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HomeMy WebLinkAbout2004-18 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. §331 A.02, §331 A.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. RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space Maximum rate allowed by law (3) Rate actually charged newspapers AFFIDAVIT OF PUBLICATION 2.85 per line 6.20 per line 1.30 per line rOTICES 435.195, a resolution containing standards and guidelines for de ,rring the assessment for senior citizens for whom it wou be a hardship to make the payments on home- stead p •perty. The standards and guidelines are on file with the ity Clerk and the City Finance Department for your inspection. DEVIN MONTERO, CITY CLERK Published in t e Brooklyn Park Sun Post on September 16 and 23, 2004. (Sept. 16 23, 004)pl/proj W -1374, S- 1375 &SS -1376 City of Brookl 1 Center ial Publication) CITY OF Notice is hereby given t t a public hearing will be held on the 13th day of October .104 at 7 p.m. or as soon thereafter as the matter may be he rd at the City Hall, 6301 Shingle Creek Parkway, to consi. er An Ordinance Amending Sec- tions 11 -509, 11 -610, and 11 -710 of the City Code Relating to the Licensing of Establishments for the Sale of Alcoholic Beverages. Auxiliary aids for persons with disabilities are available upon request at least 96 h rs in advance. Please contact the City. Clerk at 763 -569- 00 to make arrangements. AN ORDINANCE AM 11 -610, AND 11 -710 0 ING TO THE LICENSI FOR THE SALE OF AL ATTEST: ORDINANCE NO. City of Brooklyn Center ROOKLYN CENTER City Clerk Date of Publication Effective Date D ?1C tor.? vr_h ,,1111 ..;,q.,rs••t 1'.•"7 9'0)1nr-Al; (allC Brooklyn Center, Brooklyn Park Sun•Posi/Thursday, Sept. 23, 202/,' 21A NDING SECTIONS 11 -509, THE CITY CODE RELAT- G OF ESTABLISHMENTS OHOLIC BEVERAGES THE CITY COUNCIL OF HE CITY OF BROOKLYN CENTER DOES ORDAIN FOLLOWS: Section 1. Section 11-50 of the Brooklyn Center City Code is amended as follows: Section 11 -509 PLAC a. INELIGIBLE FOR LI- CENSE. 1. No license shall be gran d, or renewed, for opera- tion ()n al any premises, on whi h any taxes, assessments, or other financial claims of the City County or [of the] State are -due, delinquent or un.. id, 2) anv premises that is part of a larger tax parcel on hich ad valorem real es- tate taxes or assessments colle with such taxes are due. delinquent. or unpaid. In the vent an action has been commenced pursuant to the pr isions of Chapter 278 Minnesota Statutes questioning t e amount or validity of taxes, the Council may, on appli ation by the licensee, waive strict compliance with this p ovision; no waiver may be granted, however, for taxes o any portion thereof, which remain unpaid for a period e ceeding one year after becoming due. Section 2. Section 11 -610 ofth: Brooklyn Center City Code is amended as follows: Section 11 -610. PLACES IN LIGIBLE FOR LI- CENSE. 1. No license shall be granted, o renewed, for opera- tion onjJ any premises, on which taxes, assessments, or other financial claims of the City County, or [of the] State are due, delinquent or unpaid is part of a larger tax parcel on which ad valorem real es- tate taxes or assessments collected ith such taxes are due. delinquent, or unpaid. In the eve an action has been commenced pursuant to the provisi. s of Chapter 278 Minnesota Statutes questioning the a ount or validity of taxes, the Council may, on applicati by the licensee, waive strict compliance with this provi on; no waiver may be granted, however, for taxes or an portion thereof, which remain unpaid for a period excee ing one year after becoming due. Section 3. Section 11 -710 ofth: Brooklyn Center City Code is amended as follows: Section 11-170 PLACES INEL GIBLE FOR LI- CENSE. 1. No license shall be granted, or re ewed, for opera- tion on 1.1 any premises, on which any to es, assessments, or other financial claims of the City, C. nty, or [of the] State are due, delinquent or unpaid. 2) a v premises that is part of a larger tax parcel on which ad alorem real es- ate taxes or a s• ents coil wit s h t. es a due. delinquent. or unpaid. In the event a action has been commenced pursuant to the provisions .f Chapter 278 Minnesota Statutes questioning the amo t or validity of taxes, the Council may, on application y the licensee, waive strict compliance with this provisio no waiver may be granted, however, for taxes or any •,rtion thereof, which remain unpaid for a period exceedin one year after becoming due. Section 4. This ordinance shall be ffectiVg after adoption and thirty days follawing its legal ublication. Adopted this day of 2004. Mayor (Brackets indicate matter to be deleted, under'ne indi- cates new matter.) (Sept. 23, 2004)pl/lst read liq lic Amdmt (Official Publication) CITY OF BROOKLYN CENTER NOTICE OF ORDINANCE ADOPTION ORDINANCE NO. 200448 AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING FLOOD PLAIN MANAGEMENT THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the follow- ing manner: Section 35 -2110. STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE. 2. Findings of Fact L National Flood Insurance Program Compliance This Ordinance is adapted to comply with the 8. Definitions on rules and regulations of the National Flood Insur- ance Program codified as 44 Code of Federal Reg, u ation- o L t1 main- tain the community's eligibility in the National Flood Insurance Program. Section 35 -2120 GENERAL PROVISIONS. 2. Establishment of Official Zoning Map The Official Zoning Map together with all materials attached thereto is hereby adopted by reference and declared to be a part of this ordinance. The attached material shall include the [Flood Insurance Study for the City of Brooklyn Center prepared by the Federal Insurance Administration dated February 17, 1982, and the Flood Boundary and Floodway Maps and Flood Insurance Rate Maps therein, all as amended by the attached Amendment No. 1, prepared by Barr En- gineering.] Flood Insurance Study. Volume 1 of 2 and .L1se_ dictions and the Flood Insurance Rate Map panels numbered 27053CO203 E. 2705300204 E, 2705300208 E. 27053CO209 E. 2705300212 E. and 27053CO216 E for the City of Brooklyn Center. dated September 2. 2004 as developed by the Federal Emer- gence Management Agency The Official Zoning Map shall be on file in the Office of the City Clerk and the Zoning Administrator. Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this ordinance its most reasonable ap- plication. .•w•. r— .w-- 1•• s•t• area (including basement). An unfinished or flood re- n 1• •fv i building access. or storage in an area other than a basement area is not considered a building's lowest Lau,: 1.4..1 1. u s ti •n w L i •uilt on a •rmanen l 1 y L. w manent foundation when attached to the required util- ities. The term "manufactured home" does not Inch ale the term "recreational vehicle." Recreational Vehicle a vehicle that is built on a sin- gle chassis. is 400 square feet or less when measured at the largest horizontal projection. is designed to be self propelled or permanently towable by a light duty tr .s-.. •t'- •t for -e •er- manent dwelling hut as temporary living ruaarters for 1 h erm recreational ve- r purposes o er /travel vehicle this Ordinance. the wi Substantial Damage means damage of any origin t.'. r w. ,e of r•sto n the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial Improvement within a y consecutive 365 -dav period. any reconstruction. rehabilitation (in- cluding normal maintenance and repair). repair after damage. addition or other improvement of a structure th- w1: h exc s 0 •ercent o the market value of the structure before the "state of con- struction" of the improvement. This term includes structures. which have incurred "substantial damage," dl t air work n T term does not however, include either: a. Any project for improvement of a structure to cor- rect existing violations of state or local health. san- itary. or safety code specifications which have been identified by the local code enforcement official whi sar .s ur safe living conditions b i_1 .l r: i•s •f. 1 r c r •r.vide that the alteration will not preclude the struc- ture's continued designation as an "historic struc- F.r "hi t ric ur Regulations. Part 59.1 Section 35 -2130 ESTABLISHMENT OF ZONING DISTRICTS. 1. Districts a. Floodway District The Floodway District shall include those areas designated as floodway on the [Flood Boundary and Floodway Map] Flood Insurance Rate Map adopted in Section 35- 2120.2. b. Flood Fringe District The Flood Fringe District shall include those areas designated as floodway fringe on the [Flood Boundary and Floodway Map] Flood Insurance Rate Map adopted in Section 35- 2120.2 as being w' 's. .n•Al tl• •r- ••i n•1.- cated outside of the floodway, c. General Flood Plain District The General Flood Plain District shall include those areas designated as [unnumbered A Zone] Zone A or Zones AE. Zone AO. or Zone AH without a floodway on the Flood Insurance Rate Map adopted in Section 35- 2120.2. 2. Compliance b. Modifications, additions, structural alterations, int n d r or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are reg- ulated by the general provisions of this ordinance and specifically Section 35 -2200. Section 35 -2140 FLOODWAY DISTRICT (FW). 4. Standards for Floodway Special Uses e. Accessory Structures 3) Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow; and, (c) Accessory structures shall be elevated on fill or structurally dry flood proofed in accordance with the FP -1 or FP -2 flood- proofing classifications in the State Building Code. As an alternative, an ac- cessory structure may be flood proofed to the FP- 3 or FP -4 flood proofing classification in the State Building Code provided the accessory structure constitutes a minimal investment, does not exceed 500 square feet in size, and for a detached garage, the detached garage must be used solely for park Legals continued on next page n rp 22A Brooklyn Center, Brooklyn Park Sun•PostlThursday, Sept. 23, 2004 ing of vehicles and limited storage. All flood proofed accessory structures must meet the fol- lowing additional standards l,as appropriate]: (1) The structure must be adequately anchored to prevent flotation, collapse or lateral move- ment of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls; and 2) Any mechanical and utility equipment in a structure must be elevated to or above the Regulatory Flood Protection Elevation or properly flood proofed. i To allow for the eaualization of hydrost. tic pres- sure there must be a minimum of two "automat- ic" openings in the outside walls of the structure having a total net area of not less than one square inch for every square foot of enclosed area subject fl.l. le•t es of th ctu roes must be no low d' human intervene h m f o n- s on to ooen a garage door prior to 1 %L.I. _Sm higher than one foot above the matic openings. Section 35- 2150, FLOOD FRINGE DISTRICT (FF): 4. Standards for Flood Fringe Special Uses: a. Alternative elevation methods other than the use of fill may be utilized to elevate a structure's low- est floor above the Regulatory Flood Protection El- evation. These alternative methods may include the use of stilts, pilings, parallel walls, etc., or above- grade, enclosed areas such as crawl spaces or tuck under garages. The base or floor of an en- closed area shall be considered above -grade and not a structure's basement or lowest floor if 1) the enclosed area is above -grade on at least one side of the structure; 2) is designed to internally flood and is constructed with flood resistant materials; and 3) is used solely for parking of vehicles, building access or storage. The above -noted alternative el- evation methods are subject to the following addi- tional standards: (1) Design and Certification The structure's de- sign and as -built condition must be certified by a registered professional engineer or archi- tect as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the Regulatory Flood Protection Elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding. (2) Specific Standards for Above Grade, Enclosed Areas Above grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate: a) [The] AA minimum area of "automatic" openings in the walls where internal flood- ing is to be used as a flood proofing tech- nique. [When openings are placed in a structure's walls to provide for entry of flood waters to equalize pressures,' There shall be a minimum of two ooenings on at least two sides of the structure and the bottom of all openings shall be no higher than one -foot above grade. The automat- ic openings shall have a minimum net a l•. jot an .n• _..1• every square foot subiect to flooding un- less a registered professional engineer or a sm et ar e would suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings or devices pro- vided that they permit the automatic entry and exit of flood waters without any form of human intervention and b1 That the enclosed area will be designed of flood resistant materials in accordance with the FP -3 or FP-4 classifications in the State Building Code and shall be used solely for building access, parking of vehi- cles or storage. 5. Standards for All Flood Fringe Uses: b. Commercial Uses accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the Regulatory Flood Pro- tection Elevation. However, a permit for such fa- cilities to be used by the employees or the general public shall not be granted in the absence ofa flood warning system that provides adequate time for evacuation if the area would be inundated to a depth .1. vel.cit 1 depth in feet) times velocity (in feet ner second) the product number exceeds four (4) [greater than two feet or be subject to flood velocities greater than four feet per second] upon occurrence of the regional flood. Section 35 -2190. ADMINISTRATION. 2. Permit Requirements: a. Permit Required. A Permit issued by the Zoning Administrator in conformity with the provisions of this Ordinance shall be secured prior to the erec- tion, addition, modification. rehabilitation (in- cluding normal maintenance and repair) or alter- ation of any building, structure, or portion there- of: prior to the use or change of use of a building, structure, or land; prior to the construction of a dam, fence. or on -site septic system• prior to the change or extension of a nonconforming use; prior to here, ir.fastructur hat has .e•ndama by flood fire tornado or any other source and prior to the placement of fill, excavation of mate- rials, or the storage of materials or equipment within the flood plain. h Notifications for Watercourse Alternations. The Zonin Admi _strat.r hLl noti verin- si- lo s ad' a .mm sioner of the Deoartmen s and of Natural Resources it. r.. 1 em e.ri or relocation of a watercourse. If the applicant has aoolied for a permit to work in the beds of public o11 II C.: I.. M 103 this shall suffice as adequate notice to the Commissioner of Natural Resources. A copy of cation -h. .o Chicago Regional Office of the Federal Emergency Agency IFEMA). s Notification to FEMA When Physical Chanees In- crease or Decrease the 100 -year Flood Elevation, Ag_.soon as is practicable. not later than six (61 months after the date such suneorting informa- tion becomes available the Zoning Administrator I 4,1 LEGAL shall notify the Chicago Regional Office of FEMA of the changes by submitting a coov of said tech- nical ocientif r s ic data. 3. Board of Adjustment: c. Variances. The Board may authorize upon appeal in specific cases such relief or Variance from the terms of this Ordinance as are consistent with the provisions of Section 35 -240 of the Zoning Ordi- nance:'- In the granting of such Variance, the Board of Adjustment shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in Section 35 -240 which justified the granting of the Variance. No Variance shall have the effect of allowing in any district uses pro- hibited in that district, permit a lower degree of flood protection than the Regulatory Flood Protec- tion Elevation for the particular area, or permit standards lower than those required by State law. owin• .iti.n.l v c cr'teri: of the Federal Emergen y Management Agencv must be satisfied' (1). Variances shall not e issued by a community within y designated regulatory floodway if any increase in flood levels during the base flood discharge would result, 12L Variances shall only be issued by a communi- tv upon' (if 'a showing of good and sufficient cause. (ii) a determination that failure to grant the variance would result in exceptional hard- titth.ftenplirant. and (iii) a determination that the grantingof a variance will not result in increased flood heights. additional threats to nubile safety, extraordinary public expense create nuisances. cause fraud on or victimize- tion of the public. or conflict with existing local laws or ordinances 131 Variances shall only be issued upon a deter- mination that the variance is the minimum necessary. cohsidering the flood hazard. to af- ford relief, 1 Section 35- 2200, NONCONFORMING USES IN THE FLOOD HAZARD ZONES. 1. A structure or the use of a structure or premises which was lawful before the passage or amendment of this Ordinance but which is not in Conformity with the pro- visions of Ordinance may be continued subject to the following conditional:l. Histori structures, as de ai I 1.. :!K' -1. subject to the provisions of Section 35 -2200. la -le. 6: 'Any .structural alteration or addition to a noncon- forming structure or nonconforming use which woulll resillt in increasing the flood damage po- tential of that structure or use shall be protected to the Regulatory Flood Protection Elevation in ac- cordance with any of the elevation on fill or flood proofing techniques (i.e., FP -1 thru FP -4 flood proofing classifications) allowable in the State Building Code, except as further restricted in Sub- section c below. e. If any nonconforming use or structure is [de- stroyed by any means, including floods, to an ex- tent of 50 percent or more of its market value at the time of destruction] substantially damaged. as defined in Section 35- 2120.8 of this Ordinance it shall not be reconstructed except in conformity with the Provisions of this Ordinance. The applic- able provisions for establishing new uses or new structures in Sections 35,2140, 35 -2150, or 35- 2160 will apply depending upon whether the use or structure is in the Floodway, Flood Fringe or General Flood Plain District, respectively, f. If a substantial improvement occurs. as defined in Section 35- 2120.8 of this Ordinance from any combination of a building addition to the outside dimensions of the existing building or a rehabili- tation, reconstruction. alteration. or other im- provement to the inside dimensions of an existing nonconforming building. then the building addi- tion (as re 'r lv Section 35- 2200.1(b) above) and the existing nonconforming building must n e: a do 3 4 35- 2150 of this Ordinance for new structures. de- pending uoon whether the structure is in the Floodway or Flood Fringe District. respectively Section 35 -2220. AMENDMENTS. The flood plain designation on the Official Zoning Map shall not be re- moved from flood plain areas unless it can be shown that the designation is in error or that the area has been filled to or above' the elevation of the [regional flood] regulatory flood protection elevation and is contiguous to lands out- side the flood plain. Special exceptions to this rule may be permitted by the Commissioner of Natural Resources if he determines that, through other measures, lands are ade- quately protected for the intended use 1 C. I 1 Section 2. This ordinance shall become effective after and upon thirty days following its legal publica- tiorw. Adop ed this 13"' day of September, 2004. Mayor Myrna Kragness ATTEST: City Clerk Sharon Knutson Date of Publication: September 23, 2004 Effective Date: October 23, 2004 (Brackets indicate matter to be deleted, underline indi- cates new matter.) (Sept. 23, 2004)p1/ PubHrg Flood Plain 2004 -18 City of Brooklyn Center (Official Publication) CITY OF BROOKLYN CENTER Notice of ordinance adoption ORDINANCE NO. 2004 -19 AN ORDI NCE AMENDING SECTION 1 -104 OF THE CITY DE RELATING TO THE LICENSING OF COMMER. IAL KENNELS; AMENDING SEC TIONS 12 -901 D 12 -903 OF THE CITY CODE RE- LATING TO THE ICENSING OF RENTAL HOUS- ING; ADDING SF ON 23- 006.05 TO THE CITY CODE AND AMEND G SECTIONS 23- 610, 23 -661, 23 -1204, AND 23 -2309 THE CITY CODE RELAT ING, TO GENERAL LI NSING• REGULATIONS AND THE PAYMENT 0 OPERTY TAXES; RE- P EALING SECTIONS 23 -1 01 flIROUGH 23- 1008 OF THE CITY CODE>ItELA G TO THE LICENS- ING OF COIN- OPERATED D SELF- SERVICE DRY CLEANING MACHINES': THE CITY COUNCIL OF THE CI OF BROOKLYN CENTER DOES ORDAIN AS FOLLOW Section 1. Section 1 -104 of the B .oklyn Center City Code relating to the licensing of comm cial kennels is amended to read: