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HomeMy WebLinkAbout2004-19 09-23 APSTATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Fi- nancial Officer of the newspaper known as Sun -Post and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applic- able laws, as amended. (B) The printed public notice that is attached was published in the newspaper once each week, for one successive week(s); it was first published on Thursday, the 23 day of September 2004, and was thereafter printed and published on every Thursday to and including Thursday, the day of 2004; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowl- edged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopqrstuvwxyz BY: Subscribed and sworn to or affirmed before me on this 23rd day of September 2004. newspapers AFFIDAVIT OF PUBLICATION v Notary Public RATE INFORMATION (1) Lowest classified rate paid by commercial users 2.85 per line for comparable space Maximum rate allowed by law 6.20 per line (3) Rate actually charged 1.30 per line estlThursday, Sept. 23, 2004 LEGAL NOTICES 3. Boa hall n, if a:+Re. onz •l of the changes by submitting a copy of said tech- nical or scientific data of Adjustment: City of Brooklyn Center c. riances. The Board may authorize upon appeal in pecific cases such relief or Variance from the to s of this Ordinance as are consistent with the pro 'signs of Section 35 -24Q of the Zoning Ordi- nen, In the granting of such Variance, the Board of A. ustment shall clearly identify in writing the speci conditions that existed consistent with the criteri specified in Section 35 -240 which justified the gr nting of the Variance. No Variance shall have t effect of allowing in any district uses pro hibited 'n that district, permit a lower degree of flood p tection than the Regulatory Flood Protec- tion Ele ation for the particular area, or permit standa lower than those required by State law. The folio ing additional variance criteria of the Federal' a prgency Management Agency must be satisfied ]11 Varian s sh: il net be issued by a community within designated revelatory floodwav if any in ease in flood levels during the base flood rge would result 121. Varian ::shall only be issued by a communi- ty upon a showing "of.good and shfficient cause. (ii) .determination that failure to grant the.variah would result in exceptional hard- shin to the onticant. and (Hilo determination tins of a variance will not result to public ty. extraordinary pul]lic expense create nuis ces. cause fraud on or victimize tion of the pu lic. or conflict with existing local laws or ordin ces Variances shay only be issued upon a deter- �arrvv nee is the minimum ne ford sae con eing the flood hazard. to af- Section 35-2200, NONC 1 NFORMING USES IN THE ?LOOD HAZARD ZONES. 1. A structure or the use of'a tructure or premises which was lawful before the pas age or amendment of this Ordinance but which is no in conformity with the pro visions of this Ordinance ay be continued subject to the following conditions[:], Historic structures. as de fined in Section 35- 2120.8 f this Ordinance. shall he pubiect to the provisions o ection 35-2200 la -le b. Any structural alterati n or addition to a noncon- forming structure or onconforming use which would result in increasing the flood damage po- tential of that structu or use shall be protected to the Regulatory Flood tection Elevation in ac- cordance with any of th elevation on fill or flood proofing techniques (i.., FP -1 thru FP -4 flood proofing classification allowable in the State Building Code, except a; further restricted in Sub- section c below. e. If any nonconforming se or structure is [de- stroyed by any means, eluding floods, to an ex- tent of 50 percent or in re of its market value at the time of destruction] ubstantiallv damaged. as defined in Section 35 -2 (.8 of this Ordinance it shall not be reconstruc except in conformity with the provisions of Ordinance. The applic- able provisions for esta. new uses or new structures in Sections 5 -2140, 35- 2150, or 35 2160 will apply depend' g upon whether the use or structure is in the Fl odway, Flood Fringe or General Flood Plain Dist 'et, respectively. f If a substantial improve ent occurs. as defined in Section 35 -2120 8 of th'- Ordinance. from any combination of a buildin addition to the outside dimensions of the existin building or a rehabili- tation. reconstruction.: teration. or other im- •ee. einsid '.n.fanexi nonconforming building. hen the building addi- tion (as required by Sect on 35- 2200.1(b) above) and the existing noncon rming building must meet the requirements of Section 35 -2140 or 35- 2150 of this Ordinance f r new structures. de- pen in _upon whether t e structure is in the Floodwav or Flood Fringe istrict. respec ively. Section 35 -2220, AMENDME TS. The flood plain designation on the Official Zoning ap shall not be re- moved from flood plain areas unles it can be shown that the designation is in error or that th area has been filled to or above the elevation of the [regio al flood] regulatory flood protection elevation and is con ous to lands out- side the flood plain. Special exceptio to this rule may be permitted by the Commissioner of Nat ral Resources if he -letermines that, through other measu s, lands are ade- lately protected for the intended use. bidn 2. This ordinance shall be me effective eafer adoption and upon thirty days followin_ its legal publica this 13' day of September, 2004 11I Myrna Kragness ATTEST: City Clerk Sharon Knutson Date of Publication: September 23, 200 Effective Date: October 23, 2004 (Brackets indicate matter to be deleted u erline indi- cates new matter.) (Sept. 23, 2004)pl/ PubHrg Flood Plain 2 (Official Publication) CITY OF BROOKLYN CENTER Notice of ordinance adoption ORDINANCE NO. 2004 -19 4 -18 AN ORDINANCE AMENDING SECTION 1 -104 OF THE CITY CODE RELATING TO THE LICENSING OF COMMERCIAL KENNELS; AMENDING. SEC- TIONS 12 -901 AND 12 -903 OF THE CITY CODE RE- LATING TO THE LICENSING OF RENTAL HOUS- ING; ADDING SECTION 23- 006.05.TO THE CITY CODE AND AMENDING SEITTONS 2)3 -610, 23" -661, 23 -1204, AND 23- 2309.OFTHE C CODE RELAT- ING TO GENERAL LICENS ,la REGULATIONS. AND THE PAYMENTi t TAXES; RE- PEALING SECTIONS 1 VIII. v UGH 23 -1008 OF THE CI' Cry Copt ItEL:=4 'TO. LICENS- ING OF COIN OPERATED AND SELF SERVICE DRY CLEANING MACHINES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS Section 1. Section 1 -104 of the Brooklyn Center City Code relating to the licensing of commercial kennels mended to read: Section 1 -104. APPLICATION PROCEDURES AND IS- SUANCE OF LICENSES. Applications for all licenses re- quired by this ordinance 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, op- eration, and the approximate number of animals to be confined therein, together. with their age, breed, and sex, and together with the applicable li- cense 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 Councifineeting next following 14 days after the application is re- ceived. Not less than seven (7) days before the date of the public hearing, the City Clerk shall mail notice of the hearing tp the applicant and .to the owners of property within 150 feet of the pro- posed kennel location. The failure of any owner to receive such notice shall not invalidate the pro= ceedings. c. Council Approval, The City Council may app"rpve 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 nec- essary to protect the health, safety, welfare, and property values in the immediate area, The City Council may deny a commercial kennel license upon finding that the establishment of the kennel would constitute a public nuisance, or would ad- versely affect the health, safety, welfare or prop- erty values of the person residing, living, or own- ing 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 for- warded to the applicant. d. Renewal of License A copy of the commercial ken- nel 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 re- ceived during the license year. In the event that no revocation of the license is made or contem- plated by the City Council, the license shall be re- newable 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 Cen- ter 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 o the state. county. school district. or city are due: delin- quent. or unpaid. In the event a suithas been com- menced under Minnesota Statutes. Section 278.01 -278 03 questioning the amount or validity of taxes. .the City Council may on application waiv i n wi i vi 'o.• n� 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 2. Section 12 -901 of the Brooklyn Center City Code is amended to read: Section 12 -901. LICENSING OF RENTAL UNITS. 1. License Required. No person shall operate a rental dwelling without first having obtained a license to do so from the City of Brooklyn Center as hereinafter pro- vided. There shall be two types of licenses: regular and provisional. Provisional licenses are defined in Section 12 -913. 2. License Term. Regular licenses will be issued for a pe- riod of two years. Provisional licenses will be issued for a period of six months. All licenses, regular and provisional, will be reviewed every six months after the beginning of the license term to determine the li- cense status 3. License renewal License renewals .shall be filed, at least 90 days pr•1os license expiration date. Within two weeks; of�recel]) 'of a complete application and of the license,'fee,required by Section 12 -902, the Com- pliance official shall schedule an inspection. No ap- plication for an initial or renewal license shall be sub- mitted to the city council until the Compliance official has determined that all life, health safety violations or discrepancies have been corrected. 4 Condition of License. Prior to issuance or renewal of a license an. at all times during the license term. a li- cense holder must be current on the uayment of all utili y fees. taxes. and assessments due on the licensed property and any other rental real property in the city own e license holder. I the eve ui ha been commenced under Minnesota Statutes. Section 278.01- 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 a 1 Section 3. Section 12 -903 of the Brooklyn Center City Code is amended to read: Section 12 -903 OWNER OR AGENT TO APPLY. Li- cense application or renewal shall be made by the owner.: of rental units or his legally constituted agent. Applica tion forms may be acquired from and subsequently filed with the compliance official. The applicant shall supply;; 1. First, middle (if any), and last name, address, date of birth, and telephone number of dwelling gqvvxxnnet, oaJztr, ing partners if a partnership, corporate offeers ifa poration. 2. Name, address, and telephone number of designated resident agent, if any 3. Name, address, and telephone number of vendee, if the dwelling is being sold through a contract for deed. 4. Legal address of the dwelling. 5. Number of dwelling units within the dwelling. 6 Description of procedure through which tenant in.. www.mnScn.com quiries and complaints are to be processed. 7. Status of utility fees. property taxes. and other as- s s -m•ntso ,wellin n. h•. •.n l.,r,, ertv in the city owned by the applicant. Every person holding an operating license shall give notice in writing to the compliance official within five business days after any change of this information. Notice of transfer of ownership shall be as described in Section 12 -908. Section 4. The Brooklyn Center City Code is amend- ed by adding a new Section 23- 006.05 relating to general business licensing and the payment of property taxes. Section 23- 006.05 PAYMENT OF PROPERTY TAXES REQIJIRED. No license shall be granted or renewed for tobacco related products• bowling alleys: public dancing filling stations• pawnbrokers: secondhand goods dealers• motor vehicle dealerships: saunas and sauna baths; mas- sage parlors: rap parlors. conversation parlors. adult en- counter groups. adult sensitivity groom. escort services model services. dancing services. or hostess services• amusement devices: or tattoo and body piercing establish- ments for operation on any orooertv on which taxes. as- sessments. 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 Minnesota Statutes. Section 278.01- 278.03. auestionine the amount or validi],y_ottaxes. the Citv 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 be- coming due Section 5. Section 23 -610 of the Brooklyn Center City Code relating to the licensing of pawnbrokers is amended to read:.- Section 23-610 PLACES INELIGIBLE FOR LI- CENSES A license will not be issued or renewed under this section for any place or for any business: [a. If taxes, assessments or other financial claims of the City or the State of Minnesota on the licensee's busi- ness premise are delinquent and unpaid;] [b.] If the premise is located within 300 feet of, or in the same building as, or on the same legally subdivid- ed lot, piece, or parcel of land as any of the following uses: a school, day care center, church, hospital, on- sale liquor establishment, halfway house, currency ex- change operation, theater,' residence. secondhand goods dealer, tattoo establishment, body piercing es- tablishment, massage parlor, sauna, or another pawn- shop; provided however, that a pawnshop and a sec- ondhand goods dealer may occupy a single licensed premises in common if both activities are licensed for that premises; b. [c.] Where operation of a licensed premise would vio- late zoning ordinances; c [d.] Where the applicant's present license was issued conditioned upon the applicant making specified im- provements to the licensed premise or the property of the licensed premise which improvements have not been completed or; [e.] Established as a pawnshop after April 2, 1996, which is within ten 110) driving miles of any gambling casino. Section 6. Section 23 -661 of the Brooklyn Center City Code relating to the licensing of secondhand goods dealers is amended to read: Section 23 -661, PLACES INELIGIBLE FOR LI- CENSES. A license will not be issued or renewed under this section for any place or for any business: [a. If taxes, assessments or other financial claims of the City or the State of Minnesota on the licensee's busi- ness premise are delinquent and unpaid;] a. [b.] Within 300 feet of, or in the same building as, or on the same legally subdivided lot piece, or parcel of land as any of the following uses: a school or day care center if the secondhand goods dealer will receive firearms or if located within 300 feet of a pawnshop, tattoo establishment, currency exchange operation, massage parlor, body piercing establishment, sauna, or another secondhand goods dealer; provided howev- er, that a pawnshop and a secondhand goods dealer may occupy a single licensed premises in common if both activities are licensed for that premises; lv [c.] Where operation of a licensed premise would vio- late zoning ordinances; or S Id.] Where the applicant's present license was issued conditioned upon the applicant making specified im- provements to the licensed premise or the property of the licensed premise which improvements have not been completed. Section 7. Section 23 -1204 of the Brooklyn Center City .Code relating to the licensing of motor vehicle deal erships,isamended to Section 23 -1204. CONDITIONS IN, OF AND FOR MOTOR VEHICLE DEALER LICENSES. No motor ve- hicle ligalees, license shall be issued except under the fol- lowing cpnditions: a. No Class A motor vehicle dealer license shall be issued to any person who does not possess and operate under a new car franchise or contract in and for the City of Brooklyn Center, except that such license may be is- sued to any person not operating under such new car franchise if such licensee operates and maintains in Brooklyn Center an enclosed garage, showroom or other car display or rental structure on the land, which structure shall have a true and full City Assessor value equal to at (east twice the true and fill value of land used by such licensee in the sale of new and used cars. b. Every Class A licensee shall provide, operate and maintain in the City of Brooklyn Center at least one equipped and manned repair shop or facility capable of repairing the motors, engines, brakes. lights. tires, electrical and other operating equipment of any motor vehicle sold by such dealer. c. No motor vehicle dealer license of any class shall be is- sued for any place or business [on which any taxes are delinquent on the records of the office of the Hennepin County Auditor or] which is not zoned therefore. d. Each licensee shall provide sufficient parking space on licensee's premises for all motor vehicles repaired or, processed by such licensee. e. The applicant for any license required under this or- dinance shall file an application for plan approval with the Secretary of the Brooklyn Center Planning Com- mission. Such application shall be accompanied by a detailed map, plat or drawing of the place of business for which such license is to be issued showing among other information, the address, location and dimen- sions thereof; the location, type and dimensions of any building, fence, and lighting equipment thereon; the intended plan of all vehicle parking, the location and dimensions of processed car storage space; all curb Legals continued on next page Section 10 adoption and tb open ngs; all driveways and alleyways therein and thereon; and a certificate by the City Engineer ap- proving the drainage and paving on such place of busi- ness. Unless changes are thereafter made, the same plan or map and other information need. not be resubmitted for any renewal. Section 9. Sections 23 -1001 through 23 -1008 of the City Code relating to coin operated and self service dry cleaning cirachines are hereby repealed. rrdinance shall be effective ai flays llowing its legal catio` Adapted thes 13th day of September, 2004. f. The payment of the fees hereinafter set forth. forth for Class A licenses. h. The obedience to -all of the other conditions and'provi- sions,`governing such business or operation set forth in this ordinance, other ordinances of Brooklyn Cen- ter, and the laws 'of the State of Minnesota. g The approval and filing of the bond as hereinafter set Section 8. Section 23 -2309, of the Brooklyn Center City Coilerelating tolthe licensing of tattoo and body pierc- ing establishin ents is amended motion "23 -2309. PLACES INELIGIBLE FOR LI- CENSE [a. No license shall be granted or renewed far 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 Minnesota Statutes, Sec- tion 278.01- 278.03, questioning the amount or validi- ty of taxes, the City Council may on application waive strict compliance with this provision; no waiver may be gran however, for taxes or any portion thereof which remain unpaid for a period exceeding one (11 year after beconung due.1 a. [b.1 No license shall be granted or renewed ifthe prop erty is not properly zoned or does notqualify as a legal n onconforming use for tattooing and/or body piercing establishments. Bran 1L [c.1 Premises Licensed For Alcoholic Bevera s. No li eenseshall be red or renewed if the pre is li censed for the furnishing of alcoholic beverages or is an adult establishment pursuant to Section "35-21.82. c. [d.l No license shall be gran if the ce premrsesofland `i sigith- in 300 feet of, or ed in the s buildor paring as, l or on t of me legally piece the follo us es: a lot, ch u rch, school, day care ±center, hospital, on sale liquor es tablish m ent, halfway house, currency exchange operation, theater, residence, pawnshop, secondhand geode dealer, massage parlor, ment. sauna, or another tattoo ar body p establish Mayor Myrna l(ragress ATTEST:' City Clerk Sharon Knutson Date' of Publication: September 23,`2004 Effective Date: October 23, 2004 (Brackets indicate matter to be deleted, underline indi- rates new matter.) to read: (Sept. 23, 20041p1/PubHrg Lic Taxes