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HomeMy WebLinkAbout1981 09-28 CCP Regular Session CITY COUNCIL AGENDA t CITY OF BROOKLYN CENTER SEPTEMBER 28, 1981 7:00 p.m. xjkk 4 4 1. Call to Order D f 2. Roll Call 3. Invocation f 4. Approval of Minutes - September 14, 1981 5. Open Forum 6. Approval of Consent Agenda -All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate dis- cussion of these items unless a councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. .17. Subdivision Bond Release - Harold L. Giese for Gunderson Addition *8. Performance Bond Releases /Reductions: Releases: a. Howe Fertilizer, 4821 Xerxes Avenue North b. Victoria Townhouses, 68th Avenue North & Grimes Place ® Reductions: a. Meriwethers Restaurant, 2101 Freeway Boulevard *9. Approval of Election Judges for November 3, 1981 Municipal Election r 10. Resolutions: 4 a. Approving LCMR Application -This application comprehends the development of the Palmer Lake r nature area. (? *b. Establishing Project 1981 -26 and Accepting Bid and Awarding Contract- c 1981 -M (Athletic Field Backstop Construction) *c. Establishing Kylawn Park Shelter Roofing Project 1981 -27 and Northport Park Shelter Roofing'Project 1981 -28, and Approving Plans and specific ations and Directing Advertisement for Bids (Park Shelter Improvement Contract 1981 -N) -These projects are 1981 budget items in the General Fund. *d. Authorizing Contract to Retain Consultant for Donaldson's Tax Court Case r �� 11. Reconvene Special Budget Meeting CITY COUNCIL AGENDA -2- September 28, 1981 12. Public Hearing on Special Assessments (8:00 p Public Hearing on Special Assessments for the Following Improvements: Diseased Shade Tree Removals, Weed Removal, Public Utility Hookups, and Delinquent Utility Assessments. Notices of the proposed assessments and of this hearing have been sent to the owners of all benefited properties. Notice of the hearing was also Published in the official paper. 1. Resolution Confirming Assessments for Diseased Shade Tree Removal 2. Resolution Confirming Assessments for Weed Removal`. �® l 7 /`/4 it 3. Resolution Confirming Assessments for Public Utility Hookups' 4. Resolution Confirming Assessments for Delinquent Utility Assessments v 1 t( 13. Planning Commission Items (8:15 p.m.) a. Application No. 81041 submitted by Summit Mortgage Corporation /Blumentals Architecture for site and building plan approval to relocate buildings on the Earle Brown Farm. A condition of approval of this application was the revision of the preliminary plat submitted under Application No. 81034. This item was tabled at the July 30, 1981 Planning Commission meeting and was recommended for approval at the September 10, 1981 Planning Commission meeting. b. Application No. 81051 submitted by Summit Mortgage Corporation /Blumentals Architecture for site and building plan approval to develop the horsebarn and hippodrome as a speculative industrial building. A condition of approval of this application was the revision of the preliminary plat sub- mitted under Application No. 81034. This item was tabled at the July 30, 1981 Planning Commission meeting and was recommended for approval at the September 10, 1981 Planning Commission meeting. C. Application No. 81053 submitted by ShowBiz Pizza for site and building plan approval to construct a 230 seat, 10,343 sq. ft. restaurant with game room on the south side of John Martin Drive, west of Burger Brothers. This application was tabled at the July 30, 1981 Planning Commission meet - ing and was recommended for approval at the September 10, 1981 Planning Commission meeting. d. Application No. 81058 submitted by Byron Brekke for a variance from Section 15 -104 of the subdivision ordinance to subdivide property by metes and bounds description rather than formal plat. The land is being conveyed from the property at 5536 Irving Avenue North to 5555 Humboldt Avenue North. The Planning Commission recommended approval of Application No. 81058 at its September 10, 1981 meeting. e. Application No. 81063 submitted by Blumentals Architecture for site and building plan approval to construct a six lane remote drive -up bank facility for Summit State Bank at the office building at 6040 Earle Brown Drive. The Planning Commission recommended approval of Application No. 81063 at its September 10, 1981 meeting. CITY COUNCIL AGENDA -3- September 28, 1981 14. Ordinances: a. An Ordinance Amending Chapter 35 of the City Ordinances Regarding Minimum Parking Spaces -This ordinance amendment would allow the general retail parking formula to comprehend restaurants in shopping centers. This item was discussed on pages 9 and 10 of the September 10, 1981 Planning Commission minutes and is offered for a first reading this evening. b. An Ordinance Amending Chapters 34 and 35 of the City Ordinances Regarding Home Occupations -This ordinance amendment would allow up to 10 students and two on- street parking spaces for home occupations involving classes. The ordinance is offered for a first reading this evening. Note: The Planning Commission has recommended amending approval of Planning Commission Application No. 81034 to allow 10 students and no on- street parking. 15. Discussion Items: a. Review of Park Bond Priorities for Neighborhood, Palmer Lake and Central Park -This item relates to Resolution 10a - LCMR grant application. b. Evergreen Park Area Improvement Concept -Staff will be prepared to present and discuss a concept for-street, park and athletic facilities improvements in the Evergreen Park area. • C. Request for Public Offering of Industrial Development Revenue Bonds for Brooklyn Crossing Office Park Projects, 3300 County Road 10 *16. Licenses 17. Adjournment r f_ 3 Member introduced the following resolution and moved its adoption: RESOLUTION NO. i... i REQUIRED FORM OF RESOLUTION OF APPLICANT AUTHORIZING FILING OF APPLICATION AND EXECUTION OF GRANT PROJECT AGREEMENTS TO DEVELOP OPEN SPACE UNDER THE PROVISION OF THE STATE NATURAL RESOURCE FUND WHEREAS, the State Natural Resources Fund provides for the making of grants to assist local public bodies in the acquisition and development of outdoor recreation projects; and WHEREAS, the City of Brooklyn Center desires to develop certain land known as the Palmer Lake Basin, which land is to be held and used for permanent open space; and WHEREAS, in order for the proposed project to be eligible for approval, there must be proof that it is part of a comprehensive outdoor recreation plan and 5 -year action program (capital improvement); and WHEREAS, Brooklyn Center has an original or revised 5 -year action program which includes the Palmer Lake Basin; and WHEREAS, it is estimated that the cost of developing said interest shall be $236,900; and WHEREAS, upon project approval the City of Brooklyn Center must enter into formal grant project agreements with the state for the specific purpose of developing the Palmer Lake Basin area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER: 1. That an application be made to the State of Minnesota, Department of Economic Development, Office of Local and Urban Affairs for a grant from the Natural Resource Fund (Minnesota Laws, 1979, Chapter 333, Section 31, Subdivision 3, paragraphs (j) and (k)) for an amount presently estimated to be $118,450 and the applicant will pay the balance of the cost from other funds available to it. 2. That the Mayor and the City Manager are directed to execute " - and file A) such application and B) the 5 action program with the State of Minnesota, Department of Economic Development, Office of Local and Urban Affairs, and to provide additional information and furnish such documents as may be required by said Department, and C) to act as the authorized correspondents of the applicant. 3. That the proposed development is in accordance with plans for the allocation of land for open space uses, and that should said grant be made, the applicant will develop and retain said land for use (s) designated in said application and approved by the r Office of Local and Urban Affairs. RESOLUTION NO. 4. That the United States of America and the State of Minnesota E.._ be, and they hereby are, assured of full compliance by the applicant with the regulations of the Department of the Interior, effectuating Title VI of the Civil Rights Act of 1964. 5. That the City of Brooklyn Center enter into an agreement with the State of Minnesota, Department of Economic Development, Office of Local and Urban Affairs to provide such grants as are specified in numbered paragraphs 2 and 3, above, for the year (s) 1982 -1985. 6. That the Mayor and /or the City Manager are authorized and directed to execute such agreement and any supplemental agreements thereof. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. F_, i Member introduced the following resolution and moved its adoption: RESOLUTION NO. - RESOLUTION ESTABLISHING PROJECT NO. 1981 -26, AND ACCEPTIW,, BID AND AWARDII. CONTRACT 1981-M (AaT=IC FIELD BACKSTOP CONSTRUCTION) WHEREAS, the City Council deems it necessary to initiate a project to install athletic field backstops in Central Park; and I WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1981 -26, Contract 1981 -M, bids were received, opened, and tabulated by the City Clerk and City Engineer, on the 24th day of September, 1981. Said bids were as follows: Bidder Bid Amount Century Fence Company $5,740.00* Midwest Fence & Manufacturing Company $5,821.00* Crowley ICY Fence Ccm . Inc. $6,611.00 Lynx Fence, Inc. $7,463.00 463.00 *Denotes corrected bid amount upon Engineer's extension f f TnlEREAS, it appears that Century Fence Company of Forest Lake, Minne- sota 55025, is the lowest responsible bidder. NOW, TH=ORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of • Brooklyn Center, Minnesota: 1. That said improvement is hereby established as follows: Central Park Athletic Field Backstop Project No. 1981 -26 2. The Mayor and City Manager are hereby authorized and directed to enter into the attached contract with Century Fence Company of Forest Lake, Minnesota 55025 in the name of the City of Brooklyn Center, for Improvement Project No. 1981 -26 according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk. M 4 3. The City Clerk is hereby authorized and directed to return forth- with to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. ' 4. The accounting for Project No. 1981 -26 will be done in the Capital Projects Construction Fund. a . a { { I { Date Mayor e ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: _whereupon said resolution was declared duly passed and adopted, Member introduced the following resolution and moved its adoption: RESOEUTION N0. RESOLUTION ESTABLISHINS KYTAWN PARK SHELTER ROCF'IN3 PROJECT NO. 1981 -27 AIU NORTHPORT PARK SHELTER ROOFIN3 PROJECT NO. 1981 -28, APPRCJIMB PLANS AND SPECIFICATIONS, AMID DIRECTING ADVERTISEMENT FOR BIDS (PARK aJIZDING IMPRCVR4ENTS CONTRACT 1981 -N) WHEREAS, the City Council deems it necessary to initiate Kylawn Park Shelter Roofing Project No. 1981 -27 to provide for re- roofing of the existing Kylawn Park Shelter Building; and WHEREAS, the City Council deems it necessary to initiate Northport Park Shelter Roofing Project No. 1981 -28 to provide for re- roofing of the exist - ing shelter at Northport Park. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that said improvements be established as follows: I i Kylawn Park Shelter Roofing Project No. 1981 -27 Northport Park Shelter Roofing Project No. 1981 -28 r BE IT FURTHER RESOLVED that: E 1. The plans and specifications for Contract 1981 -N for said inprove- ments prepared by the firm of Lindberg Pierce, Inc. Architects are hereby approved and ordered filed with the City Clerk. s 2. The City Clerk shall prepare and cause to be inserted at least twice in the official newspaper and in the Construction Bulletin an ad- vertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall appear not less than ten (10) days prior to the date for receipt of bids, and specify the work to be done, state that said bids will be received by the City Clerk until 11:00 A.M., local time, on October 14, 1981, at which time they will be publicly opened in the Council Chambers at City Hall by the City Clerk and City Ehgi- neer, will then be tabulated and will be considered by the City Council at 7:00 P.M. local time, on October 19, 1981, in the Council Chambers, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City for five percent of the amount of such bid. 3. The accounting for Project No. 1981 -27 will be done in the General Fund Budget, Division 69 (Parks Maintenance). 4. The accounting for Project M. 1981 -28 will be done in the General Fund Budget, Division 69 (Parks Maintenance). f Date Mayor ATTEST: er RESOLUTION NO. The motion for the adoption of the foregoing resolution was duly seconded by maTber and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. E s l Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYIl 3 DISEASED SHADE 7= REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the Tree Inspector of the City of Brooklyn Center has caused the removal of diseased shade trees on certain property within the City during 1980 under the authority of Minnesota Statutes, Section 18.023; and WHEREAS, two assessment rolls, a copy of each of which is attached hereto and made part hereof by reference, have been prepared by the City Clerk, one tabulating those properties where diseased shade tree removal costs are less than or equal to $300.00 and one tabulating those properties where diseased shade tree removal costs are greater than $300.00 to be assessed together with the amounts proposed to be assessed each property; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for Diseased Shade Tree Removal Costs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1) Said assessment rolls of 1980 diseased shade tree removal costs are hereby adopted and confirmed. 2) Such assessment shall be payable in equal annual installments ex- tending over a period of years as listed below. The first of the installments shall be payable on or before the first Monday in January, 1982, and shall bear interest at the rate of eight (8%) percent per annum from October 1, 1981, until the amounts have been paid in full. Tb the first installment shall be added in- terest on the entire assessment for fifteen months from October 1, 1981, until December 31, 1982. Tb each subsequent installment when due shall be added interest for one year on all unpaid in- stallments. a. Assessments less than or equal to $300.00 are payable in three annual installments. b. Assessments greater than $300.00 are payable in five annual installments. 3) The owner of any property so assessed may at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, E pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through Decem- ber 31 of the succeeding year. RE50IJJTION N0. 4) The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by menber , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYIW, DELINQUENT NOXIC US WEED C(JTI'ING ACCOUN'T'S FOR 1981 CUTTING TO THE HENNEPIN COUNTY TAX ROLLS WHMEA.S, the weed Inspector of the City of Brooklyn Center has caused noxious weeds to be cut down on certain properties within the City under the authority of Minnesota Statutes, Section 18.271; and WHEREAS, the owners of record of the properties involved were notified in writing by certified mail of the work done and the costs and expenses involved at least thirty days prior to September 28, 1981, in accordance with individual notice provisions of Subdivision 4 of Section 18.271; and i WHEREAS, on September 28, 1981, there remained unpaid certain of these weed cutting accounts; and WHEREAS, an assessment roll, a copy of which is attached hereto and made art hereof b reference has been prepared b the City Clerk tabulating those ro rties where a delinquent noxiou weed cutting account is to be p pe h s g assessed with the amount to be assessed; and WHEREAS, said statute authorizes the certification of delinquent r weed cutting accounts to the County tax rolls for collection; and `• WHRZEAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to such proposed i assessments. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1) Said assessment roll of delinquent noxious weed cutting accounts is hereby adopted and confirmed. 2) The assessments as adopted and confirmed shall be placed upon the 1981 payable 1982 tax rolls by the Director of Finance of Hennepin County to be paid in one annual installment with interest thereon R at 'twelve.percent per annum, for a period of fifteen months from October 1, 1981, through December 31, 1982. 3) The owner of any property so assessed may at any tine prior to certification of the assessment to the Director of Finance of Hennepin County pay the whole of the assessment, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before.Noveriber 15, or interest will be changed through December 31 of the succeeding year. RESOLUTION NO. 4) The City Clerk shall forthwith transmit a certified duplicate of this assessment to the Director of Finance of Hennepin County to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Date Mayer ATTEST: Clerk Zhe motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the follow - ing voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CONF D;?MING ASSESSAE.'N'IS FOR PUBLIC UTILITY WATER HOOKUPS WHEREAS, certain properties which were not previously assessed a full share of the cost of the municipal water supply system have been per- mitted to connect to such system; and MIERFAS, the owner of each such property has executed an agreement to be assessed a water hookup charge pursuant to City Ordinance Section 4 -201; and WHEREAS, three assessment rolls, a copy of each of which is attached hereto and made part hereof by reference, have been prepared by the City Clerk tabulating those properties to be assessed over a twenty year period, a fifteen year period, and a three year period, respectively, together with the amount to be assessed to each property; and WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to such pro - posed. assessments. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1) Said assessment rolls of water hook -up charges are hereby adopted and conf ismed . 2) Such assessments shall be payable in equal annual installments over a period of twenty years, fifteen years, or three years as indicated on each assessment roll. The first of the installments shall be payable on or before the first Monday in January, 1982, and shall bear interest at the rate of twelve rcent annum from October � Pte' 1, 1981, until the amounts have been paid in full. Zb the first installment shall be added interest on the entire assessment for fifteen months from October 1, 1981, until December 31, 1982. Ta each subsequent installment when due shall be added interest for i one year on all unpaid installments. 3 j T.e. o%amer of any property so assessed may at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment, with interest accrued to the date of pay ment, to the City Treasurer, except that no interest shall be I charged if the entire assessment is paid within 30 days from the adopt- ion of this resolution; and he may, at any time thereafter, pay to the a City Treasurer the entire amount of the assessment remaining unpaid, t with interest accrued to December 31 of the year in which such pay - ment is made. Such payment must be made before November 15, or interest will ` � be charged through December 31 of the succeeding year. ' s g g g Ye 4) The City lerk shall forthwith transmit a certified duplicate of y p I this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. RESOLUTION N0. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the follow- ing voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i t i Manber introduced the following resolution and moved its adoption: -' RESOLUTION NO. RESOLUTION CERTIFYING DELIN(UENT PUBLIC UTILITY ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the records of the Public Utilities Department list certain accounts as delinquent as of July 1, 1981; and WHEREAS, the owner of the property served by each delinquent account has been notified of the delinquency according to legal requirements; and WHEREAS, Minnesota Statute, Section 444.075 and City Ordinances, Section 4 -105 authorize certification of such delinquent accounts to the County tax rolls for collection; and WHEREAS, an assessment roll, a copy of which is attached hereto and made part hereof by reference, has been prepared by the City Clerk tabulating those properties where a delinquent public utility account is to be assessed with the amount, including interest and service charges, to be assessed; and WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to such pro- posed assessments. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: • 1) Said assessment roll of delinquent public utility accounts is hereby adopted and confirmed. 2) The assessments as adopted and confirmed shall be placed upon the 1981 payable 1982 tax rolls by the Director of Finance of Hennepin County to be paid in one annual installment with interest thereon at eight percent (80) per annum, for a period of fifteen months from October 1, 1981, through December 31, 1982. 3) The owner of any property so assessed may at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days frcm the adoption of this resolution; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to Decanber 31 of the year in which such payment is made. Such payment must be made before Novanber 15, or interest will be charged through December 31 of the succeeding year. 4) The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the f proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. RESOLUTION NO. Date Mayor AT'T'EST: Cler The motion for the adoption of the foregoing resolution was duly seconded by men - ber , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 5 • z I CITY OF BROOKLYN CENTER ORDINANCE NO. ! AN ORDINANCE AMENDING CHAPTER 35 REGARDING MINIMUM PARKING SPACES REQUIRED THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances is hereby amended by the addition of the following: Sect ion 35 -704. MINIMUM PARKING SPACES REQUIRED. 2. Commerce (Retail and Service /Office (c) Other retail stores or centers: Eleven spaces for the first 1000 square feet of gross floor area or fraction thereof; eight spaces for each 1000 square feet of gross floor area in 'excess of 1000 square feet, but not exceeding 15,000 square feet; six spaces for each 1000 square feet of gross floor area in excess of 15,000 square feet; but not exceeding 30,000 square feet; 5.5 spaces for each 1,000 square feet of gross floor area exceeding 30,000 square feet. In multi- tenant retail centers, no additional parkin s aces beyond those req uired b y the retail rnu�a for s_ al be - -- • req uired o res taurant uses w116h altoget er occupy not more than 10a of_ the gross floor area of the center. f harking formula for eating and drinking establishments shall ap lv ro ort ona ely to the seats a employees occupying space in the center over anc1 above 10% of the gross floor area. Section 35 - 720 . JOINT PARKING FACILITIES. With respect to development complexes, the required parking facilities to serve two or more uses may be located on the same lot or in the same structure, provided that the total number of parking spaces furnished shall not be less than the sum of the separate re- quirements for each use. ( See Section 35 -704:2 (c) regarding restaurant uses in multi - tenant retail centers. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 19 Mayor ATTEST: • Cler Date of Publication Effective Date (Underline indicates new matter.) CITY OF BROOKLYN CENTER ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 34 AND 35 REGARDING HOME OCCUPATIONS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 34 -110 and Section 35 -900 of the City of Brooklyn Center are hereby amended in the following manner: Home Occupation - Any gainful occupation or profession, engaged in by the occupant of a dwelling unit within said dwelling, which is clearly incidental and secondary to the residential use of the premises, provided, such activity does not produce light glare, noise, odor or vibration perceptible beyond the boundaries of the premises; does not involve the use of accessory structures; and further provided that said activity does not involve any of the following: repair, service or manufacturing which requires equipment other than that customarily found in a home; over --the- counter sale of merchandise produced off , the premises; or the employment of persons on the premises, other than those customarily residing on the premises. Examples include: dress- making; secretarial services; professional offices; answering service; individual music or art instruction; individual hobby craft; child day care (defined as the care of not more than [five (5)] ten (10) nonresi- dent children and provided the facility and operation are properly li- censed by the County, and provided a. record of said license is on file • with the City); and the like. Home Occupation, Special - Any gainful occupation or profession, approved by special use permission, engaged in by the occupant of a dwelling unit within said dwelling, or involving not more than one accessory use permitted by Section 35 -310 or Section 35 -311 and which involves any of the following: stock -in -trade incidental to the performance of the service; repair, service or manufacturing which requires equipment other than that customarily found in a home; the employment on the premises, at any one time, of not more than one person who is a nonresident of the premises; the teaching of more than one (1) but not more than [four (4)] ten (10) nonresident students at any given time; or the need for not more than two (2) on- street parking spaces [in addition to spaces required for the persons residing on the premises]; and provided the activity: is clearly in- cidental and secondary to the residential use of the premises, in- cluding the dwelling, and permitted accessory buildings or install - ations thereon; does not produce light glare, noise, odor or vibration perceptible beyond the boundaries of the premises; does not consist of over - the - counter sales of merchandise produced off the premises. Examples include: barber and beauty services, shoe repair, photo- graphy studio, group lessons, saw sharpening, motor- driven appliance and small engine repair, and the like. Section 2. This ordinance shall become effective after adoption • and upon thirty (30) days following its legal publication. ORDINANCE N0. Adopted this day of 19 Mayor ATTEST: Clerk Date of Publication Effective Date (underline indicates new matter, brackets indicate matter to be deleted.) L •