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HomeMy WebLinkAbout2001 04-02 CCP Work Session AGENDA CITY COUNCIL WORK SESSION April 2, 2001 6:00 P.M. CONFERENCE ROOM B 1. Housing Commission recommendations (Council Member Nelson) 2. Massage ordinance 3. Regional amenities: stadiums (Council Member Peppe) 4. Historical society books 5. Animal Ordinance Changes 6. Report on Civil Legal Services 7. Apartment Sewer billing 8. Inn on the Farm 9. Miscellaneous 10. Adjourn City of Brooklyn Center A Millennium Community MEMORANDUM TO: Mayor Kragness, Councilmembers Lasman, Nelson, and FROM: Michael J. McCauley, City Manager DATE: March 29, 2001 SUBJECT: Housing Commission Recommendations Attached please find materials prepared by Mr. Bublitzs regarding certain ordinance revisions that the Housing Commission is studying. It is my understanding that the Housing Commission would like some direction from the City Council before completing their work in developing a formal recommendation to the City Council on improved surfaces on driveways, fence construction and maintenance, and limiting the number of collector cars. The Chair of the Commission, Ernie Erickson be available at the worksession to answer questions from the Council regarding the direction being sought by the Commission. 6301 Shingle Creek Parkway Recreation 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 MEMORANDUM TO: Michael J. McCauley, City Manager n FROM: Tom Bublitz, Community Development Specialist DATE: March 27, 2001 SUBJECT: Housing Commission Recommendations Regarding Various Ordinance Revisions In December 1999, the Brooklyn Center Housing Commission began discussing the idea of reviewing the city codes relative to housing maintenance and related ordinances under Chapter 19. This expressed interest was formalized in a letter from the Housing Commission to the City Council in December 1999. At the January 2000 Housing Commission meeting, the Housing Commission met with City Prosecutor William Clelland to review the City's code enforcement process. At that meeting Mr. Clelland suggested possible areas of code revision, including a revision of Chapter 19 to limit the number of collector cars permitted on a residential property. In February 2000, the City Council authorized the Housing Commission to proceed with its review of city ordinances relative to housing and nuisance code ordinances. The Housing Commission began its discussion of city ordinances at its April 2000 meeting. Copies of Housing Commission minutes reflecting discussion of city ordinances are included with this memorandum. As reflected in the minutes, the Housing Commission met with various city staff members in its consideration of possible ordinance revisions including the City's Building Official and Planning and Zoning Specialist. Along with Housing Commission minutes, a number of other items are included as attachments to this memorandum to provide additional background for the Housing Commission's discussion and recommendations. The attachments are numbered and correspond to the following: 1. March 14, 2001 memorandum from Housing Commission Chair and Community Development Specialist, which described a brief chronology of the Commission's consideration of ordinance provisions and a summary of its discussion regarding various code provisions. 2. Report from William G. Clelland, City Prosecutor, titled Brooklyn Center Ordinance Violation Enforcement. 3. 1991 memorandums regarding controlling driveways widths and paving in front yards and 1991 "draft" ordinance language regarding the construction of private driveways. MEMORANDUM March 27, 2001 Page 2 4. 1991 survey data regarding improved and unimproved driveways. 5. City of Brooklyn Center Street Improvement Project Count of Unimproved Driveways. Note: this data was obtained from the City's Engineering Department and is a summation of the count of unimproved driveways taken prior to the initiation of street improvement projects in various areas of the City beginning in 1995 and continuing through 2000. No count is taken of any private driveways that may have been completed during or after the street improvement project. 6. Estimated paving costs for bituminous and concrete driveways. 7. Summary of ordinance surveys from other municipalities including summary of current Brooklyn Center ordinance requirements. 8. Past Housing Commission minutes relative to consideration of code revisions. These minutes include the March 20, 2001 minutes which have not yet been approved by the Commission. At the March 20, 2001 Housing Commission meeting, the Housing Commission reached consensus on recommendations for revisions of various city ordinances. The Commission made specific recommendations but did not recommend any specific ordinance language. The purpose of forwarding the Commission's recommendations to the City Council at this time is to determine if the City Council wishes to further pursue all or any of the Commission's recommendations. A summary of the Commission consensus recommendations follows: ISSUE: requiring improved surfaces on driveways (one and two family residences) The Commission recommended the following: • Require that driveways on one and two family residential lots be paved. The ordinance should specify the driveway should be a solid surface with materials used either, asphalt, concrete or brick. • The existing policy of paving no more than 50% of the front yard should still be the maximum paved area. • Households should not be required to pave parking areas on the side lot areas next to the house or garage or backyard areas but if these areas of the yard are paved, the paving should be limited to an amount to be determined by the City's Engineering Department, taking into account water runoff issues etc. • Curb cuts should be limited to two per residential property and the second curb cut should be limited to 12 feet in width. MEMORANDUM March 27, 2001 Page 3 • Financial incentives should not be implemented to assist property owners with paving driveways. • Building permits for installation of driveways should not be required. • The time line for requiring paved driveways should be three years for paving driveways, excluding the boulevard/apron areas which would be addressed by a future street improvement project. ISSUE: limit on number of collector cars There was a general consensus of commission members to recommend no more than five collector cars be allowed on any residential lot. ISSUE: fence construction and maintenance The Housing Commission recommended that fences be constructed of materials designed or reasonably suited to the purpose for which the fence is proposed to be used, no previously used materials could be used for fence construction and the finished side of the fence should face the abutting property. The Commission also noted that it would be helpful to have the fence requirements contained in the various city ordinances, such as height permitted etc. to be included in one area of the ordinance for convenience. ISSUE: yard cover The Commission recommended no change to the city ordinance with regard to yard cover and the requirement for lawn and ground cover vegetation. II- MEMORANDUM TO: Housing Commission Members FROM: Ernie Erickson, Housing Commission Chair and Tom Bublitz, Community Development Specialist-TP DATE: March 14, 2001 SUBJECT: Summary of Housing Commission Review of Chapters 12 and 19 The following is a summary of Commission discussion regarding possible ordinance revisions to various sections of the City code. DECEMBER 1999 Commission discussed idea of reviewing Chapter 12. Chairperson Erickson requested Commissioner Yelich to prepare a memorandum to submit to the City Council regarding Commission's review of ordinances. JANUARY 2000 Commission met with City Prosecutor William Clelland to review the code enforcement process including prosecution. The City Prosecutor also discussed areas of potential revision in the City code. MARCH 2000 Chairperson Erickson attended a meeting with the City Council and other Commission Chairs and addressed the issue of the Housing Commission's review of City code enforcement ordinances. The City Manager also drafted a memorandum regarding the Housing Commission's review of City ordinances. Copies of documents relative to the December, January and March 2000 discussion are included with this memorandum. The following is a summary of the issues addressed by the Commission and the main points of discussion relative to each issue: ISSUE: REQUIRING PAVED DRIVEWAYS FOR RESIDENTAIL LOTS 0 Ordinances from other municipalities that require paved surface driveways. These include a random sampling of surrounding cities including Columbia Heights, Fridley, Crystal, Blaine and Coon Rapids. • 1991 Council discussion considering proposed ordinance language to require paved • surfaces on driveways (see attached memo and draft ordinance). • 1991 survey data on "Pavement Irregularities ", including a count of unimproved driveways in 1991 (see attached pavement irregularities table and graphs). • Data collected on unimproved driveways in street improvement project areas between 1995 and 2000 (see attached table). • Photographs showing examples of unpaved driveways. • Estimated cost of paving driveways (see attached). • Issues addressed in Housing Commission discussion: 1. Standard for most cities appears to be paved drives. 2. Costs of paving may be a hardship for remaining residents who do not have paved driveways. 3. Discussion of the requirement that no more than 50% of front yard can be paved or graveled driveway and driveway extension (Chapter 19 paragraph 14a). The Commission also discussed 1991 proposed ordinance language that would limit the location of driveway extensions (12 feet extension to driveway). 4. Discussion regarding paving of side yards and comment that once an area is paved it will likely remained paved and will always be a parking area. ISSUE: LIMITING NUMBER OF COLLECTOR CARS • Survey of neighboring cities regarding ordinance provisions relative to collector cars. None of the cities surveyed specifically limited collector cars.NOTE: There is a correction to this sentence. Coon Rapids limits the number of collector cars to two per residential dwelling. • Housing Commission discussed limiting collector cars by requiring parking of all vehicles on hard surfaced areas. This raised other issues with regard to amount of paving on a residential lot, such as paving the entire rear yard to store collector vehicles. • Possible option is to specify a certain number of collector cars per residential property. ISSUE: FENCE REQUIREMENTS AND MAINTENANCE • The Housing Commission reviewed ordinances from several cities regarding fencing requirements including allowable fence construction materials and several of the ordinances contain the following requirements: 1. Fences to be constructed of materials designed or reasonably suited to the purpose for which the fence is proposed to be used. 2. No previously used materials can be used for fence construction. 3. The finished side of the fence shall face the abutting property. • The Commission also discussed combining various ordinance provisions in the City Code regarding fences into one code section so that issues such as height requirements, building code requirements etc. could be found in one location. ISSUE: YARD COVER • Housing Commission reviewed several ordinance requirements from other cities regarding yard cover. A summary of the ordinance provisions of various cities follows: 1. Brooklyn Center - Section 12 -711 yard cover. Every yard of a premises on which a building stands shall be provided with lawn or combined ground cover of vegetation, garden, hedges, shrubbery, and related decorative materials and such yard shall be I maintained consistent with prevailing community standards. Non - residential sites shall be maintained in accordance with an approved City landscape plan and shall be supplied with an irrigation system. 2. Fridley - the following shall be minimum criteria for landscaping: a. Sodding and landscaping shall extend across the entire front yard and side yards, including the boulevard. b. All open areas of any site, except for areas used for parking, driveways, or storage, shall be sodded, seeded or have vegetative cover. c. All uses shall provide water facilities to yard areas for maintenance of landscaping. d. All vacant lots, tracts, or parcels shall be properly maintained in an orderly manner free of litter and junk. 3. Crystal - yard maintenance - section 515.07, subdivision 7, e - all lot areas not needed for building and parking area shall be maintained in grass, sodding, shrubs or other acceptable vegetation or treatment generally used in landscaping. 4. Robbinsdale - yard cover. Exposed areas surrounding (or within) a principle or accessory use, including street boulevards which are not devoted to parking, drives, sidewalks, patios or other such uses, must be landscaped with grass, shrubs, trees, or other ornamental landscape material. Such landscaping shall be maintained in good condition and free of noxious weeds. Weeds, including tall grass, may not exceed 8 inches in height. The enforcement policy for this subdivision, and at section 820.15 shall be set an amended from time to time by resolution of the City Council (amended ordinance no. 91 -05, section 1). 5. Plymouth - yard cover. Every yard of a premises on which a dwelling stands shall be maintained to prevent dust and erosion. Landscape condition. Each dwelling shall be maintained by its owner, occupant, operator or agent so that the yards, open spaces and parking facilities are kept in a safe and attractive condition. Where a conditional use permit has been granted, the landscaping shown on the approved landscaping plan shall be considered as minimal and shall be maintained accordingly. Any deviation to species or material shall be equal to or better than originally approved. 6. Coon Rapids - low density residential district (LDR -2) the following minimum landscaping shall be provided: a. The front yard set back of all single family lots shall contain sod or alternate landscaping. b. The entire yard of all two family lots shall contain sod or alternate landscaping except that any undisturbed area beyond the first 135 feet of lot depth may be left in its natural vegetative state. c. The boulevard area abutting each lot shall be sodded and shall contain at least one tree with a minimum caliper of 2 inches per unit on each street frontage. BROOKLYN CENTER ORDINANCE VIOLATIONS ENFORCEMENT BY WILLIAM G. CLELLAND, BROOKLYN CENTER PROSECUTING ATTORNEY 1. OVERVIEW OF APPLICABLE LAWS. The City of Brooklyn Center has a number of well drafted and comprehensive ordinances that give me, as prosecuting attorney, the tools with which to abate public nuisances and housing code violations. The City ordinances are supplemented by the State Hazardous Building Act which provides for raising and removal of hazardous structures as well as abatement of hazardous conditions. Other laws supplement our enforcement such as the Uniform Fire Code and Uniform Building Code adopted by the State of Minnesota. Some of these statutes and ordinances are civil laws which means they permit the City address and correct housing violations and nuisances and they allow the City to recover all of the costs of enforcement, including attorney's fees and the lice, but they do not provide for criminal Penalties such as fines, imprisonment and probation. Some of these laws are purely criminal in character as they make unlawful the commission of certain acts and in some cases the omission of other acts and upon a finding of guilty, the statutes provide for fines, terms of imprisonment, Probation and the like. Some of your ordinances have both civil and criminal components. The distinction between civil and criminal proceedings-is important as it concerns the level of proof required by the State, the considerations of due process and in some cases the personal impact upon the defendant. Generally the civil and criminal laws compliment one another and we can employ either the civil laws, criminal laws or both in our discretion. Municipalities have broad and effective powers to abate public nuisances and housing and building code violations, but subject to significant due process considerations. 2. CIVIL LAWS. The most comprehensive law, civil law, providing forthe abatement of hazardous conditions is found in Minnesota Statute §463.15 at seq., known as "hazardous and substandard buildings ". This law defines a building as any structure or part of a structure thereby covering commercial, industrial as well as residential premises, A hazardous property is defined as any building or property which, because of inadequate maintenance, dilapidation, physical damage, unsanitary condition or abandonment, constitutes a fire hazard or hazard to public safety or health. This law permits the governing body of any city or town to remove or raise any hazardous building or remove or correct any hazardous condition of real estate either upon obtaining the consent of all owners of record in writing or alternatively by issuing a order to all owners, requiring them to take the appropriate, corrective action within a reasonable period of time. If the owners' do not abate the nuisances or hazardous condition, the City's order is filed in court and the City petitions the court that its order be upheld and that it be allowed to carry out the raising, removal or abatement of the conditions. If the owners of record contest the City action, the case is tried with priority over all other cases. If the court sustains the City order and if the owners thereafter do not abide by the City order, the City is authorized to abate the nuisance or raise and remove the building at all costs, including attorney's fees, witness fees, appraisers fees, expert witness fees and the like shall be allowed by the court and if not paid by the owners, they are certified by the city clerk to the county auditor for collection as a special assessment. There are no criminal penalties provided for under this statute. 3. LAWS WITH CIVIL AND CRIMINAL COMPONENTS. The primary ordinance of the City of Brooklyn Center for the establishment, maintenance and enforcement of building maintenance and habitability, is Chapter 12, the Building Maintenance and Occupancy Ordinance. This ordinance covers all buildings in the City of Brooklyn Center although its emphases is on standards for dwellings. It provides detailed requirements for conditions of habitabili a is a misdemeanor b law. In addition, habitability. A violation of the ordinance Y Chap ter 12 permits the building officials to issue a compliance order for the correction of defects and those orders can be enforced in a civil manner under the provisions of Chapter 7. Chapter 7 ofthe Brooklyn Center Ordinances governs all conditions regarding health, refuse, garbage and sanitation. A violation of Chapter 7 such as the presence or maintenance of waste, trash, refuse or the like is a criminal offense. In addition, Chapter 7 provides that the City council may order all abatements to take place and if the owners do not, the City may undertake abatement itself, assessing all costs against the property. In emergency cases, action of the City council is not necessary. Chapter 19 which defines most public nuisances, also permits civil abatement by reference to the processes in Chapters 7 and 12. 4. CRIMINAL STATUTES. In addition to the criminal provisions of Ordinances 7 and 12, Chapter 19, particularly Section 19 -101, defines numerous conditions constituting public nuisances which are misdemeanor crimes under the ordinance. Chapter 19 broadly defines as public nuisances the presence of any garbage, trash, dead animals, pollution, noxious weeds, smoke, soot, junk, disused furniture, junk automobiles and parts, storage of farm or construction equipment an d the like. Chapter 19 also defines and deals with a broad range of other criminal activity not directly associated with building or housing issues. Further, under the State's basic Criminal Code, Minnesota Statute §609.74 provides that whoeverby an act or failure to perform a legal duty intentionally does any of the following is guilty of maintaining a public nuisance which is a misdemeanor. 1. Maintains or permits a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort or repose of any considerable number Of members of the public; or 2 2. Interferes with, obstructs or renders dangerous for passage any public highway or right -of -way or water used by the public; or 3.. Is guilty of any other act or omission declared by law to be a public nuisance. Minnesota Statute § 609.745 specificallyprovides that whomeverhaving control ofreal estate permits it to be used to maintain a public nuisance or lets the same knowing it will be so used is guilty of a misdemeanor. 5- THE COMPLIANCE PROCESS. In all non - emergency cases, City inspectors will give notice of the nuisance or defect, specifying the remedial work necessary and giving reasonable time therefore. The notice states that the real property owner may appeal the building official or inspector's decision if he believes the interpretation of the code is incorrect. In most cases the homeowners resolve the nuisances or violations without further action. 6• CROGNAL LAW ENFORCEMENT. In cases of noncompliance, we always start with the commencement of criminal prosecution, charging the real property ownerwith the misdemeanor offenses ofpublic nuisance. A misdemeanor is a criminal offense punishable by a fine of up to $700 and a period of imprisonment of up to 90 days or both. We will also often charge the tenant of the property if the occupant is not also the owner because it is a tenant's responsibility to avoid and/or abate nuisances and violations in many cases as well as the responsibility of the owner. • If the violation is minor and if the defendant is a first time offender, we typically will offer them, if they plead guilty to at least one offense, a probationary sentence under Minnesota Statute §609.135 pursuant to which they are placed on probation one year. They are not sentenced during this year although they have been convicted. The terms of the probation provide payment of at least $100 in prosecution costs to the City to help defray the cost of prosecution, a requirement that they immediately abate the existing violations and suffer no violations in the next year. If the defendant successfully completes probation, we agree to dismiss the case after one year so that the homeowner has no criminal record. If the homeowner violates -the probation, he is subject to a maximum fine then of $700 and a maximum term of imprisonment of 90 days because of his previous plea of guilty and conviction. Once we have resolved a criminal case we notify the inspector for a follow -up inspection to insure that the existing violations have been abated and that no new violations occur. For repeat offenders we look to increasingly large fines as well as jail sentences. We initially use the criminal proceedings because they are much faster. By drafting a criminal complaint and serving it on a party, we can cause them to appear in court within two weeks. Most real property owners plead guilty at the first appearance. Even those who plead not guilty will have a pretrial conference set in about one month and if they do not plead guilty then, a trial date about a month later. Virtually all of the persons ultimately plead guilty and we have had very few 3 cases go to trial. The criminal proceedings do require the State to prove the defendant guilty beyond a reasonable doubt. 7. CINU LAW ENFORCEMENT. Most minor cases such as storage of a junk car or uncollected trash can be quickly and successfully resolved by the institution of criminal proceedings. Virtually all persons will comply with orders to abate nuisances rather than face a substantial fine and the possibility of jail. In some cases, however, the violations are so significant or we feel that the offender is not likely to comply himself and so we undertake civil proceedings at the same time as the commencement of the criminal proceedings. For these select cases, we commence proceedings under the Hazardous Building Act by preparing a resolution and an order of the council which adopts the findings of the building inspector or the building official as to the hazardous conditions and we serve that order upon.all persons who have an ownership interest in the property, including mortgagees. At the same time we commence criminal Proceedings against the real property owners and in the case of rentals, the tenants who may be responsible for the violations as well. Once the City council has passed the resolution and issued the order, the order is served upon all persons who have an ownership interest in the property and they must respond to the order within twenty days, eitherby cleaning up the premises themselves, or if they object to the order, then filing a formal answer opposing the order. The case is then assigned to a judge for trial without a jury and with priority over all other cases. If the court sustains a City council order, and if the owners then do not abate all nuisances and hazardous conditions, then the City is authorized to do so by hiring contractors or other persons to carry out the work and all attorney's fees, witness fees and other costs of enforcement are assessed against the Property as a special assessment. 8. JUDICIAL PERSPECTIVE. Sometimes minor violations such as the storage of one junk car or the presence of debris is not seen as a serious violation by the court system. In fact, the court maintains a list of offenses known as the " payables list" for offenses that may be paid by a modest and predetermined fine without a necessary court appearance. In fact, if we were to charge someone with an offense designated as "storage of junk auto" it is an offense on the payables list and may be paid by a small fine. This obviously deprives me of participating meaningfully in the case and seeing that the violation is resolves so we charge all offenses under the title of "public nuisance" which requires a mandatory court appearance. We believe, as does the City council, that these "livability" issues are very important to the establishment and maintenance of a community and we have worked hard to impress the courts with the need of enforcement of these matters. 4 9. DUE PROCESS CONSIDERATIONS OR WHY DOES IT ALWAYS TAKE SO LONG? The most frequent question asked by neighbor residence and City officials and the like is "Why does it always take so long ?" The answer is, we are dealing with the owner's property rights and the law, appropriately, gives them time to respond to protect their property rights of they wish. For cases involving emergencies, the City manager can act to abate than without the action Of the City council. Most of the violations, however, are not emergencies and the concept of due Process of law requires that we first give the owners notice of the violation to allow them to abate it on their own and at their own cost. This is not only in terms of due process of law, but I think as a matter of good public relations to encourage voluntary compliance. If a party does not comply and we initiate either civil proceedings, criminal proceedings or both, the concept of due process of law allows every person the chance to defend himself and reply. In a criminal case the defendant is presumed innocent unless the State is able to prove that person guilty beyond a reasonable doubt. The person is permitted time to consult with an attorney, to raise any and all defenses on his behalf and to ultimately take the matter to trial if he wishes. In fact, most violations are clear enough that most persons plead guilty without a trial. Nonetheless, every criminal offense carries with it the prospect of a fine and perhaps a substantial fine and the possibility of imprisonment and, therefore, it is important to accord persons sufficient time for their defense. In case of the commencement of civil proceedings, if the City has to effect the abatement, the homeowner will face the imposition of all costs of that enforcement, including contractor's fees, attorney's fees, witness fees and the like. Due process requires that the owners either be given time to abate the nuisances themselves of to defend themselves by trial if necessary. Since it is not a criminal case, the State need only prove the case by a preponderance of evidence rather than beyond a reasonable doubt. 10. POSSIBLE REVISION OF ORDINANCES. I believe the ordinances as presently drafted are more than adequate to resolve virtually all of the violations and nuisances. I have suggested revision of Chapter 19 to limit the number of collector cars which can be kept since presently no limit is set. At present, the ordinances prohibit the storage of junk vehicles defined as vehicles which are not in operating condition and which are not presently licensed for use on the streets, but it allows storage of recreational vehicles, boats and trailers. Many persons I prosecute for offenses such as storage of a junk auto complain that a neighbor has stored an RV or their trailer and they question why. I do not know if the City council wishes to revisit this issue. f f� 5 A CITY OF BROOKLYN CENTER Council Meeting Date 5/13/91 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Discussion Item - Controlling Driveway Widths and Paving in Front Yards and Yards Abutting a Public Street * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVA • - L. Ronald A. Warren, Director of Planning and Inspection MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached On the May 13, 1991 City Council agenda is a discussion item related to controlling driveway widths and paving in front yards and yards abutting a public street. This item was also the subject matter of a City Council discussion on February 25, 1991. We have been struggling with various ideas on how to best control and regulate the parking and storage of vehicles in front yards and Yards abutting public streets. Attached are copies of the February 25, 1991 Request for Council Consideration, a January 16, 1991 memo relating to a yard coverage ordinance and a listing of other communities' residential paving limitations which were all presented to the City Council for consideration on February 25, 1991. Also attached is a draft ordinance that the staff has prepared and has discussed that attempts to address some of the concerns raised. This ordinance would amend Section 19 -103 of the City ordinances relating to nuisances involving the parking and storage of vehicles on occupied residentially used property by deleting the provision that allows authorized driveways and paved or graveled extensions of these driveways to be up to 50% of the front yard or yard area abutting a public street. Instead, this section would require that all driveways and extensions of driveways now comply with limits established in Section 25 -501. I �^ SUMMARY EXPLANATION Page 2 Section 25 -501 of the City ordinances deals with the construction' of private driveways and sidewalks. This section would be amended to make it clear that it pertains to driveways and sidewalks on private property as well as the boulevard or public portion of the street right -of -way. The proposal would add a subdivision that would limit driveways for single - family and two - family residential dwellings to no more than 24 in width at the curb line and through the boulevard portion of the street right -of -way. Another proposed subdivision would require the following: 1. All driveways for single - family and two - family residential dwellings to be hard surfaced such as concrete, asphalt, or a well compacted gravel. 2. Driveways leading to a garage would not be allowed to exceed the width of that garage. 3. Driveways not leading to a garage would be limited to 12' in width. 4. Paved or graveled expansions of authorized driveways would be limited to 12` for parking or turnaround areas. 5. The total area for authorized driveways or paved or graveled expansions would be limited to the above dimensions or 50% of the front yard or yard area abutting a public street, whichever is less. The impacts of proposed provisions will vary. Probably the most significant is requiring a'hard- surfaced driveway. We have had discussions regarding the possibility of only requiring hard- surfaced driveways in front yards or yards abutting a public street as this is the area other provisions of the ordinance involving parking and.storage of vehicles relate to directly. . Enforcement of such provisions is an area that will require City Council direction. It has been suggested that the Council, by resolution, establish a time line for compliance, particularly the requirement for hard - surfaced areas and the restoration of areas that currently exceed the limits established by the ordinance. Restoration of boulevard areas as well as front yards and yards abutting a public street is recommended and may be a hardship for some persons. It has been suggested that a notice giving persons up to say, three years to comply, might be reasonable. We do not recommend at this time considering "grandfathering" situations that don't comply or making the ordinance only effect people putting in driveways or expanding driveways after a certain date. Enforcement of these types of situations would be extremely difficult, and most of the problems that this ordinance is attempting to address, already exist. Recommendation The "draft" ordinance presented is for discussion only and is not offered for a first reading by the City Council. We will be prepared to discuss this matter in more detail at Monday evening's meeting and to respond to questions and suggestions the City Council may have. CITY OF BROOKLYN CENTER Council Meeting Date 2/ Agenda Rem Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Discussion Item - Controlling Driveway Widths and Paving in Front Yards and Yards Abutting a Public Street DEPT. APPROVAL: ' Ronald A Warren, Director of Planning and Inspection s. MANAGER'S REVIEW /RECOMMENDATION: • No comments to supplement this report Comments below /attached ******************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached_X On the February 25, 1991 City Council agenda is a discussion item related. to the possibility of developing regulations for residential areas which would attempt to control driveway widths and paving of yards abutting public streets. Attached is a copy of a memo to the City Manager regarding concerns with a recently adopted Nuisance Ordinance which might be considered to encourage. raving of yards well beyond what the City Council might _favor. This ordinance. restricts parking in front yards and yards - abutting public streets to driveways and paved or graveled extensions of driveways. The ordinance limits this paving or driveway extension to not more than 50$ of the yard. Besides possibly encouraging people to pave or utilize too much of their front yards for parking and storing vehicles, trailers, etc., the provision could also be used for allowing excessively wide driveways. For instance, a typical single family - residential lot with a minimum width of.75' could have a driveway opening at the street of 37.5 A corner lot with a depth of 120 could possibly have a 60' wide driveway. As the memo suggests, we believe it would be appropriate to adopt - s an ordinance provision limiting the width of driveways at the street line or property line to some maximum width such as 24'.. This would help control one . SUMMARY EXPLANATION Driveway Widths and Paving Page 2 However, this leads to other potential problems and concerns relating to other aesthetic and property maintenance matters. Should we consider reducing further the 50% limit on paving in yards abutting streets? There are within the city some 50' and even 40' wide lots. The 50* limit might be restrictive to the smaller lot and may be excessive on the standard size or larger lot. An "eyeball survey" of the city's residential areas will show a wide of ways people have paved yards to accommodate parking and turnaround areas in their yards. We seem committed to trying to limit car, snowmobile, recreation vehicle and other authorized vehicle parking to driveways and paved or improved extensions of driveways.* But how much becomes too much? Should we consider a maximum amount of paving beyond a normal driveway width and percentage of yard coverage combined? This subject has also lead to other questions and concerns. The engineering department has suggested that if we establish minimum driveway widths on the boulevard portion of the street right -of- way, that perhaps we should establish also a requirement for paved or improved driveway aprons across the boulevard portion of the right -of -way to prevent undermining of the roadway, especially in areas with sidewalks. The City does not require improved driveways on residential lots other than on multiple family residential developments. Should we consider such a requirement for single - family and two - family residential lots? If so, when do we start to enforce such a requirement? General discussion of these subjects by the City Council is encouraged to see if there is interest in pursuing any of the above, or perhaps other suggestions as well. r: MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Ronald A. Warren, Director of Planning and Inspectidn �z, SUBJECT: Yard Coverage Ordinance DATE: January 16, 1991 As follow -up to our January 2, 1991 meeting, you have requested me to review a City Council raised concern regarding a recently adopted- Nuisance Ordinance provision that limited authorized driveways and paved or graveled extensions thereof to not more than 50% of a front yard or a yard area abutting a public street. The City Council was concerned that this provision lead, or encourage, people to pave or utilize too much of these yards for the purpose of parking and storing vehicles, trailers, recreation vehicles, snowmobiles and other types of vehicles. We had discussed the possibility of limiting driveway widths in residential areas as a means of controlling this problem. I have discussed such a suggestion with Mark Maloney, City Engineer, who is looking at a possible maximum driveway width at a street line. _ He has not as yet suggested such a dimension, but does agree that limiting a driveway width in a residential area would be a positive �•, thing. I suggest that we consider amending Chapter 25 of the City Ordinances which deals with streets and highways, specifically at Section 25 -501 which deals with the construction of private driveways and sidewalks, to add a subdivision c which would allow. driveways in areas to be no greater than 24' - in - width. Mark may wish. to modify this suggested width based* on his expertise, and I certainly would have no problem with such a modification. I've also had Gary Shallcross contact a few communities in the area to see if 'they regulate the amount of yard area which can be paved or hard surfaced or regulate driveway widths. Attached is a copy of the results of his quick survey. I believe restricting driveway widths at the street line would have a positive effect of limiting the amount of hard surfaced area being utilized within a particular yard. The question is whether or not we want to go further in attempting to control this matter. t •xv*u January 9, 1991 RESIDENTIAL PAVING LIMITATIONS CITY LIMITATION .Brooklyn Park Maximum width of driveway of 30 Most park on paved surface. At least 5' from property line. Can't expand more than 10' in any direction. No restriction on rear yard. Require permit for driveway, but don't enforce. Crystal Driveway opening 22' maximum (don't rigidly enforce). 50' from intersection; 40' apart; 1 opening per lot. Can't widen driveway toward principal structure. Opening must be at least 3' from side lot line. Enforced on complaint basis. Permit for opening into concrete curb, not into bituminous. Columbia Heights Golden Valley No restrictions on driveway size. No written restriction on driveway openings. Handle on case -by -case basis. They do issue permits for driveway openings. Maple Grove No specific driveway width. Maximum width across boulevard is 24' without Engineering :. Department approval. Thinks a permit required for driveway opening. _ . New No- . _ Only. one driveway. .. Must be - 5 F from: proV..er�,v, line. 40' from intersection. Maximum b driveway curb cut is 24'. Concrete driveway must be 5 thick, 6 Class 5 gravel base. Cars must be parked on hard Robbinsdal.e 22' wide curb opening. No limit on driveway. Engineering Department issues permits on curb cut. St. Louis Park No limit on size of driveways. Can't park on lawn. Driveway must lead to garage or parking �• space. No permit system for driveways. Public Works issues permit for curb opening. 22' maximum width. • h D- CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1991 at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapters 19 and .25 of the City Ordinances regarding the construction of private driveways and sidewalks. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please call the Personnel Coordinator at 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. Chapters 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 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 l 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] the limits established by Section 25 -501 of the Citv 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 07 "'PRIVATE DRIVEWAY'S AND SIDEWALKS Section 25 -501. WHEN AUTHORIZED. Property owners are hereby authorized to construct driveways and sidewalks on private Dronerty and on nronerty 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 riaht- of -way. ro� d. Driveways for single familv and two familv residential dwellings shall be of hard surface such, as concrete, asphalt, or a well compacted gravel in accordance with Engineering Department, specifications. Driveways leading to a garage shall not exceed the width of said garage., Driveways not leading to a garage are limited to 12, feet in width. This section of the ordinance shall. q • I •• not prohibit a caved or Graveled expansion of an �. authorized drivewav by twelve feet for vehicle parkincr or a turnaround area. The total area allowed for authorized driveways and paved or araveled expansions thereof may not exceed the above limits or 50% of the front vard or the vard 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. Todd Paulson, Mayor ATTEST: Deputy Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) PAVEMENT IRREGULARITIES Neighborhood Unimproved Driveway Damaged Blvd Damaged Corner Park on Grass Total Northeast 54 86 49 35 224 Southeast 132 125 68 61 386 Northwest 27 95 80 55 257 West Central 12 23 12 40 87 Central 11 11 11 33 66 Southwest 22 0 2 31 55 Total 258 340 222 255 1075 PAVEMENT IRREGULARITIES 140 120 100 - Unimproved Driveway m W 80 - ❑ Damaged Blvd m z 60 - Damaged Corner 40 - ® Park on Grass 20 - 0 N (a N ++ CO t0 N M N N y a a✓ N N � +LL+ 1 V U 7 O N C z z fn Page 1 I PAVEMENT IRREGULARITIES - RENTAL PROPERTIES Neighborhood Unimproved Driveway Damaged Blvd Damaged Corner Park on Grass Total Northeast 4 0 0 1 5 Southeast 7 4 0 3 14 Northwest 3 3 0 1 7 West Central 3 0 0 1 4 Central 1 0 0 1 2 Southwest 4 0 0 1 5 Total 22 7 0 8 37 PAVEMENT IRREGULARITIES - RENTAL PROPERTIES 7 6 — 5 — Unimproved Driveway 4 — ❑ Damaged Blvd 3 — Damaged Corner 2 _ ■ Park on Grass 1 — 0 N N N d m ~ � 3 � r Z C 0 U U N 0 o Z Page 1 i City of Brooklyn Center Street Improvement Project Count of Unimproved Driveways Total Homes in Number of Project Year Project Area Project Area Unimproved Driveways 1995 Woodbine 239 2 1996 Orchard Lane East 230 3 ` 1997 Orchard Lane West 532 3 1998 Bellvue Neighborhood 164 7 1999 Southeast 399 20 2000 Garden City Central 327 2 TOTAL 1,891 37 (2 %) Total single family and two family properties 7,600 x 2% =152 properties Typical Paving Costs - Driveways 12' x 70' = 93 square yards 12 - 15 square yards includes 4" gravel base and 11/2" bituminous Cost range - $1,116 to $1,395 Concrete alternative $25 /square yard = $2,325 SUMMARY OF MUNICIPAL SURVEY OF ORDINANCE REQUIRMENTS Requiring m q ng I proved Surfaces on Driveways ► Brooklyn Center - no requirement for paved or improved surfaces on driveways ► Columbia Heights - all required parking spaces must be surfaced with asphalt or q p g p P concrete as per housing maintenance code ordinance no. 1281 ► Fridley - ordinance no. 1098 (enacted in 1997) finds and declares unpaved, gravel or dirt driveways to be a . public nuisance and requires hard surface (paved) parking areas must be installed by the year 2002 for all residential units without a paved driveway. ► Crystal - zoning ordinance requires all areas intended to be utilized for parking space in driveways must be surfaced with blacktop or concrete. This applies to current driveways which are expanded, or when major remodeling or additions of garage space is done. Driveways which are currently gravel and are maintained as such without enlarging them may continue as such. Should there be a problem with erosion onto the public right of way or failure to maintain the driveway property, orders may be issued to upgrade to a hard surface. ► Robbinsdale - in all R1 and R2 districts, areas intended to be used for self propelled vehicle parking spaces in driveways shall be surfaced with a material suitable to control dust and drainage. A grass covering does not constitute an acceptable surfacing material. ► Blaine - all driveways must be hard surfaced as follows: 2 inches of bituminous with 4 inches class five aggregate base; 4 inches concrete with a 10 -10 woven wire mesh or fiber mesh; 6 inches concrete or paver bricks, type and design as approved by City Engineer. ► Coon Rapids - All driveways and parking areas shall be improved in accordance with specifications on file with the Chief Building Official. If the roadway is not paved, the driveway need not be paved until such time as the owner is given notice by the Zoning Administrator. Within 30 days after completion of the paving of the roadway, the Zoning Administrator shall notify the owner in writing that the driveway must be paved. The notice shall specify a date for completion of the driveway paving, which date shall be no less than six (6) months nor more than one (1) year form the date of the notice. Al Parking on Side of House /Garage, Improved Surface Requirements on Driveways, Side of House and Areas Visible from Street and Issue of Parking Vehicles in Rear Yards ► Brooklyn Center - the city requires two parking spaces per resident in residential districts (per zoning ordinance). If parked in front yard, must be in driveway or paved or graveled extension. Parking, including trailers, boats etc. permitted on side yards with no requirement for improved surface. Parking, including boats, trailers, etc. allowed in rear yards, with no requirement for improved surface. On corner lots where side and rear yards abut a public street parking /storage must be screened by opaque fence. ► Fridley - at least one off street parking stall shall be provided for each dwelling unit. The required parking stall must be located on a hard surface parking space with a set back minimum of three feet from the side property line. Garages shall satisfy off street parking stall requirements. Exterior storage - all materials shall be kept in a building or shall be fully screened, so as not to be visible from any public right of way except for stacked firewood, boats, and trailers placed in the side yard. The City shall require a special use permit for any exterior storage or materials, except for the above. ► Crystal - in the case of single family, two family or townhouse dwellings, off street parking is not permitted in any front, rear or side yard except on designated driveways leading directly into a garage or on an open, surface space located on the side of the driveway. The accessory parking may be located adjacent to the existing garage, on one side of the garage only, provided this space is surfaced and located no closer than 10 feet to the principle portion of an adjacent residential structure. In locations where it is desirable to have a turnaround space adjacent and at right angle to the main driveway, may do so with a space not to exceed 10 feet in width and 20 feet in depth. This space must be hard surfaced with appropriate materials. The boulevard portion of the street right of way shall not be used for parking. The only exception is the portion of the driveway leading directly into a garage. ► Robbinsdale - off street parking facilities accessory to residential uses shall be utilized solely for the parking of licensed and operable passenger vehicles, licensed and operable recreational vehicles as regulated in subsection 515.01, subdivisions 3 and 4. B1 Robbinsdale establishes stall and aisle or driveway design as per zoning code. For one and two family dwellings no more than one of the required parking spaces for each unit may be located in the front yard. This requirement shall not apply to approved combination residential and commercial rojects regulated b 515.07 P g Y and 520.03 of this code. Said type of parking spaces shall not be enclosed within a building or structure. ► Plymouth - all vehicles, watercraft and other items stored must be a minimum of 3 feet from the side lot line, and 3 feet from the rear lot line. Vehicles may not be parked or stored within the established drainage or utility easement which are usually 6 feet from the side and rear property lines. All vehicles, watercraft and other items stored outside must be on a concrete or bituminous surface (not dirt or grass), except in zoning districts FRD, RSF -1, and RSF -2. Plymouth requires two parking spaces per single family dwelling and two spaces per family unit in two family dwellings. ► Blaine -residential (Rl, R1A, RlAA, R2) on site parking requirements. (Section added 1/17/91. Ordinance 91 -1243) - parking and storage shall be limited to operable vehicles registered and licensed to the occupants of the dwelling unit and their guests only. Except as provided in 29.35 (t), parking or storage of vehicles shall be permitted in the front and corner side yard on paved driveways only. Provided area has an access drive, storage of vehicles shall be permitted in the side yards subject to required driveway setback. Parking in the rear yard shall be limited to recreational vehicles only, as defined by state statutes, and subject to required driveway setback. All existing parking and storage of vehicles not in compliance with the provisions of this ordinance shall be brought into compliance within one year after the date of its adoption, except those lots which did not have a paved driveway at the time of adoption shall not be required to pave. B2 ► Coon Rapids - number of vehicles - the number of vehicles on a residential parcel may exceed by only two the number of persons with valid drivers licenses residing on the premises. The following vehicles shall be exempted from this requirement: a) temporary visitor parking. b) major recreational vehicles. c) a maximum of two collector vehicles registered as pioneer, classic, collector or street rod vehicles. The collector plates must be displayed on the vehicle. Parking in drives - Coon Rapids requires three off street parking spaces for a single family dwelling. At least two spaces shall consist of an enclosed garage. The ordinance sets requirements for the size of driveways and notes that driveways shall be permitted to be constructed up to the property line. However, driveways shall not be located within the site triangle described in subsection 11- 1825 (1). ► St. Louis Park - parking and storage of vehicles in the Rl, R2 and R3 zoning districts. The following provisions shall apply to the parking and storage of vehicles on residential parcels. a. No more than three vehicles can be parked or stored outside an enclosed building at a single family residence. For a duplex, six vehicles can be parked or stored outside. If there are more - than three persons residing at a single family dwelling who have a valid Minnesota drivers licenses showing the residence address, then the total number of vehicles allowed to be parked outside is increased to a number equal to the number of licensed drivers residing at the property not to exceed five vehicles. The provisions of this paragraph shall not apply during snow emergencies. B3 Limit on Number of Collector Cars as Defined by State Ordinance ► Columbia Heights - no reference in ordinance materials provided. Columbia Heights does regulate storage of racing cars and stock cars. ► Fridley - no reference to collector cars in ordinance materials provided. ► Crystal - no reference to collector cars in ordinance materials provided. ► Robbinsdale - no reference to collector cars made in materials provided. ► Plymouth - no 'reference to collector cars made in ordinance materials provided. ► Brooklyn Park - no reference to collector cars made in ordinance materials provided. ► Blaine - no reference to collector cars made in materials provided. ► Coon Rapids - a maximum of two collector vehicles registered as pioneer, classic, collector or street rod vehicles. The collector plates must be displayed on the vehicle. ► St. Louis Park - no reference to collector cars made in ordinance materials provided. Cl Chapter 12 -706 - Fence Maintenance ► Brooklyn Center - section 12 -706 fence maintenance. All fences shall consist of metal, wood, masonry, or other decay resistant material. Fences shall be maintained in good condition both in appearance and structure. Wood materials, other than decay resistant varieties, shall be protected against decay by use of paint or other preservatives. Paint shall be maintained consistent with section 12- 702. ► Columbia Heights - fences over 6 feet in height require a permit. The ordinance also sets construction standards and material specifications for fences. Requires detailed information for permits. Fences lower than 6 feet do not require a building permit but will still be required to follow all construction standards and general building and zoning requirements in the ordinance. No previously used materials such as old barn boards or railroad ties may be used in any fence. ► Fridley - fences bordering side and rear lot lines shall be no more than 7 feet in height in any residential district. A wall or any natural hedge or closely planted vegetation that forms a barrier shall not exceed 4 feet in height within the limits of the front yard in all residential districts. A fence, wall or natural hedge or closely planted vegetation that forms a barrier shall not exceed a height of 30 inches if within 10 feet of a driveway access for a distance of 10 feet in each direction from the intersection of the property line and street right of way in all residential districts. Fences also cannot impede vehicular traffic. The fence must be entirely on the owners private property (no specific distance inside the property line), unless the adjoining property owner agrees in writing to allow it on the property line. All fence materials must be maintained in a reasonable condition. ► Crystal - detailed requirements for fence construction including a requirement for a permit. Fences cannot exceed 48 inches in the front yard. All fences must be located within the property lines, not on the line. Fences located in the side and rear yards behind the front line of the principle may be up to 6 feet high without a permit. D1 ► Plymouth - permit required for fences in Plymouth. General provisions include: that side of any fence or wall considered to be it's "face" (i.e. the finished side having no structural supports) shall face abutting property or street right of way. A certificate of survey may be required by the building official for all fences (except hedges and plantings) or walls to be constructed on or within 6 feet from the property line, unless corner property stakes are in place and marked and a survey is filed with the City. The ordinance also sets forth various height requirements for fences and natural barriers. ► Blaine - city ordinance specifies that the purpose of this section is to promote a pleasant physical environment and to protect the public and private property within the City by regulating the location, height, type of construction and maintenance of all fences. The ordinance defines various types of fences and specifies that no fence shall be erected or substantially altered without securing a permit from the building inspector. All such permits shall be issued upon a written application which shall set forth the type of fence to be constructed, the material to be used, the height, and exact location of the fence. A fee shall be paid with each application. The ordinance also specifies permitted location of fences and construction and maintenance stating that every fence shall be constructed in a workmanlike manner and of substantial material reasonably suited to the purpose for which the fence is to be used. D2 Chapter 12 -711 - Yard Cover ► Brooklyn Center - Section 12 -711 yard cover. Every yard of a premises on which a building stands shall be provided with lawn or combined ground cover of vegetation, garden, hedges, shrubbery, and related decorative materials and such yard shall be maintained consistent with prevailing community standards. Non- residential sites shall be maintained in accordance with an approved City landscape plan and shall be supplied with an irrigation system. ► Fridley - the following shall be minimum criteria for landscaping: 1. Sodding and landscaping shall extend across the entire front yard and side yards, including the boulevard. 2. All open areas of any site, except for areas used for parking, driveways, or storage, shall be sodded, seeded or have vegetative cover. 3. All uses shall provide water facilities to yard areas for maintenance of landscaping. 4. All vacant lots, tracts, or parcels shall be properly maintained in an orderly manner free of litter and junk. ► Crystal - yard maintenance - section 515.07, subdivision 7, e - all lot areas not needed for building and parking area shall be maintained in grass, sodding, shrubs or other acceptable vegetation or treatment generally used in landscaping. ► Robbinsdale - yard cover. Exposed areas surrounding (or within) a principle or accessory use, including street boulevards which are not devoted to parking, drives, sidewalks, patios or other such uses, must be landscaped with grass, shrubs, trees, or other ornamental landscape material. Such landscaping shall be maintained in good condition and free of noxious weeds. Weeds, including tall grass, may not exceed 8 inches in height. The enforcement policy for this subdivision, and at section 820.15 shall be set an amended from time to time by resolution of the City Council (amended ordinance no. 91 -05, section 1). ► Plymouth - yard cover. Every yard of a premises on which a dwelling stands shall be maintained to prevent dust and erosion. El ► Landscape condition. Each dwelling shall be maintained by its owner, occupant, operator or agent so that the yards, open spaces and parking facilities are kept in a safe and attractive condition. Where a conditional use permit has been granted, the landscaping shown on the approved landscaping plan shall be considered as minimal and shall be maintained accordingly. Any deviation to species or material shall be equal to or better than originally approved. ► Coon Rapids - low density residential district (LDR -2) the following minimum landscaping shall be provided: a. The front yard set back of all single family lots shall contain sod or alternate landscaping. b. The entire yard of all two family lots shall contain sod or alternate landscaping except that any undisturbed area beyond the first 135 feet of lot depth may be left in its natural vegetative state. c. The boulevard area abutting each lot shall be sodded and shall contain at least one tree with a minimum caliper of 2 inches per unit on each street frontage. E2 MINUTES OF THE PROCEEDINGS OF THE HOUSING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND STATE OF MINNESOTA REGULAR SESSION APRIL 18, 2000 CONFERENCE ROOM B CALL TO ORDER The Brooklyn Center Housing Commission was called to order by Vice Chairperson Lloyd Deuel at 7 p.m. ROLL CALL Vice Chairperson Lloyd Deuel, Commissioners Dennis Snook, Kathleen Carmody, Mark Yelich, and Donald Arm. Also in attendance were Council Liaison Bob Peppe, Building Official David Fisher and Community Development Specialist Tom Bublitz. Chairperson Erickson and Commissioner Von DeLinde were absent and excused. Commissioner Okoya -Lawal was absent and unexcused from the meeting. APPROVAL OF AGENDA There was a motion by Commissioner Arm and seconded by Commissioner Carmody to approve the agenda as submitted. The motion passed. APPROVAL OF MINUTES - March 21, 2000 There was a motion by Commissioner Arm and seconded by Commissioner Snook to approve the minutes of the March 21, 2000 Housing Commission meeting as submitted. The motion passed. CHAIRPERSONS REPORT Vice Chairperson Deuel acknowledged the reception held last night for the City's advisory commissions and commented that he enjoyed the reception and noted the turnout was very good from the Housing Commission. HOUSING COMMISSION REVIEW OF CITY ORDINANCES The Community Development Specialist briefly reviewed the City Manager's memorandum regarding the Housing Commission review of ordinances and noted that the commission's specific charge was to review issues related to junk vehicles, collector cars and recreational vehicle storage. The memorandum also suggested that parking of vehicles in the rear yard and number of collector vehicles allowed in residential areas be reviewed by the commission as they review the items identified by the City Prosecutor and also generally review Chapters 19 and 12. The Community Development Specialist explained he had invited the City Building Official to the meeting this evening to review Chapters 12 and 19 with the Housing Commission. 04 -18 -00 -1- Commissioner Carmody inquired regarding the code enforcement tracking system the City Prosecutor had referenced in his presentation to the Housing Commission. The Building Official explained that the City of Brooklyn Center will be a test city for the code enforcement tracking system to be used in Brooklyn Center and other LOGIS cities. He estimated the program would be up and running within a few weeks and the program would be able to track code enforcement activity at specific addresses and also would keep a record of chronic code enforcement offenders at specific addresses. Commissioner Carmody inquired whether the new tracking system would speed up enforcement. The Building Official replied that the program should streamline the process to either resolve the code enforcement issue or to get to prosecution. He noted it depends on the violation and that the usual minimum time to get to the City Prosecutor is 10 days but it depends on the violation. Commissioner Carmody inquired whether there were additional structural things in the ordinance the Commission should be addressing. She noted Mr. Clelland brought up the issue of limiting the number of collector cars and she inquired if there were any other areas the Housing Commission should address. Commission members discussed parking requirements on improved surfaces with regard to the ordinance and the building official reviewed the existing parking requirements in the ordinance. The Building Official also reviewed Section 19 -103 paragraph 12 regarding the parking of commercial vehicles. He noted this has been a problem in the past and this ordinance provision has been used many times to enforce parking of commercial vehicles. In response to a question from commission members the Building Official noted that Section 12 -702 of City Code is used when orders are given for painting. He explained there is no percentage requirements for requiring painting of a structure and it is a judgement call on the part of the code enforcement officer. Commissioner Carmody requested the Building Official to address Section 12 -706 regarding fence maintenance. The Building Official explained that a six foot fence under the ordinance is not considered a structure but that a 12 foot fence is considered a structure and is regulated by the building code. A six foot high fence or less is not a building code item but if it is over six feet it is a structural issue under the building code. Commissioner Carmody commented on the City Prosecutors remarks on fences where he noted that it is difficult to regulate the aesthetic look of fences. The Building Official noted that some cities have a requirement that the "good side" of the fence must be placed on the outside of the property. Commissioner Yelich noted the Commission had been concerned about parking in the rear yards of residences. The Building Official noted it was his understanding that if vehicles are parked in the back yard they must be licensed. 04 -18-00 -2- i Commissioner Carmody stated she thought it would be difficult to regulate back yard parking. Commissioner Yelich also expressed a concern that as many as five to six vehicles may be parked on the sides of houses which could also affect neighborhood property values. Commissioner Yelich next addressed the issue of yard cover under Section 12 -711. He inquired if there is a requirement that yards must be able to absorb a certain amount of water and not have excessive runoff. The Building Official explained that drainage must be away from the house and not run on neighboring properties. He explained that on a single family lot runoff is typically not as much of a concern as it is with commercial or multi - family properties. • Commissioner Yelich requested the Building Official to review the 50 % guideline with regard to coverage of the lot by driveways. The Building Official noted that this provision is found in Chapter 19 Section 19 -103 paragraph 14 subparagraph a. The ordinance states that "authorized driveways and paved or graveled extensions thereof may not exceed 50% of the front yard or 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 35 -230 of the City Ordinance." The Commission next discussed the issue of collector vehicle storage and limitations. The Building Official reviewed Section 19 -1303 regarding parking and storage. He explained this section of the ordinance requires that licensed but inoperable pioneer, classic or collector vehicles may be stored on the owners property provided that they are screened from public view by means of a six foot opaque fence. Commissioner Carmody left the meeting at 8:15 p.m. Commission members continued to discuss the Housing Commission's review of code enforcement ordinances. It was determined that the Community Development Specialist would follow up on specific items and develop proposed ordinance language for commission review. The specific areas to be addressed included parking on improved surfaces and parking in rear and side yards. Additionally the Community Development Specialist would research ordinance language with regard to limiting the number of collector, pioneer or classic cars and also to address the issue of fences required to screen collector cars. The Commission had reached its time for adjournment and elected to defer items 7 and 8 on the agenda to the May meeting. ADJOURNMENT There was a motion by Commissioner Arm and seconded by Commissioner Snook to adjourn the meeting. The motion passed. The Brooklyn Center Housing Commission adjourned at 8:30 p.m.. Chairman 04 -18 -00 -3- MINUTES OF THE PROCEEDINGS OF THE HOUSING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND STATE OF MINNESOTA REGULAR SESSION May 16, 2000 CONFERENCE ROOM B CALL TO ORDER The Brooklyn Center Housing Commission was called to order by Chairperson Ernie Erickson at 7 p.m. ROLL CALL Chairperson Ernie Erickson, Commissioners Kathleen Carmody, Michael Von DeLinde, Mark Yelich, and Donald Arm. Also present were Community Development Specialist Tom Bublitz and City Council Liaison Bob Peppe. Commissioner Deuel was absent and excused and excused from the meeting. Commissioners Okoya -Lawal and Snook were absent and unexcused from the meeting. APPROVAL OF AGENDA There was a motion by Commissioner Arm and seconded by Commissioner Carmody to approve the agenda as submitted. The motion passed. APPROVAL OF MINUTES - April 18, 2000 There was a motion by Commissioner Carmody and seconded by Commissioner Arm to approve the minutes of the April 18, 2000 Housing Commission meeting as submitted. The motion passed. Chairperson Erickson thanked Vice Chairperson Deuel for his work in chairing the Housing Commission meeting in his absence. CHAIRPERSON'S REPORT Chairperson Erickson noted that Commissioner Deuel had contacted him regarding the absences of Commissioner Okoya -Lawal and in turn Chairperson Erickson stated he had contacted Commissioner Okoya -Lawal and learned that his job commitment and volunteering activities are taking a much larger share of his time and that he indicated he would have to resign. He added that he asked Commissioner Okoya -Lawal to contact the Mayor and staff liaison with regard to his formal resignation. HOUSING COMMISSION REVIEW OF CITY ORDINANCES The Community Development Specialist reviewed the ordinance sections which the Commission expressed an interest in reviewing, including parking requirements at single family residential homes, the issue of parking vehicles in rear yards, limiting the number of collector cars, parking 05 -16 -00 -1- J of commercial vehicles, fence maintenance, yard cover and coverage of lots by driveways. Commissioner Carmody brought up the issue of parking vehicles on the side of houses and inquired of the Commission whether or not this was a concern. The Community Development Specialist briefly reviewed the ordinance requirements regarding driveways and noted that driveways are not required to be improved but if vehicles are stored on a driveway expansion it would need to be improved. Commissioner Yelich stated that he sees a lot of examples of cars parking off driveways in side yards, front yards and other areas other than driveways. The Community Development Specialist briefly reviewed ordinance section 35 -711 Parking Lot Screening which specifies that all open off street parking areas having 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 devices as may be approved by the City Council. He noted the screening device may be required if there are more than six parking spaces on a residential lot. Commissioner Carmody stated she wanted to have the Commission consider the issue of requiring improved surfaces on driveways. Commissioner Erickson noted that he would add the requirement of improved surfaces for parking areas on the sides of houses. Commissioner Yelich noted that the city of Eagan has addressed the parking of RV's, sports vehicles, boats etc. by limiting the total number permitted on a property. He noted the Eagan ordinance would be important for the Commission to review. Commissioner Carmody again brought up the issue of reviewing the issue of requiring improved surfaces on areas visible from the street. There was a general Commission consensus to include this issue in the areas to be reviewed by the Commission. Additionally, the Commission agreed to review the issue of parking in rear yards and looking at the number of vehicles parked in the rear areas. In conclusion, the Community Development Specialist reviewed the code related items the commission members agreed to review: ► Requiring improved surfaces on driveways. ► Parking on side of house /garage. ► Improved surface on driveways, side of house and areas visible from street. ► Eagan ordinance relative to parking of RV's, sports vehicles, boats etc. ► Issue of parking vehicles in rear yards. ► Limit on number of collector cars as defined by state ordinance. ► Chapter 19 -102 paragraph 12 - parking of commercial vehicles. ► Chapter 12 -706 - fence maintenance. ► Chapter 12 -711 - yard cover. ► 50% guideline regarding coverage by driveway (Chapter 19 -103 paragraph 14 subparagraph 9). 05 -16 -00 -2- SENIOR HOUSING DISCUSSION The Community Development Specialist noted that Maxfield Research Incorporated will be publishing its Senior Housing Update in July 2000. He stated he would obtain a copy of this report and provide it to Commissioners when it became available. Commissioner Carmody stated it would be beneficial to know the types of seniors and their specific needs as they exist in the community. Commission members continued to discuss senior housing issues and discussed the possibility of doing a bus tour of senior housing facilities this fall. With regard to a general tour of the City, Chairperson Erickson suggested dispensing with the City tour this spring and looking at doing a bus tour of the City every other year. This would mean that the next Commission tour of the City would be in the spring of 2001. Commissioner Yelich suggested that City facilities including police and fire be included in the tour. There was a general Commission consensus to adjourn for summer recess and meet again in August or September. OTHER BUSINESS Commissioner Arm stated that he would be moving to Alexandria Minnesota at the end of the summer and as a result would have to resign from the Commission. Chairperson Erickson thanked Commissioner Don Arm for his dedicated service to the Commission. Commissioner Carmody suggested that the Commission might look at the size of the Commission and that it could possibly go down to a smaller number such as seven. She added the Commission may want to look at this in light of vacancies etc. Chairperson Erickson stated that he would like to see how many applications the Housing Commission receives in the next round before considering any changes. There was a motion by Commissioner Carmody and seconded by Commissioner Yelich to accept Commissioner Don Arm's resignation from the Housing Commission with regrets. The motion passed. ADJOURNMENT There was a motion by Commissioner Arm and seconded by Commissioner Yelich to adjourn the meeting. The motion passed. The Brooklyn Center Housing Commission adjourned at 8:35 p.m. Chairman 05 -16 -00 -3- I , MINUTES OF THE PROCEEDINGS OF THE HOUSING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND STATE OF MINNESOTA REGULAR SESSION SEPTEMBER 19, 2000 CONFERENCE ROOM B CALL TO ORDER The Brooklyn Center Housing Commission was called to order at 7 p.m. ROLL CALL Commissioners Martin Frawley, Shawn Taylor, Dennis Snook, Kathleen Carmody, Michael VonDeLinde, Mark Yelich, and Elizabeth Davis. Also present were City Council Liaison Bob Peppe and Community Development Specialist Tom Bublitz. Chairperson Ernie Erickson and Vice Chairperson Lloyd Deuel were absent and excused from the meeting. INTRODUCTION OF NEW COMMISSION MEMBERS The new commission members introduced themselves to the commission. Commissioner Frawley noted he had lived in the City of Brooklyn Center since 1998. Commissioner Davis stated she grew up in Brooklyn Park and left the area for a period of time and has now returned to the area. She noted she works for a government entity and is interested in the public service aspect of the Housing Commission. Commissioner Taylor explained he graduated from Brooklyn Center High School and is looking forward to working on the Housing Commission. APPROVAL OF AGENDA There was a motion by Commissioner Yelich and seconded by Commissioner Snook to approve the agenda as submitted. The motion passed. APPROVAL OF MINUTES - May 16, 2000 There was a motion by Commissioner VonDeLinde and seconded by Commissioner Taylor to approve the minutes of the May 16, 2000 Housing Commission meeting as submitted. The motion passed. CHAIRPERSONS REPORT Due to Chairpeson Erickson's absence there was no report from the Chair. At Chairperson Erickson's request, Commissioner Carmody chaired the meeting. i 09 -19 -00 -1- UPDATE ON COMMUNITY DEVELOPMENT ACTIVITIES The Community Development Specialist provided the following tY P P p update on development activities in the City. • Existing tenants are moving to new spaces in Brookdale Mall including Wilson Leather, Fanny Farmer and Whitehall Jewelers. Additionally, a new GAP store is under construction. • Motel Six is under construction and consists of 102 motel units at Xerxes and 65th Avenue North. • A new Brookpark Dental Clinic has begun excavation work at the 6400 block of Brooklyn Boulevard. ► Building number 2 at the Joslyn site is about to start earthwork. The first building was a Wickes Distribution Center and the second building is a 110,000 square foot office /warehouse building. ► The Hennepin County Government Center /Libra is expanding b approximately 60,000 Center/Library P g Y PP Y square feet and this project is under construction. ► In conclusion the Community Development Specialist noted that the EDA had sold a scattered site lot at 5900 Emerson Avenue for development of a single family rambler home similar to the ramblers constructed in the Bellvue Lane project. STAFF REPORT AND COMMISSION DISCUSSION REGARDING REVIEW OF CITY ORDINANCES Commissioner Carmody explained she had taken photos around the City showing examples of issues the Commission is examining with regard to parking, driveways etc. She explained she thought this was a good way to examine each of the issues the Commission will be addressing.. The Community Development Specialist distributed copies of ordinance sections from several cities which address the areas the Commission is reviewing with regard to their May 16, 2000 discussion of code items. The Community Development Specialist reviewed the background of the Commission's 'discussion noting the commission has been reviewing various code enforcement issues and information on an ongoing basis for several years. For the benefit of the new members, he explained the Commission met with the City Prosecutor several months ago and he reviewed issues relative to the existing City ordinance provisions with regard to parking, storage of vehicles and other code enforcement items addressed by Chapters 12 and 19. He then explained the Housing Commission reviewed Chapter 12 and 19 in their entirety and selected several code areas to review which were summarized in the May 16, 2000 minutes as follows: Requiring improved surfaces on dirvewa q g s. P Y ► Parking on side of house /garage. ► Improved surface on driveways, side of house and areas visible from street. ► Eagan Ordinance relative to parking of RV's, sports vehicles, boats etc. ► Issue of parking vehicles in rear yards. 09 -19 -00 -2- ► Limit on number of collector cars as defined by State statute. ► Chapter 19 -103 paragraph 12 - parking of commercial vehicles. ► Chapter 12 -706 - fence maintenance. ► Chapter 12 -711 - yard cover. ► 50% guideline regarding coverage by dirveway (Chapter 19 -103 paragraph 14 subparagraph a). Commissioner Carmody next reviewed her photos in more detail which addressed the code issues the Commission is reviewing. The Community Development Specialist briefly reviewed the ordinance sections from other cities and explained he would prepare a summary of the ordinance provisions from the cities surveyed for the next meeting so that the Commission could compare the City of Brooklyn Center's provisions with the cities surveyed: SENIOR HOUSING DISCUSSION The Community Development Specialist summarized the commission's previous consideration of senior housing. He noted this item was brought to the commission by staff in light of the anticipated increase in the need for senior rental housing by the year 2010 when large numbers of "baby boomers" will likely be looking for affordable rental housing. He explained the Commission has been reviewing information related to senior housing and has discussed touring senior buildings in other communities to gather information in assist them in examining what options would be best suited for Brooklyn Center's needs. Commissioner Carmody noted that one of the important issues is what type of senior housing is needed and where space is available to construct senior housing in the city. Commissioner Frawley inquired if the Commission is to come up with a specific recommendation with regarding to senior housing. In response to Commissioner Frawley's question, the Community Development Specialist explained, in his estimation the Housing Commission's role is to research what type of senior housing is available including researching what is available or being considered in other cities and what will be the needs of the Brooklyn Center population and then report the information. He explained it is too early to address a specific role for the City with regard to senior housing. Councilmember Peppe pointed out that senior housing is being considered in conjunction with commercial uses for the City owned property at 69th and Brooklyn Boulevard. Commission members briefly discussed the report title Senior Housing Market Update 2000. Commissioner Frawley inquired when the report was prepared. The Community Development Specialist explained the Maxfield report was done in July of this year. 09 -19 -00 -3- The Community Development Specialist explained the Maxfield Research organization is one of the primary research firms used by private and public sector organizations for market data including housing market data. He added that if the Commission thought it was useful he could contact the author of the report and invite him to the November Housing Commission to discuss senior housing with the Commission. There was a general consensus of commission members to invite Mr. Rick Fenske author of the senior housing report published by Maxfield, to the November Housing Commission meeting. Commissioner Carmody requested staff to contact the City of Robbinsdale to find out how much senior housing they have, how it was constructed and how it was financed. Commissioner Yelich commented that many seniors want to remain in their homes as long as they can and suggested that it is important to look at options of assisting persons who choose to' stay in their homes. Commissioner Yelich also recommended the Commission review the option of converting existing apartment buildings to senior housing. OTHER BUSINESS Commissioner Snook noted he had talked to the Community Development Specialist about the apartment ordinance in Minneapolis regarding trespassing. He explained the Minneapolis program, which is called the SAFE program, allows City of Minneapolis police to enter private property to- enforce a no trespassing ordinance if the owner of the property signs an affidavit and posts a no trespassing sign. Commissioner Snook pointed out that the no tresspassing sign in a window gives permission to the police to arrest if an individual is trespassing on the property. The Commission requested the Community Development Specialist to contact the City of Minneapolis regarding how the ordinance works in the City. Commissioner Snook briefly relayed his personal experience as a property owner in Minneapolis who has participated in the SAFE program. ADJOURNMENT There was a motion by Commissioner Davis and seconded by Commissioner Frawley to adjourn the meeting. The motion passed. The Brooklyn Center Housing Commission adjourned at 8:30 p.m. Chairman 09 -19 -00 -4- AMENDED MINUTES OF THE PROCEEDINGS OF THE HOUSING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND STATE OF MINNESOTA REGULAR SESSION OCTOBER 17, 2000 CONFERENCE ROOM B CALL TO ORDER The Brooklyn Center Housing Commission was called to order at 7 p.m. ROLL CALL Chairperson Ernie Erickson, Commissioners Shawn Taylor, Dennis Snook, Lloyd Deuel, Michael VonDeLinde, Mark Yelich, and Elizabeth Davis. Also present was Community Development Specialist Tom Bublitz. Commissioners Martin Frawley and Kathleen Carmody were absent and excused from the meeting. Council Liaison Bob Peppe was out of town this evening and was absent from the meeting. APPROVAL OF AGENDA There was a motion by Commissioner Deuel and seconded by Commissioner Taylor to approve the agenda as submitted. The motion passed. APPROVAL OF MINUTES - September 19, 2000 There was a motion by Commissioner Davis and seconded by Commissioner Yelich to approve the minutes of the September 19, 2000 Housing Commission meeting as submitted. The motion passed. CHAIRPERSON'S REPORT Chairperson Erickson explained that, due to a flight delay, he was stranded in Seattle at the time of the last Housing Commission meeting and was unable to make the meeting. Chairperson Erickson then welcomed the new commission members. STAFF REPORT AND COMMISSION DISCUSSION REGARDING REVIEW OF CITY ORDINANCES The Community Development Specialist distributed a handout to commission members summarizing the various ordinance provisions of the various cities surveyed regarding those areas the commission was reviewing. For the benefit of new commission members Chairperson Erickson reviewed and summarized a meeting of the Housing Commission at which the City Prosecutor reviewed the code enforcement process through initial compliance order through final 10 -17 -00 -1- court proceedings. He noted the City Attorney had brought up the issue of collector cars to the commission based on an issue in the City where one individual has approximately 23 collector cars stored in his backyard. He noted that the City Attorney, at the meeting, explained that this is permitted under the current city code. Commissioner Snook arrived at 8:10 p.m. Chairperson Erickson pointed out that technically, the individual keeping the 23 collector cars is in compliance with the ordinance but the condition of the vehicles and the fact they are in his back yard is an issue that the City Prosecutor recommended the Housing Commission consider. Commissioner Deuel commented on the photographs prepared by Commissioner Carmody and presented at the last meeting Housing Commission meeting, noting that even the appearance of many areas that are in compliance with the ordinance detract from the neighborhood. Chairperson Erickson passed Commissioner Carmody's photos around to commission members and thanked Commissioner Carmody for preparing the photographs for the commission. Commissioner Yelich noted that there appears to be a number of communities requiring hard surface driveways. He commented that the City's current street improvement program adds to the neighborhoods of the City and he believes an ordinance requiring hard surface driveways would also add to the neighborhoods in a positive way. He added he would like to see the City move towards requiring hard surface driveways. Chairperson Erickson commented that, before we recommend a hard surface driveway policy we should sound out the Council with regard to how they would view this. The Community Development Specialist noted that a study was done sometime in the 80's with regard to an investigation into whether or not it would be advisable to require hard surface driveways. He noted he recalled that a survey had been done of the number of hard surface versus non-surfaced driveways in the City. He pointed out he would try to pull that data together for the next Housing Commission meeting. Commissioner Davis inquired as to the approximate cost of paved driveways. Chairperson Erickson commented that an asphalt driveway, which should last for approximately 20 years would cost between $2,000 to $2,500 for the average home. He noted that a concrete driveway which should last 30 years would be approximately 75 % more in cost than asphalt. Commissioner Deuel commented that he thinks there is enough basis to follow up on this issue related to driveways. Chairperson Erickson addressed the next issue which was parking on the side of the house and garage and the issue of requiring improved surfaces in this area. 10 -17 -00 -2- Commission Yelich stated he would like to see all licensed vehicles parked on hard surfaced driveways. He referred to Commissioner Carmody's photos as support for this policy. Chairperson Erickson noted this item may cause the most reaction from residents and advised the Commission that they need to be aware of this if this is a recommendation. Commissioner Davis agreed and stated there is a fine line between the public good and an intrusion on individual rights. Commissioner VonDeLinde noted Fridley's ordinance requires compliance by the year 2002. Commissioner Yelich stated he would support this type of approach or even a longer term of between 10 - 15 years, carried out in conjunction with the City's street improvement projects. Chairperson Erickson stated it would be interesting to determine how many rental properties are listed in the photos assembled by Commissioner Carmody. Commissioner Snook replied he believes the number of single family rental properties would be declining since in his opinion, after one year it is difficult to make money on renting of single family homes and duplexes. Chairperson Erickson inquired whether there were any additional comments on the issue of parking on the side of the house and garage. Hearing none, he continued with the next item which was limiting the number of collector cars. Commissioner Yelich stated he believes it would be difficult to put a limit on the number of collector cars and he believed this is more intrusive than if the City requires parking on paved surfaces. He stated he believes the approach to limiting the number of collector cars should be approached from a paved surface requirement. Chairperson Erickson stated he agreed with Commissioner Yelich and noted that there does not appear to be much of a model to follow from other cities regarding this issue. Chairperson Erickson moved on to the next item which was the parking of commercial vehicles. Chairperson Erickson noted that the issue of parking of commercial vehicles has also brought out opposition from residents in the past with regard to ordinance changes. The commissioners reviewed the survey on this section and Commissioner Yelich commented that he thinks the current ordinance seems adequate and that he does not have enough information on the level of enforcement. The Community Development Specialist noted that this particular ordinance is enforced by the City. Chairperson Erickson next reviewed the fence maintenance item. He stated he thinks the Commission can improve this area of the ordinance particularly with regard to materials. Commissioner Deuel agreed. 10 -17 -00 -3- Commissioner VonDeLinde referred to the City of Blaine's ordinance and noted this ordinance seems the most detailed of all the cities surveyed. Chairperson Erickson next addressed the issue of yard cover. Commissioner Yelich thought this area would be difficult to deal with particularly with regard to the new variety of plantings that some people could use in their yards. Commissioner Davis agreed and stated that it would be best to see a pleasant front yard but it would be difficult to be too specific in terms of the type of the plant materials used. Commissioner Yelich stated he is concerned more with trash and garbage accumulating in yards rather than yard cover. There was a commission consensus to review the yard cover issue. Chairperson Erickson next addressed the issue of the 50 %guideline regarding coverage by driveways. Chairperson Erickson commented that there seems to be a concern regarding whether or not the 50% coverage with a driveway is too great. Commissioner Yelich commented that the only areas he saw where this is a problem was on Brooklyn Boulevard. Commissioner Yelich inquired whether the 50% guideline is interpreted on a lineal or square footage basis. The Community Development Specialist noted he would report on the interpretation of the 50 % guideline for driveway coverage at the next meeting. In review of the Commissions discussion of ordinance provisions, the following is a summary of commission consensus. Ordinance Provision Further Commission Review Requiring improved surfaces on driveways Yes Parking on side of house /garage, improved surface Yes requirements on side of house and areas visible from street and issue of parking vehicles in rear yards Limit on number of collector cars as defined by state No - but link to requiring ordinance parking on hard surface driveway Parking of commercial vehicles No Fence maintenance Yes Yard cover Yes 50 % ideline regarding coverage b driveway Pending further information � g g g Y Y g from staff 10 -17 -00 -4- OTHER BUSINESS Commissioner Yelich inquired whether or not staff is going to arrange for a speaker on senior housing. The Community Development Specialist replied that he would recommend devoting an entire meeting to a speaker and to wait until the ordinance discussion is completed. Commissioner members also requested staff information on the status of the 69th and Brooklyn Boulevard project. ADJOURNMENT There was a motion by Commissioner Deuel and seconded by Commissioner Snook to adjourn the meeting. The motion passed. The Brooklyn Center Housing Commission adjourned at 8:55 p.m. Chairman 10 -17 -00 -5- I MINUTES OF THE PROCEEDINGS OF THE HOUSING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND STATE OF MINNESOTA REGULAR SESSION DECEMBER 19, 2000 CONFERENCE ROOM B CALL TO ORDER The Brooklyn Center Housing Commission was called to order by Chairperson Erickson at 7 p.m. ROLL CALL Chairperson Ernie Erickson, Commissioners Shawn Taylor, Dennis Snook, Lloyd Deuel, Kathleen Carmody, and Mark Yelich. Also present were Council Liaison Bob Peppe, and Community Development Specialist Tom Bublitz. Commissioners Martin Frawley and Elizabeth Davis and Michael VonDeLinde were absent and excused from the meeting. APPROVAL OF AGENDA There was a motion by Commissioner Deuel and seconded by Commissioner Yelich to approve the agenda as submitted. The motion passed. APPROVAL OF MINUTES - November 21, 2000 There was a motion by Commissioner Yelich and seconded by Commissioner Carmody to approve the November 21, 2000 Housing Commission minutes as submitted. The motion passed. CHAIRPERSON'S REPORT Chairperson Erickson noted that the Mayor had sent him a letter regarding reappointment of Commission Members whose terms expire at the end of 2000. He ' noted the Commissioners included Kathleen Carmody, Frawley and himself. Y� Y Commissioner Carmody stated that she would be willing to be reappointed to an additional term. Chairperson Erickson noted that he would contact Commissioner Frawley regarding appointment to an additional term. REVIEW AND DISCUSSION OF CITY ORDINANCES The C um from May 1991 titled Community Development Specialist reviewed a memorandum y p 12 -19-00 -1- Controlling Driveway Widths and Paving in Front Y Abutting $ y g o t ards and Yards Ab g a Public Street. He explained that the 50% limit on paving of front yards was enacted at the time Ordinance 19 -103 (Public Nuisances) was amended in 1988. He noted the 50% limit was enacted to prevent an entire yard from being paved. The Community Development Specialist explained, that even with the 50 % limitation on paving, there were still problems with the ordinance. One specific problem occurred on Brooklyn Boulevard where one single family homeowner elected to create a parking area in the front yard adjacent to the driveway. The individual essentially carved out a semi circle adjacent to the driveway and in the front yard and did not provide any surface for parking on this area. The individual was subsequently prosecuted for parking on an inadequate surface but then brought the area up to a minimal standard with regard to surface material. Even though the individual minimally complied with the ordinance, the parking area created an undesirable situation with regard to vehicle parking in residential neighborhoods. The issue with regard to parking areas created by the individual on Brooklyn Boulevard prompted the 1991 discussion contained in the May 13, 1991 memorandum and proposed the ordinance language contained in the 1991 discussion and which is included in the Housing Commission's agenda packet. Essentially, the ordinance language proposed in the draft ordinance submitted in 1991 would delete the provision that allows authorized driveways and paved or graveled extensions of these driveways to be up to 50% of the front yard or yard area abutting a public street and substitute it with a requirement that paved or gravel expansions of authorized driveways would be limited to 12 feet for parking or turnaround areas. The ordinance language would also require that driveways be hard surface such as concrete or asphalt. Ultimately, the proposed ordinance discussed in 1991 was not adopted by the City Council. The Community Development Specialist briefly reviewed Fridley's ordinance and program requiring paving of driveways by the year 2002. He noted the ordinance was enacted in 1997 and that at that time there were approximately 430 unpaved driveways in the City. Fridley staff had informed him that presently there are approximately 70 unpaved driveways in the City. He also noted that the Fridley program allowed homeowners to take advantage of the City's street improvement project and have their driveways paved as part of the street project. In the Fridley program homeowners were given a unit price for installing a driveway and could elect to have the cost of the paving assessed on their tax bill. The Community Development Specialist next reviewed the survey data from a 1991 survey of driveways throughout the City. He noted that the 1991 survey showed 258 total unimproved driveways in the City with a majority of unpaved driveways occurring in the southeast neighborhood at 132. Additionally, there was a rental property survey done at the same time which showed 22 unimproved driveways in the City for rental property. Commissioner Carmody commented that if only a small percentage of driveways are not paved a 12 -19 -00 -2- case could be made that the standard in the City is a paved driveway. Commissioner Carmody also inquired as to the cost of paving a typical driveway. The Community Development Specialist stated that he would obtain figures from the Engineering Department with regard to a cost estimate for paving driveways and have it available at the January meeting. Commissioner Yelich commented that, based on the Council discussion of the ordinance, it seemed to have support of staff and Council. He inquired as to why the ordinance was never discussed further or acted upon. Council Liaison Peppe commented that at the time, the Council may have had other issues that were larger problems and they wanted to address those items first. He noted that if the Housing Commission wants to move the issue forward they should look at what the problem is today. He commented that with the implementation of the street improvement program, there will likely be a change in attitude with regard to improving properties noting that real estate prices have increased significantly and the City's successful street improvement project may have some influence on how people view the value of improvements. Commission Carmody stated that she thinks there is a new standard now as opposed to when the southeast neighborhood initially rejected the first street improvement project. Commissioner Yelich stated that he believes the Commission should review the 1991 proposed' ordinance amendment and take the language up again when they meet with Ron Warren at the January meeting. Commissioner Carmody stated that she did not believe any communication with the neighborhoods should go through the planning advisory groups but that information meetings could be held on any ordinance changes proposed like the City does for street improvement projects. Council Liaison Peppe stated that he believes Commissioner Yelich has suggested a good approach and that he believes we need to educate ourselves and eventually discuss the issue with neighborhoods. Chairperson Erickson inquired if it would be advisable to concentrate on a specific neighborhood. Commissioner Carmody suggested that the Commission determine where and when the street improvement meetings for projects this summer will be held and determine whether or not the Commission could potentially piggyback with these meetings. 12 -19 -00 -3- Commissioner Yelich inquired that, with regard to the proposed ordinance in 1991, would there be a limit on the number of entrances, meaning a limit on the number of curb cuts. He noted the New Hope City Ordinance only allows one driveway per residence. Also, in the 1991 minutes, he noted that there was a reference to a discussion by the Council of the term "well compacted gravel". He noted there was a discussion with regard to what this means and he noted that personally he would like to require a hard surface and not "well compacted gravel". The Commission continued a brief review of other items to be addressed in their ordinance discussion including the issue of collector cars, fence maintenance and yard cover. The Community Development Specialist noted that he would try to put together a report which outlined the Commission's directions to date with regard to their ordinance discussion. OTHER BUSINESS As followup to an inquiry made at the last Commission meeting, the Community Development Specialist briefly reviewed the grant received by the City from the Metropolitan Council with regard to a planning study. He noted that the area to be addressed would be the area roughly bounded by a triangle area with Brooklyn Boulevard, I694 and Highway 100 as the boundaries. He noted that it was his understanding the study would analyze the geographic area previously described and determine what opportunities there might be for growth and development. He noted he would keep the Commission informed of the progress of the study as it proceeded. Commissioner Deue1 inquired as to the status of the Brookdale project. Council Liaison Peppe noted that the City Council will be holding a meeting on December 21 to discuss changes in the Development Agreement with the City and Brookdale's owners. ADJOURNMENT There was a motion by Commissioner Carmody and seconded by Commissioner Deuel to adjourn the meeting. The motion passed. The Brooklyn Center Housing Commission adjourned at 8:30 p.m. Chairman 12 -19 -00 -4- MINUTES OF THE PROCEEDINGS OF THE HOUSING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND STATE OF MINNESOTA REGULAR SESSION JANUARY 16, 2001 CONFERENCE ROOM B CALL TO ORDER The Brooklyn Center Housing Commission was called to order by Chairperson Erickson at 7 p.m. ROLL CALL Chairperson Ernie Erickson, Commissioners Martin Frawley, Dennis Snook, Lloyd Deuel, Michael VonDeLinde, Mark Yelich and Elizabeth Davis. Also present were Council Liaison Ed Nelson, Planning and Zoning Specialist Ron Warren and Community Development Specialist Tom Bublitz. Commissioners Kathleen Carmody and Shawn Taylor were absent and excused from the meeting. APPROVAL OF AGENDA There was a motion by Commissioner Deuel and seconded by Commissioner Yelich to approve the agenda as submitted. The motion passed. APPROVAL OF MINUTES - DECEMBER 19, 2000 There was a motion by Commissioner Deuel and seconded by Commissioner Yelich to approve the December 19, 2000 Housing Commission minutes as submitted. The motion passed. CHAIRPERSON'S REPORT Chairperson Erickson noted he had received confirmation of his reappointment to the Commission for a three year term along with Commissioners Kathleen Carmody and Martin Frawley who were also reappointed for three year terms. ANNUAL ELECTION OF CHAIRPERON AND APPOINTMENT OF VICE CHAIR Chairperson Erickson turned the meeting over to Vice Chairperson Lloyd Deuel to conduct the annual election of Chair of the Commission pursuant to Council Resolution 98 -13. Commissioner Deuel entertained nominations for Chair of the Housing Commission. Commissioner Yelich nominated Chairperson Ernie Erickson for Chair of the Commission in 2001. Vice Chairperson Deuel asked for any other nominations from the floor, hearing none, he 01 -16 -01 -1- entertained a unanimous ballot for Chairperson Ernie Erickson to serve as Chair of the Housing Commission for 2001. Upon a vote being taken, the Housing approved a unanimous ballot to re- elect Chairperson Ernie Erickson as Chair of the Housing Commission for 2001. Chairperson Erickson stated he appreciated the opportunity to serve another'year as Chair of the Housing Commission and noted that next year he thought the Commission should consider another Chair. Chairperson Erickson proceeded to appoint Lloyd Deuel as Vice Chair noting that tradition has been that the most senior member is generally appointed as the Vice Chair. Commissioner Deuel accepted the position of Vice Chair and also suggested that the Commission might want to look at someone else for serving as Vice Chair next year. Commissioner Snook arrived at 7:10 p.m. REVIEW AND DISCUSSION OF CITY ORDINANCES The Community Development Specialist briefly reviewed a table he had prepared for the Commission which contained a count of unimproved driveways taken in the various street improvement projects conducted in the City between 1995 and 2000. He noted that the Engineering staff makes a total count of homes in the various project areas and the number of unimproved driveways in each project area at the beginning of the street improvement project contract. From _1995 through the year 2000, a total of 1,891 homes were included in project areas and the total count of unimproved driveways in those project areas totaled 37 or 2 % of the total homes. He then briefly reviewed the 1991 pavement survey which showed a total of 258 unimproved driveways for residential properties in the City in 1991. Commission Yelich inquired if there was any support at the staff or Council level regarding the proposed ordinance language requiring paved driveways and first discussed in 1991. Ron Warren, the City's Planning and Zoning Specialist explained that the 1991 report and draft ordinance stems from a 1988 discussion where nuisance parking situations were discussed by the City Council. He explained slides of unimproved driveways and counts of unimproved driveways were taken in 1991 and compiled in the survey which the Housing Commission reviewed. He pointed out that at the time the Council's main concern was with the area from the street to the front of the house and that a main concern at the time was how the property was maintained. Mr. Warren pointed out that in addition to focusing on parking in the front yard areas, the concerns originating in 1988 focused on parking of large commercial vehicles and most of the discussion centered on parking of these types of vehicles. At the time the Council's concern did not focus on recreational vehicles even though some were as large as the commercial vehicles being discussed, but RVs were considered more of a residential accessory and commercial vehicles were considered to be part of a business activity. Continuing his review of the 1991 discussion, Mr. Warren pointed out that City ordinance does not require garages in residential areas_ and only requires that two off - street spaces for parking be provided. Also as part of the 1991 discussion, the City discussed how to define a driveway and it was essentially defined as the width of the garage, if any, on the site. He explained many front yard areas were being 01 -16 -01 -2- expanded for parking without concern for appearance and that this prompted the Council's concern and discussion with regard to paving requirements or restrictions. He explained the Council never took formal action on the proposed ordinance language drafted in 1991 and that the issue has not been raised again until the Housing Commission's current discussion. Commissioner Snook called the Commissioner's attention to the City of Blaine's ordinance which requires paved driveways and pointed out that the City of Blaine's ordinance is worded very specifically and may be one that the City of Brooklyn Center should look at. The Community Development Specialist pointed out that the specificity in the City of Blaine's ordinance may require that a permit be pulled for a driveway. Commission members entered into a discussion regarding the permitting process in general and costs and fees associated with this process. Chairperson Erickson pointed out that building permit fees are technically designed to cover the cost of the inspection for the work being done but that in many cities, Inspection Departments and building permit fees are sources of revenue for other expenditures in cities. Commissioner Yelich stated that he believes Brooklyn Center should meet the standard of surrounding cities with regard to paving of driveways and noted that the issue of an excessive number of cars being parked all over parts of residential properties could be addressed by requiring parking on paved surfaces. Commission members briefly discussed the issue of sand washing into storm sewers from unimproved parking areas. The Planning and Zoning Specialist commented that increasing the impervious area by paving would contribute to the rate of total run off from residential lots. He explained he had discussed this issue with the City Engineer who indicated that, from an engineering standpoint, it would not be advisable to encourage needless paving of areas especially since the majority of soils in Brooklyn Center provide excellent drainage. Further, he noted the City Engineer has indicated it would be advisable to have a limit on the total paved surfaces on a residential lot and that the current 50 % rule is a limit on paving, noting that paving has its positive and negative sides. The Planning and Zoning Specialist explained that, currently people can park vehicles in their back yards but inoperable collector vehicles must be screened from view. He noted people may elect to pave their entire back yard to enable them to park vehicles if parking is restricted on hard surface only. He suggested that the Housing Commission should consider all the implications if paving is used to limit the number of vehicles and that perhaps it would be more advisable to come up with a reasonable limit on the total number of vehicles on a residential lot. He added that currently residents do not need paved driveways but the present rule of thumb is that if driveways are to be paved the driveway is to be the same width as that of the garage if there is a garage on he lot. He added that extensions of driveways must be improved with either asphalt, concrete or gravel. Commissioner Deuel commented that car parking is often a temporary situation depending on the family size and age of family members. He commented that one option might be to require residents to install a decent driveway with a time limit established to install the driveway. 01 -16 -01 -3- Commissioner Snook inquired whether the Commission should recommend the level of specific ordinance language such as that which is in the Blaine ordinance. The Planning and Zoning Specialist discussed the 1991 proposed ordinance language and stated he believes the ordinance amendments should address arkin in visible front and areas and P g Y should allow people to park boats, accessory vehicles etc. in rear or side yards. Chairperson Erickson next addressed the issue of revising the language with regard to fencing requirements. He noted that one of the areas the Commission wanted to address is to require approved fencing materials to be used as fencing rather than items not intended for fences. He also referred to Blaine's ordinance as a possible model. The Planning and Zoning Specialist noted he had reviewed the language in the Blaine ordinance and that it is similar to some of the language in the City's ordinance. He added that he believes the City could use Blaine's ordinance and incorporate some items from it into our ordinance. He noted that as ordinances become more complex in their language more staff time is required to enforce them and ultimately the possibility of requiring a permit must be addressed. Chairperson Erickson next addressed the issue of yard cover as it relates to the Commission's review of City ordinances. The Planning and Zoning Specialist commented that these types of ordinances are tough to write and tough to enforce and the current code specifies that yard cover or lawns are considered a public nuisance if they are over 8 inches long. He also pointed out that he believes many homes in the City have been improved, with regard to their lawns, as a result of the street improvement projects. Chairperson Erickson, in review of the Commission's discussion this evening, inquired whether the Commission would like to go forward with recommending that driveways be paved. Commissioner Davis, stated that she was hesitant to mandate the paving of driveways and is concerned that affordability may be an issue with homeowners who have not yet paved their driveways. Commissioner Frawley noted that it appears the numbers of unimproved driveways are relatively low, that aesthetically paved driveways would be a great improvement, but indicated that requiring paving of driveways may be a problem for some homeowners. Commissioner Deuel stated that he believes requiring paved driveways is in the same category as code enforcement requiring certain home repairs required under the maintenance code. Chairperson Erickson noted the lateness of the hour and inquired whether the Commission would like to continue the discussion at the next meeting. Commissioner Yelich stated that he would like to have some type of draft ordinance to review. 01 -16 -01 -4- I The Community Development Specialist inquired whether the Commission wants to look at specific language or to make recommendations with regard to general areas of revision to the code. Chairperson Erickson stated that he does not believe submitting a specific draft ordinance is advisable at this point and that the recommendation should be kept more general. There was a general consensus of the Commission to continue the discussion at the February meeting. OTHER BUSINESS Chairperson Erickson reminded Commission members of the Commission recognition function which is to be held Monday, April 16 at 6 p.m. in Constitution Hall. Council Liaison Nelson noted that the Center City Redevelopment Study is just getting underway and also noted that an Affordable Housing Study had been completed by the Metropolitan Council. The Community Development Specialist noted that he would bring a copy of the Affordable Housing Study to the next meeting. ADJOURNMENT There was a motion by Commissioner Deuel and seconded by Commissioner Snook to adjourn the meeting. The motion passed. The Brooklyn Center Housing Commission adjourned at 8:45 p.m. Chairman 01 -16 -01 -5- MINUTES OF THE PROCEEDINGS OF THE HOUSING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND STATE OF MINNESOTA REGULAR SESSION MARCH 20, 2001 CONFERENCE ROOM B CALL TO ORDER The Brooklyn Center Housing Commission was called to order by Chairperson Erickson at 7 p.m. ROLL CALL Chairperson Ernie Erickson, Commissioners Martin Frawley, Dennis Snook, Lloyd Deuel, Kathleen Carmody, Michael VonDeLinde, and Mark Yelich. Also present were Council Liaison Ed Nelson, and Community Development Specialist Tom Bublitz. Commissioners Shawn Taylor and Elizabeth Davis were absent and excused from the meeting. APPROVAL OF AGENDA There was a motion by Commissioner Deuel and seconded by Commissioner Snook to approve the agenda as submitted. The motion passed. APPROVAL OF MINUTES - February 20, 2001 Chairperson Erickson noted consideration of the minutes for the February meeting would be deferred until the April Housing Commission meeting. CHAIRPERSONS REPORT Chairperson Erickson explained he had recently attended a City Council Work Session with other Commission Chairs and noted that this has become an annual meeting. He explained the major item of discussion at this meeting was the annual recognition meeting for commission volunteers to be held on Monday, April 16 at 7 p.m. in Constitution Hall. He noted there will be a light buffet served at this meeting and two of the Housing Commission's former members will be honored at the meeting, Don Arm and Muhammed Okoya - Lawal. Chairperson Erickson also noted that, in addition to discussing the annual recognition meeting, the various commission chairs brought the City Council up to date on various projects their commissions were working on. The City Council also shared information with Commission chairs and noted that the police department will be moving to 12 hour shifts in the patrol division in an effort to lower over time costs and absenteeism. The Chair also noted Council information commission members that the City now has only one liquor store located in the strip center next to Cub and explained that the Northbrook store will be closed due to a problem with obtaining an extended lease. 03 -20 -01 -1- , Chairperson Erickson informed Commission members that at the City Council Work Session with Commission Chairs, the City Manager discussed the Metropolitan Council initiative to purchase 10 homes in Brooklyn Center to provide affordable housing. He noted the Housing Commission may be reviewing this issue in the future. The Commission discussed the issue of affordable housing and the issue of the Holman lawsuit and settlement which relates to the Metropolitan Councils initiative for affordable housing in suburban areas. Councilmember Nelson also informed commission members that the Smart Growth study being done in conjunction with the Metropolitan Council and a consultant will also be starting. Commissioner Yelich commented that he would like to see the Housing Commission have some role in the study being done in conjunction with the Metropolitan Council. DISCUSSION OF MEMORANDUM REGARDING SUMMARY OF HOUSING COMMISSION REVIEW OF CHAPTERS 12 AND 19 Chairperson Erickson noted he and the Community Development Specialist had met to summarize the Housing Commission's discussion regarding potential ordinance changes. He noted at the February meeting the Commission did not seem to have a clear direction or consensus on any changes to the ordinances. He also commented on the meeting at which Ron Warren, the City's Planning and Zoning Specialist, attended and noted Mr. Warren's comments emphasizing, if you change one thing in an ordinance it may put another area out of balance. He noted this is one of the frustrations in amending ordinances since it is not as easy as it appears. Commissioner Carmody suggested that the Commission could finalize its work in April then forward their recommendation to the City Council to have it back from the Council by May with directives to the Housing Commission. To start the discussion, Chairperson Erickson stated it appears that there is some consensus for requiring paved driveways for residential properties. He noted there appears to be less consensus on some items including collector cars and that there appears to be a more definite consensus on amending the ordinance with regard to fences. After a brief discussion and at the suggestion of Commissioner Yelich, the Commission elected to take each ordinance issue and reach a decision, the first issue being the issue of paved driveways for residential properties. Commissioner Deuel commented that he believes gravel driveways should not be allowed and the discussion should focus on when an ordinance requiring paving should take effect. Chairperson Erickson referred commission members to Mr. Warren's 1991 memorandum and draft ordinance and observed that from 1991 to date, the data from the street improvement projects show more drives are paved than 10 years ago. Commissioner Carmody stated that she believes many properties are not having their drives paved even with the street improvement projects and that she does not think the paving of residential lots will get done even with options for paving drives in connection with the street improvement projects. 03 -20 -01 -2- Chairperson Erickson inquired of commission members whether or not the Housing Commission should recommend that the City should provide financing or contractor referrals for paving driveways. After discussion, there was a consensus that financing options for home owners would be helpful but requiring financing or having the City find contractors should not be part of the ordinance. Commissioner Yelich stated that there are numerous issues with regard to driveway paving including the size of driveways, whether permits should be required, financial aid, types of materials for drives etc. He suggested that the commission should take each individual aspect of the driveway paving issue separately and discuss it and come to a consensus. After brief discussion, the commission agreed with Commission Yelich's suggestion to address each issue . of the driveway paving requirement separately. There was a general consensus among commission members to require that driveways oon one and two family residential lots be paved. The first specific issue addressed by the Commission was the type of materials to be used. The commission consensus was that the ordinance should specify the driveway should be a solid surface with materials used either asphalt, concrete or brick. The next issue addressed by the commission was the allowable size of the paved driveway area. Commissioners commented that they would like to receive input from the Engineering department with regard to issues such as runoff from paved areas. The commission discussed this issue and reached a consensus that the existing policy of paving no more than 50% of the front yard should still be the maximum paved area. The commission also reached a consensus that households should not be required to pave parking areas on the side lot areas next to the house or garage or backyard areas but if these areas of the yard are paved the paving should be limited to an amount to be determined by the city's Engineering department, taking into account water runoff issues etc. Commissioner Yelich inquired of the commission whether vehicles should be required to park on hard surfaces. Commissioner Carmody stated she was opposed to requiring this because she believes it will be more damaging in the long term than the short term positive effects. Commissioner Yelich suggested that, based on Engineering input, a maximum limit on the amount of hard surface paving should be established. Commissioner Carmody stated she would like to limit the number of cars and use the . ercenta a requirements for a limit on paving. P g q P g Commissioner Yelich suggested that the commission should also address the issue of how many curb cuts can be allowed per lot. Commissioner Carmody stated that she believes the number of curb cuts should be limited to two and noted there are some existing situations in the city where there are two curb cuts now. The commission continued a brief discussion on curb cuts and Chairperson Erickson noted there appears to be a consensus that the second curb cut should be limited to 12 feet in width. The next issue addressed by the commission was the issue of whether or not any financial incentives should be implemented to assist property owners with paving their driveways. After discussion, the consensus of the commission was to not include this as a recommendation. 03 -20 -01 -3- I The next issued discussed by the commission was whether or not permits should be required for driveway installation. The commission questioned whether or not there would need to be a determination by city staff with regard to the percentage of the lot paved. It was noted that currently there is no building permit requirement for installation of driveways and the consensus was that the ordinance should specify the amount of paved area but no building permit should be required. The next issued addressed by the commission was the timing of the paving ordinance. The general consensus of the commission was that the driveways should be paved within three years from the date of ordinance enactment. Commissioner Frawley suggested that the commission might want to look at language which would provide an option for those properties which will be undergoing street improvements to have a longer period of time to install their driveways based on tying it to their particular street improvement project time line. Commissioner Carmody expressed concern that if we allow paving of driveways to be tied to street improvements the street projects could extend out another 10+ years so that driveways would not be paved for this period of time. After continued discussion, there was a commission consensus that the time line for requiring paved driveways should be three years for paving driveways excluding the boulevard /apron areas which would be addressed by a future street improvement project. Councilmember Nelson suggested that the Housing Commission's recommendations might be able to be considered at the April 2nd study session by the City Council. The Community Development Specialist noted he would talk to the City Manager regarding whether or not the recommendations could be placed on the April 2n study session. The next issue addressed by the commission was the issue of keeping collector cars. Chairperson Erickson stated that collector cars are defined by State Statute as those vehicles with collector or pioneer plates. He noted these cars are not used for daily driving and that the license plates are a one time purchase. The Commission discussed how the difference between collector cars and regular passenger cars should be defined in the ordinance. The issue was raised with regard to what difference there would be in keeping a large number of collector cars on your property versus passenger cars. It was noted that regular passenger vehicles would have to be licensed and operable and collector cars would not necessarily have to be operable and that the licensing of them is a one time fee with collector or pioneer plates. Also, collector cars are required to be screened from view. Commissioner Erickson inquired whether the commission would consider limiting the number of collector cars to five collector cars per residential lot. There was a general consensus of commission members to recommend that no more than five collector cars be allowed on any residential lot. 03 -20 -01 -4- The next issue addressed by the Housing Commission was ordinance requirements regarding fencing and fence maintenance. Chairperson Erickson noted the Housing Commission had reviewed ordinances from several cities regarding fencing requirements. He noted most of the ordinances specified construction materials permitted for fencing. Specifically, the three items included in the memorandum summarizing the Housing Commission discussion included, fences to be constructed of materials designed or reasonably suited to the purpose for which the fence is proposed to be used, no previously used materials could be used for fence construction and the finished side of the fence should face the abutting property. After brief discussion, the commission reached a consensus that these three areas should be recommended for adoption in the city's ordinance. It was also noted that it would be helpful to have the fence requirements contained in the various city ordinances, such as height permitted etc. to be included in one area of the ordinance for convenience. The last issue addressed by the Housing Commission was the issue of yard cover. Chairperson Erickson noted the Housing Commission had reviewed several ordinance requirements from other cities regarding yard cover and that it appeared there were already a great deal of similarities between the existing Brooklyn Center ordinance and that which is required in other cities. After commission discussion, there was a consensus to not recommend any changes to the existing city ordinance with regard to yard cover requirements. OTHER BUSINESS Chairperson Erickson commented that the Community Development Specialist had given commission members a copy of a flyer for the upcoming 2001 Northwest Suburban Remodeling Fair. He encouraged commission members to attend the fair along with the free workshops held throughout the day. Commissioner Yelich addressed the issue of the Smart Growth study being done in conjunction with the Metropolitan Council. He stated he would like to see the Housing Commission have input into this study. Chairperson Erickson inquired if there was any additional business, there being none, he entertained a motion to adjourn. ADJOURNMENT There was a motion by Commissioner Deuel and seconded by Commissioner Carmody to adjourn the meeting. The motion passed. The Brooklyn Center Housing Commission adjourned at 9 p.m. Chairman 03 -20 -01 -5- rystal City Code 1195.01 (Rev. 1996) Section 1195: Therapeutic Massage (Added, Ord. No. 96 -10, Sec. 1) 1195.01. Findings. It is found and determined that: a) persons who have recognized and standardized training in therapeutic massage. and hygiene provide a legitimate and necessary service to the general public; b) health and sanitation regulations governing therapeutic massage enterprises and massage therapists will minimize the risk of the spread of communicable diseases and promote health and sanitation; c) license qualifications for therapeutic massage enterprises and massage therapists will minimize the risk that such businesses and persons may facilitate prostitution and other criminal activity in the city; and - d) massage services provided by persons without recognized and standardized training in massage can endanger citizens by facilitating the spread of communicable diseases, by exposing citizens to unhealthy and unsanitary conditions, and by increasing the risk of personal injury. 1195.03. Definitions. Subdivision 1. The terms defined in this section have the meanings given them. Subd. 2. "Clean" means the absence of dirt, grease, rubbish, garbage and other offensive, unsightly or extraneous matter. Subd. 3. "In good repair" means free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks, obstructions and similar defects. Subd. 4. "Massage" means the rubbing, stroking, kneading, tapping or rolling of the body of another person with the hands for the purpose of physical fitness, health -care referral, relaxation and for no other purpose. Subd. 5. "Operate" means to own, manage or conduct, or to have control, charge or custody over. Subd. 6. "Therapeutic massage enterprise" means' a place of business providing massage services to the public for consideration: the term does not include a hospital, sanitarium, rest home, nursing home, boarding home or other institution for the hospitalization or care of other human beings duly licensed under the provisions of Minnesota Statutes, Sections 144.50 through 144.69. Subd. 7. Therapeutic massage therapist means a person who practices or administers massage to the public for consideration. Subd. 8. "In the city" means physical presence as well as telephone referrals such phone -a- massage operations in which the business premises, although not physically located within the city, serves as a point of assignment of employees who respond to requests for services from in the city. �pm. . y "any of the therapies formerly called "alternative medicines" have become more mainstream, particularly manual medicine, or "body- work." "The right kind of therapy can do wonders to soothe aches and pains," says Institute for Athletic Medicine chiropractor Richard Branson. "But how do you choose ?" Here are terms that may help you learn about some of the different treatment approaches. Acupuncture - tiny needles are inserted into points in the body that correspond to specific body parts or organ functions to reduce pain and restore balance. Acupressure functions on the same principles, but uses fingertip pressure instead of needles. Chiropractic - uses gentle manipulation of the spinal column to reduce pain and inflammation in the back and neck, restoring range of motion and stretching muscles, ligaments and tendons. Treatment for other musculoskeletal conditions such as leg and arm pain is also offered. In fact, many leg and arm symptoms are related to the spine. CranioSacral Therapy - uses gentle pressure to adjust restrictions in the head and spine to reestablish the normal flow of cerebrospinal fluid. ..rr Feldenkrais Method - awareness through movement designed to change body habits that maintain dysfunc- tional movement patterns. Massage Therapy - uses a variety of hands -on techniques to carefully manipulate the skin, muscles and connective tissue of the body to positively affect health and well- being. Styles vary from stress release to very deep tissue. rW� rv: Essalen, Swedish and Sports Massage - Essalen uses long, gentle strokes; Swedish uses more vigorous strokes and Sports uses deep tissue technique. All work to release stress in the body. Shiatsu - a Japanese technique similar to acupressure. Reflexology - organs and body parts are represented in specific locations on the hands and feet. Massage and pressure are used to balance affected organ or body parts. _ Ro4fing- extremely deep massage. Trigger Point Therapy - pressure is applied to a specific "trigger" point to help release a group of muscles. Myofascial Release - muscles are encased in a thin membrane called fascia which may develop adhesions that restrict movement. Massage -type techniques loosen the adhesions restoring normal function and mobility. For a free flier about manual medicine services available at Fairview and a free flier describing services at the Mind, Body, Spirit Clinic, a partnership of Fairview and the University of Minnesota, call Fairview HealthWise at 612 - 672 -7272 or 800 - 824 -1953 or visit our Web site at www.fairview.org /foryou. . , ..x,'*•;[R ,.g� - '$'..rs�y �"x5r " ^ 'i`» t:m6o-i3+I, IV.wli<'. .r.,.,. . x.z .YFSF�. [+.ixL F,- c.._,y, r: �± .' n%'. rJ- a.: wnl N. L' �ii-.. x- YKas- .. #i.:+i¢.... • .,.3k ".rY itt�m ,. -x,.n n... .- ,...,,`43i:'o-. , sl It :Jl alJ 1. .I A,: .. { $• i •� +'i %'YnY.,a.. .. —.... .. • .�. inv ented a Minn: n inv portable, canvas t '� r seat that can be suspended bet s • =. .WHEN: Fr ay, Ys R two trees. Magazine not included + : Saturday, 10 "I'm well aware of the need! f ;1 a.m. -6 p.m.; t _ outdoorsy people have. Wha '� .r �; ,. Sunday, 10.. y otta o' p.m., you're doing, you've g g , (Minnesota Id - Appleby, 45, ,who jokes th; rya- Student Y.: "Toilet Tree" idea is a result :►. 'a Inventors ;' t - ing by the seat : of his pants.' � ��" ,� ' '�'event , Friday 1 - r' are plenty of porta -potty type things is the .� .,...�_ w i %' ' 4 p.m., Sat., 10 t �" P` a.m. -4 p.m.).,­ ,v on the market, but not something like vention,. according of Gladie r , Gary Freiberg hopes that his Blade Skln'' ` '• " ' `" "'``' k this. This folds right up . You can put. event coordin Invention will someday replace the need •• ". . ,, COST: Adults,'•„ this in a backpack." "The curious part of ' everyone`'s to tape hockey sticks.:: • ' :,:. $5; Klds 12 - 18; Appleby is one of more than 200 personalities $1• e 12, ' . - BY p Ies makes them want to see undr � • - �' • � � � , ':. • free. .Three-day inventors who will exhibit their ere- and experience what is new in the :;,:,•;4pass,:S10t: {,?; SUSAN M. ations and compete for cash prizes innovative minds, what might be that educational�event.� There are a ,large t:. �,,•, BARBIERI : Friday through Sunday at the 38th new thin that's number ' of consultants, available to ".' 1 ' g going to 'make life � .., FOR MORE.':• =, annual Minnesota Inventors Congress easier or bet Beery says.. the inventor throughout' the weekend INFORMATION: ;. STAFF WRITER eer, to assist' them with the development `, Ca0 (800) 46 &: in Redwood Falls. Each year, the "And it gives inventors a vehicle 3681 or (507);, three -day event attracts thousands of for exhibiting their invention. It is ail INVENTORS CONTINUED ON 2E ± 637 - 2344 , ; HEALTH ' Massa theram is n novina into mainstrBirlm wor kpijaces i BOB CONDOR CHICAGO TRIBUNE licensed practitioner from Albuquerque, protocol. N.M., who is president of the association. For example There's more to'elevate'massage'tli e% , a series of studies at the W heneve ' rescue workers took well- "We were working on crane operators at the 'illicit" parlors '.. of ' University of Miami Medi apy above cal School yesteryear: Research shows. it. has- the': deserved breaks during the Oklahoma midshift so they could go back for anoth- showed that a 30- minute neck - and -back potential to help premature: babies:. to .. deserved tragedy, er six hours; the medical examiner's massage reduces depression in subjects City y' people like Virginia. staff was glad to take advantage of our who were either trauma victims (some astlma s boost n the a immtme'+ An thony y jumped into action. She is a massages as a way to reduce the stress were survivors of hurricane Andrew) or system. Other studies . indicate effective massage therapist and part of the . of identifying so many bodies." American Massage Therapy Association's "touch- starved" from lack of physical ness in cases of •chronic pain, inflamrrfa- ; special emergency team. Members also The rescue contributions marked contact with others. After each massage tion, nausea and epilepsy. were on site during the Los Angeles another milestone for massage therapy, the subjects reported being more alert, According to Dr. Kevin J.:Foisyth, earthquake, Hurricane Andrew in Miami which has been making big gains in less restless and better able to sleep. The director of the occupational health: and and the American Eagle plane crash in respectability among the medical com- ,' anti - depressant effect of the massage sports medicine unit at Grant Hos ital, northwest Indiana. - mul]ity in the last decade. More and was re ported p more, doctors are recommendin m - + t to last from three to 36 in Chicago, you can choose .amon three We provided relief from both �}� si- g as hours, though researchers did report g 1 y sage therapy as part of treatment — and p rt a basic types of massage to improve our. cal and mental strains says " longer in P Y ys Anthon g cease i❑ overall A y body aware- re there Is plenty of research to support the ,ness. Y ' MASSAGE CONTINUED ON 2E • M W Slxk4W+k'ek,:i�y iA,fW;#1:ti.yPo}�VN nyxYa�' f . � .{•• .�. .�*.'' 3►)�es; � ��Y�' S' a1Q :"r %lYOw�'1- HnK�!Cxlrl''!.ana '- F.r••r s.�.,ua.;ua•?:�=..00:s::'` v— :.�.[.!...-- •..,... .. of nd some j:� our to ' 10 ublic 'thinks as fashion. 'A ' r, ,,. `Love 'aiid Rockets are among P P ways, like fetishist shoes +� . ;f T` r. » ; ;+.� ...... -_.» a a� r} , ,;.' st on the run �"'#Y , t ti. a . S t F lank Girl ; ► `, a comics. $: °.'t.� u*r►: s:i�i� Y. „;- : S _ - f his 'customers emul first ate Tank and sexpot :dresses, appeared in` fashion - e� own style. , :... t = Girl's `.`The' look is a spinoff from comics. -.,..: c :.punk, he said. But the comic charac- r.. ` 'Most women; of course," sim 1 ' -' t A' what ` " "to take up the designers' proposy ; �s breastplates .and ters are very'" strong; and that s decline That is just what women .want." :';: tion to 'dress by the comic book. F as the is Barb ,To look like' Barb Wire,` the main pre- forces of evil. to fashion that aspi- - -- k hero- , b 00 - o f c om _ • supermodels seem.• ;. .: - : :.'. �.... .: • -icatures, with Nadj a number of manipulative therapies includ- able legs or Claudia _. (G Am E ing,• but .limited to, massage) and "sports eous ' body as far massage ". (usually a form of Swedish eou as the Wonder CONTINUED FROM lE massage that specifically targets ' the ility aches and pains of athletics). strip. have 'changed since wellness. The best -known style is the Forsyth says there are three primary reasons why massage is good for. the was introduced in Swedish. or Esalen technique, which is a g a with ion body: It pushes out waste fluids from gentle friction massage , owing there was more to g g flowing muscle tissues faster than our normal As Lane standing by strokes. A second option is the shiatsu, based on the Japanese system in which process, easing soreness; it helps heal .ologist Dr. William critical pressure points are identified and torn or strained muscles by realigning tis- z created Wonder "released" b pressing down with the sue fibers; and it relaxes nagging tight s rationale: "Women's thumbs or but of the hand. spots, contractions and spasms. ; ive become despised The third category is Rolfing (named A typical hour session with a private - eak ones," he wrote. after physical therapist Ida Rolf), massage therapist averages about $50 to iy is to create a femi- generically described as deep- tissue mac- $70, and Forsyth considers it well worth h all the strength of sage. The therapist uses the butt of the the Price. (The cost may be less if you a member of a health club or community ty the allure of a good hand, or maybe an elbow to reach deep- tn." er into dense muscles and surrounding center that offers the service.) , he tissue called fascia. Don't think of massage as a treat or reaction men, luxury, Forsyth says. "It's more of a pre - an alluring woman Dozens of other terms can confuse the nselves to submit to issue, such as "bodywork" (including a afte a health measure you. can take after a hard week of work. )UR YARD WITH BEAUTIFUL PLANTS. _ Shorts uan work. at the ofge exterior decoration." Because the flowers ,)urish our spirit. Those brave shoots prevail- _ us to persevere and we will " tlowef' too! 0 CONTINUED FROM lE .nials correctly placed will usually keep on W ith so much hype about 2. dress -down Fridays and casual for flattery and function. workwear, shorts seem a natural, k FLORAL CALENDAR. They chance DOM'T: rig ht? Well half - right. av companions to the passage of time. Lilac ® Neglect to look at yourself g Gave resonanc with our lives. too. from all sides, especially the back Surely, you shouldn , t wear the same beat -up khaki shorts you ATHOUSAND DIFFERENT PERENNIALS _ vi ®For to sit down in shorts wore picnicking at the par's last n proven hardv'in Minnesota,. So you can _ Sunday. Yet, assuming your com- ilf accompany your life for years to come. _ while in the dressing room. You the people who have worked all w inter to � want to see how high they ride up pany has no policy against shorts, is and likes. Now is one of the most colorful and whether they cut into thighs. there are many neat versions that id Garden and watch us build our large Rock blend professionalism with a .e boulders of Minnesota Limestone. It will be 0 Buy shorts too long. They relaxed attitude. and see how the gardens change. should be a good few inches «Walking shorts can look very �LTIES: ALPINES and ROCK PLANTS, above the knee• ®Wear thick dar tights under professional," says Becky BRASSES, HERBS. HOSTAS. SIBERIAN , Hitchcock, a fashion consultant BONSAI. RHODODENDRONS SHRUB shorts as they defeat the purpose. who hosts Work Day Casual cor- S. VINES and WATER PLANTS. _ n Choose a style with a tight- orate seminars on behalf of ; fitting leg. Loose legs will have a P slimming effect on thighs. Marshall Field's. rts m public, p , Hitchcock tells her audiences to rr� e ar IN,., : , ® Wear cycle sho - -r — t1". --1,. - l.,nrt-F}i to PAGE E2 • STAR TRIBUNE ri e s h o ws .: By Beth W. Orenstein :::,::_..,, a ti >. .:::, . n T� g I Call pI2F a role In how effective It ztlentown (Pa.) tilorn ` in Call 't' xf �� a� , �.r will bt says K _inkel, who is also a i lic:.nsed )h fsical therapist. I } "if N ; to 1 a Bennett ..� .::: ..:, . .ri t,�t back to H F k enct T:,: g y ,11„ ut,i ..., * ._r..x. ;�:':i ".. ! > i1:a C "til nn' .1 ., < aliect i.�as�� ulckl right s_toul d - ~jai.' a s so bad that 1 t: I at B; _ .n� till • )und she couldn't lift her arm to ;ti £.,,. H ey . avid then rssure gut on her coat. If she turned on en massage therapy is pre - ner arm in her sleep, the pain was scribc;d, the first step is to identi- so sharp it would wake her. fy the patient's trigger points, the Bennett wasn't sure whether P aiiliu1, irritated areas in mus- the pain was from an old tear in ties, to gauge the condition of the i .er rotator cuff that had flared Or ', k:.;y a; 4: 'i:i't S :11 jS.. CS Bill tissues and -,, " rom something else. E,n t:l ' ,atie:lt's sensitivity to pain, But she was sure sl did no! - ant what the shoulder Specialist ' ✓ % ,1,`��,r„ 'i:il.:ai, :lC'-gjt15 c3Cn her orthopedic SUF1'eon'S J MC ,v . fir }rt ; ;yaPpt ;ligheat - -usu- .,:e suggested: surgery or ste all, t Moist heat )ack -- 1 for 15 to )ids. "I'm not one to take dills if fir' =.i�> pills :` ni;.luies to the affected area. can help it, and to me, surgery is Vt q: k ry= 'W -.: The heat helps increase the blood n ._. 11Uw, he explains. "Then I a 1 last resort, she says. P PP Y Bennett opted instead for �£ x< ..:. P ° `' i pressure to the trigger points for iassage therapy, going once a Photo by Ed <_androcK TMC, ah -out three to five seconds at a " "eek to an outpatient rehabilita- 0€ a 3en att, 70, of Allentown, Pa., says massage has helped tier ret.at T; ;-ne, working them until the service in Salisbury Town- to a :Mere active lifestyie. Shoulder pain used to keep her awake at night. 1nuscies relax, circulation im- -hip, Pa. AtAFf`inity, a joint ven- urc ;ves. and the person feels bet- Ire of Good Shepherd and Le lighValleyHospital, she is treat- d ,� S i. LeS have shown massage therapy is d by Gene Kunkel, a certified that i n s� iiifki"I Often,, , lplenlented ��ith stretching assage therapist. � I , a � S ��� �� e .� f ., tKy t ,rcises and other physical ther- Kunkel performs medical or Y n;h ;, meon says. lerapeutic massage on Ben- 'Fi&, ; �'�: to i a�°fuI' ��� j�reSSi<� ; - e, niece "i tisa; i =_ in conjunction with :fat's shoulder— and the results :;tiler forms of therapy," said Dr. lave been impressive, she says. CI ref .4,'ef Improve range of f inotion and ;,lust Millet, of Affinity. "I don't I'm much better, almost nor increase endorphins, which speed healin t;- picalty prescribe just massage iraL t � � g P° . hera , In the past few years, medical ............... The one drawback to massage d�rofessionals have begun to rec therapy, Millet says, is that it's a �gnize the benefits of massage ation and are general -type mas- and the report should be used to passive form of therapy. "You lie ' herapy and are prescribing it for sages," he explains. "Medical determine future treatments. down, and someone does some - an increasing number of condi- massage is being applied for a Medical massage treatments thing to you, as opposed to your tions, from arthritis and joint specific condition. Medical mas- can be as often as two or three doing something for yourself." pain to headaches and sinusitis. sage is more problem- focused. times a week or as infrequently as Still, he says, "I think it's help - It can help conditions that are You'll see a specific area massage once a month, says Cana - Bud - ful as a stepping -stone to get pa- acute or chronic, says Juanita as opposed to a whole body mas- zek, a certified holistic nurse, tients into more active therapy." :arra- Budzek, codirector of the sage." yoga instntctor and massage Recent studies have shown tress Relief Center in Lehigh Medical massages usually in- therapist. that in addition to relieving pain, ownship, Pa., which offers a elude a deep, kneading stroke Kunkel says some patients massage therapy can reduce ~ademarked medical massage and a friction nib, whereas salon find relief from their back, neck heart rate, lower blood pressure, : designed to relieve mus a_r, sag s inlay include long or muscle snail, or tingling aft.;r iiici ca.5e Circulation, improve Ular tension, spasms and pairs. strokes, kneading and friction on just a few therapeutic 11lassages. range of motion and increase en- ° 'JCIIS on problem areas snore .superficial layers of the "I've seen a lot of results after two dorphins, which speed healing, muscles, says Simeone. to three sessions," he says. Other according to the American Mas- Like any massage, inedical Asio!h. -: r difference between patients may need 10 to 12 treat- sage Therapy Association, based aassage involves holding and salon inassa es and therapeutic ments before they start feeling in Evanston, Ili.. _manipulating the soft tissue and massages, Shiwone says, is that better. A, number of studies also indi- Ipplying pressure. However, medical massage is a treatment, "It all depends on how much cate that massage therapy helps nedical massage is different and thus, results are tracked, or damage has been done or how to alleviate stress. Considering :rom a salon massage, says Dr. at least they should be. much trauma the patient has that 80 percent of disease is Richard Simeone, a Monroe "In a salon, there is really no sustained," Kunkel says. "Some- stress - related, massage therapy County (Pa.) chiropractor who tracking of a person's com- one who comes in with a chronic can be beneficial for almost any teaches medical massage at the plaints, although they don't nec- problem he's had for two, five or disease, says Sandra McLanahan, health Options Institute in essarily have complaints if 10 years is going to be tougher to a family practitioner in Bucking - Northamntnn Pi t}mv r ­inn to a —1— T- � +loo+ n hom Sh -,...1 fn YOUR TI7 T - A T ►j� � � STAR TI UNDAY, MAY 3 • .1998 1 j� �J jJ111J 11 But those who are thinkin ling �' g of see eatment from alternative forth " :: :�: ' 'ractitioners should rembe e a dose o r to takf precaution before venturmg' ;; ' Seasickr P, • unrelate+ ■ h s( Rou e graitte heac alternatove m ,� ple,buthe: 11�an are ch bosim t sickness do gether des .' :, on alter -. ..`' : natural attdhighlyp oi sonous. I rst of two'columns, ; i * 'Beware of phonypractition of the two Fi r Personal health public perceptions of alternative care ers: Not ever who han in to a Bri native medlctne ,:. competing out a shingle is schooled or Ii g censed. Anyone, including you ', is the. .lane E. Brody Many Americans are turning to such forms of alternative health care Researc Ah largest growth industry in as massage therapy, acupuncture and hypnosis. But many others ' and me, can can himself of her- tional Hosi ealth Ga re today; Last remain cautious and skeptical of various techniques. Shown are the self a "nutritionist" h professions and studied I I year, 42 percent of U adults practors, herbalists and d massage findings of a nationwide random survey of 1,500 people, conducted gist" because no such professions studied 11 used some.type of alternative. therapists, spend more time with by a marketing- research firm for Landmark Healthcare Inc. me are certified by a state or federal 34 women care, including such practics as patients — 30 minutes on aver - margin of error was 2.5 percentage points. Findings were released agency, and anyone can impress last year's herbal therapy; chiropractic, acu age, or four times more than phy- this year, the uninitiated with phony cre- race from puncture and ass therapy, sicians devote to each patient, dentia WHERE AMERICANS TURN ; Is and certificates:" xM • ampton, E according to a nationwide tel Spiegel said. > Don't assume that products is commm Shown are the therapies that respondents labeled "dietary supplement ", — staged ovc phone survey conducted for Treatin the erS0I1 herbs, vifamins and minerals and North Atla Landrn ealtlic , Inc., a p have used in the previous year: managed alternative care,compa- He said: "Patients want to bes� -r p- t lY% , other potions sold in pharmacies the study treated as a whole person, not Herbal therapy [ WHO USES IT and health food stores - are safe journal La ny in Sacramento, Cali£ Female Of 1,500 adult interviewed in just a disease. They want to be Chiropractic �^" ^'r' ' � 1896 Households that have and contain what they say they November, 44 percent said they active participants in treatment Madge therapy �t• b " '`; ,, l14% used alternative care are stimulants or sedativ s oth and head would u se an alternative method they want better communication 13% in the past year: uring thr if traditional .medi effects. d cal c was with the practitioner and they vitamin therapy can have serious adverse a the study not producing the desired results, want treatments that are not Homeopathy 5% unregulated area headache An and ,7l percent predicted that worse than their disease Yoga 5% These products.are vir6ally .FDA pal consumer ;d6m4ndfpr altema . According to a 1993 study by Acupressure 5% r unregulated. No one outside the tive, also, called _k gmplementary, the Kaiser-Per health treatmt care would be.pgdgrate to strong care system, 56 percent of those Acupuncture ED 2% duces A U.S. them" in the future: ; ,;'::,. ,,. who seek alternative care suffer mo nitors company that p monitors them fot.tlie types:and ministrati Altliou most dodo ;shun chronic pain and 22 percent cite Biofeedback 2% : ; ; amounts of activq lt}gredents; , $h., - Hy 1 sucH,Care anc qulestiori lts merit • tress or a mental health problem. _ H notherapy 4 % _ i?re s se%}ce of ckintatnit►ant$ gc' " panel has and r a AmgiaGans.az@ Vot s their chief eomplaint. Among Naturopathy � % . honest labeling +Independent laser tree th versin it, ing with tl}gir leexd pq,Cket the most common problems are $futile have shown,. at some g i books,tudtgs havee shown that back pain, anxiety, allergies, ar - . ,., product transmyc contain liftle of none of mar to re the ingredient thaf the are sup- patients maktmip' vistts,each thrills, depression and insomnia Source: "The Landmark Report on Public Perceptions of Alternative Care;' 1998; yy uses alas year,to alternative cart ,pracuuo • , Evidence is mounting that alter - survey conducted by Interactive solutions of Grand Rapids, Mich. posed to have, especiallyf that hearts of cars than to pntna3y Gaze phYsl• native techniques, such as acu- ; . ingredient is costly ;v clans; and most '01116131 pay out puncture, hypnosis and some . New York Time ;' Furthermore, bms - intended ecause cop ms are not allowed to make ' helped b of their oyvri for the care herbal remedies, can help relieve health claims for their product, h ave one sue they receive:;,,;'.: r , such conditions. Now, h6weverd in response to Decades ago, physicians made s nosed cancer ew unimpeded. they also are not required'to . In some cases, people will re > Tell your medical doctor warn consumers of possible side ain i the growing' deman arbitrary separation between the harm d and m m a trying it." hopes of reducing health care mind and body, and modem P P costs, more health plans include medicine is only now beginning cover from an illness whether about any alternative methods, effect or interactions. There are P studies s options for alternative methods, to reintegrate the two and to ap- they take a drug, a placebo or that you are using orthiri ng of shouullddnlot f p oduct and Drug Ad- ld and heaaove and a number of hospitals across preciate more fully how each af- nothing. using. Discuss the risks and The U.S. Food the country have complementary fect the other. Alternative care some recautions benefits and possible interactions ministration, i etc h ca no re d surgery care clinics.:. practitioners never forgot that p After At a n people recent meeting on com- pple can get sick and can heal Disastrous consequences, with other treatment you are re on test of safety and effective - plementary medicine sponsored as much through their heads as however, can come from an tin- calving. facturer by the Northern California Can through what act agai you may cans for any dietary supplement ough their bodies. educated and careless foray into > No matter , al study the roc car Center, Dr, David Spiegel, a Perhaps the most powerful alternative medicine. Here are told by a friend, neighbor or al - can rtst such ,a product post - professor of psychiatry and be testament to the healing power of some important issues to keep in st an existing treat ment with- neve only after a disaster. P havioral science at Stanford Uni- the mind is the placebo, a look- mind: out first consulting the doctor..' Next week Choosing safe and treatme versity, Stanford; Calif., said pa- alike but inactive remedy that, on effective methods of akernative the surg tients who availed themselves of average, benefits survival about one -third > Be sure you have received a who prescribed it. survival alternative care were o seeking �e of tehoe tr eatments are test d in clini- fional doctor before seeking alt r "n t ral Do Natural is not synony a medicine. "caring attention, g Y are getting less and less of from cal trials. Spiegel asked, "Even if . filled with stories of l iteratu r e patients rre s royal, botulinum toxin and uru- health and med� for the New th m. b g g physicians under managed care." an alternative remedy is just a fi lle d P _ York Times. — Frorr Alternative care practitioners, placebo, if patient get bet�earrac d native i corned es as an undag r stance in poison ivy) a perfectly UNDAY, MAY! 0 1998 YOUR 1 l 111.AL i 11 STAR 7 wises o f alterna therap is harm) veral teeh*ues and ,,7 ,, 7 + �, and they can help relieve backaches and harmless as long as the practitioner expensive or hard to rac ti ces such as acupuncture rerSOn[(1 heitilJ l headaches, lower blood pressure, speed knows which ailment Is involved and the•; There also are no i d h noS1S, Can be hel ul recovery from ailments and enhance patient does not abandon conventional Ing dosages or warnh Jane E Brody quality of life.. medicine. For example, one 'acupunctur• i tions with other rem( S1 as a serious illness or Hypnosis, guided ima Imagery ist discovered that the man he was treat- .Ephedra, a plant -deri g g y Ing for fatigue really had leukemia and '' as a decongestant in Audition is not being ignored Press, 1996, $27.95) puts it, these tech-' Hypnosis produces a deep state of re- referred him to a cancer specialist: herbal remedies, can niques don't replace conventional medi- laxation and heightened concentration increases in heart rat( cond of two columns on alternative sine. He notes, "They fill in what's been in which people become highly suggest- Homeopathy and herbs sure and has proved M missing — an appreciation for the body's ible. Hypnosis does not put people in a It is challenging for a medical doctor excess. innate self- healing abilities." "trance" during which they can be made to imagine how homeopathy could pos- Still, studies have 1 any doctors continue to label Responsible practitioners of atterna= to do something they "would not other- sibly work beyond being a placebo. A ho- benefits with minima alternative medicine "quack- tive medicine do not claim that they can wise want to do. But as participants visu- meopath starts with substances that herbal remedies used v ery" because proof of its effec- cure cancer or multiple sclerosis. Rather, alize a desired goal — for example, not cause symptoms like the ones being amounts, including S iveness is lacking, and the way the tech- they believe their methods can marshal smoking or sucking a thumb or becom- treated, then dilutes them hundreds or treat mild depression uques workis often a mystery. forces in the body that can help to com- ing numb and not feeling pain— re- thousands of times. At least, there Is no :.bat the common cold Doctors are understandably turned bat illness. The biggest dangers of alter- markable effects can be achieved. dispute about its safety, because its po- . '`, to reduce prostate en) If by seemingly irrational methods such native medicine involve missing an Ill- According to a 1984 report in the Brit- tions contain too little of any active In- s reflexology (which'treats the entire ness that requires medical treatment and ish journal the Lancet, hypnosis de- ` gredient to cause harm. Chiropractic ody through the foot) and by the mysti the temptation to abandon conventional creased abdominal pain and bowel Herbal remedies, on the other hand; After a century of o al explanations.( ",increases energy medicine. So before seeking help from' symptoms and increased well - being in can be dangerous. They can enhance or;','.' medical organizations ow ") offered fgrvarious. techniques bioenergetics or herbal medicine, be' ` patients with irritable bowel syndrome counter the effects of traditional qie' ;^ ',;: ,: `cept chiropractic, the at cannot be obsgNed grineasured., sure to see a doctor to,determine what'; to a degree greater than any drug has canes. For example; large doses; of garlic , a? the spine. The technic What cntrcs often lgrto is tktat many may be causing your symptoms. ever achieved. " could interact dangerously with antico =` t covery from acute bas iaznstream teclmigt{esi in udin m st a , • .. £1 g 4 agulants. �" ; long -term results are i arms of s e by e n Yen suti'ected to Relaxation teChni UP..S Acu uncture The form in which an herb u used', t r those achieved throw@ •ie acid t est, f ry' dcjitble> . Stress and Its sidekick muscular tens p . P s en ; t The ancient technique that uses twirl- can make the difference between benefit• ;methods . lind, controlled;cluucat trial: Also for- sion are common causes of pain and Ing needles or its variant, acupressure, is and harm. Pennyroyal is effective when'­` , There is no proof o otters is that many drags; including as- functional complaints (ailments for applied to various parts of the body to used in infusions to settle the stomach "'" claim that because me irin aril penicilWi,;becamewidelyused which no physical cause can be found): relieve symptoms in other parts. Itworks and relieve coughs and congestion; Cast ` through the spinal coy mg before experts knew how they Muscular tension can result from pain in part by triggering the release of endor- leman says. Yet, he wants, "As little as ments" can relieve all rorked. w, and increase its intensity.. This is why re- phins, the body's natural pain relievers. two tablespoons of pennyroyal oil can be Chiropractors should So before dismissing alternative they= Taxation- inducers such as massage, yoga, Increasingly, doctors are using or rec- fatal. Never ingest any kind of herbal for nutritional advice, pies, it may pay to look more closely at meditation, deep breathing, therapeutic ommending acupuncture and acupres- oil." sell supplements. )me that are cgnsidered,safe and effect touch, tai chi and the posture and move- sure to treat various health problems, es- Another problem is the purity of 1" ve and are even being prescribed by ment techniques have won so many pecially pain, resulting from ailments herbal remedies, which are not subject —Jane Brody writ, ame doctors as complements to con - converts. I and addiction. Acupuncture also works to government regulation and maybe Wand medicine for the ent)arial medicine. As Michael Castle These methods, used alone or with in animals: adulterated by unscrupulous producers, - -!, tan, author of "Nature's Cures" (Rodale conventional medicine, are harmless, Acupuncture and acupressure are especially if the active ingredient is very Vlany child deathS linked to faith healing a avoidable re or p lire and staff reports ° gathers information on "religion- ical treatment. The authors reported that 23 laws to ensure that they ade -. , Mario Tosto w( ` based child abuse and neglect." Of the cases reviewed, 113 in- denominations from 34 states, quately protect children against second - degree Most of a group of 172 children . Asser and Swan identified 201 volved children who died after in- were represented in the study. medical neglect by parents who Minnesota cow, ho died because.i ieir parents cases, 29 of which were etiminat- fancy. Of these, 98 did not have Five groups, including the Chris cite religious grounds for their charges, saying :lied on faith healing would have ed because of insufficient infor- cancer. The researchers conchid- tian Science church, the Church failure toseek treatment. " "1 ' : ents rely on "sp arvived had they received timely mation to determine the cause of ed that 92; children would have of the First Born and the Faith Faith healir}g was'the.subject of for sick childrei iedical treatment, according to a death or because physicians who had an excellent prognosis had Assembly, accounted for 83 per- a lengthy court casein Minnesota. states have sim :udy in the April,issue of the jour - . reviewed the records could not they been treated. Four would cent 'of the deaths. In 1996, the U.S. Supreme The boy's fai al Pediatrics.., ," determine that exclusive reliance have had a "good outcome" and Christian Science teaches that declined to hear the appeal,f±i'om , Lundman later Dr. Seth Asser, a pediatrician at ` on faith - healing contributed to a " two would have received no ben- prayer is the most effective treat- four Christian Scientists wh6tad" death lawsuit u ie University of California; San child's death. Newborns were ex- efit from treatment. ment for illness and that conven- . lost, a court case, filed bathe father son's mother, tl iego, and Rita Swan, a child cluded if an autopsy revealed ma= - In some cases, children were tional medicine interferes with of Ian Ltmdman, l 1, "df Indepen- ° Christ Scientist ivocate in Siouit City' Iowa; ana:' jor malformations that would not clearly ill, sometimes for a pro - spiritual healing. deuce, Minn. Thehoydied of dia- . members who c zed child fatalities amoh jWth- j have been survivable even with longed period, the researchers "These fatalities were not from betes in May 1989 after severe cal treatment fc Baling sects; as reported between; 'medical treatment.. said. Often, parents were suffi- esoteric entities but ordinary ail vomiting and excessive urination: Christian Scien )75 and 1995. The ces.were,'; The remaining cases of 172 ciently concerned to summon rel merits seen and treated routinely His'naother, KathleeAM as cKown, Wiling which wi impiled by Children's Health -, children were classified according atives, church members or clergy. in community medical centers," had prayed for her son. favor and took i ire Is a Legal Duty, a nonprofit to how much benefit the child In some cases, mothers died the authors wrote. They urged McKown and her husband, U.S. Supreme C 7aani7atinn in Pin, vrihrthat ­11M ­­..;'­A A r..,,,, .,.,,,i ' 1"­ ­;fl, ,;, .,:, i,..i,;,.. Early Childhood Family Education _ V1 c ,• >Y Brooklyn Center School District 286 Community Education 763- 561 -1159 The mission of Early Childhood Family Education is to strengthen families through support and education. For both adults and children, we offer important life experiences in all areas of their development. All School Family Fun Night and YOU AND ME BABY — FREE -FREE READY, SET. GO! E.C.F.E. Registration (newborn to walking) Preschool Classes (School Readiness) Thursday a This is a great time for you and your Ready, Set, Go! is for children entering January 11, 2001 baby to discover all that happens in Kindergarten in the fall of 2002 that 5:30 — 7:30 pm ECFE. Meet other families as you enjoy have turned 3'/2 by September 1, 2000. Earle Brown Elementary activities, receive parenting information, Ready, Set, Go! provides preschool 5900 Humboldt Avenue North discuss parenting concerns and gain programming to help children grow and The Community Education, Title I and ELL - support for your role as a parent This prepare for their kindergarten programs of District 286 are sponsoring a class meets at our new center on 69 experience. This program recognizes night of fun, games and stories for the - and Humboldt. Class meets for 7 that parents are a child's first and most families of Earle Brown. There will be weeks, beginning January 26. important teacher and believes that storytellers, crafts, activities and food, and YB — Fridays 10:45am —12:00 noon parent involvement is critical to a child's the opportunity to register for ECFE Fee: Free Community Corner education. Parents with children classes. enrolled are required to participate in a .Call 763 -561 -1159 for details. FAMILY FOCUS regularly scheduled ECFE parent/child If you would like a class that all of your class. Classes begin January 3. RSG1 —Tuesday & Friday MONDAY MOONLIGHT preschool children (ages 0 — 5) may 9:00 — 11:OOam A class designed especially for 4 and 5- attend with you, the family class is for Must be age 3' /z by Sept. 1, 2000 year -olds. During the first half of the you. Children and parents join together Fee: $30.00 per month class you will participate in age specific for fun learning activities for the first half activities with your child. During the of class. The parents then leave for a second half of the class the children will discussion group with a parent educator SUPER SATURDAYS remain with an Early Childhood teacher where they set the topics according to while you participate in a parent their interests. The children play Baby Massage discussion group focused on parenting together under the care of the Early (birth to 12 months) the 4 or 5- year -old child. Class meets Childhood teacher. Class meets for 14 Massage has been shown to benefit for 14 weeks, beginning January 22 weeks, beginning the week of January both baby and parent. It enhances MM — Monday 6:15 — 8:OOpm 22 baby's development and improves Fee: $35.00 Earle Brown Elem. FC1 — Monday 12:30 — 2:OOpm sleep. Parents may find that massage Fee: $32.00 Community Corner increases baby's ability to relax and TERRIFIC TODDLERS FC2 — Tuesday 6:15 — 7:45pm enhances communication as they build Fee: $32.00 Earle Brown Elem. this intimate relationship. Please bring This class is tailor -made for the families FC2 — Thursday 6:15 — 7:45pm a bath towel and spare diaper. of toddlers, 18 months to 3 years. The Fee: $32.00 Earle Brown Elem. YB2 — Saturday, January 20, 2001 first half of the class will include 9:30 — 11:30am Community Corner activities to keep toddlers and their AB Fee: FREE parents busy and having fun. The ` parent discussion time will center on the To Spank or Not to Spank issues that always keep parents of a (birth — 5 yrs.) toddler on their toes. Class meets for Parents and Grandparents are invited to 14 weeks at our new center on 69` and DROP -IN participate in a lively discussion Humboldt beginning January 26. PARENT & CHILD PLAYTIME surrounding discipline of their favorite TT — Friday 9:00 — 10:30am (parents and children ages birth to 5 yrs.) preschooler. Parents and Grandparents Fee: $32.00 Community Corner play important roles in the lives of these Turn those harried times into children, but don't always agree on the HOME BASED OR FAMILY pleasurable times by attending Drop -In method of discipline. Here's your RESOURCE CENTER VISITS Playtime. Explore together the fun filled chance to listen, learn, and discuss. ECFE room and have fun meeting other Children will participate in interaction Early Childhood Family Education offers families with young children. This class and activities with an Early Childhood parent/child visits either in your home or is offered jointly with the Anoka ECFE teacher. at the Brooklyn Center Family Resource program at our new center on 69` & SS — Saturdays, February 3 and 17, 2001 Center. A licensed teacher will bring Humboldt. Playtime is informal, so you 9 :30 — 11 - 30am Community Corner play activities and information for you can drop in anytime during class hours. Fee: $5.00 and your child(ren). Call 763 -561 -1159 Tuesdays 1:00 — 2:30pm to make an appointment or to ask Fee: $1.00 per child questions. 1i City of Brooklyn Center A Millennium Community MEMORANDUM TO: Mayor Kragness, Councilmembers Lasman, Nelson, and Peppe FROM: Michael J. McCauley, City Manager DATE: March 29, 2001 SUBJECT: Massage Ordinance Attached please find materials that have been prepared by the City Attorney, Chief of Police, and Community Development Director regarding a request from Dennis Opitz to change our current massage ordinance. As indicated in the materials, there may be changes to the massage ordinance that would be acceptable. However there is concern about allowing a massage business as a home occupation as indicated in the memorandum. Mr. Opitz has been calling with respect to his request and I anticipate that he will be at the April 2nd worksession. The purpose of this item on the agenda is simply to discuss what direction or additional information you would like and if you would like to have further discussion of this at a formal Council meeting. 6301 Shingle Creek Parkway Recreation 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 Memorandum Date: 03/05/2001 To: Michael McCauley, City Manager From: Brad Hoffman Community Development Director RE: Massage Ordinance You have requested a memorandum expressing the concerns and /or issues Community Development would have with allowing massage businesses as a home occupation. As a matter of perspective, Brooklyn Center's current massage parlor ordinance was written at a time when the business was generally a thinly veiled cover for prostitution. At the time the ordinance was drafted, a newly opened business (massage parlor) located in a commercial building on 68th Avenue was indeed a front for prostitution and thus led to our ordinance which was narrowly constructed to intentionally make it very difficult to operate a massage parlor within the City. The request from Mr. Dennis Opitz is two parted. First, he is requesting a change in our current ordinance (Section 23 -1708, paragraph 6) to allow the location of a massage business in proximity to other described legitimate businesses. I would take it that he would like to differentiate legitimate massage therapy from the illicit cover for which the ordinance was drafted. Second, Mr. Opitz has requested massage be recognized as a home occupation. With reference to the first issue, Mr. Opitz has an issue that should be addressed. The ordinance was drafted to keep businesses that while legitimate do not have the most "savory" reputation with the public. The Brooklyn Center ordinance does not truly differentiate between a professional and legitimate business and the activity that the ordinance sought to eliminate. It would be difficult to argue that therapeutic massage performed by trained and certified individuals should be lumped into same category as a massage parlor. Therapeutic massage is located through out the metro area in a variety of different commercial settings. I reviewed the locations of current local members of the American Massage Therapy Association (AMTA) and found they have several common areas where they generally practice their business. It is not uncommon to find massage available in health clubs such as Lifetime, in chiropractic offices and medical offices, day spas and salons as well as professional buildings. I also noted that most of the certified massage therapists also 03/05/2001 1 03/05/2001 Memorandum: Massage Ordinance 2 provided massage out of a home office and some would travel to the client. Almost all would provide massage to both male and female. Such activities would not be allowed under our ordinance. It would seem reasonable to allow therapeutic massage to exist as a single use business in a commercial zone as an exception to our ordinance. The key seems to be in the definition of therapeutic massage. The licensing requirement should define an accredited school with a given number of hours of training to obtain a degree from the same. The Commission of Massage Training Accreditation should accredit the program and /or the individual should have to pass the National Certification Examination for Therapeutic Massage. Within our zoning ordinance it should be treated as a professional service with defined areas as a permitted use. The second request of Mr. Opitz gives me some concern. As I have noted, most of the massage therapists listed with the AMAT provide the service from a home office. It is also most probable that some Brooklyn Center residents currently receive this service in there home today from individuals that go to the clients residence. At best, allowing massage therapy from residential properties would be extremely difficult to regulate. In my opinion it would be preferable to limit home occupations in general not expand them. If Brooklyn Center is going to consider recognizing massage therapy as a professional service, the service should be provided in an environment that reinforces the image of the service as a professional service. A home setting would not lend itself to that perspective. The economics of a home business such as massage therapy that could not support a commercial setting may be vulnerable to the original concerns of the ordinance. It would also have the inherent dangers of inviting strangers into an isolated home as opposed to an office, health club or other more public facility. I would also be concerned that the presence of a massage service within a residential neighborhood would cause a great deal of consternation for the surrounding residents. The Council will find themselves confronted with the neighbors concerns whether factual or emotional that cannot be satisfied if massage therapy is recognized as a home occupation in the ordinance Any expansion of the home business should be undertaken with a great deal of trepidation. The residential character of our neighborhoods needs to be preserved and should take priority over other adjunct uses. gbh 03/05/2001 2 � 5OWLYN CIS BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: City Manager Michael McCaule FROM: Joel Downer, Chief of Polic DATE: March 14, 2001 SUBJECT: Massage Ordinance Comments regarding Charlie LeFevere's memo dated February 7, 2001. 1. The Brooklyn Center ordinance allows only same sex massage. This provision is probably outdated as massage is now considered a health and therapeutic service. The same sex provision should be revisited to determine its necessity. 2. Several Cities have educational requirements. I agree with Mr. LeFevere's assessment that it is a consumer protection measure and it is more likely that a licensee is involved in a legitimate business activity. Educational requirements are a reasonable regulatory condition. 3. Certain communities have less stringent rules for massage businesses that are associated with barber shops or beauty salons. I recommend that all massage businesses be held to the same educational requirements. 4. Certain massage activities exempted from the licensing requirement may be practice of medicine, personal trainers or physical therapists. It is also reasonable to have an amended licensing requirement for massage services offered in a bona fide health club. Allowing massage as a home occupation poses further challenges in making certain that the massage business meets requirements of the health code and zoning. Overall, I support revising and updating the Brooklyn Center ordinances regulating massage. JD:kh massagei.mem MT City of Brooklyn Center A Millennium Community MEMORANDUM TO: Joel Downer, Chief of Police FROM: Michael J. McCauley, City Manager DATE: February 27, 2001 SUBJECT: Massage Ordinance Please prepare a memorandum in response to Charlie LeFevere's letter of February 7' regarding massage ordinances. I would like you to respond to the Police Department's perspective on operating a massage business as a home occupation and any concerns you might anticipate with a massage home occupation. I would also like you to address the other portions of Mr. LeFevere's letter with respect to whether some of the New Brighton provisions would be of concern. I would like this memorandum by March 15'. This matter will be on the March 26' City Council agenda for Council discussion. Thank you for your attention to this matter. 6301 Shingle Creek Parkway Recreation 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 City of Brooklyn Center A Millennium Community MEMORANDUM TO: Brad Hoffinan, Community Development Director FROM: Michael J. McCauley, City Manager DATE: February 27, 2001 SUBJECT: Massage Ordinance Attached please find a copy of a February 7' letter from Charlie LeFevere regarding massage ordinances. I would like a memorandum reflecting any issues or concerns that Community Development would have with allowing massage businesses as a home occupation. The City Council will be having a discussion on massage ordinances at the end of March. Thank you for your attention to this matter. 6301 Shingle Creek Parkway • • • Recreation 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 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337 -9300 telephone (612) 337 -9310 fax C H A R T E R E D http: / /www.kennedy- gravcn.corn CHARLES L. LEFEVE RE Attorney at Law Direct Dial (612) 337 -9215 email: clefevere@kennedy- gmven.com February 7, 2001 Mr. Michael McCauley City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 RE: Massage Ordinance Dear Mike: Some time ago; the City Couneil;was approached by a Mr. Dennis Opitz who requested that the City consider amending its ­ ordinances - relating to the licensing of massage businesses. Specifically, Mr: Opitz requested that the ordinances be changed in two ways. One is to amend City Code Section 23 -1709, paragraph 6, which prohibits the granting of a massage business license to any premises which are within 300 feet of a currency exchange, second -hand goods dealer, pawn shop, tattoo or body piercing establishment, another massage parlor, school, day care center, church, hospital, on -sale liquor establishment, halfway house, theater or residence. The other change is to allow massage as a home occupation. I was later requested to review the massage ordinances of other cities to compare them with Brooklyn Center ordinance provisions. The ordinwicus 111aL 1 1 - eviewed in this orucess included Mounds View, New Brighton, Rosemount, Brooklyn Park, Crystal, Richfield, Shakopee, and Cottage Grove. In reviewing these ordinances, I found regulatory provisions in other cities that differ from those of Brooklyn Center that the City Council may wish to consider in addition to the changes requested by Mr. Opitz. These are: 1. The Brooklyn Center ordinance allows only same -sex massage. This provision probably dates back to a time when 'controlling prostitution, or illicit sex between the sexes, was a primary goal of the ordinance and, although I believe the same -sex requirement was once a common code provision, I find that none of the cities surveyed still have a similar limitation. CLL- 193037vl BR291 -4 : Mr. Michael McCauley Feb ruary 7, 2001 Page 2 of 3 2. Several cities have educational requirements, usually expressed as a number of hours of training needed to qualify for a license. Such provisions serve two purposes. First, as a consumer *protection measure, such requirements make it less likely that the licensee will do harm. Second, the investment of time involved in training makes it more likely that the licensee intends to pursue massage as a legitimate business activity. 3. In New Brighton, certain rules are relaxed for massage businesses that are ancillary to bona fide barbershops or beauty salons. Specifically, a business license for a principal use as a massage parlor requires that each masseuse or masseur have 500 hours of training. If the massage business is ancillary to a barbershop or beauty salon, only 150 hours is required for the personal service licenses of people in that business. 4. Certain massage activities are exempted from the licensing requirement. These activities, which are generally related to the practice of medicine, chiropracty, podiatry, and the like, or to personal trainers or physical therapists, are generally the same as those used in other cities. However, there are additional exemptions in some cities such as the exemption in New Brighton for a bona fide health club (defined as a business that has capital investment of at least $250,000 in building and fixtures and $20,000 in exercise equipment) provided massage is given in an open public area where access is not restricted by sex or limited to adults. Additionally, it seems to be increasingly common to give massage as a business promotion at such places as shopping centers and ball parks. It would perhaps be reasonable to exempt such activities from the licensing ordinance where they are given in public places, not restricted by age or sex, to fully clothed persons and limited to the scalp, neck, shoulders, arms and back. One of Mr. Opitz's specific concerns is the prohibition against operating a massage parlor within 300 feet of a residence, and certain other specified businesses. Although other ordinances I reviewed require that businesses comply with the zoning code, I found none that had similar limitations on proximity to other specified uses. If I recall correctly, New Brighton at one time had an ordinance that allowed massage to be adjacent to a residential use only if it were accessory to a barbershop or beauty salon. Although that is no longer a requirement in New Brighton, I believe that the idea was that if the use were accessory to a bona fide barbershop or beauty salon, it would be less likely to take on some of the less desirable attributes that sometimes characterize a massage parlor. Such a change would address Mr. Opitz' concern as well since I believe he proposes to operate in conjunction with a beauty parlor. Mr. Opitz' other concern was that he wished to operate his business as a home occupation. Most cities generally require that a massage parlor be operated at a commercial location. However, a few cities such as Richfield and Crystal authorize an individual holding a personal license to give CLL- 193037v 1 BR291 -4 Mr. Michael McCauley February 7, 2001 Page 3 of 3 massages at a business, public gathering, private home or other site, away from the site of the massage parlor. I would think that allowing a licensee to go from one place to another to give massages would make it somewhat more difficult for the police department to determine that the business was being conducted properly. Of the cities surveyed, only one, Shakopee, clearly allowed massage as a home occupation. Under the Shakopee ordinance, a person operating a massage business as a home occupation and complying with the City's home occupation ordinance is not required to have a business license. The police department should be consulted for its advice on the question whether operation of a massage business as a home occupation is a matter of concern from an enforcement perspective. Please let me know if you have any further questions. Very truly yours, C3� Charles L. LeFevere CLL:lh cc: Mr. Joel Downer, Chief of Police CLL- 193037v1 BR291 -4 470 Pillsbury Center Kennedy 200 South Sixth Street Minneapolis MN 55402 IF401 M, (612) 337 -9300 telephone (612) 337 -9310 fax C H A R T E R E D http: / /wwwkennedy- graven.com CHARLES L. LEFEVERE Attorney at Law Direct Dial (612) 337 -9215 email: clefevere @kennedy- graven.com February 7, 2001 Mr. Michael McCauley City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 RE: Massage Ordinance Dear Mike: Some time ago; the City Council was approached by a Mr. Dennis Opitz who requested that the City consider amending its ordinances relating to the licensing of massage businesses. Specifically, Mr. Opitz requested that the ordinances be changed in two ways. One is to amend City Code Section 23 -1709, paragraph 6, which prohibits the granting of a massage business license to any premises which are within 300 feet of a currency exchange, second -hand goods dealer, pawn shop, tattoo or body piercing establishment, another massage parlor, school, day care center, church, hospital, on -sale liquor establishment, halfway house, theater or residence. The other change is to allow massage as a home occupation. I was later requested to review the massage ordinances of other cities to compare them with Brooklyn Center ordinance provisions. The ordinanecs tl,ai I ievicw°ed iii dus process includeu Mounds View, New Brighton, Rosemount, Brooklyn Park, Crystal, Richfield, Shakopee, and Cottage Grove. In reviewing these ordinances, I found regulatory provisions in other cities that differ from those of Brooklyn Center that the City Council may wish to consider in addition to the changes requested by Mr. Opitz. These are: 1. The Brooklyn Center ordinance allows only same -sex massage. This provision probably dates back to a time when controlling prostitution, or illicit sex between the sexes, was a primary goal of the ordinance and, although I believe the same -sex requirement was once a common code provision, I find that none of the cities surveyed still have a similar limitation. CLL- 193037vl BR291 -4 Mr. Michael McCauley February 7, 2001 Page 2 of 3 2. Several cities have educational requirements, usually expressed as a number of hours of training needed to qualify for a license. Such provisions serve two purposes. First, as a consumer protection measure, such requirements make it less likely that the licensee will do harm. Second, the investment of time involved in training makes it more likely that the licensee intends to pursue massage as a legitimate business activity. 3. In New Brighton, certain rules are relaxed for massage businesses that are ancillary to bona fide barbershops or beauty salons. Specifically, a business license for a principal use as a massage parlor requires that each masseuse or masseur have 500 hours of training. If the massage business is ancillary to a barbershop or beauty salon, only 150 hours is required for the personal service licenses of people in that business. 4. Certain massage activities are exempted from the licensing requirement. These activities, which are generally related to the practice of medicine, chiropracty, podiatry, and the like, or to personal trainers or physical therapists, are generally the same as those used in other cities. However, there are additional exemptions in some cities such as the exemption in New Brighton for a bona fide health club (defined as a business that has capital investment of at least $250,000 in building and fixtures and $20,000 in exercise equipment) provided massage is given in an open public area where access is not restricted by sex or limited to adults. Additionally, it seems to be increasingly common to give massage as a business promotion at such places as shopping centers and ball parks. It would perhaps be reasonable to exempt such activities from the licensing ordinance where they are given in public places, not restricted by age or sex, to fully clothed persons and limited to the scalp, neck, shoulders, arms and back. One of Mr. Opitz's specific concerns is the prohibition against operating a massage parlor within 300 feet of a residence, and certain other specified businesses. Although other ordinances I reviewed require that businesses comply with the zoning code, I found none that had similar limitations on proximity to other specified uses. If I recall correctly, New Brighton at one time had an ordinance that allowed massage to be adjacent to a residential use only if it were accessory to a barbershop or beauty salon. Although that is no longer a requirement in New Brighton, I believe that the idea was that if the use were accessory to a bona fide barbershop or beauty salon, it would be less likely to take on some of the less desirable attributes that sometimes characterize a massage parlor. Such a change would address Mr. Opitz' concern as well since I believe he proposes to operate in conjunction with a beauty parlor. Mr. Opitz' other concern was that he wished to operate his business as a home occupation. Most cities generally require that a massage parlor be operated at a commercial location. However, a few cities such as Richfield and Crystal authorize an individual holding a personal license to give CLL- 193037v 1 BR291 -4 Mr. Michael McCauley February 7, 2001 Page 3 of 3 massages at a business, public gathering, private home or other site, away from the site of the massage parlor. I would think that allowing a licensee to go from one place to another to give massages would make it somewhat more difficult for the police department to determine that the business was being conducted properly. Of the cities surveyed, only one, Shakopee, clearly allowed massage as a home occupation. Under the Shakopee ordinance, a person operating a massage business as a home occupation and complying with the City's home occupation ordinance, is not required to have a business license. The police department should be consulted for its advice on the question whether operation of a massage business as a home occupation is a matter of concern from an enforcement perspective. Please let me know if you have any further questions. Very truly yours, C3� Charles L. LeFevere CLL:lh cc: Mr. Joel Downer, Chief of Police CLL- 193037v1 BR291-4 City of Brooklyn Center A Millennium Community MEMORANDUM TO: Mayor Kragness, Councilmembers Lasman, Nelson, and P FROM: Michael J. McCauley, City Manager DATE: March 29, 2001 SUBJECT: Regional Amenities Councilmember Peppe requested inclusion on the worksession of a general discussion with the City Council of pursing regional amenities such as stadiums or other regional amenities for a potential location in Brooklyn Center. 6301 Shingle Creek Parkway Recreation 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 City of Brooklyn Center A Millennium Community MEMORANDUM TO: Mayor Kragness, Councilmembers man, Nelson, and Peppe FROM: Michael J. McCauley, City Manager DATE: March 29, 2001 / SUBJECT: Brooklyn Historical Society Books In 1999, the City of Brooklyn Center contributed $500 to assist the Brooklyn Historical Society in publishing its book. Additionally, the City has ordered three copies of the book at $29.95 each. It is my understanding that there have been some conversations about whether the City should purchase additional copies. Additional copies can be ordered if the Council wishes to have the City purchase more copies. Three copies were ordered so that we would have more than one copy. However, since we are not a library, we do not have a great use or demand for more than one or two copies of any document. It is also my understanding that the Brooklyn Center Lions Club is purchasing books for the schools and libraries. This item is placed on the Council agenda simply as a report to the Council on the previous contributions to this effort and to provide an opportunity, if the Council wishes to have one, to discuss any other course of action. 6301 Shingle Creek Parkway Recreation 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 April 1, 2001 Ms. Sharon Knutson City Clerk APR 0 2 20g,, City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 RE: DOG OWNERSHIP/KENNEL LICENSING Dear Ms. Knutson and City Council Members: It has recently come to our attention that consideration is being given to abolishing the option to obtain kennel licenses as well as limiting Brooklyn Center residents to no more than two dogs (and three cats) per household. We are writing this letter in lieu of attending this meeting as we are unable to attend in person, but wanted to voice our opinions on the matter. As you may remember, we appealed the City's decision to deny us a kennel license in 1998 in hopes of obtaining one for our three dogs. We felt strongly then and still do that residents should be allowed more than two dogs. Our reasons are as follows: ■ There is a shocking overabundance of homeless animals! This is evident when visits are made to the local animal shelters that are just brimming with animals! You cannot go shopping in many malls these days without encountering a cat or dog adoption event. We realize that city governments need to set certain limits on number of animals owned in an effort to help decrease "public nuisances." However, we believe it is the fault of the owner, not necessarily the animal, if it is a "nuisance." For example, dogs that are allowed to go outside unsupervised and /or unleashed to urinate /defecate may be more apt to bark inappropriately, not to mention leave "deposits" in the neighbors' yards. Do pet owners clean up their yards of feces on a regular basis (for esthetic reasons)? Do some owners leave their pets chained outside, unsupervised all day only to become lonely and bored? Lonely and bored dogs will bark for attention from anyone. Also, lonely unsupervised outdoor dogs may be apt to break free and run at large. Could more attention be directed toward cracking down on seemingly disinterested/irresponsible owners who allow the above incidents to happen rather than limiting responsible owners, such as us, to two dogs? We also feel strongly that animals in Brooklyn Center (or anywhere) should be spayed/neutered due to the overabundance of homeless animals, as mentioned above. Would it be unlawful for the City to require pet owners to have their animals spayed or neutered? ■ Limiting Brooklyn Center residents to two dogs will do nothing to help the homeless dog overpopulation issue. We believe that a good family who is able to care for more lk than two dogs should be allowed to give love and attention to another needy dog or two. • On that note, why is a limit of 2 dogs being considered? Why not three or four dogs? • Could the City consider requiring pet owners to attend behavior classes? If no licensing fee is o' to be required in the future perhaps money that would have � going � �P P Y gone to that could now go toward some kind of pet behavior class. For example, the Animal Humane Society offers puppy and adult do classes as well as educational g brochures regarding common behavior problems. Perhaps trained, better- educated owners would have happier pets with fewer behavior problems (and therefore fewer neighbor problems.) • We also have to mention that when we came for the kennel license appeal in 1998, NOT ONE neighbor who made an accusation as to why we should not have a kennel license showed up to state their case. It seems that if there are neighbors who are so against the granting of a kennel license, they should make the effort to speak to the Council in person regarding to explain their reasons. However, we were lucky enough to have one family come to support our request. • Keeping the kennel license option will at least enable the City to check out properties to ensure that the health and safety of the premises for the animals cared for therein will be investigated prior to granting of a kennel license. • We also feel that requiring owners who have had pets for any length of time to "find other suitable housing" is cruel, not only to the owner but to the pet as well. Bonds are made between pets and their people and it is heartbreaking to "find other suitable housing ". These pets are our "children", for some families (such as ours). Besides, might much of this "suitable housing" end up as additions to the already crowded Humane Society or other rescue shelter populations? • Can the city offer some kind of incentive to neighbors who work problems out on their own. For example, a simple statement acknowledging neighbors' success in the city Newsletter might inspire neighbors to work together. We realize that there are no easy solutions to this issue and that some, if not all, of these ideas may not be feasible, but we so strongly believe that animals deserve the right to a happy, healthy existence with owners who will love them throughout their lives. Sincerely, Jq 0")u Barb and Greg Ul rich 68:07 Emerson Avenue North Brooklyn Center, UN 55430 763 -763 -3452 Office of the City Clerk City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: April 2, 2001 SUBJECT: Animal Ordinance Attached is a copy of the section of December 11, 2000, City Council minutes relating to private kennel licenses. Also attached is the Summary of Key Observations and Conclusions from the January 23, 2001, City Council facilitated workshop with Carl Neu. The areas highlighted represent specific direction the Council has discussed regarding the City's animal ordinance. Attachments 6301 Shingle Creek Parkway Recreation 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 RESOLUTION NO. 2000 -210 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK AND, AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1999 -21, CONTRACT 99-N, MISCELLANEOUS SIDEWALK/RETAINING WALL /CURBING REMOVAL AND REPLACEMENT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 6h. RESOLUTION AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION OBSERVATION, IMPROVEMENT PROJECT NOS. 2000 -20 AND 2000 -21, CONTRACTS 2000- E AND F, BROOKLYN BOULEVARD RESOLUTION NO. 2000-211 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION OBSERVATION, IMPROVEMENT PROJECT NOS. 2000 -20 AND 2000 -21, CONTRACTS 2000 -E AND F, BROOKLYN BOULEVARD The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 6i. ADOPT 2001 CITY COUNCIL MEETING, SCHEDULE A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to adopt 2001 City Council meeting schedule. Motion passed unanimously. 7. PUBLIC HEARINGS 7a. CONSIDERATION OF PRIVATE KENNEL LICENSE APPLICATIONS -5420 FREMONT AVENUE NORTH, LYNN AMACHER -MALM - 160170'" AVENUE NORTH, DENISE MUELLER City Manager Michael McCauley discussed two appeals had been filed regarding the denial of private kennel licenses and that the public hearings for both appeals would be to render a final decision to affirm, reverse, or amend the denial for private kennel licenses. 12/11/00 -5- 5420 FREMONT AVENUE NORTH, LYNN AMACHER -MALM A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to open the Public Hearing. Motion passed unanimously. Lynn Amacher -Maim, 5420 Fremont Avenue North, addressed the Council to discuss her four dogs and to request an approval of a private kennel license. Ms. Amacher -Maim discussed that her dogs and property are well maintained. Mayor Kragness questioned the application that was submitted for three dogs and why when the property was inspected there were four dogs. Ms. Amacher -halm informed the Council that at the time she applied for the private kennel license she had three dogs and that the fourth dog was one that she had anticipated on having and was not sure of keeping it. She had received the fourth dog and would like to keep the dog so the private kennel license that she is applying for would be to keep four dogs. Her intent is not to raise dogs but to show and exhibit them and to have as pets. Council discussed the ordinance and license process. Councilmember Hilstrom raised her concern regarding the three -year period of licensing private kennel licenses when some dogs' life expectancy is a lot longer. Ms. Amacher -Mahn believes that pets should be lifetime commitments and requested that the City Council amend the ordinance regulating the three -year period of private kennel licenses. Paula Burbach, 5426 Fremont Avenue North, addressed the Council to discuss that she believes that the property is kept in good shape and that the dogs are friendly. Ms. Burbach stated that she hopes the Council will approve the private kennel license application. Pat Enninga, 5435 Emerson Avenue North, addressed the Council to discuss that she believes the property is not a problem and that she had never had a problem with the dogs. A mail carrier for the area, addressed the Council to share that she had been the mail carrier for in the area for six years and that in the six years the dogs and yard had been well maintained. Gerald Kamrow, 5447 Emerson Avenue North, addressed the Council to discuss that he was in full support of the private kennel license being approved. Nancy Benver, 5418 Fremont Avenue North, addressed the Council to say that she believes the dogs are perfect. Ms. Benver discussed that the dogs are her sons' playmates and that she would really like the dogs to be able to stay at the property. Jim Dobbins, 5419 Fremont Avenue North, addressed the Council to say that he takes care of the dogs from time to time and finds the dogs to all be nice. 12/11/00 -6- Nancy Carlson, 6024 Aldrich Avenue North, addressed the Council to question the ordinance. Ms. Amacher-Malm's husband, Tom, addressed the Council to discuss that the dogs are not allowed to bark for a period of time and that their yard is well maintained. Jessica Hannon, 5426 Fremont Avenue North, addressed the Council to state she does not usually likes dogs; however, she likes these dogs and believes that they do not bark to a great extent. With no one else appearing a motion was made by Councilmember Lasman, seconded by Councilmember Nelson to close the Public Hearing. Motion passed unanimously, Councilmember Peppe discussed this is an issue that goes back and forth. He suggested at this time the private kennel license application for Ms. Amacher -Malm is approved for a year-to -year basis and that the Council review this ordinance. Mayor Kragness stated that these are difficult issues for the Council to decide and that she agrees with Councilmember Peppe with the year-to -year renewal. She asked that the yard be maintained and that there be no additions to the four dogs. Councilmember Hilstrom stated that she believes that a license should be granted for a year-to -year basis, not to exceed three years, since the owners have proven to be responsible with the dogs and expressed that the ordinance needs to be reviewed and that a standard needs to be set. A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to reverse City Manager's decision of denial for private kennel license at 5420 Fremont Avenue North, and to approve a one -year private kennel license for four dogs that will expire December 10, 2001. Motion passed unanimously. Councilmember Peppe discussed this ordinance will be discussed in 2001. 160170'" AVENUE NORTH, DENISE MUELLER A motion by Councilmember Lasman, seconded by Councilmember Nelson to open the Public Hearing. Motion passed unanimously. Denise Mueller, 1601 70 Avenue North, addressed the Council to discuss her request for a private kennel license to keep three dogs. Ms. Mueller informed the Council that she had two dogs and that . her in -laws were moving away from their farm and had to give up their dog. When she heard they were going to have the dog put to sleep she felt like she had to take responsibility for the dog and later found out about the ordinance. Ms. Mueller stated that she is a dog lover and that she believes a pet should be for a lifetime. She is trying to find a home for the third dog and if they cannot find a home for the third dog they will install a privacy fence if needed. 12/11/00 -7- Karen Sherwood, 6939 Irving Avenue North, addressed the Council to discuss that she lives next door to Ms. Mueller and that the dogs are well maintained. Ms. Sherwood discussed that she believes the reason for the dogs barking are the children and other dogs in the neighborhood. With no one else appearing a motion was made by Councilmember Hilstrom, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. Councilmember Peppe suggested an extension of 90 days to come in compliance with the ordinance. Councilmember Hilstrom asked Ms. Mueller what the life expectancy was of the third dog. Ms. Mueller believes that the dog does not have many more years to live since the dog is 11 years old and that she will continue to look for a home for the third dog. Councilmember Lasman asked what measures are being taken to find a home for the dog and if the application is granted if she will continue to try and fmd a home for the third dog. Ms. Mueller stated that she wants the dog to be stay within the family or be given to someone she knows will take good care of the dog and that she may have some relatives that might take the dog. Councilmember Hilstrom discussed that she has been in favor of some licenses and not in favor of some licenses and that the Council needs to review the ordinance and make the ordinance an issue to be a better standard. A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to reverse City Manager's decision of denial for private kennel license at 160170"' Avenue North, and to approve a one -year private kennel license for three dogs that will expire December 10, 2001, and that Ms. Mueller continue to look for a home for the third dog and not to get another dog if one of the current dogs dies. Motion passed unanimously. 7b. DESTINATION PARK PLAN - PRESENATION BY BUD SORENSON - RESOLUTION RECEIVING DESTINATION PARK PLAN AND RENAMING CERTAIN PARKS AND THANKING THE PARK AND RECREATION COMMISSION FOR ITS INPUT Bud Sorenson, Park and Recreation Commission Chair, addressed the Council to present background information on the Destination Park Plan and request approval of the plan from the City Council. A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. 12/11/00 _g_ i tt S COMPANY CITY OF BROOKLYN CENTER, MINNESOTA CITY COUNCIL WORKSHOP January 23, 2001 SUMMARY OF KEY OBSERVATIONS AND CONCLUSIONS REACHED BY PARTICIPANTS Prepared by Carl H. Neu, Jr. January 24, 2001 0 Neu and Company and the Center for the Future of Local GovernanceTM', 2001 CITY OF BROOKLYN CENTER, MINNESOTA CITY COUNCIL WORKSHOP January 23, 2001 SUMMARY OF KEY OBSERVATIONS AND CONCLUSIONS REACHED BY THE PARTICIPANTS Prepared by Carl H. Neu, Jr. January 24, 2001 I. INTRODUCTION On January 23, 2001, the members of the City Council, City Manager, and Assistant City Manager participated in a City Council Workshop. This workshop provided an opportunity for the participants to review the_overall performance of the Council, the goals established for the year 2001, and the processes to be used for the annual goal- setting session set for August 11, 2001, and providing new Council- member orientation after the election on May 1 st to fill a vacancy on the Council. A copy of the Workshop Agenda and participant. materials is attached as Appendix A. II. KEY CONCLUSIONS AND OBSERVATIONS MADE BY THE PARTICIPANTS A. General Team Building: Review of Council Performance and Relationships 1. Council Performance: effectiveness in addressing and resolving issues. Council members were asked to identify those areas where issues have been addressed and resolved effectively and those areas where attempts to address and resolve issues may have encountered obstacles or seem to be floundering. `h -- 1 } {; Items Addressed and Resolved Issues Where Obstacles or Effectively Frustrations were Encountered • Big picture goals • Brookdale established,communicated, and being achieved • Citizen concerns seem to • Old Police Department/ be moving away from big Community Center issue items toward smaller issues and concerns indicating that citizen confidence is growing because Council is seen to be addressing big issues • Citizen satisfaction seems • ' 69th and Brooklyn io be on the increase with Boulevard fewer complaints being: received and greater focus being given by the citizens to City projects • Overall, the City is seen to • Redefining the dog be "working well" ordinance • Responding and listening to citizen input • Impact on staff time resulting from "smaller issues" • Long -term financial picture /framework • Appropriate staff alignments 2 • Review of Boards and Commissions in terms of making them more effective consistent with City needs and opportunities for citizen participation 2. Discussion pertaining to issues identified above that have not been addressed or resolved completely or have encountered certain obstacles. The following observations were made to some of the issues identified above that have encountered obstacles or have not been completed fully. a. Brookdale Essentially this is seen as the City being "locked in" to an agreement in which a number of the elements affecting the future of Brookdale are not under the City's direct control. Secondly, the City is seen not to have a long -term exit strategy-relative to the Brookdale issue. b. Old Police Department/Community Center Basically, the factors are: • There is a fixed amount of money allocated by Council to deal with the remodeling of the old Police Department and Community Center. • There are a number of unknowns and what if's that will affect potential outcomes, designs, and choices. C. 69th and Brooklyn Boulevard The following factors were identified: • Until construction is done on the 69th and Brooklyn Boulevard intersection, it is hard to address issues with high levels of confidence pertaining to land use and other factors that will occur in the area. 3 F �, • It may be appropriate "to wait" until the Boulevard construction is done before addressing subsequent issues affecting the area. d. Redefining the dog ordinance The primary issue here seems to be two -fold: • Council's comfort levels with various options available to it • Establishing a definite number of animals permitted per household • Council needs to resolve this issue quickly. The other issues on the list were discussed briefly with no specific conclusions reached as to how the issue may be resolved more quickly. 3. Working Relationships Within Council . Basically, the Council members were -unanimous. in their conclusion that working relationships within the Council are seen as being "good ". Factors that indicate relationships are.going well include: • A definite lack of partisanship within the Council • The Council's commitment to civility • Council's focus on "big picture" items. A primary factor that could affect the working relationship in the future is the introduction of a new Council member who will be elected on May 1 to fill a vacancy. This item is not seen as a negative, but a realization that whenever a new member comes into the Council, there is a period of accommodation and establishing new working relationships among all five Council members. B. Review of 2001 Goals and Approaches to Implementation The City Manager reviewed briefly the 11 goals adopted by the City Council for the year 2001. It was concluded, generally, that the goals and implementation steps were aYr.,, Additional comments were made relative to three goals: 4 1. Goal No. 1: The Council would like to have more proactive "monitoring" of developer erf ormance relative to progress being made on Brookdale. It w P P � g as recommended that, this monitoring might consist of a monthly report outlining specific progress being made. 2. Goal No. 5: This goal deals with construction of the community center and city hall. Much of the discussion relative to this is outlined above in this report. 3. Goal No. 10: This goal focuses on traffic calming efforts to be carried out throughout the City. The City Manager indicated a need for more specific information from the Police Department so that measurable and reportable efforts and plans could be established by which the Council and community -could evaluate improvements being achieved relative to the implementation of this goal. i C. Discussion of Annual- Goal - Setting Session An outline of the process that was used for establishing goals for the year 2001 was reviewed. Council concluded that the same format for establishing goals should be used at the August 11, 2001,. goal - setting session. D. New Council Member Orientation Council members concluded that the policies and procedures established for providing information to Council member candidates and newly - elected Council members should be the same as used for Council elections conducted in November, 2000. E. District 286 Elementary School and Grand View Park The City Manager presented some conceptual ideas pertaining to how the City and the School District could work together to create constructive options beneficial to both j urisdictions. Council concluded that the Manager should explore these-options with the District and report back as to what opportunities have been identified warranting future consideration by the City and the School District. 5 r APPENDIX A CITY OF BROOKLYN CENTER, MINNESOTA CITY COUNCIL WORKSHOP January 23, 2001 2:00 - 8:00 p.m. WORKSHOP AGENDA 1. General Team Building a. Approaches to issues as a Council i. How are we doing? ii. What would we like to be doing? - 2. Review 2001 Goals and approaches to implementation a. Council roles in achieving b.. Staff roles 3. Discussion of annual goal setting session a. Format from last year b. Any changes/additions 4. New Council Member orientation a. Guidelines for providing information to Council candidates b. New Council Member orientation c. Staff information to be assembled and provided to the new Council Member 5. District 286 elementary school and Grandview Park 6. Other issues 7 City of Brooklyn n Center A Millennium Community MEMORANDUM TO: Mayor Kragness, Councilmembers Lasman, Nelson, and Peppe FROM: Michael J. McCauley, City Manager DATE: March 29, 2001 SUBJECT: Animal Ordinance Changes Attached please find the materials that were previously provided to you in a Council meeting report. This item is on a worksession so that the Council can provide additional direction to staff as to the direction to you would like us to go in preparing materials for formal consideration by you. 6301 Shingle Creek Parkway Recreation 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 Office of the City Clerk City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: March 7, 2001 SUBJECT: An Ordinance Amending Chapter 1 of the City Ordinances Regarding Private Kennels An Ordinance Amending Chapter 19 of the City Ordinances Regarding Limitations on Keeping of Animals In May 2000 I reviewed a number of metro city ordinances relating to number of animals allowed to be kept in a residential area and- compared them to Brooklyn Center's ordinance relating to animals. Attached is a copy of the memo dated May 5, 2000, along with the city ordinance comparison. During 2000, there were several applications submitted for private kennel licenses. All license applications were denied by the City Manager, however the applicant was given a period of time (6 to 12 months) in which to come into compliance with the City Ordinance. All applicants, with the exception of one, appealed the City Manager's decision and requested a public hearing before the City Council. The City Council has directed staff to prepare an ordinance amendment which would remove the private kennel license option and limit the number of dogs to two per residential household, provided, however, it would exclude those persons who were issued a private kennel license by the City Council prior to January 1, 2001. There are two Chapters in the Brooklyn Center Ordinances which contain language limiting the keeping of animals, Chapters 1 and 19. Attached are two ordinances which would amend the language in both Chapters to limit the number of animals to two (2) dogs per household and three (3) cats per household [note, this ordinance allows a five (5) animal combination of two (2) dogs plus three (3) cats]. I also added more specific language in Chapter 19 regarding types of animals which are considered public nuisances. City Attorney Charlie LeFevere has reviewed the two ordinance amendments and his suggested language is included. Following is a list of the private kennel license holders and status of each. Gregory Ulbrich, 6807 Emerson Avenue North, to keep 3 dogs i St 1 approval — 8/10/98, good through 8/10/99 2 nd year approval — 6/28/99, good through 8/10/2000 3` /final approval — 9/11/00, good through 8/10/2001 (this is the final license approval, and the applicant must be in compliance with the City Ordinance by 8/10/2001) 6301 Shingle Creek Parkway Recreation and Communit y 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 Memo to Michael J. McCauley Page 2 March 7, 2001 Jeanne O'Brien, 6730 Drew Avenue North, to keep 3 dogs 1st approval —1 /10 /2000, good through 1/10/2001 There is potential for two more years of approval which would bring final compliance 1/10/2003. John Procter, 6025 Halifax Avenue North, to keep 3 dogs 1 approval — 8/28/2000, good through 8/27/2001 There is potential for two more years of approval which would bring final compliance 8/27/2003. Lynn Amacher -Maim, 5420 Fremont Avenue North, to keep 3 dogs 1 approval — 12/11/2000, good through 12/10/2001 There is potential for two more years of approval which would bring final compliance 12/10/2003. Denise Mueller, 1601 70 Avenue North, to keep 3 dogs 1 approval — 12/11/2000, good through 12/10/2001 There is potential for two more years of approval which would bring final compliance 12/10/2003. Attachment Office of the City Clerk City o f Brooklyn Center A great place to start. A great place to stay. MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: May 5, 2000 SUBJECT: Chapter 1 of City Ordinances Relating to Animals (dogs and cats) Chapter 1 of the City Ordinances regulates the number of animals (cats and dogs) a resident is allowed to keep and also provides for private kennel licenses for residents who keep more than the allowed number of animals. Over the years there have been numerous amendments to the ordinance to clarify the intent of the ordinance which is to limit the number of animals in a residential area but provide a time period which allows residents to come into compliance with the ordinance (issue private kennel license). The procedure for considering a private kennel license is unclear as it relates to the criteria for which the license is either approved or denied. The City Manager can either approve or deny the license, and based on the intent of the City Ordinances to limit the number of animals a resident is allowed to keep, the City Manager has denied issuance of the license. However, a resident can appeal to the City Council and request a public hearing. Neighbors within 150 feet of the applicant are notified and surveyed regarding the private kennel license application. The survey is a tool which helps to determine if there are issues related to dogs which are public nuisances (i.e., dog feces, barking, running at large, biting, etc.). The Police Department conducts a records check on animal complaints at the property address, and the Community Development Department conducts an inspection for health and safety issues. When an appeal is received and a public hearing is requested, the City Council must review the information submitted, receive public input, and either approve or deny the license application, with or without additional conditions. The decision to approve or deny a private kennel license is based on the information submitted; however, the criteria used to determine approval or denial is not consistent. For a period of time there was consistency among Council Members to deny private kennel licenses based on the intent to limit animals in residential areas. At the last public hearing for a private kennel license, the application was approved even though there were neighborhood surveys returned claiming public nuisances. Attached is a matrix which depicts a few other metro area city ordinances relating to limiting cats and dogs and private kennels. History of Brooklyn Center's Animal Ordinance In reviewing amendments to the City's animal ordinance, following is a brief recap relating to private kennel licenses/keeping of animals. 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer Memo to Michael I McCauley May 5, 2000 Page 2 • Current - Chapter 1 of the City Ordinances provides that a family may obtain a private kennel license to have more than two dogs exceeding six months of age; private kennel license not to exceed three years. The application is forwarded to the City Manager for approval or denial. The applicant may request a public hearing before the City Council if the City Manager denies the license. • May 13, 1991 - Chapter 1 amended to authorize the City Manager to approve or deny private kennel licenses instead of a required public hearing before the City Council. The applicant may request a public hearing before the City Council if the City Manager denies the license. • September 27, 1982 - Chapter 1 amended to allow private kennel licenses to be issued to a person with more than two dogs exceeding six months of age. The process required a public hearing before the City Council. Language regarding keeping of dogs was amended to allow a family to keep no more than two dogs exceeding six months of age on the family premises without obtaining a private kennel license, not to exceed three years. • August 19, 1974 - Chapter 1 amended to allow no more than two dogs exceeding six months of age on the family premises —no private kennel licenses addressed in ordinance. • Prior to August 1974 - Chapter 1 provides for kennel license which requires every person who owns or keeps three or more dogs exceeding six months of age to obtain a kennel license —the maximum number of dogs permitted to be kept in a licensed kennel is five—any person may apply for special permission to keep more than five dogs, but not to exceed ten. The length of time the applicant has to keep more than three dogs is not addressed. Other City Ordinance Regulations on Private Kennels Following is a summary of the ordinances for the cities of Coon Rapids, Crystal, Fridley, and Maple Grove relating to procedures for kennels. Coon Rapids , 'Multiple Pet Location is the term used for residential kennels *Multiple Pet Permit is issued rather than license •Multiple Pet Permit may be issued provided the property is five (5) acres in size and the proposed operation will not adversely affect surrounding properties -Fencing is required for Multiple Pet Permit; however, it excludes cats -Dog housing and runs must be a minimum of 10 feet from property line -Applicant must state method used to keep premises in a sanitary condition -Applicant must state method used to keep animals quiet -City Council public hearing is required and shall take into consideration the following: ■adequacy of housing and space for the animals Memo to Michael J. McCauley May 5, 2000 Page 3 ■methods to be used for sanitation control and to maintain quiet ■quality and height of fencing or the adequacy of an alternative confinement method ■with respect to an initial permit, any complaints, stated with particularity, regarding the applicant's keeping or maintenance of animals at the premises ■with respect to a permit renewal, any violations or complaints stated with particularity during the previous permit period Note: Coon Rapids City Ordinance has a good introductory paragraph regarding limiting animals as follows: Because the keeping of three (3) or more dogs, cats, or any combination thereof, on the same premises is subject to great abuse, causing discomfort to persons in the area, by way of smell, noise, hazard, and general aesthetic depreciation, and because the irresponsible maintenance of three or more animals within a residential area has been the source of a variety of complaints, the keeping of three (3) or more dogs, cats, or any combination thereof, one (1) premises is hereby declared to be a nuisance. Crystal -Private Kennel License is term used for kennels *Maximum number of dogs or cats that may be kept in a private kennel is five (5) -Private Kennel may not be located within 50 feet of an existing restaurant -City Council may require that an applicant for a private kennel license show evidence that abutting property owners have been informed of applicant's intentions Fridley -Kennel License is term used for kennels -Applicant must be 200 feet from public place where food is bought, stored, or eaten and from any building structure suitable for human habitation -Fencing is required and must be of such quality and design so that it will contain the dogs /cats -Applicant must state method to be used in keeping the premises in a sanitary condition - Applicant must state method to be used in keeping the dogs and/or cats quiet *City has discretion in issuing he Kennel License and shall take into consideration the adequacy of g q Y housing, g, runs for the animals the method used for sanitation the method used to kee p the animals quiet, the facilities for containing the animals and with particularity, any violations during the previous license period Maple Grove •Private Kennel License is the term used for kennels -No more than 3 dogs may be kept •No more than 3 cats may be kept •Kennel shall be maintained in a clean and quiet manner •Inspection of the premises required -Police Chief issues the private kennel license, no prior Council action Memo to Michael J. McCauley May 5, 2000 Page 4 Under the ordinances of the cities of Coon Rapids and Fridley with the five -acre minimum lot requirement and 200 -foot distance requirement, there would be very few, if any, residential properties in Brooklyn Center which would meet the distance /acreage requirements to be granted a private kennel license. Other Ordinance Modifications for Consideration In reviewing the other metro city ordinances, I noticed language which defined animals which are prohibited or considered public nuisances. Brooklyn Center Ordinances do not specifically list animals which are prohibited or considered, public nuisances. Chapter 1 deals with cats and dogs; Chapter 19 deals with public nuisances. The City receives inquiries regarding keeping other types of animals besides cats and dogs. Some of the more recent calls related to llamas, pot belly pigs, ferrets, and ostriches. The Customer Service Representatives refer to the City Ordinances and decipher whether or not certain types of animals fall into the public nuisance category. It would be beneficial for the Customer Service Representatives to be able to identify what animals are specifically listed in the ordinance as prohibited, with the understanding that all types would not be listed. Brooklyn Center Section 19 -104 reads as follows: Section 19 -104. LIMETATIONS ONKEEPING OFANIMALS. It is hereby declared to be a public nuisance to permit, maintain or harbor any of the following: 1. Three or more dogs, six months old or older, unless a kennel license is obtained 2. Four or more cats six months old or older, unless a kennel license is obtained. 3. Chickens and other domestic fowl. 4. Live wild animals not native to Minnesota, except household pets confined to a cage within a dwelling. S. Live wild animals native to Minnesota which in their wild state pose a threat to humans or domestic animals, including but not limited to, wolves, bear, cougar, lynx and bobcat. 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. Following are excerpts from ordinances from other communities which specify types of animals considered to be dangerous, wild, or non - domestic. Anoka -No pig, horse, sheep, bear, lion, tiger, leopard, puma, lynx, ocelot, jaguar, cheetah, goat, swine, mule, wolf, cattle, or any animal of vicious habits or likely to cause injury to any person shall be kept within the city limits. Champlin -No person shall keep, harbor, or maintain care, custody, or control over any horse, cow, sheep, pig, goat, or any other hoofed animal, chicken, duck, goose, or other agricultural animal or fowl any place in the City. No person shall keep, maintain, or permit to be kept within the City any of the Memo to Michael J. McCauley May 5, 2000 Page 5 following animals: wild animal, reptile or fowl which is not naturally tame or gentle but is of a wild P � Y g nature or disposition in which because of its size, vicious nature, or other characteristics would constitute a danger to human life or property. Examples of such wild animals are (but not limited to these examples): bears, lions, tigers, jaguars, leopards, cougars, ocelots, wolves, foxes, coyotes, dingoes, jackals, bison, panthers, apes, large alligators and crocodiles (bigger than four feet in length), rattlesnakes, coral snakes, water moccasins, cobras, raccoons, ferrets, and skunks. Fridley -No person shall keep P t3' A or allow to be kept in the City: animal of a vicious nature or with a ) any propensity, tendency, or disposition to attack, to cause injury or to otherwise endanger the safety of human beings or domestic animals; or B) any animals which attacks a human being or a domestic animal on two or more occasions without provocation or on a single occasion where substantial bodily-harm on a human being is inflicted without provocation; or C) any non - domesticated animal not naturally tame or gentle, but is of wild nature or disposition, including any of the following: (a) any animal or species prohibited by federal or Minnesota Law; (b) any non - domesticated animal or species, including, but not limited, to the following: (1) any skunk, whether captured in the wild, domestically raised, de- scented or no de- scented, vaccinated against rabies or not vaccinated against rabies; (2) any large cat of the family Felidae such as lions, tigers, jaguars, leopards, cougars, and ocelots, except commonly accepted domesticated house cats; (3) any member of the family Canidae, such as wolves, foxes, coyotes, dingoes, and jackals, except commonly accepted domesticated dogs; (4) any poisonous snake, pit viper or constrictor, such as a rattle snake, coral snake, water moccasin, cobra, boa constrictor, or python; (5) any raccoon; (6) any other animal which is not listed explicitly above, but which can reasonably be defined by the terms of this code, including bears and badgers. Golden Valley - "Farm Animals" defined: cattle, horses, mules, sheep, goats, swine, ponies, ducks, geese, turkeys, chickens, guinea hens, and honey bees. - "Animals" defined: includes farm animals and all other animals, reptiles, and feathered birds or fowl except dogs, cats, gerbils, hamsters, and cages household birds. -It is unlawful for any person to keep or harbor any animal, not in transit, except (1) animals kept as part of a show licensed under the City Code, or (2) animals used in a parade for which a permit has been issued, or, (3) animals kept in a laboratory for scientific or experimental purposes, or, (4) animals kept in an animal hospital or clinic or treatment by a licensed veterinarian. Brooklyn oklyn Center s regulations and procedures for private kennel licenses are quite different from those of other cities. Each City Ordinance is unique in its regulation of animals and was probably created based on the needs of the City, changing zoning classifications, and resident situations. If you would like to explore an ordinance amendment to the City's animal ordinance, please advise. Comparison of City Ordinances Relating to Dogs and Cats Brooklyn Center Anoka Brooklyn Park Champlin Coon Rapids Crystal Fridley Golden Valley Maple Grove Minnetonka New Hope 1. Limit on Number of Animals 2 dogs; 3 cats 3 dogs; 3 cats 3 dogs; 3 cats 2 dogs; 2 cats 2 dogs; 2 cats 2 dogs; 2 cats 3 dogs; 3 cats 3 dogs; 3 cats 2 dogs; 2 cats 2 dogs; 5 cats 3 dogs; 3 cats 5 animal combo. 6 animal combo. 3 animal combo. 3 animal combo. 2 animal combo. 2 animal combo. 3 animal combo 6 animal combo 4 animal combo 5 animal combo 6 animal combo 2. Kennel License for Excess yes not allowed not allowed not allowed yes yes yes not allowed yes not allowed not allowed 5 acre minimum 5 animal 200-ft. distance residential lot limit requirement size 3. Time allowed to keep litter 6 months 3 months 6 months 6 months 6 months 3 months 6 months 90 days 6 months 6 months 6 months of pupslWttens 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 the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending Chapter 1 of the City Ordinances Regarding Private Kennels. 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 CHAPTER 1 OF THE CITY ORDINANCES REGARDING PRIVATE KENNELS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 1 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: Section 1 -101. DEFINITIONS. The following terms, when used in this ordinance, have the meanings ascribed to them: 9---- a X ej .we 31--3. or. fouf or. me-re e-mt-s six months old or- older-, am kept or- harbored as pets pu.Te -9 Under Restraint means an animal that is controlled by a leash or at heel beside a competent person having custody of it and obedient to that person's commands, or within a vehicle being driven or parked on a public street, or if it is within the property limits of its owner's premises. Section 1 -102. LICENSES REQUIRED. T iev m3 . Every per-son epemfing or- maiawning a private kennel shall amually obtain from the City Clerk, upon authorizatien by the Cie », a° Section 1 -103. LICENSE FEES. The license fee for each dog license, each commercial kennel license, , ach duplicate license, each renewal license, each impounding penalty, and the late penalty described herein shall be as set forth by City Council resolution. ORDINANCE NO. 2. Refunds, Prorating, and Transfers. No dog license fee, or commercial kennel license fe or nr:x>ate yeaa Loans f ee shall be refunded or prorated, the provisions of Chapter 23 of Brooklyn Center Ordinances notwithstanding. No license required hereunder shall be transferable. Section 1 -105. APPLICATION PROCEDURES AND ISSUANCE OF LICENSES. Applications for all licenses required by this ordinance shall be made to the City Clerk. 5. AHD . a� t:al app } a � . r 1G�l il. aittbYCCI./�l `✓i1GC.1 ✓.1tAT 1hn r+nmo wrd rncc+ A f the applireant DD l. enn l loGat a n lre tAll rr dr a, x 4ag nT the pfopese des* • bing =ai u ozcvscx: ox arcc+> axSox czzo- pzvpvvva k ennel avooxzvax� nons#w,tina aarrnvimate n«mlamer of 7 operation and the an t 1+ Go-M-ed 4 - h- teg@•th *Ath th eir- ag6, br eed, —and- sex. Proof o ^ s ani ma! ar:d4h# annliG.ahle lino t n 1. rp :zoav 1�l�St s'�R6Al��a�t�� a����6 &t16� �16 jea th an seve (7) days after -r-eceip of the app a p4vate. men e lir.onse e mere of prep", ` • thin 1 /l C fee4 of the pr - opew Fennel le Th T e failure of T t rene i ve sunh netke shall net i th any prongs: b. Consideration P-re -Less. A �Fi'�c'��P y - xcvs^a^xv 4G@nse ..nr 4Gati sha be referred tr tl t +e l�++l�lin T�eol+l+ < +arias <z>l+n l+all re >ie <:> l+e ennel av co azv z avxxv xzvarax vvsavxzxaxx rrxxv �xxcsxx xo �zv+� axv �cc�xox Al t-h@ ad @qu —,wy th "ge€ lAthin kRa een (14) days r- the Retire -of appliG n is -mailod to area prepeAy emsm, the City Mapager or- City Manarer!a denign@e shal r the U<+l alin 1'4ealth Cani+ riaa�n wpeft, Granite* ya4 -- en nrw i app licant and any rtl� 7 and either apprev@ or- do" th@ appliGation. "Within f o++*teen r1 A\ d ays aft er t netiGe of t h e r M anage 2a d enisir yy , €i er any �3nmay re o�1� 1' tag dgsisi sul be changed: - A v.4-i-ttNR F-eq • the hearin u lie renewed by the City Man ager <rithin o++nl7 f n++rteen !1 dl d ays . liollo<x>mg the p++b4 1 ' eari5g, t Avvi oinn re <>eraipG aff+rrai nr amending nr tl+e denioirn n -- f - tl<e (ritc> Manager-. 7 n/r 7 ORDINANCE NO. G. Standards f er Approval CIt- ManagNr may approv@ the prut,� ke- lisa.,so ,na may , each to —sil arpr City Managof may deny a paiv_ato ka-B—no-A lkonso upon fmiding that the e a publi The of approval a jio��RA4 e a m. emsrand -ef ss. d. R ef-Ii . A Co „f th „ri 3vate 1 line shall 11 sh9 m a r zglstef of k l liGeases. SubjecA to any -t ime RNA by the City Maaigop, -az ° v ,riha t set fe#h by City Cou nil r sekA , on i., the, Gye t no n 3 mp!aint yeas: in tha PA"Ant 4:4t nA ravye6a n ' ..f t140 linr�ao�q.� o n Gentemplated by the City Manager-, the y rr e shall t 0. Lironse aS. :P. the. eat a eenVIN—aint boo-p- by City C;Iffk and the City Caumil may dimGt the applirapt to appear to fe for 44glatign of this Ardina inn ( tt.� T2r no1r1 <m Cantor Ordi amos, 9r. any wadition imposed At the, time of issmange - R ^ I? gP_ TKE"' ZTUEES. _ pl4yato � Gees# l 4s o as to " �7i ° ey4pA - ths ° [a.1�i�' G'I 'm A.K.�'ing at large. PTV�,Zsioa Must b m to i4esholwf during imlement v Every priA.xata, kgnnp-1 shall be kept in good repair-and nirtoivnil ir, � nlnor ns,rl nn i+ res nnnllitie�N T+ al�oll 1.n ..,,ln :.a,l t£ l�t}.�Yi't�'t���- a�r�at� nease i fTm to 1 , u ORDINANCE NO. Section 1 -107 is renumbered to Section 1 -106. Section 1 -109 KEEPING OF DOGS IS LIMITED. Because the keeping of three (3) or more doss in the family dwelling unit or on the family premises is subiect to great abuse, causing discomfort to persons in the area, by way of smell, noise, hazard, and g eneral aesthetic depreciation. and because the irresponsible maintenance of three (3) or more dogs within a residential area has been the source of a variety of complaints, no family or family member shall keep, harbor, or have custody of more that two (2) dogs exceeding six months of age in the family dwelling unit or on the family premises. Provided, however, those persons who were issued private kennel licenses prior to January 1, 2001, shall be excluded from this provision until that time when their private kennel licenses expire. shall keep, hatber- or- ha-ve, Gustedy of mom than Uw dogs exGeediag six months of age in the fam4y dwelling ,,,,;+ -a a g - PM; ded lroweyex the said f am il y- 3: famil n�irr.nan of r.rn <„ilir n o r.n • nrl of 4;mn rent to •n nil tl�rnn �n�n..±;.n., Zn �. Y Y Y tl,o Anna non be nno ofnl > a nd h raanel�, har hnrnil a S l O'S� ll '7 > Section 1 -10 -9 KEEPING OF CATS IS LIMITED. Because the keeping of four (4) or more cats in the family dwelling unit or on the family premises is subiect to great abuse, causing discomfort to persons in the area. by way of smell, noise, hazard, and general aesthetic depreciation, and because the irresponsible maintenance of four (4) or more cats within a residential area has been the source of a variety of complaints, no family or family member shall keep, harbor, or have custody of more than three (3) cats exceeding six months of age in the family dwelling unit or on the family premises. er shy' k9ep, harbsf or- ha-v@ raugedy of �� or more Gats expeading six months of age in the family dwell�ag unit er on the fo p mmisos 'a L 4 C1 1ht a h • �i a �]t� "' a km Provided 7 rnrioil oftime t tn nn rl three' spun --, it V ' Y 1 7 not 1 1 safely aPA hu man 4 y r 1 umad Sections 1 -110 through 1 -120 are renumbered to 1 -109 through 1 -119, respectively. ORDINANCE NO. 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 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 the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 19 of the City Ordinances regarding limitations on keeping of animals. 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 CHAPTER 19 OF THE CITY ORDINANCES RELATING TO LIMITATIONS ON KEEPING OF ANIMALS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 19 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: 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. Three (3) or more dogs-, six (6) months old or older, lin- obtained. Provided, however, those persons who were issued private kennel licenses vrior to January 1, 2001, shall be excluded from this provision until that time when their private kennel licenses expire. 2. Four (4) or more cats six (6) months old or older, ebbed. 3. . Horses, cows, sheep, pigs oats swine g , , mules, llamas, or other hoofed animals, chickens, ducks, geese, or other agricultural animal or domestic fowl., 4. Live wild animals, reptile, or fowl, which are not naturally tame or gentle but are of a wild nature or disvosition in which 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, iaguars, leopards, bobcat, cougars, cheetahs, lynx, ocelots, wolves, foxes, covotes, dingoes, iackals, bison, panthers, apes, badgers, raccoons, ferrets,_ skunks,_ puma, rattle snakes, coral snakes, water moccasins, or cobras. ORDINANCE NO. . 6: 5. 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. 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 Date of Publication Effective Date (Strikeout indicates matter to be deleted, underline indicates new matter.) Office of the City Clerk City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager - FROM: Sharon Knutson, City Clerk Axt 1 DATE: March 7, 2001 SUBJECT: Memorandum from Police Chief Joel Downer Regarding Suggested Ordinance Language Amendments to Eliminate Dog Licensing Attached is a memorandum from Police Chief Joel Downer with suggested language amendments to Chapter 1 of the City Ordinances. Chief Downer's recommendation is to eliminate dog licensing in Brooklyn Center. His memorandum references that the City of Minnetonka has eliminated dog licenses. I've attached a copy of the City of Minnetonka Council minutes regarding the elimination of dog licenses. I have also learned that the City of New Brighton does not license dogs either. The table below illustrates that revenue from dog licensing has decreased substantially since 1997, which may indicate that dog owners are not purchasing a license as required by ordinance. I ion= 1997 $8,872 1998 $5,909 1999 $5836 2000 $3,866 This item is for discussion by Council.- If the Council would like to include the suggested language amendments to Chapter 1 of the City Ordinances as suggested by Chief Downer, staff could incorporate the amendments into the draft ordinance amendment regarding private kennels. Attachment 6301 Shingle Creek Parkway Recreation 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 )7 Brooklyn Center Police Department Impounded Animals 1999 2000 Dogs - Unspecified Breed 35 15 Bassett 1 0 Beagle 2 0 Boxer 1 1 Bulldog 1 0 Cockerspaniel 2 0 Collie 1 0 Dachshund 0 1 Doberman 1 0 German Shepherd 1 3 German Short Hair 1 1 Golden Retriever 1 0 Husky 0 3 Labrador Retriever 18 3 Malamute 3 0 Pit Bull 2 1 Poodle 1 3 Pug 2 0 Rottweiler 1 3 Sheltie 3 0 Springer 1 2 TOTAL Dogs Impounded 78 36 Dogs With Tags 13 0 Type of Tag: * ** Brooklyn Center License 4 No Minneapolis License 2 Identifiable Veterinary Tags 5 Tags ID fags 2 * ** Cats Impounded 32 43 Wildlife Impounded 11 10 Crow 0 1 Duck 4 2 Pheasant 0 1 Pigeon 1 0 Rabbit 3 3 Raccoon 3 1 Squirrel 0 1 Turtle 0 1 * * Wildlife is transported and released to nature in the nearest wildlife area. Of the dogs impounded, less than 50% are claimed. The remainder are either sent to the Humane Society or euthanized. 90% of owners claiming their dogs are unable to produce proof of rabies vaccination. All dogs must be vaccinated against rabies and licensed before they are released from impound. BROOKLYN CENTER *�o�Yb ANT F9 POLICE DEPARTMENT POLICE MEMORANDUM TO: City Manager Michael McCauley FROM: Joel Downer, Chief of Polic DATE: February 27, 2001 SUBJECT: Brooklyn Center Ordinance Chapter 1 - Animals I propose the following changes to Chapter 1. Section 1 -101 /Definitions Eliminate paragraph 8. Section 1 -102 / Dog Licenses Paragraph 1 - Eliminate dog licensing in the city of Brooklyn Center. Few dog owners in the city of Brooklyn Center purchase a license as required by this section. Other sections regarding the conduct of the animal and the owner seem to be a more effective means of animal control. The City of Minnetonka does not require dogs to be licensed and has not had a significant problem with animal control. Paragraph 2 - Change to paragraph 1. Paragraph 3 - Eliminate. Section 1 -103 / License Fees The license fee for each commercial kennel license, each duplicate license, each renewal license, each impounding penalty and the late penalty described herein shall be set forth by City Council Resolution. Eliminate paragraph 1. Change paragraph 2 to paragraph 1. Refunds prorating and transfers - no commercial kennel license fee shall be refunded or prorated, the provisions of Chapter 23 of Brooklyn Center Ordinances notwithstanding. No license required hereunder shall be transferable. Memorandum Page 2 Section 1 -105 / Application Procedures and Issuance of licenses Eliminate paragraphs 1, 2, 3, and 5. Section 1 -106 Eliminate this section. Additional Section - Rabies Vaccin Req Paragraph 1 A person who owns, harbors or keeps a dog over six months old within the city must have the dog vaccinated by a licensed veterinarian with an anti - rabies vaccine that is currently effective. Paragraph 2 A vaccination certificate is valid only for the dog and owner to which it is issued. A person must not use a rabies vaccination certificate for a different dog than the one for which it was issued. Additional Section - Taga A person who owns, harbors or keeps a dog over six months old within the city must securely attach an identification tag or plate to the dog's collar so that it can be readily seen. The tag or plate must contain the name and home telephone number of the owner or other person who is keeping the dog. The identification tag or plate must be worn by the dog at all times when it is off the owner or keeper's property. JD:kh American Legal Publishing http: // 209.48.87. 250/ minnetonka _mn ... ument- frame.htm &q= dog &x = Simple &2.0 12. INTRODUCTION OF ORDINANCES: A.INTRODUCTION OF AN ORDINANCE ELIMINATING DOG LICENSES. "City Attorney Desyl Peterson introduced this item. She noted that police staff estimate that there are approximately 14,750 dogs in Minnetonka, but only 2,000 dogs are licensed. The police staff felt that this indicates that the dog licensing program is not serving the citizens well. One of the intended goals of licensing was to provide a way to identify stray dogs so that they could be returned to their owners. Staff recommended that licenses be eliminated, and that the ordinance instead require that dogs wear an identification tag which would give the owner's name and phone number. Peterson said that another city eliminated licenses and requires that dogs wear their vaccination tags. The Minnetonka Police staff recommended identification tags instead because the vaccination tag would not provide information about the owner, and that information could only be obtained from the veterinary hospital that administered the vaccination. She noted that such hospitals are often not open on weekends or evenings which delays the return of animals to their owners. 'Anderson noted that staff was recommending significant community education if this ordinance is adopted. ed. Peterson said that � t3' p t the Police staff is anticipating quite a bit of publicity through the Minnetonka Memo and the 2001 Summer Festival. She said that tags are available at most pet food stores. Schneider supported the concept and said that it was long overdue. He suggested using utility bill inserts to publicize the program, and asked if a coupon could be offered to increase participation. Peterson said that the Humane Society offers a tag program, and that it might be appropriate to include that information in the utility bill notice. Callison asked if this measure would cause a loss in revenue from the licensing fees. Rikala said that licenses are currently $14 and are good for two years. This generates about $14,000 in revenue, but the revenue is offset by the staff time involved in the paperwork and postage. Anderson asked about penalty provisions. Tauer suggested requiring both a vaccination tag and an identification tag. Rikala said that staff could explore those options. . Thomas asked about the number of dogs impounded each year. Rikala said that about 200 dogs were impounded during the last year, and that about 11 were not claimed. Peterson responded to Anderson's question about penalties, stating that the proposed ordinance requires tags so violations could be referred to City Court. She also noted that the Police staff makes a concerted effort to place unclaimed animals in homes. Thomas suggested that staff explore alternatives to tags, such as tattoos and micro - chips. Rikala said that tattoos are not placed in standard locations so they would not be acceptable, but imbedded micro -chips might be an option. Thomas suggested that the ordinance specifically address whether or not these methods are allowed. Anderson asked for council feedback on the issue of requiring a vaccination tag, or an identification tag, or both. Schneider said that he has two small dogs and would not like to have them wear two tags each because of the noise. Koblick agreed with ordinance recommendation and a one identification tag requirement. Thomas said that jingling tags can be desirable for sporting dogs. He also noted that sporting dogs wear 1 of2 AIMI/Inffl ')•IAnrn f American Legal Publishing http: // 209.48.87. 250 /minnetonka mn...ument- frame.htm &q = dog &x = Simple &2.0 wider collars which can accommodate a nameplate, and asked that nameplates be addressed in the ordinance. Callison supported one tag and the ordinance. Allendorf supported the ordinance change and requiring only one tag. Schneider moved, Thomas seconded a motion to introduce an ordinance amending Minnetonka city code sections 925 and 710 regarding licensing of dogs. All voted `aye'. Motion carried. 2 of 2 nvn i i , )nn i , )• 1( px4 CHAPTER 1 - ANIMALS Section 1 -101. DEFINITIONS. The following terms, when used in this ordinance, have the meanings ascribed to them: 1. Animal. Animal means dogs and cats. 2. Animal Control Officer., Animal Control Officer means that person or agency designated by the City Manager to control the keeping of animals within Brooklyn Center. 3. At lame means an animal that is off the property of its owner and not under restraint. 4. Commercial Kennel.. Commercial Kennel means any place limited to C2, I -1 and I -2 zoning districts where the business of keeping, raising, selling, boarding, breeding, showing, treating, or grooming of dogs and other animals is conducted, including pet shops, animal hospitals and other similar establishments. 5. Family. Any of the following definitions shall apply: a. A person or persons related by blood, marriage, or adoption, together with any domestic servants or gratuitous guests, maintaining a common household in a dwelling unit; b. Group or foster care of not more than six (6) wards or clients by an authorized person or persons, related by blood, marriage, or adoption, together with any domestic servants or gratuitous guests, all maintaining a common household in a dwelling unit approved and certified by the appropriate public agency; C. A group of not more than five (5) persons not related by blood, marriage, or adoption maintaining a common household in a dwelling unit. 6. Owner. Owner means any person or the parent or guardian of a person under 18 years of age who owns, keeps, or has custody of an animal in the City of Brooklyn Center. 7. Person. Person means any person, firm, corporation, partnership, joint venture or association. 8. Private Kennel means any premises zoned or used for Rl and R2 purposes, as defined in the Brooklyn Center City Ordinances, on which three or more dogs or four or more cats six months old or older, are kept or harbored as pets and not for selling, boarding, showing, treating, grooming or other commercial purposes. City of Brooklyn Center 1 -1 City Ordinance 9. Under Restraint means an animal that is controlled by a leash or at heel beside a competent person having custody of it and obedient to that person's commands, or within a vehicle being driven or parked on a public street, or if it is within the property limits of its owner's premises. Section 1 -102. LICENSES REQUIRED. 1. Dog Licenses. No person shall own, harbor, keep or have custody of a dog over six months of age within the City of Brooklyn Center unless a current license for such dog has been obtained as provided in this ordinance. Each license shall be valid for the duration of the effective period of the dog's rabies vaccine as stated in the Compendium of Animal Rabies Vaccines published by the Conference of State Public Health Veterinarians and the Center for Disease Control of the Department of Health and Human Services. Dogs kept in a commercial kennel need not be individually licensed. 2. Commercial Kennel License., Every person operating a commercial kennel shall annually obtain from the City Clerk, upon authorization by the City Council, a commercial kennel license. Commercial kennel licenses shall be posted in a conspicuous place within the licensed premises. 3. Private Kennel License. Every person operating or maintaining a private kennel shall annually obtain from the City Clerk, upon authorization by the City Council, a private kennel license. Section 1 -103. LICENSE FEES. The license fee for each dog license, each commercial kennel license, each private kennel license, each duplicate license, each renewal license, each impounding penalty, and the late penalty described herein shall be as set forth by City Council resolution. 1. Late Penalty. 'If any license required hereunder is obtained while the dog is impounded by the City, or after the required licensing period has commenced, there shall be added to the regular license fee, a late license penalty as set forth by City Council resolution, provided, however, that any person who acquires a dog after the start of a license year, or any person who owns, keeps, harbors, or has custody of a dog at the time of becoming a resident of the City, shall be allowed 30 days to secure a license, without incurring any late license penalty. 2. Refunds, Prorating, and Transfers. No dog license fee, commercial kennel license fee, or private kennel license fee shall be refunded or prorated, the provisions of Chapter 23 of Brooklyn Center Ordinances notwithstanding. No license required hereunder shall be transferrable. City of Brooklyn Center 1 -2 City Ordinance Section 1 -104. VACCINATION REQUIRED. The owner of every dog in Brooklyn Center shall cause such dog to be currently vaccinated for rabies. A certificate of vaccination or other statement of the same effect executed by a licensed veterinarian shall constitute prima facie proof of the required vaccination. Section 1 -105., APPLICATION PROCEDURES AND ISSUANCE OF LICENSES. Applications for all licenses required by this ordinance shall be made to the City Clerk. 1. Dog License. The application for a dog license shall include the name and address of the owner of the dog and such other information as the City Clerk shall require. All applicants shall be of legal age. Applicants shall provide a certificate issued by a doctor of veterinary medicine showing that the dog has been vaccinated against rabies, the type of vaccine used, and the length of time the vaccination is effective. 2. Issuance of Dog License. Upon receipt of the application, the license fee and proof of a rabies vaccination, the City Clerk shall issue a metallic license tag bearing the license number, the name of the City and the year and month when the license period ends. The dog shall continuously wear a collar or harness to which the license tag is firmly affixed. It shall be unlawful for any person to make or use a counterfeit tag. 3. Replacement of Lost Dog License. If any dog license tag is lost or stolen, the applicant may obtain a new tag by surrendering the license payment receipt and by paying the charge for a duplicate license as set forth by City Council resolution. 4. Application for Commercial Kennel License. a. Initial application for a commercial kennel license shall be made to the City Clerk. The application shall state the name and address of the applicant, the property address or legal description of the proposed kennel location, a sketch or drawing of the proposed kennel describing construction, operation, and the approximate number of animals to be confined therein, together with their age, breed, and sex, and together with the applicable license fee. b. Hearing Required. A commercial kennel license application shall be referred to the Public Health Sanitarian who shall review the kennel design and operation and make a recommendation to the City Council on the adequacy thereof. Applications for commercial kennel license shall be placed on the agenda of the City Council for a public hearing at the regular City Council meeting next following 14 days after the application is received. Not less than seven (7) days before the date of the public hearing, the City Clerk shall mail notice of the hearing to the applicant and to the owners of property within 150 feet of the proposed kennel location. The failure of any owner to receive such notice shall not invalidate the proceedings. City of Brooklyn Center 1 -3 City Ordinance c. Council Approval., The City Council may approve the commercial kennel license and may attach to such approval any conditions necessary to insure compliance with this ordinance, with Chapter 19 of City Ordinances, and any other condition necessary to protect the health, safety, welfare, and property values in the immediate area. The City Council may deny a commercial kennel license upon finding that the establishment of the kennel would constitute a public nuisance, or would adversely affect the health, safety, welfare or property values of the person residing, living, or owning property within the immediate area. The form of approval for a license shall be the resolution of approval, a certified copy of which shall be forwarded to the applicant. d. Renewal of License. A copy of the commercial kennel license shall be forwarded to the City Clerk who shall maintain a register of kennel licenses. Subject to any time limitation set by the City Council, the license shall be valid for a period of one year and until October 1 of the then current calendar year and shall be renewable on October 1 of each year thereafter by the City Clerk upon payment of a renewal license fee set forth by City Council resolution, only in the event no complaint regarding the kennel's operation has been received during the license year. In the event that no revocation of the license is made or contemplated by the City Council, the license shall be renewable as set forth in this subdivision. e. License Revocation. In the event a complaint has been received by City officials, a report thereof shall be made to the City Council by the City Clerk and the City Council may direct the applicant to appear to show cause why the license should not be revoked. A license may be revoked for violation of this ordinance, Chapter 19 of the Brooklyn Center Ordinances, or any condition imposed at the time of issuance. 5. Application for Private Kennel License. a. Initial application for a private 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 ro proposed kennel location a sketch or drawing of the proposed g P P � g P P kennel describing construction, operation, and the approximate number of animals to be confined therein, together with their age, breed, and sex. Proof of current rabies vaccination and City dog license for each animal and the applicable license fee must accompany the application. Not less than seven (7) days after receipt of the application for a private kennel license, the City Clerk shall mail notice of the license application to the owners of property within 150 feet of the proposed kennel location. The failure of any owner to receive such notice shall not invalidate the proceedings. b. Consideration Process. A private 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 Manager on the adequacy thereof. Within fourteen (14) days after the notice of application is mailed to area property owners, the City City of Brooklyn Center 1 -4 City Ordinance Manager or the City Manager's designee shall review the Public Health Sanitarian's report, consider written comments by the applicant and any other affected persons, and either approve or deny the application. Within fourteen (14) days after the notice of the City Manager's decision is mailed to area property owners, the owner or any other affected person then may request a hearing before the City Council to show cause why the decision should be changed. A written request for the hearing must be received by the City Manager within such fourteen (14) days. Following the public hearing, the City Council shall render a final decision reversing, affirming, or amending the decision of the City Manager. c. Standards for Approval. The City Manager may approve the private kennel license and may attach to such approval any conditions necessary to insure compliance with this ordinance, with Chapter 19 of the City Ordinances, and any other condition necessary to protect the health, safety, welfare, and property values in the immediate area. The City Manager may deny a private kennel license upon finding that the establishment of the kennel would constitute a public nuisance or would adversely affect the health, safety, welfare or property values of the person residing, living, or owning property within the immediate area. The form of approval for a license shall be a memorandum of approval from the City Manager outlining any conditions necessary to insure compliance. d. Renewal of License. A copy of the private kennel license shall be forwarded to the City Clerk who shall maintain a register of kennel licenses. Subject to any time limitation set by the City Manager, the license shall be valid for a period of one year and until October 1 of the then current calendar year and shall be renewable on October 1 of each year thereafter by the City Clerk upon payment of a renewal license fee set forth by City Council resolution, only in the event no complaint regarding the kennel's operation has been received during the license year. In the event that no revocation of the license is made or contemplated by the City Manager, the license shall be renewable as set forth in this subdivision. e. License Revocation. In the event a complaint has been received by City officials, a report thereof shall be made to the City Council by the City Clerk and the City Council may direct the applicant to appear to show cause why the license should not be revoked. A license may be revoked for violation of this ordinance, Chapter 19 of the Brooklyn Center Ordinances, or any condition imposed at the time of issuance. City of Brooklyn Center 1 -5 City Ordinance Section 1 -106. STANDARDS FOR PRIVATE KENNELS. A private kennel shall consist of an enclosed space in which all animals are confined when not under restraint and constructed so as to prevent the animals from running at large. Provision must be made to provide shelter during inclement weather. Every private kennel shall be kept in good repair and shall be maintained in a clean and sanitary condition. It shall be unlawful to maintain a private kennel in a way which constitutes a violation of this ordinance, a nuisance under Chapter 19 of the City Ordinances, or in violation of any condition imposed by the City Council at the time the license is granted. Section 1 -107. STANDARD FOR COMMERCIAL KENNELS. All commercial kennels shall be designed, operated and maintained according to the following standards: 1. Commercial kennel floors and walls shall be constructed of impervious materials and all structures, areas, and appurtenances shall be designed to facilitate thorough and convenient cleaning. Commercial kennels shall be adequately ventilated and all doors, windows, and other openings to the outside shall be screened, May through October. The commercial kennels shall be provided with adequate and potable water supplies and shall be equipped with sewer facilities. Plans for all new commercial kennels and repairs or alterations to existing commercial kennels must be filed with and approved by the City's Public Health Sanitarian as a condition of the license. 2. Operating Standards. The licensee, its agents and employees shall operate and maintain the kennel in accordance with standards set out in Title 9, Chapter 1, Subchapter A, Part 3, Section 3.100 through 3.106 of the United States Department of Agriculture, Animal and Plant Health Inspection Service, a copy of which is adopted by reference. Section 1 -108. KEEPING OF DOGS IS LIMITED. No family or family member shall keep, harbor or have custody of more than two dogs exceeding six months of age in the family dwelling unit or on the family premises without obtaining a private kennel license. Provided, however, the said family or family member may obtain a private kennel license for the purpose of providing a period of time, not to exceed three years, in which to find a place where the dogs can be legally, safely, and humanely harbored. Section 1 -109. KEEPING OF CATS IS LIMITED. No family or family member shall keep, harbor or have custody of four or more cats exceeding six months of age in the family dwelling unit or on the family premises without obtaining a private kennel license. Provided, however, the said family or family member may obtain a private kennel license for the purpose of providing a period of time, not to exceed three years, in which to find a place where the cats can be legally, safely, and humanely harbored. City of Brooklyn Center 1 -6 City Ordinance Section 1 -110. NUISANCE PROHIBITED. It shall be unlawful for any person to keep an animal in any unsanitary place or condition, or in a manner which results in noisome odors, or in any way which constitutes a nuisance or a disturbance by reason of barking, howling, fighting, or other noise, or to maintain or permit a condition which unreasonably annoys, injures, or endangers the safety, health, morals, comfort, or repose of any person or property. Section 1 -111. RUNNING AT LARGE PROHIBITED. It shall be unlawful for any owner to allow its animal to run at large. Section 1 -112. ANIMAL CONTROL OFFICER. The City Council may provide for a City Animal Pound, either within or outside the corporate limits and may provide for an Animal Control Officer to enforce this ordinance. Section 1 -113. ENFORCEMENT PROCEDURES. The Animal Control Officer may capture and impound any animal running at large, and any unlicensed dog. Section 1 -114. QUARANTINE. Any animal, including wild animals that have bitten a person shall immediately be impounded for at least 10 days and kept apart from other animals, under the supervision of a veterinarian, until it is determined whether such animal had or has a disease which might have been transmitted by such bite. Such impounding may be done by the owner, and need not be at the pound designated by the City, but if it is not at the designated pound, the owner shall notify the police department immediately and shall furnish proof in writing that such animal is being so impounded. Upon the expiration of 10 days, if it is determined that the animal does not have a disease which might have been transmitted by such bite, it may be released, and the police department shall be notified immediately prior to such release by the owner of the animal. If the animal is impounded at the designated pound, it may be reclaimed as hereinafter provided. Any animal which has been bitten by a rabid animal shall be killed or impounded and kept in the same manner for a period of six months; provided that if the animal which has been bitten by a rabid animal has been vaccinated at least three weeks before such bite and within one year of such bite and if it is again immediately vaccinated, then such animal shall be confined or impounded for a period of 40 days before it is released. The owner of an animal which has been bitten by a rabid animal shall notify the police department immediately prior to the release of any such animal. Section 1 -115. DANGEROUS ANIMALS. If an animal is diseased, vicious, dangerous, rabid or exposed to rabies and such animal cannot be impounded after a reasonable effort or cannot be impounded without serious risk to any person or persons, or if the animal has made more than one attack on a person or persons, such animal may be immediately killed by or under the direction of a police officer. City of Brooklyn Center 1 -7 City Ordinance Section 1 -116. TREATMENTS DURING IMPOUNDING. Any animal which is impounded in the designated pound shall be kept in accordance with Section 1 -106 of this ordinance. If the animal is not known or suspected of being diseased and has not bitten a person or been bitten by a rabid animal, it shall be kept in the pound for at least five days, unless it is sooner reclaimed by its owner. If such animal is known to be or is suspected of being diseased with a disease which might be transmitted to persons, it shall be kept in the pound for at least 10 days. Section 1 -117. REDEMPTION OF IMPOUNDED ANIMALS. Any animal may be redeemed from the pound by the owner upon payment of the following: 1. The license fee for the animal, if the license has not previously been obtained. 2. The late - license penalty, where a license has not been previously obtained. 3. The amount of the boarding fee which the City is required to pay the pound keeper. 4. An impounding penalty as set forth by City Council resolution. The City Manager or the City Manager's designee may waive the late - license penalty and the impounding penalty for persons other than the owner in cases of sale in accordance with Section 1 -118 of this ordinance. - Section 1 -118. DISPOSAL OF UNREDEEMED ANIMALS. The City's designated pound keeper shall make an effort to contact the owner of any animal which has been impounded and which has identification on it. If at the end of the impounding period the animal is not reclaimed by the owner, such animal shall be deemed to have been abandoned and may be disposed of or sold to any person following the procedures contained in Minnesota Statutes 514.93 relating to the sale of unclaimed animals by veterinarians. If the animal is to be kept in this City, a license shall be obtained by such person before possession of the animal is given to the purchaser. Section 1 -119. ABANDONMENT. It shall be unlawful for any person to abandon any animal, including wild animals in Brooklyn Center. Section 1 -120. PENALTY. Any person violating the provisions of this ordinance, or any conditions of a license, shall, upon conviction thereof, be guilty of a misdemeanor and shall be subject to a fine of not more than $700 or to imprisonment for a period not to exceed 90 days, or both, together with the costs of prosecution. Each day that a violation exists shall constitute a separate offense. City of Brooklyn Center 1 -8 City Ordinance 10tLYN CEIIITF BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: City Manager Michael McCauley FROM: Joel Downer, Chief of Police DATE: March 8, 2001 SUBJECT: Review of Chapter 1 - Animal Ordinance Dr. Robert K. Anderson, D.V.M., Professor Emeritus of the University of Minnesota, School of Veterinary Medicine was consulted regarding changes in the City of Brooklyn Center Animal Ordinances. Dr. Anderson was the City veterinarian in Denver, Colorado during a rabies outbreak in 1949 and 1950. He has also served as the director of the animal behavioral clinic at the University of Minnesota, was a professor in the College of Veterinary Medicine and is board certified by the American College of Veterinary Behaviorists. Dr. Anderson estimates that a suburb of the size and demographics of Brooklyn Center has an estimated 3,000 dogs within the city. Dr. Anderson's formula factors in single family dwellings, duplexes, and apartment buildings. He estimates one dog for every person residing in single family dwellings. Factoring in the size of yards in Brooklyn Center and the economic times have driven dog ownership estimates higher. Dr. Anderson supports abolishing dog licensing in favor of dog owner education. Dr. Anderson believes that owners should be certified before obtaining a pet. Of the estimated 3,000 dogs in the city of Brooklyn Center, 225 were licensed in 1999 and 216 were licensed in the year 2000. An estimated 90% of impounded dogs are unlicensed. Dog owners recovering their dogs must purchase a license as well as pay an impound fee of $25 plus $12 per day for kenneling. The first day of kenneling is at no charge. . Dr. Anderson recommends that dogs be identified through an imbedded computer chip or tattoo. Most dogs recovered in the city of Brooklyn Center are identified by their rabies tag which was issued by a veterinarian. The Brooklyn Center Police Department impounded animals in 91 cases in 1999, 34 cases in the year 2000 and 5 cases in 2001. In several cases, multiple dogs were impounded. A combination of public education regarding the importance of rabies vaccinations good g g P vaccinations, p for owners of s do and enforcement of dogs large and dogs disturbing will result g� g g g g in more effective animal control. The cities of Minnetonka and New Brighton currently do not issue dog licenses. JD:k =T City of Brooklyn Center A Millennium Community MEMORANDUM TO: Mayor Kragness, Councilmembers Lasman, Nelson, and Peppe FROM: Michael J. McCauley, City Manager DATE: March 29, 2001 SUBJECT: Civil Legal Services Last year the City Council reappointed Kennedy and Graven to act as City Attorney for general civil legal services. Bond counsel work remains with Briggs and Morgan under that arrangement. In 1999, the City requested proposals for the provision of legal services pursuant to the City Council's desire to periodically review legal services. 1999 was the year to solicit civil legal services. On February 7, 2001, the City Council interviewed the firms of Kennedy and Graven and Jensen, Bell, Converse, and Erickson. The law firm of Sweeney, Borer, and Sweeney cancelled their scheduled interview with the City Council. In response to the advertisements and solicitation for proposals, a total of five law firms had responded. As part of that process the department heads were surveyed regarding civil legal services. When the City Council reappointed Kennedy and Graven, it directed that the matter be reviewed in one year. Attached is a result of a civil legal services survey of the department heads that was undertaken at the beginning of this year. This is the same form and questions that were used at the end of 1999 prior to the City Council's interviews. This item is on the agenda for Council discussion with respect to what direction they wish to take. 6301 Shingle Creek Parkway Recreation 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 How would you rate the current civil legal services on the following aspects? A Response to legal issues /questions is: 1. Prompt 2 almost always 3 usually 1 sometimes 0 not usually 2. Complete 2 almost always 3 usually 1 sometimes 0 not usually 3. Gives an understandable and usable answer 2 almost always 2 usually 2 sometimes 0 not usually 4. Definitive: a direct answer to guide decision making 0 almost always 4 usually 3 sometimes 1 not usually Comments: • Not definitive at times (Sigurdson matter). Interaction has been limited this year to personnel issues, for most part, although made a couple of inquires. • The answers received are too broad and not complete enough to make good decisions. With the number of years they have been involved in government law information received from them should be more definitive. • Very little need for services. • Have little work with them now. However, a simple contract for deed took over a month. Met with Rob McCredy on January 2, 2001, requested a contract for deed in the middle of January, and got the initial draft at the end of February. • Appreciates that Charlie LeFevere will provide a thorough review and background regarding Statutes and case law, then identifies where the City will have a choice or flexibility and what risks or consequences the City would face with various choices. Sometimes can be a voluminous amount of material, but always feel comfortable with the bases covered. B) Accessibility 1. Are you able to contact or receive return calls in a timely fashion? 2 almost always 3 usually 1 sometimes 0 not usually Comments: • Mac Lefevre returns calls in timely fashion but we go over the same territory often (Sigurdson) matter. • E -mail is helpful as well. It is much faster to trade ordinance drafts electronically. • Rarely able to get them the same day when calling. C) Projects 1. Are projects completed in a timely fashion? 1 almost always 2 usually 2 sometimes 0 not usually Comments: • Sigurdson matter dragged on all summer but may not have been controllable by Mac Lefevre. 2. Are projects completed in an accurate manner? 2 almost always 2 usually 1 between usually and sometimes 0 sometimes 0 not usually Comments: • As accurate as the problem or project is defined. 3. Are projects completed in a comprehensive fashion? 2 almost always 2 usually 0 sometimes 0 not usually Comments: • At times details had to be repeated too often ( Sigurdson matter). • It seems sometimes they are furnished all the data they have requested, but when a call is made to ask them when you can get an answer they still need additional information. • No joint projects undertaken. D) Representation or assistance in dealing with others. 1. Have you been satisfied with the assistance or representation during negotiations or hearings? 0 almost always 2 usually 1 sometimes 1 not usually 2 not applicable Comments: • Most hearings have been with LCMIT attorneys, who are very competent. • Don't know what presentation was made in the Sigurdson matter to other Attorney, but dragged on all summer without conclusion. • At this point Kennedy and Graven is not applicable. E) Are there changes in how civil legal services are provided that you would see as beneficial such as a greater unbundling specialized projects from the general retainer to allow for more choice of service providers on project by project basis? Comments: a • Services involving employment law should be handled by Attorney specializing in that area of law. Tombers and Barlow cases could have been referred to specialists earlier. • Would like to use more specialized Human Resources support such as that provided by Pat Beety at LMC. She has direct answers, knows current case law, and her suggestions are very succinct. • The EDA situation is much better at this time with Briggs and Morgan. • The City should unbundle and look at hiring an expert in the particular field needing legal representation in personnel, construction, etc. • In general, Public Works' needs have been sufficiently met by Kennedy and Graven and rarely does Public Works have need for specialty services. F) Please provide any comments you have regarding civil legal services: • Experience has been limited to Human Resource matters this year. Would like more aggressive support and resolution of issues, but recognize that the cases have been somewhat complex and other parties have not wanted matter resolved, so that has contributed to slow resolution. • Most of work is with Briggs and Morgan, they cost more per hour but get a response and work product in a short period of time. • It seems that this firm sometimes has difficulty giving specific answers to legal questions needed using broad or non specific answers, using answers such as maybe, could happen, and we're not sure. At a Council meeting complete answers are seldom. It seems that a legal advisor with as much experience as the present attorney has, answers should be able to be given at the meeting, have to be researched and reported . back at the next meeting. g g� p g Not sure getting the best value with the present legal services for the money spent. • Public Works' needs are generally in the area of contracts, liability, real estate records and transactions, public and private utility regulation, and general police powers such as nuisance abatement and right of way management. i City of Brooklyn Center A Millennium Community MEMORANDUM TO: Mayor Kragness, Councilmembers Lasman, Nelson, and Peppe FROM: Michael J. McCauley, City Manager DATE: March 29, 2001 SUBJECT: Apartment Sewer Billing As you were advised in a recent update, billing did not go out for several years for sewer charges at the Earle Brown Towers. T had anticipated that we might have received a written delineation of options prior to the April 2" d worksession. This item is on the agenda simply to advise you that we are continuing to review with the City Attorney's office options that may be available to us in this regard. 6301 Shingle Creek Parkway Recreation 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 M�r City of Brooklyn Center A Millennium Community MEMORANDUM TO: Mayor Kra ess Councilmembers Lasman Nelson and Pe Y � � � pp e FROM: Michael J. McCauley, City Manager DATE: March 29, 2001 SUBJECT: Inn on the Farm This item is on the agenda for a verbal update and discussion of operations at the Inn on the Farm. 6301 Shingle Creek Parkway Recreation 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