice shall not invalidate the proceedings. c. Council Approval. The City Council may approve the commercial kennel license and may attach to such approval any conditions necessary to insure compliance with this ordinance, with Chapter 19 of City Ordinances, and any other condition necessary to protect the health, safety, welfare, and property values in the immediate area. The City Council may deny a Page 5 of 12 commercial kennel license upon finding that the establishment of the kennel would constitute a public nuisance, or would adversely affect the health, safety, welfare or property values of the person residing, living, or owning property within the immediate area. The form of approval for a license shall be the resolution of approval, a certified copy of which shall be forwarded to the applicant. d. Renewal of License. A copy of the commercial kennel license shall be forwarded to the City Clerk who shall maintain a register of kennel licenses. Subject to any time limitation set by the City Council, the license shall be valid for a period of one year and until October 1 of the then current calendar year and shall be renewable on October 1 of each year thereafter by the City Clerk upon payment of a renewal license fee set forth by City Council resolution, only in the event no complaint regarding the kennel's operation has been received during the license year. In the event that no revocation of the license is made or contemplated by the City Council, the license shall be renewable as set forth in this subdivision. e. License Revocation. In the event a complaint has been received by City officials, a report thereof shall be made to the City Council by the City Clerk and the City Council may direct the applicant to appear to show cause why the license should not be revoked. A license may be revoked for violation of this ordinance, Chapter 19 of the Brooklyn Center Ordinances, or any condition imposed at the time of issuance. f. Condition of License. No license shall be granted or renewed for operation on any property on which taxes, assessments, or other financial claims of the state, county, school district, or city are due, delinquent, or unpaid. In the event a suit has been commenced under Minn. Stat.§ 278.01 to 278.03, questioning the amount or validity of taxes, the City Council may on application waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof which remain unpaid for a period exceeding one (1) year after becoming due. Section 1-106. STANDARDS FOR COMMERCIAL KENNELS. All commercial kennels shall be designed, operated and maintained according to the following standards:1. Commercial kennel floors and walls shall be constructed of impervious materials and all structures, areas, and appurtenances shall be designed to facilitate thorough and convenient cleaning. Commercial kennels shall be adequately ventilated and all doors, windows, and other openings to the outside shall be screened, May through October. The commercial kennels shall be provided with adequate and potable water supplies and shall be equipped with sewer facilities. Plans for all new commercial kennels and repairs or alterations to existing commercial kennels must be filed with and approved by the City's Public Health Sanitarian as a condition of the license. 2. Operating Standards. The licensee, its agents and employees shall operate and maintain the kennel in accordance with standards set out in Title 9, Chapter 1, Page 6 of 12 Subchapter A, Part 3, Section 3.100 through 3.106 of the United States Department of Agriculture, Animal and Plant Health Inspection Service, a copy of which is adopted by reference. Section 1-107. RABIES VACCINATION REQUIRED. A person who owns, harbors, or keeps a dog over six months old within the city must have the dog vaccinated by a licensed veterinarian with an anti-rabies vaccine that is currently effective. A vaccination certificate is valid only for the dog and owner to which it is issued. A person must not use a rabies vaccination certificate for a different dog than the one for which it was issued. Section 1-108. TAGS. A person who owns, harbors, or keeps a dog over six months old within the city must securely attach an identification tag or plate to the dog's collar so that it can be readily seen. The tag or plate must contain the name and home telephone number of the owner or other person who is keeping the dog. The identification tag or plate must be worn by the dog at all times when it is off the owner's or keeper's property. Section 1-109. LIMIT ON NUMBER OF CATS AND DOGS. Because the keeping of three (3) or more dogs or four (4) or more cats in the family dwelling unit or on the family premises is subject to great abuse, causing discomfort to persons in the area, by way of smell, noise, hazard, and general aesthetic depreciation, and because the irresponsible maintenance of three (3) or more dogs or four (4) or more cats within a residential area has been the source of a variety of complaints, no family or family member shall keep, harbor, or have custody of more than two (2) dogs, or more than three (3) cats, or a combination of more than five (5) animals exceeding six months of age in the family dwelling unit or on the family premises. Section 1-110. NUISANCE PROHIBITED. It shall be unlawful for any person to keep an animal in any unsanitary place or condition, or in a manner which results in noisome odors, or in any way which constitutes a nuisance or a disturbance by reason of barking, howling, fighting, or other noise, or to maintain or permit a condition which unreasonably annoys, injures, or endangers the safety, health, morals, comfort, or repose of any person or property. Section 1-111. RUNNING AT LARGE PROHIBITED. It shall be unlawful for any owner to allow its animal to run at large. Section 1-112. ANIMAL CONTROL OFFICER. The City Council may provide for a City Animal Pound, either within or outside the corporate limits and may provide for an Animal Control Officer to enforce this ordinance. Section 1-113. ENFORCEMENT PROCEDURES. The Animal Control Officer may capture and impound any animal running at large. Section 1-114. QUARANTINE. Any animal, including wild animals that have bitten a person shall immediately be impounded for at least 10 days and kept apart from other animals, under the supervision of a veterinarian, until it is determined whether such animal had or has a disease which might have been transmitted by such bite. Such impounding may be done by the owner, and need not be at the pound designated by the City, but if it is not at the designated pound, Page 7 of 12 the owner shall notify the police department immediately and shall furnish proof in writing that such animal is being so impounded. Upon the expiration of 10 days, if it is determined that the animal does not have a disease which might have been transmitted by such bite, it may be released, and the police department shall be notified immediately prior to such release by the owner of the animal. If the animal is impounded at the designated pound, it may be reclaimed as hereinafter provided. Any animal which has been bitten by a rabid animal shall be killed or impounded and kept in the same manner for a period of six months; provided that if the animal which has been bitten by a rabid animal has been vaccinated at least three weeks before such bite and within one year of such bite and if it is again immediately vaccinated, then such animal shall be confined or impounded for a period of 40 days before it is released. The owner of an animal which has been bitten by a rabid animal shall notify the police department immediately prior to the release of any such animal. Section 1-115. DANGEROUS ANIMALS. If an animal is diseased, vicious, dangerous, rabid or exposed to rabies and such animal cannot be impounded after a reasonable effort or cannot be impounded without serious risk to any person or persons, or if the animal has made more than one attack on a person or persons, such animal may be immediately killed by or under the direction of a police officer. Section 1-116. TREATMENTS DURING IMPOUNDING. Any animal which is impounded in the designated pound shall be kept in accordance with Section 1-106 of this ordinance. If the animal is not known or suspected of being diseased and has not bitten a person or been bitten by a rabid animal, it shall be kept in the pound for at least five days, unless it is sooner reclaimed by its owner. If such animal is known to be or is suspected of being diseased with a disease which might be transmitted to persons, it shall be kept in the pound for at least 10 days. Section 1-117. REDEMPTION OF IMPOUNDED ANIMALS. Any animal may be redeemed from the pound by the owner upon payment of the following: 1. The amount of the boarding fee which the City is required to pay the pound keeper. 2. An impounding penalty as set forth by City Council resolution. The City Manager or the City Manager's designee may waive the late-license penalty and the impounding penalty for persons other than the owner in cases of sale in accordance with Section 1-118 of this ordinance. Section 1-118. DISPOSAL OF UNREDEEMED ANIMALS. The City's designated pound keeper shall make an effort to contact the owner of any animal which has been impounded and which has identification on it. If at the end of the impounding period the animal is not reclaimed by the owner, such animal shall be deemed to have been abandoned and may be disposed of or sold to any person following the procedures contained in Minn. Stat. § 514.93 relating to the sale of unclaimed animals by veterinarians. Section 1-119. ABANDONMENT. It shall be unlawful for any person to abandon any Page 8 of 12 animal, including wild animals in Brooklyn Center. Section 1-120. ANIMAL WASTE. 1. No owner or custodian of any animal shall cause or allow such animal to soil, defile or defecate on any public property or upon any street, sidewalk, public way, play area or common grounds owned jointly by the members of a homeowners’ or condominium association, or upon private property other than that of the owner, unless such owner immediately removes and disposes of all feces deposited by such animal in a sanitary manner. 2. It is unlawful for any person owning, keeping or harboring an animal to cause or permit said animal to be on any public property, without having in their immediate possession, a device for the removal of feces and depository for the transmission of excrement to a proper receptacle located on the property owned or possessed by such person. 3. It is unlawful for any person in control of, causing or permitting any animal to be on any public property, to fail to remove feces left by such animal and dispose of it properly. 4. Proper disposal of animal waste shall be limited to burial where lawfully permitted, flushing in the toilet, bagging for disposal in the owner or keeper’s waste receptacle, and bagging for disposal in a waste receptacle in a public park or park area. 5. Disposal of animal waste in storm drains is prohibited. 6. Disposal of animal waste in public compost is prohibited. 7. The provisions of this Section shall not apply to the ownership or use of any properly identified service animals, animals when used for police activities, or tracking animals when used by or with the permission of the appropriate authorities. 8. Any Compliance Official, Code Enforcement Officer, Animal Control Officer or an agent designated by the City Manager should be responsible for issuing the citations. Page 9 of 12 Page 10 of 12 Page 11 of 12 N o b l e A v e n ue N o r t h B ro okdale D r i v e N o r t h Schi lling Park I nte rstate 9 4 U n i t y Aven u e Nor t h U n i t y A v e n u e N o r t h H o w e L a n e 65thAvenue N o rth 6 5 t h A v enue N o rth 73rdAvenu e N o r t h 6 9 t h A v e n u e N o rt h B r o o kl y n B o u l e v a r d Mac ParkCrystalAirport 864 ft 100 9 4 4 t h A v enue N orth C o u n t y R o a d 8 1 W e l come A v e nue N o rth O r c h a r d A v e n u e N o rt h P e r r y A v e n u e N orth Q u a i l A v e n u e N o rt h R e g e n t A v e n u e N o r t h N e w t o n A v e n u e N o r t h H u m b o l d t A v e n u e N o r t h Brookdale Drive North Palmer Lake Environmental Area Brookdale Park 850 ft 873 ft P a l m e rLake 10 100 94 7 3 rd A v enue N o r th F r a n c e A v e n u e N o r t h F remont Avenue Nor t h 6 0 t h A v e nue N o r t h X e r x e s A v e n u e N ort h N e w t o n A v e n u e N o rth B e a r d A v e n u e N o r t h P a l merLakeDriveW e s t 5 9 t h A v e n u e N o r t h 6 1st Ave nue N o r t h Freeway Bo u l e v a r d 6 6 t h A v enue North H u m b o l d t A v e n u e N o r t h 6 9 th Avenue N o r t h Summit D r i ve 5 8 t h A v e n u e N o r t h County Ro a d 1 0 B r o o k l y n B o u l e v a r d 57th A v e n u e N o rt h B r o o k l y n C e n t e r 860 ft T w i nLake 100 152 4 3 r d A v e n u e N o rth 5 5 th A v e n u e N o r t h X e r x e s A v e n u e N o rt h R u s s e l l A v e n u e N o r t h 4 0 t h A v e nue N o r th France Av e n u e N o r t h Z e n i t h A v e n u e N o r t h 5 1 s t A v e nue N o r th 4 9 t h A v e nue N o r th 4 5 th Av e n u e N ort h 4 6 t h A v e n u e N o rth G i ra r d A v e nue N o r th Y o r k A v e n u e N o r t h F re m o n t A v e n u e N o rth A b b o t t A v e n u e N o r t h V i n c e n t A v e n u e N o r t h Hum b o l d t A v e n u e N o r t h C o u n ty R o a d 8 1 P e n n A v e n u e N o r t h 4 4 th A v e n u e N o r t hLakeDrive H u m b o l d t Avenue No r t h B r o o k l y n B o u l e v a r d Crystal Lake C emetery C enterbrook Golf Course Shi ngle C reek Crossing Shingle Creek Park Victory Memorial Parkway Thomas Hollingsworth Park R o b b i n s d a l e C r y s t a lLake 81 M e m o r i a l P a r k w a y V i n c e n t A v e nue N o r t h R u s s e l l A v e n u e N o rt h 3 9 t h A v e n u e N o rt h U pt o n A v e n u e N o rt h J a m e s A v e n u e N o r t h Q u e e n A v e n u e N o r t h G i r a rd A v e n u e N o r t h I rv i n g A v e nue N o r t h W a s hb ur n A v enue N o r t h K n o x A v e n u e N ort h M a j o r A v e n u e N o rth L o g a n A v e n u e N o r t h Hum b o l dt A v e nue N o r t h G r i m es A v enue N o rth N o b l e A v e n u e N o rt h J une A v e n u e N o r t h Lakev iew Terrace Park Brookdale D r i v e N o rt h M i s s i s s i ppi La n e N o r t h Mississippi River 252 94 7 3 rd A v e n u e N o r t h Dallas Road B r y a n t A v e n u e N o r t h Bry ant Av e n u e N or t h D u p o n t A v e n u e N o r t h E merson A v enue N o rt h Wes t R i v e r R o a d 5 7 th A v enue N ort h C am den A v e nue N o r t h E astRiverRoadNortheas t Missi s s i p p i River Mississippi River D u p o nt A v e n u e N o rt h E m e rs o n A v e n u e N o r t h B ry a nt A v e n u e N o r t h 6 t h S t r e e t N o rt h A l dri c h A v e nue N o r t h C o l f a x A v enu e N o r t h C o l f a x Av enue North Lyndale AvenueNorth 4 2 nd A v e n u e N o r t h Webber Park St Anthony Parkway Anoka Co Ri verf ront Regi onal Park A l dri c h A v e n u e N o r t h C o l f a x A v e n u e N o r t h B r y a n t A v e n u e N o r t h 3 9 th Av e nue No r t h Dowl i n g A v e nue N o r th ROBBINSDALE CRYSTAL FRIDLEY BROOKLYN PARK MINNEAPOLIS %&'(694 %&'(94 %&'(94 GVWX130 GVWX8 GVWX1 GVWX57 GVWX9 GVWX10 GVWX81 GVWX152 ?@A@252 ?@A@100 ?@A@100 Ma p D o c u m e n t : \ \ a r c s e r v e r 1 \ G I S \ B R C N \ _ B a s e m a p \ E S R I \ P r o \ Z o n i n g \ Z o n i n g M a p \ Z o n i n g M a p . a p r x | U s e r n a m e : d a v i d s a | D a t e S a v e d : 3 / 1 6 / 2 0 2 3 4 : 4 4 P M Legend City Boundaries Shoreland Areas Mississippi River Corridor Critical Area (MRCCA) Districts District Description (District Code) River Neighborhood District (CA-RN) Separated from River District (CA-SR) Water Zoning Districts R1 : Low Density Residential R2 : Medium Low Density Residential R3 : Medium Density Residential R4 : Medium High Density Residential R5 : High Density Residential MX-N1 : Neighborhood Mixed- Use MX-N2 : Neighborhood Mixed- Use MX-B : Business Mixed Use I : General Industrial MX-C : Commercial Mixed-Use C : Commerce - Service/Office TOD : Transit Oriented Development O : Public Open Space PUD/C1 : Planned Unit Development/Commercial 1 PUD/C2 : Planned Unit Development/Commercial 2 PUD/C1A : Planned Unit Development/Office-Service PUD/I1 : Planned Unit Development/Industrial 1 PUD/R1 : Planned Unit Development/Residential 1 PUD/R3 : Planned Unit Development/Residential 3 PUD/MX-C : Planned Unit Development/Commercial Mixed-Use PUD/MX-B : Planned Unit Development/Business Mixed Use PUDMIXED : Planned Unit Development/Mixed PUD/TOD : Planned Unit Development/Transit Oriented Development 0 1 Miles Source: MnGeo, Hennepin County !I Brooklyn Center Zoning Map Brooklyn Center, MN Shoreland and MRCCA Areas March 2023 Page 12 of 12