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HomeMy WebLinkAbout2005 10-13 PCP • PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER OCTOBER 13, 2005 REGULAR SESSION 1. Call to Order: 7:30 p.m. 2. Roll Call 3. Approval of Minutes - September 29, 2005 4. Chairperson's Explanation The Planning Commission is an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. • 5. Discussion Items: a. Parking and storage of vehicles in the front yard of R -1 zones. 6. Other Business 7. Adjournment MEMORANDUM TO: Planning Commission Members .1 FROM: Ronald A. Warren, Planning Commission Sec " / 3c, DATE: October 11, 2005 SUBJECT: Parking and Storage of Vehicles in Front Yard of R -1 Zones The following information is presented to the Planning Commission for purposes of reviewing the parking and storage of vehicles in front yards of an R -1 zone, which was discussed at the September 29, 2005 Planning Commission meeting. The following information is included for the Commission's review: 1. The information included in the September 29, 2005 Planning Commission agenda (including the 9 -12 -05 City Council work session minutes; a September 8, 2005 memo from the City Manager to City Council Members; and a proposal from Mr. Will Dahn relating to limiting the parking of vehicles in front yards in R -1 and R -2 zones and suggestions for screening requirements). 2. Portions of Chapter 19 of the City Ordinances relating to public nuisances and petty offenses with particular attention directed to Sections 19 -103, Subdivision 12, 13 and 14 relating to the parking and storage of vehicles, etc. currently in effect in the city. 3. Sections 19- 1301 -1307 relating to the operating, parking, storage, repairing, servicing and maintaining of vehicles. 4. Section 35 -711 regarding parking lot screening. 5. Section 35 -400, Subdivision 8 regarding allowable encroachments into yard setback requirements. 6. The agenda and minutes of a joint City Council and Housing Commission meeting on April 2, 2003. i 7. Copies of draft ordinances submitted by the Housing Commission to the City Council at the April 2, 2003 meeting regarding parking and storage of collector cars and requiring hard surfaces on driveways. 8. Copy of a memorandum from the Housing Commission to Mayor and City Council Members regarding RV ordinance. We will be discussing these items at Thursday evening's meeting in light of the City Council direction to the Planning Commission to review the parking and storage of vehicles in the city. i Councilmember O'Connor expressed that she believes the City should not use eminent domain for private development and inquired if the City had sent any letters to address the structural issues with the Hmong America Shopping Center.: Mr. McCauley discussed that the City had deferred some of the structural issues because the owners were preparing to tear down the property. She inquired if the debt of $1.8 Million was the amount that Mr. Lee paid. Mr. McCauley responded that it was in excess of $2 Million. Councilmember O'Connor informed that she would like to remove Consent Items 7e, Resolution Awarding Contract for Cleaning and Paint Repair Services for Elevated Storage Tank No. 3, Improvement Project No. 2005 -15, Contract 2005 -H, and 7f, Resolution Awarding Contract for Installation of Lift Station Control Cabinets and Security Improvements, Improvement Project No. 2005 -09, Contract 2005 =1), from the Consent Agenda and have them placed as Council Consideration Items l I and 111. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS DISCUSSION OF WILL DAHN SUGGESTION REGARDING LIMITING NUMBER OF CARS PARKED IN R 1 ZONE Council discussed the recommendation of having the Planning Commission explore the suggestions raised by Will Dahn. '. ' Councilmember Lasman expressed that she believes this would be a good place to begin and that this would be the appropriate time to deal with back yard parking also. Councilmember Carmody informed that she had several people discuss this issue with her during National Night Out and that ?he believes the number of cars or the amount of space 'needs to be considered. Planning Commission Chair Tim Willson addressed the Council to inform that he believes the Planning Commission would be willing to study this issue. Mr. McCauley suggested that the Council consider what portion of the front yard is appropriate for parking and what portion of the back yard, -with what conditions, should be considered. Mayor Kragness and Councilmembers Carmody, Lasman, and Niesen were in favor of having the Planning Commission study this issue. Councilmember O'Connor was not in favor of having the Planning Commission study this issue. ADJOURNMENT A motion by Councilmember Carmody, seconded by Councilmember Lasman to adjourn the Study Session at 6:43 p.m. Motion passed unanimously. City Clerk Mayor 09/12/05 - -2- DRAFT City of Brooklyn Center A Millennium Community To: Mayor Kragness and Council Members Carmody, Lasman, Niesen, and O'Connor . From: Michael J. McCaule City Manager Date: September 8, 2005 Re: Will Dahn Ordinance Change suggestions Attached are the materials that the Council reviewed in July and referred to me and the Police Chief for review. Upon review of those materials, there a several observations. We believe the issue is how much land should be devoted to parking space in residential areas. That can be broken into two sub issues: 1) What portion of a front yard should be available for parking cars 2) What portion of a back yard should be available for storage of cars, boats, recreational vehicles, etc. Mr. Dahn suggests limiting parking to 6 vehicles in the front yard in r -1 zones and 4 in r- 2. At first review, it would seem that a limit of that sort would best be applied irrespective of r -1 verses r -2 for ease of understanding, consistency, and enforcement. Mr. Dahn also makes some suggestions regarding screening storage in the back yard. Mr. Clelland had suggested some time ago that we limit the number of vehicles allowed in the back yard. This recommendation languished in the Housing Commission. It would be appropriate to review our current regulations on screening in the zoning code as a comprehensive look at the issue of parking. Our suggestion, if the Council wishes to consider limiting vehicles both in the front and back yards, would be to refer the matter to the Planning Commission to explore with Mr. Clelland the following: 1. Advisability of creating a .formula and a maximum for the improved space in the front yard for parking. This would effectively limit the parking of vehicles on a lot size basis, with a maximum. This addresses parking 6 sport utility vehicles as opposed to 6 economy cars. That is, if the space was limited you could not park 2 recreational vehicles and 4 sport utility vehicles using up the entire front yard with hard surface or gravel even though the total count would be 6 vehicles. Mr. Dahn's proposal incorporates an approach to this that limits width. This may be part of a regulation to address what would be an excessive use of the front yard for parking. 6301 Shingle Creek Parkway ' Recreatwn and Community Center Phone &TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number ( 763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityofbrooklyncenterorg r 2. Advisability of creating a limit to a specified number or combination of vehicles, boats, trailers, etc. in the back yard, including whether hard surface should be required. The City Council could, if it chose to refer this to the Planning Commission, give them a sense of what type of limitations it would like reviewed and the Council's goals in that regard. We believe that a number in the front yard might be problematic to enforce. That is, if the cars are all on hard surface/gravel, would the violation be for length of time or any time the number exceeded the maximum even if it was due to a temporary guest, social event, or construction work? Page 2 09/08/2005 ,�., K r . _ _: ;.. • , :.•' \,Yi-:';"Y rC.-n " rt •..y r „ R3,,4 :+?{¢.`' ' y� M }'rr'.1.: L�15<.. t' „ vC'�'•.'�`�S �' x� n 35 -3/0 R/ ONC RC.S ;y,..P Sect io RM ILy IDCNCC DISTRICT • . >''t' e`� ~ -: � � 4•, ! Penmi #fed ll a. One flecea.aone� uaea efe., etc. ono e h a nq , : eef panA ing and o / #Ataee•t l oad Lny ■ �' '''.. ' # = d /ors ato •'' •� '. • ::.:,' '. _�; >.• ,�,;,„.,.:��,:: � ink, an pag off veh Lc lea, ' 'uaa6le Panh oi Unuaab l„'} and others mafersLala•aad a uLpmenf .aA ai e.Aenced `r Chapters / Sect Lon '19 - 10� a rs -t. . p 12,.+! ,: and /4.t'::a1�aC: be limited to a total off aix �6l vehic�e:a, matersia and o thers equLpment, negii- tars.Lj u -t ed .cin :atoned 'on n oRfGz j u arsd.& of the prsopersty. f11L c jea. m�,jt . 6e. le al.L : ” rrt'�.•. LLcen.& ed and opersa6.le Ile Drs -�' .: ..: : �:`,;' .:.' • ° -.;.: '�'• :�:..'. •• =•,:: •,,. a „�'.,` ivewa� -t' and 'o #atneet pankLng. /afOAa .auk ace .& :aha:CL`r+ = 6e paved with concnete, aaphalt, on appnoved 'gnd vel';.`:. <_, 6a .&e. DnLveway-t and anhLna Adin ace.& &hall be .Liinifed rk f o a max Lmum .wLdth of th !At y. 001 Lvewa than 30 Meet w'lde may.6e �laved out OA '4e .a:c.de� :ao';Fia to vbfain a maximum o� 30 • �C�of, wide •pankin� /at`onaq,e ;� 40 do On COAACA 10fa, a 'aecondars ..intn > :o '' a' r abutt nk a .amide _ .: =.�ks� ink a of neet :`; to �aLn _acce�a:.tv:'a ; °icea'n '.: akd,h /i CZ. W be limited to ten 0 eet uiide, - wi:th 'no:..add.f.Loitia`'�'! pa/thing on atorsage penmLffed on .entnance.=accead;` Panh in¢ on -tfona a "o� v ehLcle:a' on' ° eg'u.L meat o f the �e� �6 unit.& on � frsont : a .&cneene no m public vicew LA accondance wtfh .Chap`t`. ";� }s Section 35 -7// as app Aoyed 6 j the C'Lt rl: L -ttnafb�i • I -DAZ -a 'connen lot,' a aide and accea:a`'to:' he ', no enf, : • f ca the paLma ty ac'ceaa, Lt mall be.•p ri:� a s f to' .hati -k, the name drsLvewa ' • ry panhing /atona�e pr panaq,naph M ) 2. (no chancel .. t ... ,. .. t ,. • ' . •X Y. •' r' ti .' ... .'?".. Vii. .L +m µ+,fty4t.:•„ " Panhing and afonage o vehLclea and eq.uipmerit'in':exee4a• o the penmifted 6 .unLt-t onnont yanda andLl be aciieeiieF ?om pu bli.c view 6y .a wall on opaque fence -OIL ..a: Cand ;„ escape f neatmenf *. Lx t6) feet RgA Wall-t 10 A' e.ncea :;aria L�i'�' have the -tame �LnL -thed appearance on. 6 o th :aLde�i,' and:be= -tLtuated on the _pnop erste� -to as not to aeneAaZ wel #arse and lie .&a�efrl off the neiaA6onA6'6"d`'.aa�'r' {:xN appnoved b the CLty Council on Lt-t deli nested ak Sect Lon 35 -3 R2 7WO FAMILY RCSID DIS7RIC7_ �. Peamifted llaea '• a. : One and two �amtlg dwell.Lnga, {�, :�Qcce4aanrf uaez etc., etc. ono cha nge) Off - iticeet pdahLng and o� #AtAeet l oadin g. PaahLn and /oA atoaage off ve.ALclea, uaable oA unuaa6 , ..and other matenLala and a ucpment as ae #eaenced LA Chapters /9, Sect Lois 19403, papa. 12, 13, and 14, ahall be 1LmLfed to a total o f loua r4) vehLclea, mateaLala, and othea. eguLpment, aegulaAty uaed on atoned on �Aont ••.gaada 0f the p nOpeatg. vehtlea shall be legall 7 Lcenaed and opeaable. BA Lvewaya' and o��4tneet paa /atona auR�acea aha be pave? wLth cOncnete, aaphalt; on approved gravel base, DaLvewaua and aahLng auA ace-& sha be IL mtted to a maximum wc,dth O twenty .�20) eef, i4ng paahLng' oA atonage o f vehLclea ot% a uLpment Ln exceaa o f the peamifted 4 •unLta on �Aont ey . shall be acneened �aom publLc view LIZ accordance wLth Chapters 35, Sect Lon 35 -71 , as appaoved 6g the CLfg r4dmLnUtaaton, 2, (no change) 7 : Q /• P� poo -- ' • y C • k f CHAPTER 19 - PUBLIC NUISANCES AND PETTY OFFENSES NIIISANC .S - GENERALLY Section 19 -101, PUBLIC NUISANCE DEFINED. Whoever, by act or failure to perform a legal duty, intentionally does any of the following is guilty of maintaining a public nuisance, and is punishable as set forth herein: 1. Maintains or permits a condition which unreasonably annoys, injures or endangers the safety, health, morals, comf6rt, or repose of any number of members of the public; or 2. Interferes with, obstructs, or renders dangerous for passage, public streets, highway or right of way, or waters used by the public; or 3. Is guilty of any other act or omission declared by statutory law, the common law, or this ordinance to be a public nuisance, whether or not any sentence is specifically provided therefor; or 4. Permits real property under his or her control to be used to maintain a public nuisance or rents the same, knowing it will be so used. Section 19 -102. DEFINITIONS. The following words, when used in this ordinance, shall have .1 the meanings ascribed to them: 1. Garbage includes all putrescible animal, vegetable or other matter that attends the preparation, consumption, display, dealing in or storage of meat, fish, fowl, birds, fruit, or vegetables, including the cans, containers or wrappers wasted along with such materials. 2. Rubbish is nonputrescible solid wastes such as wood, leaves, trimmings from shrubs, dead trees or branches thereof, shavings, sawdust, excelsior, wooden waste, printed matter, paper, paper board, paste boards, grass, rags, straw, boots, shoes, hats and all other combustibles not included under the term garbage. Section 19 -103. PUBLIC NUISANCES FURTHER DEFINED. It is hereby declared to be a public nuisance to permit, maintain, or harbor any of the following: 1. Diseased animals, fish or fowl, wild or domestic, whether confined or running at large. 2. Carcasses of animals, fish or fowl, wild or domestic,.not buried or destroyed within 24 hours after death. 3. Garbage not stored in rodent free and fly -tight containers, or; garbage stored so as to emit ` foul and disagreeable odors, or; garbage stored so as to constitute a hazard to public health. 19 -1 8/2/96 4. Accumulations of rubbish as defined herein. , 5. The dumping of any effluent, garbage, rubbish, wastewater, or other noxious substance upon public or private property. 6. Any open well, pit, excavation, structure, barrier or other obstruction which endangers public health, safety or welfare. 7. The pollution of any public or private well or cistern, any public stream, lake, canal, or body of water by effluent, garbage, rubbish or other noxious substance. 8. Any noxious weeds, or any other vegetation which endangers public health, safety or welfare, or which is contraband within the meaning of state or federal laws. 9. The emitting or production of dense smoke, foul odor, noise, noxious fumes, gases, soot, cinders or sparks in quantities which unreasonably annoy, injure, or endanger the safety, health, morals, comfort, or repose of any number. of members of the public. 10. The public exposure of persons having a contagious disease or condition which endangers public health, safety or welfare. 11. Accumulation of junk, disused furniture, appliances, machinery, automobiles and parts thereof or any matter which may become a harborage for rats, snakes or vermin, which creates a visual blight, or which may be conducive to fire, or which endangers the comfort, repose, health, safety or welfare of the public. 12. The parking and/or storage of construction equipment, farm vehicles and equipment, or a commercial vehicle with a length greater than 21 feet, or a height greater than 8 feet, or a gross vehicle weight greater than 9,000 pounds, continuously for more than two hours on any property within a residential zoning district or being lawfully used for residential purposes or on any public street adjacent to such properties. Such equipment and vehicles shall include, but are not limited to, the following: dump trucks, construction trailers, back hoes, front -end loaders, bobcats, well drilling equipment, farm trucks, combines, thrashers, tractors, tow trucks, truck- tractors, step vans, cube vans and the like. The prohibitions of this subdivision shall not apply to the following: a) Any equipment or vehicle described above being used by a public utility, governmental agency, construction company, moving company or similar company which is actually being used to service a residence not belonging to or occupied by the operator of the vehicle. 19 -2 8/2/96 b) An equipment or vehicle describe . Y d above which is actually making a pickup or delivery at the location where it is parked. Parking for any period of time beyond the time reasonably necessary to make such a pickup or delivery and in excess of the two hour limit shall be unlawful. c) Any equipment or vehicle exceeding the above described length, height or weight limitations, but which is classified as recreation equipment as specified in Minnesota Statutes 168.011, Subdivision 25. d) Any equipment or vehicle described above which is parked or stored on property zoned residential and being lawfully used as a church,- school, cemetery, golf course, park, playground or publicly owned structure provided the equipment or vehicle is used by said use in the conduct of its normal affairs. e) Any equipment or vehicle described above which is parked or stored on property which is zoned residential and the principal use is nonconforming within the meaning of. Section 35 -111 of the City Ordinances, provided such parking or storage is not increased or expanded after the effective date of this ordinance. 13. The outside parking and/or storage on vacant property of usable or unusable vehicles, trailers, watercraft, snowmobiles, recreational vehicles, all- terrain vehicles, construction vehicles and equipment, or similar vehicles, materials, supplies, equipment, ice fish houses,' skateboard ramps, play houses or other nonpermanent structures except as may be permitted by the Zoning or Sign Ordinances. 14. The outside parking and/or storage on occupied residentially used property of usable or nonusable vehicles, trailers, watercraft, snowmobiles, recreational vehicles, all terrain vehicles and similar vehicles, materials, supplies, equipment, ice fish houses, skateboard ramps, or other nonpermanent structures unless they comply with the following: a) Vehicles, trailers and watercraft may be parked or stored outside in any yard provided, however, if they are parked or stored in the front yard area, or a yard area abutting a public street, they must be parked or stored on an authorized parking or driveway area or a paved or graveled extension of an authorized parking or driveway area and be in compliance with Section 19 -1301 through 1305 of the City Ordinances. Authorized driveways and paved or graveled extensions thereof may not exceed 50% of the front yard or a yard area abutting a public street unless approved by the city council as part of a plan approval for an apartment complex pursuant to Section 3 5-23 0 of the City Ordinances. 19 -3 8/2/96 r b) Materials, supplies, equipment other than construction or farm equipment, may be stored or located in any yard other than a front yard or a yard abutting a public street provided they are screened from public view by an opaque fence or wall at least six feet high or high enough to prevent these items from being seen from abutting property at ground level. c) All vehicles, watercraft and other articles allowed to be stored outside in an approved manner on occupied residentially used property must be owned by a person who resides on the property. (Persons who are away at school or in the military service for periods of time, but still claim the property as their legal residence shall be considered residents on the property.) d) The prohibitions of this section of the ordinance shall not apply to commonly accepted materials or equipment such as playground equipment, allowable accessory structures, flagpoles, air conditioner condensers, laundry drying equipment, arbors, trellises, properly stacked firewood and temporary storage of building materials for home improvement projects in process. Section 19 -104. LIMITATIONS ON KEEPING OF ANIMALS. It is hereby declared to be a public nuisance to permit, maintain or harbor any of the following: 1. More than two (2) dogs exceeding six months of age unless a private kennel license was issued prior to April 23, 2001, as set forth in Chapter 1 of the Brooklyn Center City "L Ordinances. 2. More than three (3) cats exceeding six months of age. 3. Any combination of more than five (5) animals exceeding six months of age. 4. Horses, cows, sheep, pigs, goats, swine, mules, llamas, or other hoofed animals, chickens, ducks, geese, or other agricultural animal or domestic fowl. 5. Live wild animals, reptile, or fowl, of types that are not naturally tame or gentle but are of a wild nature or disposition that, because of their size, vicious nature, or other characteristics would constitute a danger to human life or property. Examples of such wild animals include, but are not limited to, bears, lions, tigers, jaguars, leopards, bobcat, cougars, cheetahs, lynx, ocelots, wolves, foxes, coyotes, dingoes, jackals, bison, panthers, apes, badgers, raccoons, ferrets, skunks, puma, rattle snakes, coral snakes, water moccasins, or cobras. 6. Any combination of animals and/or fowl of any age kept in such numbers or under conditions which unreasonably annoy, injure, or endanger the health, safety, comfort, repose or welfare of the public or of said animals or fowl. City of Brooklyn Center - 19-4 City Ordinance REGULATING THE OPERATING, PARKING, STORING. REPAIRING, SERVICING AND MAINTAINING OF VEHICLES Section 19 -1301. INTENT AND CONSTRUCTION. The collection of unused and unusable motor vehicle bodies, parts, engines and related accessories having become a common occurrence in the community, and such collection having become a source of danger to the physical and mental well being of children and adults within the community, and such collection having become a source of concern and complaint by citizens of the community, this vehicle ordinance is enacted for the purpose of prohibiting the collection and maintaining of such motor vehicle bodies, parts, engines and related accessories. Section 19 -1302. DEFINITIONS. The following words and terms are defined as follows: a. PERSON: Person means any natural person, firm, association, partnership or corporation, and agent of any of the aforesaid, except duly licensed new and used car dealers, while engaged in the operation of their business. b. VEHICLE: Vehicle means any motor vehicle which is not properly licensed for operation within the State of Minnesota by the State of Minnesota, or not properly licensed by any other state for operation within that state, or which is not in operable condition, or which is partially dismantled, or which is used for sale of parts, or as a source of repair or replacement parts for other vehicles, or which is kept for scrapping, dismantling, or salvage t , r of any kind. Section 19 -1303. PARKING AND STORAGE. With the exception of appropriately licensed pioneer, classic, or collector vehicles as defined in Minnesota Statutes Section 168.10 no person shall park, keep, place or store, or permit the parking or storage of a vehicle on a public street or alley or on any private lands or premises which he owns, occupies, or controls unless the vehicle shall be within a building on such premises. Appropriately licensed but inoperable pioneer, classic, or collector vehicles as defined by Minnesota Statutes Section 168.10 may be stored on the owner's property provided that such vehicles are screened from public view by means of a six foot opaque fence. Section 19 -1304. STORAGE OF PARTS, ENGINES, AND RELATED ACCESSORIES. No person shall store or keep parts, engines and related accessories on a public street or alley or on any l private lands or premises which he owns, occupies, or controls, unless such parts, engines, and related accessories are kept or stored within a building. Section 19 -1305. CONSTRUCTION AND APPLICATION. Nothing in this ordinance shall be construed to permit any act prohibited by any other ordinance, statute, or rule of law. s City of Brooklyn Center 19 -24 December 4, 2004 r Section 19 -1306. SEPARABILITY. Should any section, subdivision, clause, or other provision of this ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the ordinances as a whole nor of any part thereof other than the part so declared to be invalid. Section 19 -1307. PENALTY. Any person violating the provisions of this ordinance, upon conviction, shall be punished by a fine of not more than one thousand ($1,000) dollars or imprisonment not to exceed ninety (90) days or both, together with the costs of prosecution. REOUIRING FENCING AROUND ALL OUTDOOR SWIMMING POOLS Section 19 -1401. SWIMMING POOL DEFINED. For purposes of this ordinance a swimming pool is defined as any structure, basin chamber, or tank containing an artificial body of water for swimming, diving, or recreational bathing and having a depth of more than 24 inches at any point and a surface area exceeding 150 square feet. Section 19 -1402. FENCING REQUIRED AROUND OUTDOOR SWIMMING POOLS. All outdoor swimming pools existing and hereafter constructed shall be completely enclosed by a security fence or wall at least four feet high and located at least four feet from the edge of the swimming pool on at least one -half of the perimeter. All fence openings or points of entry into the pool area shall be quipped with gates. All gates shall be equipped with self - closing and self - latching devices placed at the top of the gate or in a manner otherwise inaccessible to small children. Any openings between the fence bottom and the ground or other surface shall not exceed four inches. EXCEPTION: All above - ground outdoor swimming pools that have minimum four foot high, vertical or outward - inclined sidewalls; provided sole access is by means of removable ladder, ramp, or stairs which must be removed when pool is not attended. Section 19 -1403. PENALTY. Any person, firm, or corporation violating the provisions of this ordinance may, upon conviction thereof, be punished by a fine of not more than one thousand dollars ($1,000) or imprisonment not to exceed ninety (90) days or both, together with the costs of prosecution. REGULATING THE USE OF SKATEBOARDS AND IN-LINE SKATES Section 19 -1501. SKATEBOARDING AND IN-LINE SKATING PROHIBITED. No person shall ride or propel skateboards, in -line skates, or roller skates on the APosted= areas at the City Civic Center Complex, except in connection with an exhibition, commercial venture, organized plan, or similar organized event authorized by permit issued by the City Manager. The term APosted= areas shall mean areas that are clearly designated by signage, prohibiting the use of skateboards, in -line skates, or roller skates. City of Brooklyn Center 19 -25 December 4, 2004 One space for every two beds plus one space for every two employees and one space for each staff doctor. d. Uses not covered by this list: Spaces as required for the most similar use as determined P q rmined by the City Council. Section 35 -710. SURFACING, DRAINAGE AND CURBING. In all districts, other than RI and R2, all open off - street driving and parking areas shall be improved with a minimum of two inches of hot mixed paver laid bituminous mat, or a comparable concrete slab, placed over a well compacted subgrade and gravel base. The base gravel shall conform to the Minnesota Highway Department specifications for Class 5 gravel. In other than RI and R2 districts, drainage plans shall be submitted to and approved by the City Engineer; drainage shall be discouraged across sidewalks or driveways. The perimeters of all driving and parking areas shall be bounded by cast in place concrete curb and gutter which conforms with the-Minnesota Highway Department Type "B- 612 ". Other shapes of concrete curb and gutter may be permitted providing the design provides an equal cross - sectional area and is approved in writing by the City Engineer. The concrete used for curbing shall conform-to the current City specifications. Section 35 -711. PARKING LOT SCREENING. All open off-street parking areas having 1 ; more than six parking spaces and all off-street loading and unloading spaces shall be effectively screened from any abutting residential lots by a solid wall or opaque fence six feet high, or by such other device as may be approved by the City Council. The screening device shall not extend within 10 feet of any street right -of -way. Such off-street parking and loading areas within any yards which abuts along a street which is residentially zoned on the side opposite shall be screened from street view by a screening device as approved by the City Council. See Section 35-400 for limitation on the size of such screening devices. Section 35 -712. LIGHTING. All exterior lighting shall be provided with lenses, reflectors, or shades, so as to concentrate illumination on the property of the owner or operator of said illumination devices. Rays of light shall not pass beyond the property lines of the premises utilizing such illumination at an intensity greater than three footcandles measured at property lines abutting residentially zoned property, or 10 footcandles measured at property lines abutting street right -of- way or nonresidentially zoned property. No glare shall emanate from or be visible beyond the boundaries of the illuminated premises. "String lighting" as defined in Section 35 -900 is specifically prohibited. Section 35 -720. JOINT PARKING FACILITIES. With respect to development complexes, the required parking facilities to serve two or more uses may be located on the same lot or in the City of Brooklyn Center 35 -78 City Ordinance .,� 8. The following shall not be considered as encroachments on yard setback requirements. a. In any yards: Off-street open parking spaces; terraces; awnings; canopies; steps not exceeding 10% of the area of the yard; chimneys; flagpoles; air conditioner condensers; temporary seasonal swimming pools; opaque fences, hedges, or walls provided they shall not exceed four feet in height in front yards and provided they do not.impede vision within the sight triangle described in Section 35 -560, or a clear view of the address of the principal building. Fences, hedges, or walls may exceed four feet in height alongside interior property lines. No fence, hedge or wall shall be allowed which constitutes an unsafe sight obstruction for pedestrians or motor vehicle operators. b. In rear yards: Recreational and laundry drying equipment; arbors and trellises; balconies limited to 15% of the yard area; breezeways, open porches; detached outdoor living rooms (patios). 9. Interior residential lots shall have a minimum rear yard area of 30% of the total lot area, exclusive of permitted accessory structures. 10. Setbacks along major thoroughfares as designated in Section 35 -900 shall in all cases be at least 50 feet, measured from the street right -of -way line, except for commercial buildings located in commercial zoning districts (C 1 and C2) or accessory structures or • where the property abuts a marginal access street or where the property abuts a noise ' wall or noise berm constructed by Mn/DOT, or where the City Council finds that excess right -of -way mitigates the effects of traffic noise, dust, and fumes. In such cases, the setback requirements shall be as contained in the Table of Minimum District Requirements. 11. Service /office (C1, C1A) uses abutting major thoroughfares shall have minimum lot area of one acre. 12. In instances where an existing one or two family structure in a residential zoning district is deficient in its setback from the front, side, or rear property line by not more than 30% of the setback requirement, the structure may be expanded along the existing building line, provided there is no greater encroachment into the required yard area. This provision in no way permits the expansion of a conforming structure resulting in a setback less than established by this ordinance. Section 35 -405. ADDITIONAL REQUIREMENTS FOR HOME OCCUPATIONS: 1. No home occupation shall produce light, glare, noise, odor or vibration perceptible beyond the boundaries of the lot. City of Brooklyn Center 35 -55 October 4, 2002 AGENDA CITY COUNCIL JOINT SESSION WITH HOUSING COMMISSION April 2, 2003 6:00 p.m. Council/Commission Conference Room 1. Call to Order 2. Proposed Amendments to Chapter 12: Rental License 3. Gravel Driveways 4. Recreational Vehicle Storage 5. Miscellaneous 6. Adjourn • f MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA JOINT SESSION WITH HOUSING COMMISSION APRIL 2, 2003 COUNCIL /COMMISSION CONFERENCE ROOM CALL TO ORDER The Brooklyn Center City Council met for a joint session with the Housing Commission and was called to order by Mayor Myrna Kragness at 6:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, and Bob Peppe. Councilmember Diane Niesen was absent and unexcused. Also present: Assistant City Manager Curt Boganey, Community Development Director Brad Hoffman, Community Development Specialist Tom Bublitz, Police Chief Scott Bechthold, Administrative Sergeant Kevin Benner, and Deputy City Clerk Maria Rosenbaum. Housing Commission Members present: Ernie Erickson, Lloyd Deuel, Mary Barrus, Judy Thorbus, • Mark Yelich, and David Johnson. Prosecuting Attorney Bill Clelland arrived at 6:05 p.m. Commissioner Stan Leino arrived at 7:00 p.m. and Commissioner Kris Lawerence - Anderson arrived at 7:05 p.m. PROPOSED AMENDMENTS TO CHAPTER 12: RENTAL LICENSE Commission Chair Yelich discussed that the Housing Commission had been working on an ordinance amendment regarding rental licensing for approximately a year and a half. The Housing Commission reviewed similar ordinances adopted by other cities and have incorporated the best ideas for the City of Brooklyn Center's ordinance. He informed that the Council is being asked for direction on the proposed amendments to Chapter 12. Community Development Director Brad Hoffman informed that he had created five major policy questions for the Council to consider. The Council and Housing Commission Members discussed: 1. Should the City of Brooklyn Center establish a "Provisional" rental license for rental properties that: 04/02/03 -1- a. Fail to meet minimum life, health, and safety requirements of Chapter 12? (Answer was no.) b. Generate excessive calls per apartment unit for police and fire service? (Answer was yes.) During this discussion Prosecuting Attorney Bill Clelland advised that he was not in favor of a provisional rental license would prefer that the landlords know there is a deadline. Commissioner Mary Barrus informed that tenant behavior was the main focus when looking at this ordinance. The ordinance currently has nothing in it that assists the Police Department with calls for service. Police Chief Scott Bechthold and Administrative Sergeant Kevin Benner discussed the calls for service generally received and informed that the proposed ordinance amendment would help in assisting the Police Department. Mayor Kragness questioned if the ordinance should include something that indicates Apartment Managers need to attend Association of Rental Management (ARM) meetings. Mr. Bechthold discussed maybe that could be an administrative action that if they are not in compliance they need to attend the ARM meetings. Councilmember Peppe questioned if a fee could be created for those who are causing problems. Mr. Clelland discussed the possibility of considering a fee with the inspection or re- inspection process. He indicated that he would be willing to discuss this issue with City Attorney Charlie LeFevere. Mr. . Hoffman informed that the Council sets fees by resolution and suggested exploring a charge for calls as a different type of fee. Commission Chair Yelich recommended a no retaliation clause be incorporated like the City of New Brighton's ordinance. Assistant City Manager Curt Boganey questioned if the Council was in consensus for a provisional license for excessive police and fire calls, if fees should be set at a rate to reimburse the City for the cost of helping with the management of apartments, and getting a response from the City Attorneys for codified language to the ordinance. Councilmember Carmody indicated that she would like to see costs to help reimburse the City and that the amount is not important. Councilmember Peppe indicated that he would like to see some type of provisional license fee charged for services and questioned the average of calls. Mr. Hoffinan indicated that would bring the Council to the next question. 2. How many calls for police and/or fire service should be considered excessive on an annual basis? 04/02/03 -2- a. One call per apartment unit b. Less than one call per apartment unit (Answer was .4 1.) During this discussion Mr. Hoffman distributed and discussed a chart for calls of service in 2002 and the breakdown of calls per units during a two -month period. He informed that the average for calls is .37 and suggested the Council consider .41 as an amount for excessive calls. Councilmember Peppe informed that he believes that would be a good starting point. Commissioner Leino arrived at 7:00 p.m. It was the consensus of the Council to set .41 as the calls to be considered excessive on an annual basis. 3. What size apartment complex should be required to comply with this ordinance? a. Four -plex and larger b. Ten apartment units or more c. Other (Answer was five and above.) Commissioner Kris Lawrence - Anderson arrived at 7:05. • Mayor Kragness questioned Mr. Benner about ten or more units. Mr. Benner responded that ten or more would be reasonable. Councilmember Carmody expressed that she would like to keep it at four. Councilmember Lasman questioned if they still pay before the provisional rental license would kick in. Mr. Hoffman distributed and discussed Section 12 -911 and Community Development Specialist Tom Bublitz informed that the provisional rental license deals with the overall complex. It was the consensus of the Council that five and above would need to comply with this ordinance. 4. Should a regular rental license term be for one year or two years? (Answer was two years.) Councilmember Carmody informed that since the Police Department can generate monthly reports, two years is fine with her. Commissioner Barrus suggested two -year licenses with the properties looked at once a year. 04/02/03 -3- Mayor Kragness questioned if the Council would need to make a provisional license decision during the two -year term of a regular license if calls exceed the provisional license threshold. Mr. Boganey informed that the language as written does not clearly specify. Mr. Clelland informed that the ordinance could be amended to include such language. It was the consensus of the Council that the regular rental license term should be for two years. 5. Should the City of Brooklyn Center require apartment owners to conduct criminal background checks on prospective tenants? (Answer was yes.) Councilmember Lasman informed that she believes it is important for criminal background checks and questioned financial background checks. Mr. Clelland suggested that the Council limit the background checks to only criminal since financial background checks are a burden and hard to receive. It was the consensus of the Council to require apartment owners to conduct criminal background checks on prospective tenants. Councilmember Carmody questioned if the changes to be incorporated into the ordinance could be made and when the City Council would have this item on an agenda. Mr. Hoffinan informed that he believes that the changes could be incorporated and that the item could be on an agenda relatively soon. • Council directed staff to prepare a revised draft for review and action by the Council. Mr. Bechthold and Mr. Benner left the meeting at 7:47 p.m. GRAVEL DRIVEWAYS Councilmember Carmody informed that the Housing Commission started reviewing Chapters 19 and 25 of the City Ordinances after reoccurring compliance problems at a property on Brooklyn Boulevard. The proposed amendments request for driveways for single family and two family residential dwellings to be hard surfaced such as concrete, asphalt, brick, or similar hard surfaces in accordance with the Engineering Department specifications; and to limit no more than two appropriately licensed but inoperable pioneer, classic, or collector vehicles. The Housing Commission is requesting direction from the Council as to the proposed amendments suggested to both ordinances. Council discussed and reviewed pictures that Councilmember Carmody presented. Commissioner Leino discussed' the City of Fridley's practice allowing residents to come in compliance with their ordinance within a three year time period. 04/02/03 4- Mr. Hoffman raised the issue of what would happen if an owner were not to comply within the three • year time period. It was proposed that owners be required to comply if and when the property was sold or transferred to new ownership. Mr. Boganey informed that staff would have to research this issue and also look at the pros /cons for adequate notification to the buyers and sellers of properties before making a decision on this issue. Mayor Kragness expressed that was a fair approach. RECREATIONAL VEHICLE STORAGE After further discussion regarding the proposed amendment to Chapter 19 regarding the no more than two appropriately licensed but'inoperable pioneer, classic, or collector vehicles, it was the consensus of the Council to do nothing with the amendment proposed. Councilmember Peppe requested that the ordinance continues to be reviewed and thought out to change gradually. Mayor Kragness suggested to all that they continue to contact Code Enforcement when they see issues to be consistent and have these issues measured fairly. MISCELLANEOUS There were no miscellaneous items discussed. ADJOURNMENT • A motion by Councilmember Lasman, seconded by Councilmember Carmody to adjourn the work session at 8:29 p.m. City Clerk Mayor 04/02/03 -5- CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 2001 at 7 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending Section 19 -1303 of the City Ordinances Regarding Parking and Storage of Vehicles. Auxiliary aids 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 19 -1303 OF THE CITY ORDINANCES REGARDING PARKING AND STORAGE OF VEHICLES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: . Section 1. Chapter 19 of the City Ordinance of the City of Brooklyn Center is hereby amended as follows: Section 19 -1303. PARKING AND STORAGE. With the exception of appropriately licensed pioneer, classic, or collector vehicles as defined in Minnesota Statutes Section 168.10 no person shall park, keep, place or store, or permit the parking or storage of a vehicle on a public street or alley or on any private lands or premises which he owns, occupies, • or controls unless the vehicle shall be within a building on such premises. No more than two appropriately licensed but inoperable pioneer, classic, or collector vehicles as defined by Minnesota Statutes Section 168.10 may be stored on the owner's property provided that such vehicles are screened from public view by means of a six foot opaque fence. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of 2001. Mayor ATTEST: City Clerk . I Date of Publication: Effective Date: (Strikeout indicates matter to be deleted, underline indicates new matter.) CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of 2001 at 7 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway to consider An Ordinance Amending Chapters 19 and 25 of the City Ordinances regarding the Construction or Private Driveways and Sidewalks. Auxiliary aids 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 CHAPTERS 19 AND 25 OF THE CITY ORDINANCES REGARDING THE CONSTRUCTION OF PRIVATE DRIVEWAYS AND SIDEWALKS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1.- Chapter 19, Section 103, Subd. 14 is hereby amended as follows: Section 19 -103. PUBLIC NUISANCES FURTHER DEFINED. It is hereby declared to be a public nuisance to permit, maintain or harbor any of the following: 14. The outside parking and/or storage on occupied residentially used property of • usable or non - usable vehicles, trailers, watercraft, snowmobiles, recreation vehicles, all terrain vehicles and similar vehicles, materials, supplies, equipment, ice fish houses, skateboard ramps, or other nonpermanent structures unless they comply with the following: a) Vehicles, trailers and watercraft may be parked or stored outside in any yard provided, however, if they are parked or stored in the front yard area, or a yard area abutting a public street, they must be parked or stored on an authorized parking or driveway area or a paved or graveled extension of an authorized parking or driveway area and be in compliance with Section 19 -1301 through 1305 of the City Ordinances. Authorized driveways and paved or graveled extensions thereof may not exceed 5 0 - 0 ^f 4 46k f Ant 3ard -er- ay'r-d Aga abutting -a public -str the limits established by Section 25 -501 of the City Ordinances unless approved by the city council as part of a plan approval for an apartment complex pursuant to Section 35 -230 of the City Ordinances. Section 2. Chapter 25, Subd. 501 is hereby amended as follows: CONSTRUCTION OF PRIVATE DRIVEWAYS AND SIDEWALKS Section 25 -501. WHEN AUTHORIZED. Property owners are hereby authorized to • construct driveways and sidewalks on private property and on property traversing the boulevard connecting onto the streets owned by the City of Brooklyn Center subject to the following conditions: a. Such construction work must be done at the expense of the property owner and no such construction work shall impair or damage the street. b. The granting of permission by the council for this purpose shall give the owner no right or claim against the city if and when the City shall regrade the streets and shall otherwise improve or maintain said streets so that if following any construction or maintenance work on the streets, the property owner is required to reconstruct the driveway or sidewalk as a consequence thereof, he shall not be entitled to any reimbursement by the City. C. Driveways for single family or two family residential dwellings shall not exceed 24 feet in width at the curb line and through the boulevard portion of the street right -of -way. d. Driveways for single family and two family residential dwellings shall be of hard surface such as concrete, asphalt, brick or similar hard surfaces in accordance with Engineering Department specifications. Compliance ' with the requirement that driveways be constructed of a hard surface shall be achieved by affected . property owners no later than 36 months after the effective date of this ordinance. Driveways leading to a garage shall riot exceed the width of said garage. Driveways not leading to a garage are limited to 12 feet in width. On corner lots with two driveways only one of the driveways may exceed 12 feet in width. This section of the ordinance shall not prohibit a paved or graveled expansion of an authorized driveway by twelve feet for vehicle parking or a turnaround area. The total area allowed for authorized driveways and paved or graveled expansions thereof may not exceed the above limits or 50% of the front yard or the yard area abutting a public street, whichever is less. Section 3. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 2001. Mayor ATTEST: City Clerk Date of Publication: • Effective Date: (Strikeout indicates matter to be deleted, underline indicates new matter.) MEMORANDUM TO: Mayor and City Council Members FROM: Housing Commission DATE: June 18, 2002 SUBJECT: RV Ordinance The Housing Commission has been studying changes to Section 19 -103 as it pertains to recreational vehicles. Our study has included: • parking inside right of way • sight lines • paving surfaces • front yard - side yard - rear yard parking • limit number of RV per property • possible setback provisions • treating boats or snowmobiles with trailers to these same restrictions • ■ limit size of RV on property i.e. length, height, gross weight Enclosed with this memo are photos of parked RV's at various addresses within Brooklyn Center. Some of the photos show RV's within street right -of -way. Others show more than one RV on the property. We have found the right of way (15' from curb) and sight line to be adequately addressed by our traffic ordinance, Section 27 -120. The Department of Motor Vehicles has indicated there are 195 RV vehicles (motor home type) with Brooklyn Center zip codes. Boats and snowmobile licenses are an inaccurate count as they are often stored at lake homes or inside garages. Members of the Commission feel the effects of an ordinance change may be minimal in improving curb appeal/appearance. Enforcement can be enhanced to move some of these RV's from near the curb. Members also feel narrow restrictions may be obtrusive to the rights of homeowners. We look forward to meeting with Council to discuss these items. ; tm x Vf 4 1A 7 ,40 aw MMAWKV ;pull 1 1 � 0 • ~ %�� ..�f r ��� it .� ` ��.. t�f�i ;s4�� a �; ` p A,. dill fte- `� �.. .,.�� -'tea . , i I ' I