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HomeMy WebLinkAbout2004-19 09-02 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 2 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: sk laximum rate allowed by law (3) Rate actually charged v abcderghijklmnopgrstuvwxyz BY: Subscribed and sworn to or affirmed before me on this 2nd day of September 2004. RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space newspapers AFFIDAVIT OF PUBLICATION 2.85 per line 6.20 per line 1.40 per line www.mnSun.com ATTEST; City Clerk Date of Publication Effective Date Brackets indicate matter to be deleted, underline indi- cates new matter) (Sept. 2, 2004) pULicenses Taxes 1st reading City of Brooklyn Center (Official Publication) CITr OF BROOKLYN CENTER" Notice is hereby given that a public hearing will be held on the 13th day of September 2004 at 7 p.m. or as soon there- after as the matter may be heard, at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amend ing Section 1-104 of the City Code Relating to the Licens- ing of Commercial Kennels; Amending Sections 12 -901 and 12 -903 of the City Code Relating to the Licensing of Rental Housing; Adding Section 23- 006.05 to the, City Code and Amending Sections 23-610,23-661, 23 -1204, and 23 -2309 of the City Code Relating to General Business Li- censing and the Payment of Property Taxes; Repealing Sections 23 -1001 Through 23 -1008 of the City Code Relat- ing to the Licensing of Coin Operated and Self Service Dry Cleaning Machines. Auxiliary aide for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763- 569 -3300 to make arrangements. ORDINANCE NO. 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 SECTIONS 23 -610, 23.661, 23 -1204, AND 23 -2309 OF THE CITY CODE RELAT- ING TO GENERAL LICENSING REGULATIONS AND THE PAYMENT OF PROPERTY TAXES; RE- PEALING SECTIONS 23 -1001 THROUGH 23 -1008 OF THE CITY CODE RELATING TO THE 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 is amended to read: Section 1 -104, APPLICATIr "ROCEDURES AND IS- SUANCE OF LICENSES. itions for all licenses re- quired by this ordinance sh, 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 ]i- b. ligaring.beeeirefl 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 tet 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 re- ceived. 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 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 approve the commercial kennel license and may attach'to lsuch.approval any, conditions conditions,nocessary 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 verselyaffect 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 ofl.ieense, A copy of the commercial ken nel license shall be forwarded to the City Clerk who shall maintain" a register of kennel, license. 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'fhen current: calendar year and shall be renewable on October 1 of each, year thereafter by -the City Clerk upon 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.eeent that no revocation of the licence is made or contem- plated by the City Council, the license shall be re- newable as set forth in OAS subdivision. e, License Revocation,` Intbe 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 O or renewed for operation on any property on which '''"`"mta5tes assessments, or other financial claims of the co n col d'strict cit red 'lin- auent. or unpaid. In the event a suit has been com- menced uncle: nnesota Statutes. Section 278.01 278.03. questioningthe [Imo didity of taxes the Ci y Council may on ,:ca( ion waive strict compliance wit this provision: no waiver may be granted: however, for taxes or any portion thereof which remain unpaid for a period exceeding one (Ilvear 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 prior to license expiration date. Within two weeks of receipt of a complete application and of the license fee required by Section 12 -902, the Com pliance official shall schedule an inspection. No ap- plicationfor 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 and at all times during the license term, a li- cense holder must be current on the payment of all d e 'ceps oth-rren r l e rt inth owned by the license holder. In the event a suit has mm n u inns. :t Secti .n" 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 alter becoming due. 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 owner, own- ing partners if a partnership, corporate officers if a cor- 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. sin a% t.ti 4. Legal address of the dwelling. 5. 'Nuri'ibetc'"bfilw ifing' ti i t9 W'itl in E'lie�tl elfin 6. Description of procedure through which tenant in- quiries and complaints are to be processed. L Status of utility fees. property taxes. and other as- sessments on the dwelling and other rental real nroiL ertv in the city owned hvthe anplicant. Every person holdingan operating license shall give notice in writing to the compliance official within five business days after any change of this information. Notice of trans- fer 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 REQ1I11E11. No license shall be granted or renewed for tobacco related products: bowling alleys: public dancipg; filling stations;' pawnbrokers: secondhand goods dealers; motor vehicle dealerships: saunaeand sauna baths: magi- parlors: rap parlors. conversation parlors. adult en- counter groups. adult sensitivity croups- escort services, model services. dancing services. or hostess services; amusement devices: or tattoo and body piercing establish- ments for operation on any prow y on which taxes. as- gessments. or other financial claims of the state county, school district, or city are due. delinquent. or unpaid Iq the event a suit has been commenced under Minnesota Statutes. Section 278.01- 278.03. questioning the amount or validitv of taxes. the City Council may on application waive strict compliance with this provision: no waiver may be granted however for taxes or env portion thereof which remain.enpaid for a period exceeding one (1) year after be- ro:nigg due, S ection 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 ;l a. lb.] 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 saleliquor establishment, halfwayhouse, 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; lc,] Where operation of a licensed premise would vio- late zoning ordinances; g, (d.] Where the applica 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; f]. (e.] Established as a- pawnshop after April 2. 1996, which is within ten(10) driving miles of any gambling www.mnSun.com 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 fbr any place or for any business: (ai. if taxe.. assessments or other financial claims of the City or the State of Minnesota on the licensee's busi- ness premise are delinquent and unpaid;] ib Ib.] 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; b, lc,] Where, operation of a licensed premise would vio- late zoning ordinances; or 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. Section 7. Section 23 -1204 of the Brooklyn Cen- ter City Code relating to the licensing of motor vehicle dealerships is amended to read: Section 23-1204 CONDITIONS IN, OF AND FOR MOTOR VEHICLE DEALER LICENSES. No motor ve- hicle dealer's license shall be issued, except under the fol- lowing conditions: 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 beds 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's value equal to at least twice the true and full 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 Lon 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- e Such application shall be accompanied by a 'ed map plat or drawing gf. hecpace, oLbysioess information, io the n d res s o o g c a ti nn" an d dimen 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 openings; 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- Unless changes are thereafter made, the same plan or map and other information need not be resubmitted for any renewal. E The payment of the fees hereinafter set forth, g. The approval and filing of the bond as hereinafter set forth for Class A licenses, h. The obedience to all of 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 State of Minnesota. i' Section 8. Section 23 -2309 of the Brooklyn Center City Code relating to the licensing of tattoo and body piec- ing establishments is amended to rend: Section 23 -2309 PLACES INELIGIBLE FOR LICENSE la. 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 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 granted, however, for taxes or any portion thereof which remain unpaid for a period exceeding one (1) year after becoming due.' 8, lb.] No license shall be granted or renewed if the prop- erty is not properly zoned or does not qualify as a legal nonconforming use for tattooing and/or body piercing establishments. b, lc.] Premises Licensed For Alcoholic Beverages. No li- cense shall be granted or renewed if the premises is li- censed for the furnishing of alcoholic beverages or is an adult establishment pursuant to Section 35- 2182, c. id.] No license shall be granted if the premises is with- in 300 feet of, or in the same building as. or on the same legally subdivided lot, piece, or parcel of ]and as any of the following uses: a church, school, day care center. hospital, on -stile liquor establishment, halfway house, currency exchange operation, theater, residence, pawnshpp, secondhand goods dealer. massage parlor, sauna, or another tattoo or body piercing establish- ment. Section 9. Sections 23 -1001 through 23 -1008 of the City Code relating to coin operated and self service dry cleaning machines are hereby repealed. Section 10 This ordinance, shall be effective after adoption and thirty days following its legal publication, Adopted this day of 2004.