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HomeMy WebLinkAbout2011 06-27 CCP Regular Session AGENDA • CITY COUNCIL STUDY SESSION June 27, 2011 6:00 p.m. City Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 1. City Council Discussion of Agenda Items and Questions 2. Miscellaneous 3. Discussion of Work Session Agenda Items as Time Permits 4. Adjourn • CITY COUNCIL MEETING City of Brooklyn Center • June 27, 2011 AGENDA 1. Informal Open Forum with City Council — 6:45 p.m. — provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation - 7 p.m. 3. Call to Order Regular Business Meeting -The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 4. Roll Call 5. Pledge of Allegiance . 6. Approval of Agenda and Consent Agenda —The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes 1. June 13, 2011— Study Session 2. June 13, 2011 Regular Session 3. June 13,2011— Work Session b. Licenses C. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees d. Resolution Approving Final Plat for RAINBOWS GARDEN CITY SECOND ADDITION e. Approval of Application and Permit for Temporary On -Sale Liquor License Submitted by The Church of St. Alphonsus, 7025 Halifax Avenue North, for an • Event to be Held July 30 and 31, 2011 CITY COUNCIL AGENDA -2- June 27, 2011 • 7. Presentations /Proclamations/Reco gn itions/Donations a. Resolution Expressing Recognition of the Achievement of the Park Center High School Girls Softball Team Requested Council Action: Motion to adopt resolution. 8. Public Hearings None. 9. Planning Commission Items None. 10. Council Consideration Items a. Consideration of Type IV 6 -Month Provisional Rental License for 910 55th Avenue North Requested Council Action: — Receive staff report. - Motion to open hearing. — Receive testimony from applicant. Motion to close hearing. —Take action on rental license application and mitigation plan. b. Resolution Calling for a Public Hearing by the City Council on the Proposed Amendment of the Tax Increment Financing Plan for Tax Increment Financing District No. 2 Requested Council Action: — Motion to adopt resolution. C. Park & Recreation Commission Recommendation — Tobacco -Free Parks Policy Requested Council Action: — Motion to adopt recommended policy. 11. Council Report 12. Adjournment Agenda Items Tabled or Continued An Ordinance Amending Chapter 4 of the Brooklyn Center City Charter, Sections 4.01 and 4.02 —This item was first read on April 12, 2010; was published in the official newspaper on April 22, 2010; and the Public Hearing was continued at the May 10, 2010, meeting until such time as the Charter Commission makes its recommendation to the City Council • EDA MEETING City of Brooklyn Center • June 27, 2011 AGENDA 1. Call to Order -The EDA requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet, including EDA (Economic Development Authority), is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 2. Roll Call 3. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the Economic Development Authority (EDA) and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered at the end of .Commission Consideration Items. a. Approval of Minutes 1. May 23, 2011 - Regular Session 4. Commission Consideration Items a. Resolution Authorizing Submission of an Application to the Minnesota Housing Finance Agency for Community Fix Up Fund (CFUF) Designation and Community Revitalization (CRV) Funding Requested Council Action: - Motion to approve resolution. b. Resolution Approving Additional Projects Under Spending Plan for Tax Increment Financing District No. 2 Requested Council Action: - Motion to adopt resolution. C. Resolution Approving Purchase Agreement with and Conveyance of Certain Property to Shingle Creek, LLC Requested Council Action: Motion to adopt resolution. 5. Adjournment • AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION June 27, 2011 • Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. Council Chambers City Hall A copy of the full City Council packet is available to the public. ' The packet ring 'binder is located at the front of the Council Chambers by the Secretary. ACTIVE DISCUSSION ITEMS 1. Firehouse Park — Councilmember Roche PENDING LIST FOR FUTURE WORK SESSIONS Later /Ongoing 1. Highway 252 Update - July 11 2. Proposed Tax Increment Financing District 2 Amendment — July 11 3. Financial Commission Report — Utility Collection — July 25 4. Youth Activities Councilmember Roche 5. Progress Reports on Achievement of Strategic Goals 6. School District Discussions/BC Strategic Plan Report • 7. Sister City Update 8. Active Living Program 9. Annual Department Year End Reports 10. Graduated Sanitary Utility Rate Study — August 22 11. Garbage Hauler Organized Collection Update — October 12. Youth Participation Request — October 13. Neighborhood Designations — December • • City Council Agenda Item No. 6a • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL • OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION JUNE 13, 2011 CITY HALL — COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, Tim Roche (arrived at 6:05 p.m.), and Dan Ryan. Also present were City Manager Curt Boganey, Director of Fiscal and Support Services Dan Jordet, Public Works Director /City Engineer Steve Lillehaug; Director of Business and Development Gary Eitel, EDA/HRA Specialist Tom Bublitz, Director of Community Activities, Recreation and Services Jim Glasoe, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, Assistant City Attorney Corrine - Heine, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Kleven requested discussion on Item 6b., Licenses, in particular the possibility of having only one licensed garbage hauler to reduce deterioration of the City's streets. She stated support to not entertain licensing of new garbage haulers. City Manager Curt Boganey noted that should the Council consider limiting licenses for garbage haulers, the two under consideration tonight could not be included since application has already been made. Councilmember Ryan stated this option had been discussed at a Work Session. Public Works Director /City Engineer Steve Lillehaug stated organized collection is not currently under review by staff. Mayor Willson stated his recollection that staff was asked to research this option and gather information from neighboring municipalities. Mr. Boganey indicated staff will follow up on this item. Councilmember Roche arrived at 6:05 p.m. Councilmember Lasman asked about the Liquor License consideration, noting there had been an issue in the past relating to the license fee. Mr. Boganey indicated that issue has been resolved. 06/13/11 -1- DRAFT MISCELLANEOUS Councilmember Kleven asked if staff had received replies from the Sun. Post notice about • placement of bicycle racks. Mr. Lillehaug reported one resident provided input at a meeting coordinated by Livable Communities and several other residents provided telephone input. Councilmember Lasman raised the issue of large parties held in residential areas that maybe a nuisance for the surrounding neighborhood. She noted that sometimes neighbors may be intimidated to report this type of activity to the Police Department. Councilmember Lasman asked staff to provide information on how such complaints are processed and provide a recommendation whether the Council should consider ordinance language to limit that type of activity in a residential area. Mr. Boganey stated staff will analyze the scope of this problem and prepare a report and recommendation for changes, if applicable. Councilmember Lasman stated support for the Council to be proactive in this action. Councilmember Lasman stated she will be asking staff for information on the use of a specific address to determine whether it is a licensed rental, a group home, or single- family residence. Councilmember Lasman asked if there has been a farmer's' market license application. Mr. Boganey stated that as of a week ago, no one had submitted an application for a farmer's market. Councilmember Kleven congratulated the Brooklyn Center Police Department and Chief Benner • for receiving national recognition from the National League 'of Cities for its public safety work with immigrant communities. Mayor Willson noted that work has been studied and is being touted as a model for the United States. Councilmember Roche stated he noticed signs indicating the farmer's market at Max Sun was moving to Humboldt Square on Fridays, Saturdays, and Sundays. He stated he hoped this would improve the area. Councilmember Roche referenced the donation by the Fireman's Fund Insurance Company that resulted when the Company became aware that Brooklyn Center has a volunteer Fire Department. He commented on future grant opportunities. Councilmember Roche stated his support to meet with the two local youth baseball leagues (American League and National League) in an effort to create synergy between these two organizations, increase participation, and possibly bring a league into Brooklyn Center. Mayor Willson stated he is aware of the issue but before the Council becomes involved he would want to be sure both Leagues were in agreement with that type of investigation. Councilmember Roche stated he would contact the two Leagues to gain more information. Councilmember Lasman cautioned the Council about becoming involved with one organization over another and noted the Leagues may not be interested in merging or working together. • 06/13/11 -2- DRAFT . Mr. Boganey stated staff would prepare a brief report outlining the current relationship between the two Leagues. Councilmember Roche asked about the opportunity for a community garden on the City -owned property at 61" Avenue and Brooklyn Boulevard. It was noted this matter would be discussed as Item 1 Ob on the regular agenda. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS PARK AND RECREATION COMMISSION RECOMMENDATION ON "NO SMOKING IN THE PARKS" POLICY Director of Community Activities, Recreation and Services Jim Glasoe introduced the item, reviewed the history, and requested Council direction regarding the recommended "no smoking in the parks" policy. It was noted that in 2004 the Council adopted a resolution; however, a formal policy was not developed. The Park and Recreation Commission drafted a "no smoking in the parks" policy for park areas predominantly used by youth and recommends the Council consider strengthening the City's position on this issue by enacting a policy and supporting data. Park and Recreation Commission Chair Bud Sorenson reviewed the dates the Commission discussed and approved its unanimous recommendation to institute a no smoking policy in areas of youth activity. He noted this was not a total ban and would not include the Dudley Softball Classic event or the Centerbrook Golf Course where prohibiting tobacco use may create • problems. Councilmember Lasman stated her support for a "no smoking in the parks" policy and discussed the wording of the proposed signage. Mr. Glasoe explained this is a generic sign for policies that restrict tobacco use when youth are present and would be posted only in locations of youth activities. These signs would not be posted at the Dudley Softball Classic event or Centerbrook Golf Course because those uses are not specific to youth. Council consensus was reached to continue this discussion at the Work Session. ADJOURNMENT Councilmember Roche moved and Councilmember Ryan seconded to close the Study Session at 6:44 °p.m. Motion passed unanimously. 06/13/11 -3- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY • OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JUNE 13, 2011 CITY HALL — COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, Tim Roche, Dan Ryan. Also present were City Manager Curt Boganey, Director of Fiscal and Support Services Dan Jordet, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, EDA/HRA Specialist Tom Bublitz, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, Police Chief Kevin Benner, Fire Chief Lee Gatlin, Director of Community Activities, Recreation and Services Jim Glasoe, Assistant City Attorney Corrine Heine, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. • Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Glenn Oltman, 6407 Fremont Avenue N., stated his objection to being required to pay for garbage service because everything he disposes is recyclable or compostable. He requested a waiver from this requirement. Siona Nchotu, 3901 Burquest Lane, stated she represents many who respectfully request the Council approve a community garden program. It was noted they can no longer utilize the property at 57 Avenue and Brooklyn Boulevard. Lauren Faitsbau, 7213 Kyle Avenue N., proposed an ordinance amendment to allow hens in Brooklyn Center. Kate Schlauch, 6221 Shingle Creek Parkway, enlisted the Council's support to work with HUD on the foreclosure sale of Shingle Creek Towers. She noted this building has a very diverse population and is a rare facility in a first -ring suburb. Eric Hauge, 4345 Washburn Avenue N., Minneapolis, stated he works for HOME Line, a CDBG recipient that advocates for renters. He. explained the resident's concern is that the high bid is at such a level that the building may not remain as affordable housing. 06/13/11 -1- DRAFT Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open • Forum at 6:58 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Roche requested a moment of silence and personal reflection as the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. 4. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, Tim Roche, and Dan Ryan. Also present were City Manager Curt Boganey, Director of Fiscal and Support Services Dan Jordet, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, EDA/HRA Specialist Tom Bublitz, Assistant City Manager /Director of Building and Community Standards Vickie Schleuning, Police Chief Kevin Benner, Fire Chief Lee Gatlin, Director of Community Activities, Recreation and Services Jim Glasoe, Assistant City Attorney Corrine Heine and Carla Wirth, Timesaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Roche moved and Councilmember Lasman seconded to approve the Agenda and Consent Agenda and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. May 23, 2011— Study Session 2. May 23, 2011— Regular Session 3. May 23, 2011— Work Session 4. June 6, 2011— Joint Work Session with Financial Commission 5. June 6, 2011— Executive Session 6b. LICENSES GARBAGE HAULER Ace Solid Waste, Inc. 6601 McKinley Street NW, Ramsey Walz Brothers Sanitation P.O. Box 627 • 06/13/11 -2- DRAFT FIREWORKS — PERMANENT Target 6100 Shingle Creek Parkway • _LIQUOR — CLASS D ON -SALE INTOXICATING AND SUNDAY Brooklyn Center Investment Group, Inc. dba Mr. BBQ and the Voodoo Lounge 2101 Freeway Boulevard 'Conditions: submittal of copy of food license and issuance of Certificate of Occupancy LIQUOR — 2 A.M. CLOSING Brooklyn Center Investment Group, Inc.' dba Mr. BBQ and the Voodoo Lounge 2101 Freeway Boulevard 'Conditions: submittal of copy of food license and issuance of Certificate of Occupancy MECHANICAL 7 Metro Heating and A/C 609 150' Avenue NE, Ham Lake Airtech Thermex LLC 4918 W 35"' Street, St. Louis Park Bob Kissner P & H 13421 Dunkirk Street, Ham Lake Heating & Cooling Design, Inc. 10830 Able Street NE, Blaine In -A -Vent 334 Dean Avenue E, Champlin Knott Mechanical, Inc. 3051 220''' Street E, Prior Lake Larson Plumbing 3095 162 Lane NW, Andover Neil Heating and A/C P.O. Box 29292, Minneapolis Northwoods Plumbing 31127 101 Street, Princeton Sharp Heating & A/C 7221 University Avenue NE, Fridley • UHL Company, Inc. 9065 Zachary Lane N, Maple Grove RENTAL — CURRENT RENTAL STANDARDS INITIAL ffPE II — two-year license) 3312 62' Avenue N. Pang Lee 3313 65 Avenue N. Marilyn Hierl 2840 67 Lane N. Steven Tonna 150072 nd Avenue N. Thomas Le 5622 Emerson Avenue N. Sally Fischer 5724 Girard Avenue N. Joshua Harrington 5712 Northport Drive Cindy Scherbing 3012 Thurber Road Plai Malle RENEWAL (TYPE III — one-year license) 6718 Colfax Avenue N. Passed w/Weather Deferral Ken Fountain 7025 Drew Avenue N. Ryan Yardley 4718 Twin Lake Avenue Richard & Elizabeth Becht RENEWAL (TYPE II — two-year license) 381552 d Avenue N. Philip Stevenson • 06/13/11 -3- DRAFT 6107 Bryant Avenue N • Passed w /Weather Deferral Daniel Yesnes 5200 Drew Avenue N. Morris Matthews 6806 Drew Avenue N. Thomas Davidson 5312 Newton Avenue N. Pavel Sakurets RENEWAL (TYPE I — three-year license) 5000 France Avenue N. Dean Gannon 4210 Lakebreeze Avenue James & Bobbie Simons 3912.61 St Avenue N. Nazneen Khatoon 4407 66 Avenue N. Sarah Bateman 4806 69 Avenue N. Lin Shuang LLC 130072 d Avenue N. Marinela & Scott Selseth 401 Bellvue Lane Dragon Property Management 501 Bellvue Lane Dragon Property Management 6611 Camden Drive Jenn -Yuan Chen 5857 Colfax Avenue N Passed w /Weather Deferral Doug Wahl 5001 Ewing Avenue N. Bartholomew Dabrowski 7018 France Avenue N. Gary Brummer 5636 Fremont Avenue N. Samer Alamy 5640 Fremont Avenue N. Doug Wahl 5443 Irving Avenue N. Doug Wahl 5819 Knox Avenue N. Gary Brummer 7224 Noble Avenue N. Quoc Ai Nguyen 5319 Northport Drive Daniel Mazzuco 2812 O'Henry Road Mains'l Properties 6c. RESOLUTION NO. 2011 -85 RESCINDING RESOLUTION NO. 2011 -77 AND APPROVING THE CORRECTED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2011 -009 SUBMITTED BY LOREN VAN DER SLIK (FOR GATLIN DEVELOPMENT COMPANY) 6d. RESOLUTION NO. 2011 -86 APPROVING METROPOLITAN LIVABLE COMMUNITIES ACT HOUSING ACTION PLAN AND AUTHORIZING SUBMITTAL OF PLAN TO THE METROPOLITAN COUNCIL 6e. RESOLUTION NO. 2011 -87 ADOPTING A "REQUEST FOR PROPOSALS FOR PROVIDING FINANCIAL ADVISORY SERVICES" DOCUMENT 6f. RESOLUTION NO. 2011 -88 DECLARING APPROVAL OF ANNUAL PERFORMANCE MEASURES Motion passed unanimously. • 06/13/11 -4- DRAFT 7. PRESENTATIONS /P ROCLAMATIONS /RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2011 -89 EXPRESSING RECOGNITION AND • APPRECIATION OF SUSAN SHOGREN SMITH FOR HER DEDICATED PUBLIC SERVICE ON THE FINANCIAL COMMISSION Mayor Willson read in full a resolution expressing recognition and appreciation to Susan Shogren Smith. The Council also acknowledged her outreach to military families. Councilmember Ryan moved and Councilmember Kleven seconded to approve RESOLUTION NO. 2011 -89 Expressing Recognition and Appreciation of Susan Shogren Smith for her Dedicated Public Service on the Financial Commission. Motion passed unanimously. 7b. RESOLUTION NO. 2011 -90 EXPRESSING APPRECIATION FOR THE DONATION FROM CENTERPOINT ENERGY FOR A $2,500 GRANT TO BE USED FOR THE PURCHASE OF AUTOMATED EXTERNAL DEFIBRILLATORS (AEDs) Mayor Willson read in full a resolution expressing appreciation to CenterPoint Energy for its $2,500 grant for the purchase of automated external defibrillators. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION • NO. 2011 -90 Expressing Appreciation for the Donation from CenterPoint Energy for a $2,500 Grant to be used for the Purchase of Automated External Defibrillators (AEDs). Motion passed unanimously. A representative of CenterPoint Energy presented the grant to Mayor Willson who accepted it on behalf of the City and extended the City's appreciation to CenterPoint Energy. 7c. RESOLUTION NO. 2011 -91 EXPRESSING APPRECIATION FOR THE $9,800 GRANT FROM THE FIREMAN'S FUND INSURANCE COMPANY TO BE USED TO PURCHASE A THERMAL IMAGING CAMERA Mayor Willson read in full a resolution expressing appreciation to the Fireman's Fund Insurance Company, with support from RJF, A Marsh & McLennan Agency LLC Company, for its $9,800 grant towards the purchase of a thermal imaging camera for the Fire Department. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2011 -91 Expressing Appreciation for the $9,800 Grant from the Fireman's Fund Insurance Company to be used to Purchase a Thermal Imaging Camera. Motion passed unanimously. • 06/13/11 -5- DRAFT Steve Browning, Fireman's Fund Insurance Company, described how this grant came about and • stated his appreciation for the assistance of volunteer fire fighter Greg Jones, Fire Chief Gatlin, Jan Farrington, Pat Borchers, and Lin Ulven from RJF Agency on the grant application. Mr. Browning reviewed the mission of Fireman's Fund Insurance Company to help fire fighters, noting they have given $27 million to fire departments throughout the country. Mayor Willson, on behalf of the City, presented Mr. Browning with the resolution, accepted the $9,800 donation, and extended the City's appreciation to the Fireman's Fund Insurance Company. 8. PUBLIC HEARINGS None. 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2011 -013 SUBMITTED BY LINDA MCGINTY FOR THE LUTHER COMPANY, LLP. REQUEST FOR PRELIMINARY PLAT /SUBDIVISION APPROVAL TO COMBINE FIVE EXISTING PARCELS INTO THREE PARCELS FOR FUTURE REDEVELOPMENT OF THE SITE (4011, 4101, 4215 69 AVENUE, 6700 & 6800 BROOKLYN BOULEVARD) • Director of Business and Development Gary Eitel introduced the item, reviewed the history of past preliminary plat approval for this property, and provided an overview of Planning Commission Application No. 2011 -013. If approved, it would create Bri Mar 2 nd Addition, which would replat five existing parcels into three separate lots for future redevelopment of the site. It was noted this request conforms to the Planned Unit Development (PUD) of this site that was approved in 2008. He advised the Planning Commission recommended approval of the applications at its May 26, 2011, meeting. John Baker, 150 South Fifth Street, architect representing the applicant, stated he had worked with this project three years ago when the preliminary plat was approved and spent time recently with staff to get this project back on track. He indicated they agree with the recommendation and will continue to work with staff to resolve their concerns relating to drainage and utility easements along internal lot lines. The Council thanked Luther Company for making this investment in the City of Brooklyn Center. 1. RESOLUTION NO. 2011 -92 REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2011 -03 SUBMITTED BY LINDA MCGINTY FOR THE LUTHER COMPANY LLP 06/13/11 -6- DRAFT Councilmember Ryan moved and Councilmember Roche seconded to approve RESOLUTION NO. 2011 -92 Regarding Disposition of Planning Commission Application -No. 2011 -013, • submitted by Linda McGinty for the Luther Companies, LLP. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION NO. 2011 -93 ADOPTING COMPREHENSIVE ANNUAL FINANCIAL REPORT OF THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR ENDED DECEMBER 31, 2010 Director of Fiscal and Support Services Dan Jordet introduced the item and described the role of the Finance Department and auditor. He then presented an overview of the 2010 Comprehensive Annual Financial Report (CAFR) and reported no findings were made by the auditor and a clean opinion was issued. He recommended the Council adopt the CAFR. The Council acknowledged that it had met in Work Session with the Finance Committee for a presentation of the CAFR. The entire Council extended its gratitude and appreciation to City staff in obtaining an exceptional report from the auditor and unqualified opinion, which is a rarity. Councilmember Lasman moved and Councilmember Roche seconded to approve RESOLUTION NO. 2011 -93 Adopting Comprehensive Annual Financial Report of the City of • Brooklyn Center for the Calendar Year Ended December 31, 2010. Motion passed unanimously. 10b. RESOLUTION ESTABLISHING FEES FOR COMMUNITY GARDEN PLOTS REGULATED BY THE CITY OF BROOKLYN CENTER Councilmember Lasman moved and Councilmember Roche seconded to remove the Resolution Establishing Fees for Community Garden Plots Regulated by the City of Brooklyn Center from the agenda table. Motion passed unanimously. Councilmember Ryan moved and Councilmember Kleven seconded to refer the issue of community gardens to advisory commissions for additional study and recommendation of appropriate location(s) and fee(s). Mr. Boganey indicated that the Housing Commission and Park and Recreation Commission have expressed interest in working together to address community gardens and scheduled a joint meeting. Councilmember Roche stated he is hopeful that community gardens will fall under the • 06/13/11 -7- DRAFT jurisdiction of the not yet developed Environmental Commission. • Motion . assed unanimously. Y 11. COUNCIL REPORT Councilmember Roche announced Earle Brown Days on June 21 -25, 2011, and urged residents to check the City's website for those activities. He also announced Father Grile's 40 anniversary celebration at St. Alphonsus Parish and invited all to attend. Councilmember Roche stated the Happy Hollow Park neighborhood meeting will be held June 14, 2011. He thanked all schools who signed papers to invite the U.S. President to Brooklyn Center to celebrate the City's Centennial Birthday. Councilmember Lasman reported on her attendance at the following: • May 24, 2011, "Traveling Through Minds" exhibit at Evergreen Elementary School • June 6, 2011, Work Session with Auditor, who reports directly to the City Council • June 8, 2011, Centennial Committee meeting. She encouraged residents to check the City's website for a listing of events, including a fireworks display and parade. • June 10, 2011, ribbon cutting ceremony at the new Brown College site Councilmember Kleven reported on her attendance at the following: • June 2, 2011, Adult Academic Graduation program • June 3, 2011, participated at Northport Elementary School to help erect a playground with • over 300 volunteers including Councilmember Ryan. • June 6, 2011, Work Session with the Auditor • June 7, 2011, "Stop it Now," an educational workshop on what adults can do to prevent child sexual abuse • June 10, 2011, ribbon cutting at Brown College • June 11, 2011, Victory Memorial rededication ceremony Councilmember Kleven announced that on Father's Day, Centerbrook Golf Course is offering one free round of golf with a paid round. She thanked all who participated in the March of Dimes for Babies event that raised $1.8 million to develop treatment to help babies born too soon or with a birth defect. Councilmember Kleven reported that 27,478 pounds of food have been donated and the goal is 100,000 pounds by the end of the year. Councilmember Ryan reported on his attendance at the following: • May 31, 2011, instructional forum on protecting water resources by West Metro Water Alliance • June 3, 2011, participated along with Councilmember Kleven and many other volunteers on the construction of new playground equipment at Northport School • June 6, 2011, Work Session with the Financial Commission. • June 7, 2011, "Awareness to Action" presentation to prevent child sexual abuse • June 10, 2011, ribbon cutting for the opening of the new campus for Brown College • 06/13/11 -8- DRAFT Councilmember Ryan stated he is looking forward to attending the Happy Hollow neighborhood meeting on June 14, 2011. • Mayor Willson reported on his attendance at the following: • June 6, 2011, Work Session with the Financial Commission and Auditor • June 10, 2011, ribbon cutting at Brown College Mayor Willson announced the June 14, 2011, neighborhood meeting at Happy Hollow Park as well as the Jerry Blamey Picnic in the Riverwood neighborhood. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 7:48 p.m. Motion passed unanimously. • • 06/13/11 -9- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC • DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION JUNE 13, 2011 CITY HALL — COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 7 :49 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers /Commissioners Carol Kleven, Kay Lasman, Tim Roche, and Dan Ryan. Also present were City Manager Curt Boganey, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, EDA/HRA Specialist Tom Bublitz, Director of Community Activities, Recreation and Services Jim Glasoe, Assistant City Manager/Director of Building and. Community Standards Vickie Schleuning, Assistant City Attorney Corrine Heine, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. • PARK AND RECREATION COMMISSION RECOMMENDATION ON "NO SMOKING IN THE PARKS" POLICY Councilmember /Commissioner Lasman noted the youth issue is clearly addressed on the new sign by indicating "when youth are present." It was noted that the Dudley Softball Classic and Centerbrook Golf Course would not fall under this policy. The City Council/EDA discussed its support of the recommended policy, noting the Commission's discussions had been well thought out and the issue astutely debated. With regard to compliance, Director of Community Activities, Recreation and Services Jim Glasoe stated there will not be enforcement but, rather, voluntary compliance, education of the public, signage, and contacts with youth program coordinators about this policy: Councilmember /Commissioner Kleven stated her support of the recommended policy. Mayor/President Willson stated there have been enough studies that show tobacco is a cancer causing agent and while he would rather not exclude the Dudley Softball Classic, was willing to support this policy and monitor what happens. Councilmember /Commissioner Ryan stated he would not be opposed to a wider policy banning tobacco in parks, possibly suspending the policy for the Dudley Softball Classic, but he would oppose an ordinance because of enforcement issues. Councilmember /Commissioner Ryan felt • the principle of voluntary compliance through social pressure was the best approach. 06/13/11 -1- DRAFT Councilmember /Commissioner Roche noted the Dudley Softball Classic is only one weekend a • year and advocated for immediately instituting a ban on tobacco use in all parks including trails, the Dudley Softball Classic, and the Centerbrook Golf Course. Councilmember /Commissioner Lasman agreed that the Dudley Softball Classic is only one weekend but noted that event brings a lot of positive attention to Brooklyn Center. With regard to a full ban on tobacco use, she felt it may cause an impact to adult softball players. Brittany McFadden, Tobacco Free Compliance, explained they provide signage and updated the City Council/EDA that policies are ever changing and currently 136 communities have adopted such a policy. She noted the poster that contained signatures collected at Earth Feast supporting this policy for the City's entire park system. Ms. McFadden advised that the best way to enforce is to post signs so staff and citizens are empowered to point out the policy exists. She asked what will be in the City's policy. Mr. Boganey stated he will provide a copy of the policy to Ms. McFadden. The majority consensus of the City Council/EDA was reached to support the Park and Recreation Commission's recommendation for voluntary compliance and direct staff to bring that policy forward for adoption. UPDATE ON NEIGHBORHOOD STABILIZATION PROGRAM (NSP 1) EDA/HRA Specialist Tom Bublitz updated the City Council/EDA on the Neighborhood Stabilization Program SP 1 noting the purpose is to et foreclosed housing back into �' � � g g P� g occupancy and to help stabilize neighborhoods. He described the funding received, NSP 1 timeline in which all NSP1 funds must be spent by March 2013, and projects to which it was allocated. Mr. Bublitz advised of the green initiatives used in the rehabilitation process, noting the sale price would be established at market rate which is significantly less than the cost of acquisition and rehabilitation. Mr. Bublitz reviewed the criteria for buyer eligibility relating to household earnings, eligibility, and buyer assistance offered. It was noted that Hennepin County is responsible for compliance and should the terms not be met, a lien would be filed against the property and collected at the time of sale. Mr. Bublitz displayed before and after pictures of rehabbed properties and asked if the City Council/EDA would be interested in touring any of the properties. Councilmembers/ Commissioners Kleven, Ryan, and Lasman indicated an interest. Mr. Boganey stated staff will determine available dates and inform the Councilmembers/ Commissioners. Mr. Bublitz, reported on the anticipated funding of NSP3 and stated he will provide more information as it is available. In response to the City Council/EDA's questions, Mr. Bublitz explained the money received from the sale of the house goes back to the NSP 1 fund with the exception of the buyer's assistance amount. In addition, legal costs related to drafting the agreements are covered by NSP funds as well as some documented administrative staff time. It was noted that to purchase a property, an appraisal is required with purchase at a one percent discount. • 06/13/11 -2- DRAFT . 2011 BROOKLYN BOULEVARD CORRIDOR STUDY REQUEST FOR PROPOSALS (RFP) Public Works Director /City Engineer Steve Lillehaug described the condition of Brooklyn Boulevard and past studies conducted on this corridor. He explained that past studies, some being 17 years old, may be more applicable to the north end that has been somewhat redeveloped and streetscaped. However, past studies do not address many aspects of having a "shovel ready" project. Mr. Lillehaug displayed photos depicting existing conditions of the corridor, noting it is not pedestrian friendly and lacks aesthetics. The City Council/EDA noted the homes along the Brooklyn Boulevard corridor that have recently been purchased for rehabilitation. Mr. Lillehaug advised of the transportation and development issues identified in the Comprehensive Plan and elements that need to be considered when the final corridor plan is developed. He then presented a summary of work tasks and timeline and estimated it may cost $150,000 to $200,000 to complete a comprehensive corridor study encompassing the work tasks identified. Pending approval, staff will present a budget amendment to use TIF District No. 2 funding at the City Council/EDA's June 27 and August 1, 2011, meetings. The City Council/EDA discussed the recommendation and noted the safety and calming measures will make the corridor more neighborhood friendly. g Y • Mr. Lillehaug reported the County has identified Brooklyn Boulevard as a provisional project in 2015 so it would be best for the City to complete the groundwork for a project it would support. With regard to funding, Lillehaug advised that the Count declined partnering with fundin g g� g Y p g g of the study but would partner with the project, when constructed. The majority consensus of the City Council/E was that the City should take the initiative to define the project to assure it is not governed by minimum costs and to proceed with the RFP for the corridor study and consideration of a staff identified funding source. DESIGNATING CITY COMMISSION TO PROVIDE REVIEW AND INPUT ON THE WATERSHED MANAGEMENT PLAN Mr. Lillehaug stated this consideration is to assign individuals or an advisory committee to provide review and input on the Watershed Management Plan for the Shingle Creek and West Mississippi Watershed Management Commissions. He reported that not all on the Park and Recreation Commission were interested; however, the Planning Commission indicated an interest if it is a routine item at their regular meetings. It was noted this task is for a specified period of time of 12 -18 months. The City Council/EDA discussed options to assign the task to an advisory Commission or appoint a task force of interested individuals. 06/13/11 -3- DRAFT Mr. Lillehaug stated staff discussed involvement by the Housing or Charter Commissions; however, it was believed that water quality issues were a better fit for the Park and Recreation Commission or Planning Commission. With regard to staffing, it was noted that coordination would be required with the Watershed Districts. Mr. Lillehaug stated his preference that it be assigned to the Planning Commission because all were interested and it could be handled at their regular meeting. The majority consensus of the City Council/EDA was to expedite the process through the Planning Commission with an invitation to interested Park and Recreation Commissioners to participate, if they so choose. It was suggested the topic be scheduled at the beginning of the meeting agenda to facilitate the attendance of Park and Recreation Commissioners. REPORT ON SHINGLE CREEK TOWERS SITE Mr. Boganey introduced the item, reviewed the history, and indicated the successful high bidder is a resident of New York. He advised of staff's conversations with HUD representatives and that concern has been expressed by residents and HOME Line relating to whether any sale would be acceptable if it does not guarantee the continuation of affordable rental units for the period of time originally envisioned. Staff has also expressed the City's concern relating to the reputation of the high bidder to HUD and elected representatives and drafted written correspondence. The City Council /EDA discussed its concern with the reportedly poor management practices of the high bidder and support to express its opposition to HUD in the strongest terms as well as provide this information to Senators Franken and Klobuchar and request support. • Councilmember /Commissioner Roche advocated for a proactive stance, researching potential legal action, and taking more aggressive measures, if warranted. Assistant City Attorney Corrine Heine advised that a legal action against HUD would require finding a violation of procedures or regulations. Mr. Boganey explained that if the previous property owner had made this sale, there would have been no recourse for the City. It was noted the City has effective enforcement tools for rental units. The majority consensus of the City Council/EDA was to direct staff to draft a letter for the Mayor's signature as well as contact and provide this information to the City's elected federal officials and request their support. PREVIEW OF NEW CITY WEBSITE Assistant City Manager /Director of Building and Community Standards Vickie Schleuning introduced the item, reviewed the background of the City's website development, and noted the new website design, reflects the progressive nature of the City and the timing complements the City's Centennial Celebration. She advised of Website Development Team and staff members who contributed to the website's design, content, and the process used in its creation. Ms. 06/13/11 -4- DRAFT Schleuning provided a tutorial of the City's new contemporary website design that offers ease of • use, more information, services, and convenience. The City Council/EDA complimented staff on the new website design and suggested it be promoted in City Watch. Mr. Boganey added his appreciation to Ms. Schleuning for her extraordinary work. ADJOURNMENT Councilmember /Commissioner Lasman moved and Councilmember /Commissioner Ryan seconded adjournment of the City Council/Economic Development Authority Work Session at 10:25 p.m. Motion passed unanimously. 06/13/11 -5- DRAFT City Council Agenda Item No. 6b • 1 COUNCIL ITEM MEMORANDUM • DATE: June 21, 2011 TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City Clerk_n SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses at its June 27, 2011, meeting. Background: The following businesses /persons have applied for City licenses as noted. Each business /person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Applicants for rental dwelling licenses are in compliance with Chapter 12 of the City Code of Ordinances, unless comments are noted below the property address on the attached rental report. GARBAGE HAULER • Allied Waste Services P.O. Box 39, Circle Pines Darling International 9000382 d Avenue, Blue Earth Jate Mies 8289 Mississippi Blvd NW, Coon Rapids Randy's Environmental Services P.O. Box 169, Delano T & L Sanitation Service P.O. Box 49695, Blaine Walters Recycling & Refuse P.O. Box 67, Circle Pines MECHANICAL MacDonald Heating & A/C 11848 305 Avenue N, Princeton R & S HVAC 1615 Livingstone Road, Hudson, WI Thermal Engineering & Contracting` P.O. Box 309, Rockford Twin Peaks Heating & A/C 12901221 Avenue NW, Elk River RENTAL See attached report. SIGN HANGER Signminds Inc. 1400 Qunicy Street NE, Minneapolis • Afission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy — Adopted by City Council 03 -08 -10 • Property Code and Nuisance Violations Criteria License Category Number of Units. Property Code Violations per (Based on Property Inspected Unit Code Only) Type I — 3 Year 1 -2 units 0 -1 .. .,.. -.> ... ��. .a,44, a. wb w^v -- } ., _ ..;,__ .r... &.�.. �'v. ,mL,ry .. .4. 1.. .. </.Z1„t.... • Type II — 2 Year 1 -2 units Greater than 1 but not more than 4 huts E eater that ,... , ,x M A Type III — 1 Year 1 -2 units Greater than 4 but not more than 8 Type IV — 6 Months 1 -2 units Greater than 8 License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1 -2 0 -1 Impact hits Q,.'Ox2` 5 or more units 0 -0.35 • Decrease 1 1 -2 Greater than 1 but not more than 3 Category. x fi.2 notmore khan 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1 -2 Greater than 3 Categories4 . ,.t.a 1 5 or more Greater than 0.50 Budget Issues: There are no budget issues to consider. • Mission: Ensuring an attractive, clean, safe conununiry that enhances the quallo of life and preserves the public trust y 4 T 1 P1Colie F111d� ry r n w Ii g f e e a s Cody Lrcne Pollee Lirrerf� iJnpa�d �Jnpaid It 6319 France Ave N Single Family Initial David Upton 0 II N/A II OK OK 5912 Washburn Ave N Single Family Initial Tim Xiong 4 II N/A II OK OK 7212 Willow Ln Single Family Initial Michael Beasley 1 II N/A II OK OK 4910 Wingard PI Single Family Initial Thao Do 1 II N/A II OK OK 3801 Woodbine Ln Single Family Initial Tom Prasky 0 II N/A II OK OK 370147th Ave N 1 Bldgs 6 2 Passed w /Weather Deferral 11 Units Renewal Drew Kabanuk .55 /Unit I .18 /Unit I OK OK 1302 69th Ave N 4 Bldgs 17 9 Carrington Dr Apts 128 Units Renewal Myra Chazin .13 /Unit I .07 /Unit I OK OK 5428 72nd Cir Single Family Renewal Joseph Ditto 0 1 0 1 OK OK 6725 Bryant Ave N Single Family Renewal Vong Duong 1 1 0 1 OK OK 5120 Drew Ave N Single Family Renewal Neng Zhang 1 1 0 1 OK OK 3806 Eckberg Dr Single Family Renewal Precious Properties Inc. 0 1 0 1 OK OK 6243 France Ave N Single Family Renewal 6243 France Ave N 0 1 0 I OK OK 4207 Lakeside Ave #320 Single Family Renewal Heinz Pollinger 0 1 0 1 OK OK 4214 Lakeside Ave N Single Family Renewal James Shoultz 0 1 0 1 OK OK 6830 Perry Ave N ISingle Family Renewal Ming Yao Zheng 4 II 2 III OK OK 6913 Quail Ave N ISingle Family lRenewal Miles Mehaffey 0 1 0 1 OK OK * CFS = Calls For Service for Renewal Licenses Only (Initial Licenses are not applicable to calls for service and will be listed N /A.) ** Final License Type Type I = 3 year Type 11 = 2 year Type III = 1 year City Council Agenda Item No. 6c • • COUNCIL ITEM MEMORANDUM DATE: June 27, 2011 TO: Curt Boganey, City Manager FROM: Vickie Schleuning, Assistant City Manager/Director of Building & Community Standards SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees Recommendation: It is recommended that the City Council declare a public nuisance and order the removal of diseased trees for certain properties as listed in the resolution. Background: The attached resolution represents the official Council action required to expedite removal of diseased trees that were recently arked b the city tree inspector. The City of Brooklyn Center Y Y tY p Y Yn has maintained a policy of removing and properly disposing of diseased trees in order to prevent • tree diseases from spreading throughout the community. The removal of diseased trees is p g g o unity. e defined in City Ordinance Chapter 20 -301to 20 -306. Although the City has historically focused on Dutch Elm disease, other transmissible diseases and infestations are addressed as well. Property owners are given the opportunity to remove the diseased tree on their own or enter an agreement to allow the city to remove the diseased tree. Where an a g r eement with the p rop er ty g Y �' P p Y owner is executed, a minimal administrative pP charge of $50 is applied to the costs associated with the tree removal. After a diseased tree is declared a public nuisance by the City Council, another Compliance Notice will be rovided to the property owner allowing additional time at least five days, for owi a o p P P Y g � Y� voluntary correction, again providing an option for an agreement with the City. If the property owner does not correct the violation or enter into an agreement, the City will remove the diseased tree. An administrative abatement service charge will be charged based on the cost of the abatement, with a minimum charge of $150. Budget Issues: The City's share of the cost of removal for diseased trees within the public right -of -way and on City property is included in the 2011 budget under the Public Works Forestry operating bud Y p p Y g �3' p g et. g The cost of removal for diseased trees located on private property is the responsibility of the • respective property owner, and if unpaid, is specially assessed to the property. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Council Goals: Strategic: We will encourage city -wide environmental sustainability efforts. Ongoing: We will provide streamlined, cost effective, quality services with limited resources. • • Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES AT CERTAIN PROPERTIES IN BROOKLYN CENTER, MINNESOTA WHEREAS, Brooklyn Center City Code Section 20 -301 declares any diseased tree a public nuisance and provides for abatement by the City if not corrected by the property owner; and WHEREAS, removal of diseased trees and abatement of the public nuisances is necessary to prevent the spread of tree diseases and to protect the environmental quality and desirability of neighborhoods; and WHEREAS, a Notice to Abate Nuisance and a Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove diseased trees on the owners' property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring • them a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The diseased trees at the following addresses are hereby declared to be a public nuisance. Property Owner Property Address Tree Type and No. MHFA 6126 June Ave N Birch 9 Alondra Rojas 6200 June Ave N Birch arch 10 Melissa Moen 5836 Abbott Ave N Elm 16 Rosalind Keller 6041 Bryant Ave N Elm 17 Cary Carlson 5300 James Ave N Elm 19 Michael Waldner 5339 Irving Ave N Elm 20 Lee Tillman 5807 Humboldt Ave N Elm 21 2. After twenty (20) days from the date of the initial notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. . 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. The cost of abatement shall be recorded and become the personal responsibility of the owner of record. If unpaid, the costs shall be • specially assessed to the property in accordance with city codes and Minnesota Statutes Chapter 429. Date Tim Willson, Mayor ATTEST: City 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. • • City Council Agenda .Item No. 6d • • COUNCIL ITEM MEMORANDUM DATE: June 21, 2011 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works /City Engineer�� SUBJECT: Resolution Approving Final Plat for RAINBOWS GARDEN CITY SECOND ADDITION Recommendation: It is recommended that the City Council consider approval of the Resolution Approving Final Plat for RAINBOWS GARDEN CITY SECOND ADDITION. Background: The Brooklyn Center City Council approved the proposed plat based upon certain conditions (see attached conditions of approval - Planning Commission Resolution No. 2011 -09). The attached final plat for RAINBOWS GARDEN CITY SECOND ADDITION was developed by Jeff Kauerz (for AutoZone) and would subdivide Lot 2, Block 1, Rainbows Garden City addition to allow 2 new independent parcels with shared parking. Mr. Kauerz is now seeking final plat approval from the City Council. The final plat is recommended for approval subject to the conditions established by the City Engineer and City Attorney based on a review of an updated (within past 30 days) title commitment provided by the applicant, conditions as previously recommended by the Planning Commission, and any conditions established by Hennepin County for recording of the plat documents. Budget Issues: The applicant has paid a final plat application fee of $125 and must reimburse the City for any additional engineering, administrative, legal or other fee associated with the filing and recording of the final plat. Council Goals: Strategic: 2. We will aggressively proceed with implementation of City's redevelopment plans Ongoing: 1. We will provide streamlined, cost effective, quality services with limited resources Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT FOR RAINBOWS GARDEN CITY SECOND ADDITION WHEREAS, the Planning Commission has recommended approval for the final plat for RAINBOWS GARDEN CITY SECOND ADDITION based on certain conditions as set forth in the Planning Commission Resolution No. 2011 -09; and WHEREAS, Jeff Kauerz has applied for approval of the final plat for RAINBOWS GARDEN CITY SECOND ADDITION as required by City Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the final plat for RAINBOWS GARDEN CITY SECOND ADDITION is hereby approved, subject to the following conditions: 1. nditi n the Planning Commission Resolution Co o s as previously recommended by g No. 2011 -09 and /or as revised and amended by City Council actions taken on said development's Preliminary Plan approval. 2. Property owner must provide an executed and certified recorded copy of an overall utility facilities easement agreement for all private utility facilities connected into the City's utility system. 3. Property owner must provide an executed and certified recorded two foot wide sidewalk easement along the southerly and easterly property lines of lot 2, block 1 and along the southerly property line of lot 1, block 1. 4. Property owner must formally request release and termination of all existing public easements that are being granted on the final plat. 5. Evidence of title satisfactory to the City Attorney and City Engineer. 6. Any other. conditions as established by Hennepin County for recording of said Final Plat. RESOLUTION NO. June 27, 2011 Date Mayor ATTEST: City 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 Parks introduced the followin g resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2011 -09 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2011 -011 SUBMITTED BY JEFF KAUERZ ON BEHALF OF AUTOZONE INC. WHEREAS, Planning Commission Application No. 2011 -011 submitted by Jeff Kauerz on behalf of AutoZone Inc. proposes rezoning from C -2 (Commerce) to PUD /C -2 (Planned Unit Development/Commerce) of a 12.41 acre lot; and WHEREAS, the proposal comprehends the rezoning of the above mentioned property to provide flexibility in the establishment of shared parking and access easement rights across property lines, plus allowance of a zero -lot line setback between parking facilities; and WHEREAS, the Planning Commission held a duly called public hearing on May 12, 2011 when a staff report and public testimony regarding the rezoning, overall development plan and access easement documents with legal descriptions and illustrations demonstrating the shared parking and access easements were received; and WHEREAS, the Planning Commission considered the Planned Unit Development request in light of all testimony received, the guidelines for evaluating rezoning contained in Section 35 -208 of the City's Zoning Ordinance, the provisions of the Planned Unit Development ordinance contained in Section 35 -355 of the City's Zoning Ordinance and the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2011 -011 submitted by Jeff Kauerz on behalf of AutoZone Inc. be approved based upon the following considerations: 1. The Planned Unit Development is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. 2. The Planned Unit Development proposal will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. 3. The utilization of the property as proposed under the Planned Unit Development Rezoning is considered a reasonable use of the property and will conform to ordinance standards established by the underlying C -2 Zone. These modifications from the C -2 standards are justified on the basis of the development being an 1 appropriate sharing of parking resources and facilities between these properties and the commercial uses for this area. Furthermore, this PUD offsets or mitigates the requirements of installing physical separators or improvements that may impede normal, orderly and seamless transition between properties by customer vehicles and pedestrians. 4. The Planned Unit Development proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city. 5. The Planned Unit Development proposal appears to be a good long range use of the existing land and this development can be considered an asset to the community. 6. Based upon the above considerations, it is believed that the guidelines for evaluating rezoning as contained in Section 35 -208 of the City's Zoning Ordinance are met and the proposal is, therefore, in the best interest of the community. BE IT FURTHER RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2011 -011 be approved subject to the following conditions and considerations: 1. Completion of the platting of Rainbows Garden City Second Addition. 2. City Attorney review and approval of the submitted document labeled "Exhibit " which provides legal descriptions and illustrations of the proposed parking easements, access easements and shared access easements to serve the existing and future owners of proposed Lot 1 and 2, Block 1, Rainbows Garden City Second Addition, and including Lot 1, Block 1 Rainbows Garden City Addition (Walgreen's). 3. Property owners shall provide an executed copy (with all affected property owners signatures) of the shared access easements and parking easements prior to release of the final plat. Said agreement must show or detail which parking stalls are to be shared. 4. Provide cross utility agreements between the properties. 5. The fifty -six (56) parking stalls (east of AutoZone) should be identified and included in the shared parking access exhibits. 6. Revise the north arrow on the preliminary plat to indicate north correctly. 7. Execution of a PUD development agreement as prepared by the City Attorney. `� 2 l �C- Date Chair i r ATTEST: Secretary The motion for the adoption of the foregoing resolution was duly seconded by member Morgan and upon vote being taken thereon, the following voted in favor thereof: Chair Pro Tern Kuykendall, Commissioners Morey, Morgan, Parks, and Schonning and the following voted against the same: whereupon said resolution was declared duly passed'and adopted. 3 RAINBOWS GARDEN CITY SECOND ADDITION R.T. DOC.NO. • KNOW ALL PERSONS BY THESE PRESENTS: That BCK Enterprises, LLC, a Minnesota limited liability company, owner � __ and proprietor of following described property situated in the County of Hennepin, State of Minnesota, to wit: I I (1 Lot 2, Block 1, RAINBOWS GARDEN CITY ADDITION Has caused the same to be surveyed and platted as RAINBOWS GARDEN CITY SECOND ADDITION and does hereby donate and dedicate to the public for public use forever the public way and donate and dedicates the easements for ` I y drainage and utility purposes only as shown on this plat. yml a- .-FDUrD 1 2• " I ° In witness whereof said BCK Enterprises, LLC, a Minnesota limited liability company, has caused these presents to be F -FOUND 1/2• - -� Al ; r , • •, ,I \ RON WPE i I � a signed by —, Its proper officer, this day of .2011. ' RON PIPE i R25718 N89e58'31 "E 1062.50 _ -- - -- ' - BCK ENTERPRISES, C _- 354>� - LL \ 1 44. C - - - 208.67 N07°40'05 ° W - �; 35 z 773.70 = X70 " 1 , fit 75.62 ; 1 N ° - -- 1017.68 - -- 60 \ aA N r APO \ iJ\ + ,j 5B�� DRAINAGE 11 � �, _ 582°25'0! "W -�- = STATE - 37a�7-- - - - - -- _ COUNTY OF was ac now before me this _ _ __ o The foregoi instrument acknowledged ed day of , 2011, i UT/L/TY EASEMENT/ I F _ 9 9 9 Y by 589°5815 °W 457.14 -nU7YA AE AND - '� I cro 2 = - - - - - �'� - ( SEMENT , , ,,, , „ of BCK Enterprises, LLC, a Minnesota limited liability com on ^_$3 _1 - - - �?\ 1 behalf of the company. �c0 G \ 0 • e , ,• i, DRAINAGE AND - „°� - t to O 10 S89 58 31 W 185 53 : , ;'26.17 '� F UTILITY EASEMENT _ 184.7 . \ 04 ° W _ 5 P01hD i - - - - - -- .a - -- - -- =,7c Sg225' y\ ` FPOKU`` PK NAL = 65.12 — A F� 58936'15 ° W 304.27 �\ 41 65 5a 3 j 1Sa93695 I �' �� Ino g Notary Public, County, (Printed name) °nn1 4 i Whl My Commission Expires 6 N aN I 1 Daniel L. Th rmes do hereby certify that this plat was prepared by me or under my direct supervision; that I am a - _ HOLE I ml F •�; : \ci I duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on the plat; that all monuments depicted on 47 I o%: ��) v js_ I ^ �' the plat have, been or will be correctly set within one year; that all water boundaries and wet lands, as defined in 1 . �a Minnesota Statutes 505.01, Subd. 3, as of the date of this certificate are shown and labeled on the plat, and all co O public ways are shown and labeled on the plat. CM i ko 0 "'• , / Ilk I ,4 /A/ Daniel L Thurmes, Land Surveyor / _ \ II Nr°�� Minnesota License No. 25718 STATE OF MINNESOTA 'z• O y /{'� - nl I I {D -- COUNTY OF WASHINGTON \ 6 T, Pt N Y. / ' �l I I This Instrument was acknowledged before me this day of , 2017, by Daniel L. Thurmes. `w�( - FOUND PKNAL se 50'17" v�u ,,2 175. "E L=72 81 __84.09 is I I 1 1 - 2ry9 3 _ ,.... , ., . . \ =L -, / ; w / ��� NI I � o — (Printed name) • - HOLE a ``�\ �� 0 •W PI N Notary Public, Dakota County, Minnesota t , I 'to T ___ gl I I My Commission Expires January 31, 2015 '750161 P, NAL; B L O C K 1 ZI '.--- 258.56 i ` I / - 58 =3YW - - 1 - I I W 111.69 ' — � I I 4�j _ _ _ _ BROOKLYN CENTER, MINNESOTA ' I , I kO - I This plat of RAINBOWS GARDEN CITY SECOND ADDITION was approved and accepted by the city council of Brooklyn 00 • Center, Minnesota, at a regular meeting thereof held this _ day of , 2011. If applicable, the t; o" G y9 i I I li 2� written comments and recommendations of the Commissioner of Transportation and the County Highway Engineer : r7 have been received by the city or the prescribed 30 day period has eleapsed without receipt of such comments and 0 Os O s Fy'ya I I I qh/ I I cW - recommendations, as provided by Minnesota Statutes Section 505.03, Subdivision 2. 'P c i of 1 I 's = I I CITY COUNCIL OF BROOKLYN CENTER, MINNESOTA G Ni I l � � � 'o < I I I �' N \ / % i -_ L BY Mayor By Manager i TAXPAYER SERVICES DEPARTMENT, Hennepin County, Minnesota I hereby certify that taxes payable in the year 2011 and prior years have been paid far the land described on this 79.63 plat, dated this day of , 2017. ab 21 I I � N89°4334 ° W 17 .. _. l -5. LINE OF LOT 2, 6LOCK Jill L. Alversan, COUnry Auditor BY ,Deputy \ g�6`�JNI I Ii '' RAINBOWS GARDEN CRY 60 '- sS O 'III ° - --- -- 0 -- e 631.98 --------------------------- - - - - -- ------------ - -_ - __ 158.00 _ - - -- __; SURVEY DIVISION, Hennepin County, Minnesota S89e58'31 "W 789.98 1, - -ON Pursuant to Minnesota Statutes Sec. 383B.565 (1969), this plat has been approval this day of IR PIPE , 2011. 0 0 "" • `� " `- William P. Brown, County Surveyor By \ 60 - REGISTRAR OF TITLES, Hennepin County, Minnesota \ - - 1 hereby certify that the within plat of RAINBOWS GARDEN CITY SECOND ADDITION was I filed In this office this day of , 2011 at o'clock �M. - I •- '_ I , • I I Michael H. Cunniff, Registrar ofTiUes By , Deputy 0 60 120 DRAINAGE AND UTILITY EASEMENTS ARE SHOWN AS THUS: BEING 5 FEET IN WIDTH (NO SCALE) AND ADJOINING LOT LINES, • Denotes found 1/2 Inch iron monument UNLESS OTHERWISE (unmarked unless noted). 5 INDICATED, AND BEING 70 NORTH SCALE IN FEET 10 5 WIDTH 10 AD OINI G RIGHT OF WAY 0 Denotes 1/2 inch by 14 Inch Iron monument _ 1 - J L - r _ LINES UNLESS OTHERWISE BEARINGS SHOWN ARE ORIENTATED TO THE SOUTH LINE OF LOT 2, BLOCK 1, set and marked RLS 25718 unless Otherwise noted. INDICATED AS SHOWN ON RAINBOWS GARDEN CITY WHICH IS ASSUMED TO BEAR SOUTH 89 DEGREES 58 THE PLAT. MINUTES 31 SECONDS WEST. } CORNERSTONE LANE) SURVEYING, INC City Council Agenda Item No. 6e 1 • COUNCIL ITEM MEMORANDUM • TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: June 22, 2011 SUBJECT: Application and Permit for Temporary On -Sale Liquor License Submitted by The Church of St. Alphonsus, 7025 Halifax Avenue North, for an Event to be Held July 30 and 31, 2011 Recommendation: It is recommended that the City Council consider approval of the application and permit for temporary on -sale liquor license submitted by The Church of St. Alphonsus, 7025 Halifax Avenue North, for an event to be held July 30 and 31, 2011. Background: The Church of St. Alphonsus, 7025 Halifax Avenue North, has submitted an application and permit for temporary on -sale liquor license for an event to be held July 30 and 31, 2011. The applicant has satisfied the City's requirements, submitted the $25 license fee for each day of the event, along with a certificate of coverage for liquor liability insurance, and has existed as a • religious organization for at least three years. After Council review, the application and permit will be forwarded to the Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division for approval. City Ordinance Section 11 -107 (6) Temporary On -Sale Intoxicating Liquor License. This license may be issued only upon receiving the approval from the Commissioner of Public Safety. The license may be issued only in connection with a social event within the city that is sponsored by a club or charitable, religious, or other nonprofit organization that has existed for at least three years or to a brewer who manufactures fewer than 3,500 barrels of malt liquor in a year. The license may authorize the sale of intoxicating liquor to be consumed on the Premises for not more than three consecutive days, and the City shall issue no more than twelve days' worth of temporary licenses to any one organization or for any one location within a 12 -month period. The temporary license may authorize the sale of intoxicating liquor to be consumed on Premises other than Premises the licensee owns or permanently occupies. The temporary license may provide that the licensee may contract for intoxicating liquor catering services with the holder of an On -Sale Intoxicating Liquor License issued by any municipality. Budget Issues: There are no budget issues to consider. • OF - FUI� FE S�2 0 11 }-a (� Minnesota Department of Public Safety s ALCOHOL AND GAMBLING ENFORCEMENT DIVISION 444 Cedar Street Suite 222, St. Paul .MN 55101-5133 (651) 201 -7507 Fax (651) 297 -5259 TTY (651) 282 -6555 W W W.DPS.STATE.MN.US -� APPLICATION AND PERMIT FOR A I TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION NAME OF ORGANIZATION DATE ORGANIZED TAX EXEMPT NUMBER ST ALPHONSUS CHURCH 195 -9 ES 32045 STREET" ADDRESS CITY" STATE ZIF CODE 7025 HALIFAX AVE N ROOKLYN CENTER MN 55429 NAME OF PERSON MAKING APPLICATION BUSINESS PHONE HOME PHONE .Michelle Karlson X63)503 -3389 ( I DATES LIQUOR WILL BE SOLD TYPE OF ORGANIZATION CLUB July 30- 31,2011 C HARITABLE _L TH R NONPROFIT ORGANIZATION .OFFICER'S NAME ADDRESS Fr Patrick J Grile C.Ss.R. 7025 Halifax Ave N Brooklyn Ceht r MN 5542 ORG) I I N O F E A E� ADDRESS ORGANIZATION OFFICER'S NAME ADDRESS Location license will be used. If an outdoor area, describe School &•Church parking lot _ • Will the applicant contract for intoxicating liquor service? If so, give the name and address of the liquor licensee providing the service. Will the applicant carry liquor liability insurance? If so, please provide the carrier's name and amount of coverage. egahali - 1'�Lt+Etal Rel;ey Soci•e A• go nhe r]CA. _SOU Ooa ea,c�% occo rr^enr-- APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL & GAMBLING ENFORCEMENT CIT COUNTY k4 n r( DATEAPPROVED CITY FEE AMOUN •OO I GIG( LICENSE DATES DA FEE PAID �l l Yl ! O�DI 1 SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED DIRECTOR ALCOHOL AND GAMBLING ENFORCEMENT NOTE: Submit this form to the city or county 34 days prior to event. Forward application signed by city and /or county to the address above. If th ,c�,t,,:.at:� 3:.�.� : :.. :7.... .. �� .. <s C :......a: �: r.c. I' - !': ° *_ean to be used as the License for the event FS -09099 (12109) City Council Agenda Item No. 7a COUNCIL ITEM MEMORANDUM DATE: June 22, 2011 TO: Curt Boganey, City Manager FROM: Mayor Tim Willson PREPARED BY: Sharon Knutson, City Clerk SUBJECT: Resolution Expressing Recognition of the Achievement of the Park Center High School Girls Softball Team Recommendation: It is recommended that the City Council consider adoption of Resolution Expressing Recognition of the Achievement of the Park Center High School Girls Softball Team. Background: The Park Center High School girls softball team won the Class 2A state tournament for the 2nd consecutive ear. Two of the team members Kati Fern and Nicola Tade are Brooklyn Center Y � yn residents. The team manager has been notified, and she indicated that team members will be present at the meeting. . Budget Issues: There are no budget issues to consider. • Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF THE ACHIEVEMENT OF THE PARK CENTER HIGH SCHOOL GIRLS SOFTBALL TEAM WHEREAS, the Park Center High School girls softball team competed in the Class 2A state softball tournament; and WHEREAS, it was the second consecutive Class 2A state championship win for the Park Center High School girls softball team; and WHEREAS, two members of the Park Center High School girls softball team - Kati Fern and Nicola Tade — are Brooklyn Center residents; and WHEREAS, it is highly appropriate to, recognize the accomplishment and achievement of the Park Center High School girls softball team, which consists of Megan Baker, Dani Brown, Abby Demorett, Kati Fern, Jaden Fischer, Julia Holmes, McKenzie Lindberg, Victoria Martinson, Jordan Petersen, Hannah Schaub, Nicole Schaub, Samantha Swanson, Nicola Tade, Lauren Torborg, and Megan Vanhulzen; and WHEREAS, Coach Steve Ericson and his staff are commended for their dedication • and commitment; and WHEREAS, the City Council of the City of Brooklyn Center congratulates, commends, and supports the Park Center High School girls softball team. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the achievement of the Park Center High School girls softball team is hereby recognized and acknowledged by the City of Brooklyn Center. June 27 2011 Date Mayor ATTEST: City 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. City Council Agenda Item No. 10a COUNCIL ITEM MEMORANDUM • DATE: June 27, 2011 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk am* 4* SUBJECT: Type IV 6 -Month Provisional Rental License for 910 55 Ave N Recommendation: It is recommended that the City Council consider approval of the issuance of a Type IV 6 -Month Provisional Rental License and mitigation plan for 910 55 Ave N. If the Council chooses to not issue the license, it is recommended that the motion be to direct staff to prepare proposed findings for denial of the rental license and draft said resolution for the next Council meeting. Background: This owner is applying for a new rental license. This property qualifies for a Type IV provisional rental license, based on eleven property code violations found during the initial rental license inspection. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 11 -16 -10 Julie Kazmierkoski applied for a rental dwelling license for 910 55th Avenue North, a single - family residential property. 11 -23 -10 Initial rental inspection conducted (eleven orders cited, see attached rental criteria). 12 -27 -10 Reinspection noted violations remain. 02 -18 -11 Reinspection conducted and passed with weather deferral. 02 -22 -11 Letter to owners notifying of qualification for Type IV 6 -Month Provisional Rental. License, including additional requirements to obtain a rental license (submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc.). 03 -08 -11 Staff spoke to owner about the mitigation plan requirements. 03 -24 -11 A faxed mitigation was received, but information missing and it was not legible. Staff sent an email. 03 -29 -11 New mitigation plan was requested. 04 -05 -11 Staff spoke to owner, who stated the mitigation plan would be mailed. 04 -22 -11 Email sent requesting mitigation plan. • Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM 05 -25 -11 Voicemail left for owner stating a citation would be issued if mitigation' plan not • completed. 05 -27 -11 Mitigation plan received. 5 -31 -11 Inspection completed regarding weather deferral and passed. 6 -2 -11 Zero validated police incident/nuisance calls occurred in the past 12 months. 6 -2 -11 Mitigation Plan finalized. If approved, after six months, a new rental license will be required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12 -911. The terms of the mitigation plan must also be met. • Mission: Ensuring n attractive clean sae community r t e rust g f that enhances the quality of lrfe anal p eserves public t h p COUNCIL ITEM MEMORANDUM Excerpt from Chapter 12 of Citv Code of Ordinances: Section 12 -913. TYPE IV PROVISIONAL LICENSES. 1. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12 -901 and 12 -911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with. a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the • Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and /or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. • Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy - Adopted by City Council 03 -08 -10 • 1. Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2. Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3. Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4. License Category Criteria. • a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. • Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM i Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I — 3 Year 1 -2 units 0 -1 3 ±units' 0 -0.75 Type II — 2 Year 1 -2 units Greater than 1 but not more than 4 3+ units' Greater, than 0.75 but not inore, than 1.5 Type III — l Year 1 -2 units Greater than 4 but not more than 8 3+ units Greater than but not more than 3 Type IV — 6 Months 1 -2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include i disorderly activities and nuisances as defined in Section 12 -911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1 -2 0 -1 Impact 3 -4' units 0 -0.25 5 or more units 0 -0.35 Decrease 1 1 -2 Greater than 1 but not more than 3 Category 3 =4! units Greater than 0:25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1 -2 Greater than 3 Categories 3- 4units Greater than 1 i 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Budget Issues• • There are no budget issues to consider. Council Goals: Strategic: We will ensure a safe and secure community We will stabilize and improve residential neighborhoods Attachment- Mitigation Plan Mission: Ensuring an attractive, clean, safe community that enhances the qualiv of life and preserves the public trust Cit of Brooklyn Center 6301 Shingle Creek ParInvay Brooklyn Center, MN 55430 -2199 Rental License MidgaHon Plan (Type N License) Handwritten plans will not be accepted Please type or use frllable form on City website. Property Address: 910 55th Ave North Owner Name: Jim & Julie Kazmierkoskl Local Amt: Owner Address: Agent Address: 6468 Matthew Circle, Eden Prairie, MN 55346 Owner Phone: 612 - 749 -7375 Agent Phone: Owner Email: PerlbergJ@aol.com Agent Email: The above referenced property qualifies for a Type N Rental License. A Mitigation Plan must be completed and reviewed by City staffbefore the rental license application can be considered for approval by City Council. A Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable Codes. The Mitigation Plan provides an opportunity to review property concerns and identify possible solutions to improve the overall conditions ofthe ro S ection A — R uired Documents Submit the fallowing documents with the Mitigation Plan for approval: • = 1. Crime Free Housing Program Training Certificate 2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum �� 3. Signed & Completed Mitigation Plan 4. Security Assessment Report (Performed by the Brooklyn Center Police Department) =5. Submit written report by l tO`" of each month (after license approval). Section B — Crime Free Housing am uirements Phase I 1. Use written lease including Crime Free Housing Lease Addendum. 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if requested. 3. Pursue the eviction of tenants who violate the terms ofthe lease or any addendums. 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: �' 10 Date Course Scheduled: Phase 1I Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Comp leted: 03114/2011 hn m ements to be com leted b . 03/28/2011 Page 1 Type N Mitigation Plan 1 -11 • Phase I[I ® 1 will attend a minimum of 50% of the ARM meetings (four). I will attend the ARM meetings scheduled for: . & mn 2011 �� !k111 & I Y I 1 will have no repeat code violations previously documented within the past year. For properties with fora or more units: I will conduct resident training annually that includes crime prevention techniques. I will hold regular resident meetings. Section C — "ng Term Capital Improvements Plan Date Last Replaced Future Replacement Date Fumace /AC 12/01/2010 Water Heater 111OW010 Kitchen App liances 12/01/2010 Laundry App liances 12!01/2010 Exterior _ -Paint/Siding 06 101/2011 - Windows -Roof -Fence -Shed - Garage 06/0112011 - Driveway 12101/2010 • -- Sidewalks 121012010 Smoke Alarms & Carbon Monoxide Alarms Other. Section D - Steps to Improve Management and Conditions of Prope Implementing the following best practices may assist in the management of your property. By checking the boxes below, you agree to: Check in with tenants every 30 days. ✓ Drive by property to check for violations twice a month. Evict tenants in violation of the lease and all addendums. Provide lawn /snow service. Provide garbage service. Install security system. = Provide maintenance service plan for appliances. Name of service company: Pro -Far I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City. Q Other. If the Type IV Rental License is approved by the City Council, the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the 10' of each calendar month, the licensee must submit to the Building and Community Standards Department a written report describing all steps taken to comply with the Mitigation Plan. Page 2 Type N Mitigation Plan 1 -11 • • I verify that all information provided above is true and accurate. I understand that if I do not comply with an approved Mitigation Plan, enforcement actions such as citation, formal complaint or license review may result. r er or Agentlignature / Title Date Additional d er or Agent Signature / Title bate (Ifappticable) 4 p / Police Department / Title DA Building & Co muniry Standards Department /Title Date • Page 3 Type N Mitigation Plan 1 -11 City Council Agenda Item No. lOb COUNCIL ITEM MEMORANDUM DATE: June 23, 2011 • TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business and Development' SUBJECT: Resolution Calling for a Public Hearing by the City Council on the Proposed Amendment of the Tax Increment Financing Plan for Tax Increment Financing District No. 2 Recommendation: It is recommended that the City Council consider approval /adoption of the Resolution Calling for a Public Hearing by the City Council on the Proposed Amendment of the Tax Increment Financing Plan for Tax Increment Financing District No. 2 Background: Tax Increment District No. 2 was established in 1985 as a Redevelopment District to remedy conditions of economic obsolescence, physical blight, under utilization of land, extensive soil corrections which the private sector has not been willing or able to accomplish and correction of numerous traffic hazards and pedestrian conflicts. • In 1991, the District's Finance Plan was amended to include additional TIF budget allocations to the following line items: - Land/Building Acquisitions - Installation of Public Utilities - Parking Facilities - Streets and Sidewalks Social, Recreation & Conference ( an eligible activity prior to 2000) In 1994, the District's project area was enlarged to include the geographic boundaries of the city and the following additional objectives were added: • To enhance the tax base of the City. • To provide maximum opportunity, consistent with the needs of the City, for redevelopment by private enterprise. • To better utilize vacant or undeveloped land. • To attract new businesses. • To acquire blighted or deteriorated residential propriety for rehabilitation or clearance and redevelopment. • To develop housing opportunities for market segments underserved in the City, including housing for the disabled and elderly. • Mission: Ensuring an attractive, clean, safe community that enhances the duality of life andpreserves the public trust COUNCIL ITEM MEMORANDUM A 2001 Legislative amendment: provided for the Duration Limit of a District to be 25 years from . the date of receipt by the authority of the first tax increment (469.176, subd. Ib(a)(4) (Supp. 2001). The decertification of this district was adjusted to December 31, 2011. In 2004, the EDA adopted Resolution No. 2004 -13 which approved an administrative amendment to the Tax Increment Financing Plan for Tax Increment Financing (Redevelopment) District which reallocated the $53,774,537 budget. In 2010, Tax Increment District 2 was identified as the funding source the City's share of the Shingle Creek Improvement Project On April 28, 2011, the City Council and EDA approved a TIF 2 Spending Plan pursuant to the provisions of the State Job's Bill which authorized the use of funds from Tax Increment District 2 to the following projects: $ 340,000 Embassy Suites — Heritage Center link (Hotel/D -Barn portion) $2,400,000 Shingle Creek Crossing TIF 5 financial assistance loan program On June 27, 2011, the EDA will also be considering the following additional projects to the TIF 2 Spending Plan: $ 190,000 Shingle Creek Crossing (Assistance for the Midas Acquisition) $ 80,000 Real Estate Recycling loan for environmental report/tests (Howe Site) Proposed Amendment to Tax Increment Finance District No. 2 The proposed amendment includes three basic components: • - The amendment restates and clarifies the revenues and disbursements of the original plan and the 1991 amendment. Additionally, it formally amends the Finance Plan to address line item changes of the 2004 the administrative budget amendment. - The amendment identifies the Tax Increment Spending Plan authorized by the Minnesota Jobs Bill and includes the Brooklyn Boulevard Corridor Study and the Acquisition of the MnDOT excess Right of Way from the France Ave./Hwy 100 interchanges improvements (the remainder of the former Denny's Restaurant Lot) to be funded by the tax increment to be received in 2011. - The amendment provides a TIF 2 budget that would allow the future repayment of the TIF 5 inter -fund loan to be used on the following public improvements: The Brooklyn Boulevard Corridor, the 57t Ave. Corridor, and the Humboldt Ave. Corridor. Attached is a copy of a draft plan, proposed schedule and resolution setting a public hearing for August 8, 2011. This resolution also authorizes distribution of the plan to the school district and Hennepin County. A Work Session will be scheduled for the July 11 2011, City Council meeting, at which time the City's financial consultant will provide a presentation of the plan amendment and answer Council questions. Mission: Ensuring an attractive, clean, safe corm unity that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM • Budget Issues: Tax Increment District No. 2 will close on December 31, 2011, at which time the tax capacity captured by this Tax Increment District will be returned to all of the taxing authorities. This budget amendment enables the EDA to continue making investments into the City's infrastructure and promote economic development opportunities which strengthen the City's tax base. Council Goals: Strategic: 2. We will aggressively proceed with implementation of City's redevelopment plans Ongoing 5. We will improve the image of the City with citizens and others Mission: Ensuring an attractive, clean, safe community that enhances the duality of life anapreserves the public trust Member introduced the following resolution and moved • its adoption: RESOLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL ON THE PROPOSED AMENDMENT OF THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 2 BE IT RESOLVED by the City Council (the "Council ") of the City of Brooklyn Center, Minnesota (the "City"), as follows: Section 1. Public Hearing This Council shall meet on August 8, 2011, at approximately 7:00 P.M., to hold a public hearing on the proposed amendment of the Tax Increment Financing Plan for Tax Increment Financing District No. 2 (the "Modification "), all pursuant to and in accordance with Minnesota Statutes, Sections 469.090 to 469.1082, and Sections 469.174 to 469.1799, inclusive, as amended, to amend the budget for the Tax Increment Financing District. Section 2. Notice of Public Hearin a, Filing of Modification City staff is authorized and directed to work with the City's consultants to prepare the Modification and to forward the same to the appropriate taxing jurisdictions including Hennepin County, Independent School District No. 286 (Brooklyn Center) and Independent School District No. 281 (Robbinsdale). The City Clerk is authorized and directed to cause the Notice of the Public Hearing attached hereto as Exhibit A, together with an appropriate map as required by law, to be published at least once in the official newspaper of the City not later than 10, nor more than 30, days prior to August 8, 2011, and to place a copy of the Modification on file in the City Manager's office at City Hall and to make such copy available for inspection by the public. June 27 2011 Date Mayor ATTEST: City 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. • City of Brooklyn Center, Minnesota Modification of Tax Increment Financing District No. 2 Time Schedule — (Public Hearing Date— August 8, 2011) Date of Event Modification of TIF 2 Monday, June 27, 2011 City Council calls for public hearing @ 7:00 PM for Monday, August 8, 2011 to consider modification of TIF District No. 2 (budget adjustments) (resolution provided by Kennedy & Graven) Tuesday, June 28, 2011 County Commissioner receives notification letter of modification of -TIF District No. 2 30 days prior to publication notice On /Before Friday, July 8, 2011 County and School Districts receive impact letters and TIF Plan Modification (sent by < Springsted) • 30 days prior, to public hearing Monday, July 11, 2011 City Council Worksession @ 6:00 PM Discussion of TIF documents Thursday, July 28, 2011 Publication of notice of public hearing on Deadline: Tues., July 19, 2011 modification of TIF No. 2 (Sun Post arrangements made by City) 10 -30 days prior to public hearing Monday, August 8, 2011 City Council holds public hearing, and adopts resolution @ 7:00 pm approving modification of TIF District No. 2 (resolution provided by Kennedy & Graven) Monday, August 8, 2011 EDA adopts resolution approving modification of Following City Council Meeting TIF District No 2 (resolution provided by Kennedy & Graven) After August 8, 2011 Filing of TIF District Modification (completed by Springsted) • Prepared on June 21, 2011 Brooklyn Center Economic Development Authority, Minnesota Modification to Redevelopment Plan for Housing Development and Redevelopment Project No.1 And Modification No. 3 to Tax Increment Financing Plan for Tax Increment Financing District No. 2 (A Redevelopment District) Within Housing Development and Redevelopment Project No.1 • (Earle Brown Farm Project) Dated: June 22, 2011 (Draft) Modification Approved: August 8, 2011 (scheduled) Original Plan adopted July 22, 1985 Modification No.1 adopted February 1, 1991 Modification No. 2 adopted April 25,1995 (Project Area modified) Prepared by: SPRINGSTED INCORPORATED 380 Jackson Street, Suite 300 St. Paul, MN 55101 -2887 (651) 223 -3000 WWW..SPRINGSTED.COM • Introduction • The purpose of this Modification No. 3 to the Tax Increment Financing Plan for Tax Increment Financing District No. 2 is to make adjustments to the Estimated Project Costs and Estimated Revenue Sources. This amendment increases the overall spending of a "TIF only" budget (the original and modified budgets included non -TIF revenues and assumed spending). The sections specifically being modified are the Acquisition Plan, Estimated Project Costs, Revenue Sources and Impact on Taxing Jurisdiction. This amendment does not reflect all the legislative changes that have occurred since original adoption, and may not reflect fully the financial ramifications of all the TIF and property tax system changes. Furthermore, this modification includes the estimated fiscal and economic implication of the tax increment financing district, as modified; which was not a requirement at the time of original adoption. • • TABLE OF CONTENTS • Section Page(s Section I Definitions .............................. ............................... 1 Section II Modification to Redevelopment Plan for Redevelopment Project ....................... ............................... 2 Section ILA Statement and Finding of Public Purpose .............................................. ............................... 2 Section 11.13 Statutory Authorization ..................................................................... ............................... 2 Section II.0 Statement of Objectives ................................... ............................................................. 2 Section III Modification of TIF District No. 2 ............................................................... .........._.................... 3 Section I II.A Acquisition Plan .............. .... 3 ........................................................... ........................:...... Section 111.13 Estimated Project Costs ................................................................... ............................... 3 Section III.0 Estimated Revenue Sources .............................................................. ..............................4 Section III.D Impact on Taxing Jurisdiction ........................................................._.. ............................... 6 Exhibit I: Map of Project Area and TIF District .............................. ......... 7 • Brooklyn Center Economic Development Authonty, Minnesota Section I Definitions • The terms defined in this section have the meanings given herein, unless the context in which they are used indicates a different meaning: "Authority" means the Economic Development Authority in and for the City of Brooklyn Center. "City means the City of Brooklyn Center, Minnesota; also referred to as a "Municipality " . "City Council" means the City Council of the City; also referred to as the "Governing Body" "EDA Act" means Minnesota Statutes, Section 469.090 to 469.108, inclusive, as amended. "HRA Act" means Minnesota Statutes, Section 469.001 to 469.047, inclusive, as amended. "Redevelopment Plan" means the Redevelopment Plan for the Redevelopment Project. "Redevelopment Project" means Housing Development and Redevelopment Project No. 1 in the City, which is described in the corresponding Redevelopment Plan. "Project Area" means the geographic area of the Redevelopment Project. "State" means the State of Minnesota. "TIF Act" means Minnesota Statutes, Sections 469.174 through 469.1799, both inclusive. "TIF District" means Tax Increment Financing District No. 2. "TIF Plan Modification" means Modification No. 3 to the tax increment financing plan for the TIF District (this document). • springsted Page 1 Brooklyn Center Economic Development Authority, Minnesota Section II Modification to Redevelopment Plan for Redevelopment Project • The following text represents a Modification to the Redevelopment Plan for Redevelopment Project No. 1: This modification represents a continuation of the goals and objectives set forth in the Redevelopment Plan for Redevelopment Project No. 1. Generally, the substantive changes include the modification of the estimated public costs and estimated revenues sources for the TIF District. The Estimated Public Costs is modified to include those set forth in Section IILB of the TIF Plan Modification and the Estimated Revenue Sources is modified to include those set forth in Section 111. C of the TIF Plan Modification. For further information, a review of the Redevelopment Plan for Redevelopment Project No. 1 is recommended and is available from the City of Brooklyn Center. Other relevant information is contained in the Tax Increment Financing Plan for Tax Increment Financing Districts No. 1, No. 2, No. 3, No. 4, and No. 5 located within Redevelopment Project No. 1. A map of Redevelopment Project No.1 is shown in Exhibit I Section ILA Statement and Finding of Public Purpose On April 25, 1994, the City Council and Authority expanded the geographic boundaries of the Earle Brown Farm Redevelopment Project to include Housing Development Project No. 1 and other properties and provided additional housing powers. The modified redevelopment pr jeCt is renamed Housing Development and Redevelopment Project No. 1. The Authority intends to use the powers allowed under the EDA Act and HRA Act to promote development and • redevelopment through the City and to pool resources in order to reduce financial barriers to providing decent housing and employment opportunities. Section 11.1 Statutory Authorization On August 24, 1987, the City Council authorized the establishment of the Brooklyn Center Economic Development Authority (Authority).' Pursuant to City Council Resolution No. 87 -170, the Authority has and may exercise all of the powers conferred by law up©n Housing and Redevelopment Authority. The Authority has been authorized by the City to carry out all powers of and administer all projects initiated by the Brooklyn ,Center HRA. The Authority established.Housing Development and Redevelopment Project No. 1 pursuant to the EDA Act and the HRA Act. HRA Act authorizes the Authority to exercise all the powers relating to a housing and redevelopment authority granted under Minnesota Statutes, Sections 469.001 to 469.047, or other law. Within the City areas exist where public involvement is necessary to cause redevelopment to occur. The Authority has certain statutory powers pursuant to the TIF Act to assist in financing eligible activities related to these redevelopment needs. Section II.0 Statement of Objectives The sampling of the general goals and objectives of the Redevelopment Plan are listed below: • To provide decent, safe and sanitary housing for persons of low and moderate income. • To provide governmental assistance to eliminate slum and blight. • To provide an ongoing benefit to the residents of the City and those who may frequent the area. • • To enhance the tax base of the City. r% Springsted Page 2 Brooklyn Center Economic Development Authority, Minnesota ■ To provide maximum opportunity, consistent with the needs of the City, for development by private enterprise. ■ To better utilize vacant or undeveloped land. This modification of the estimated public costs for TIF District No. 2 will ensure a continuation of the EDKs goals and objectives of the Project Area that result in increased opportunities for commercial development and will otherwise benefit the health, safety, morals and welfare of the residents of the City. Section III Modification of TIF District No. 2 Section IILA Acquisition Plan The 2 nd modification of Tax Increment Financing District No. 2 expanded the project area by combining the Earle Brown Farm Redevelopment Project and the Housing Development Project No. 1 into the Housing Development and Redevelopment Project No. 1. A copy of the map of the project area is included in Exhibit I and indicates the boundaries of TIF District No. 2. The 2nd modification authorized that the City may acquire any parcel located in Housing Development and Redevelopment Project No. 1. We restate this authorization and include the authorization for the ED it a vicinity A to acquire e an roe and specifically indicate an intention to acquire property located m the c o q YP property p Y q p p Y ty f France Avenue an Highway listed in Section 111.13 d a 100 and necessary right of w in connection with the projects s g y ry g ay co p l below. Section 111.6 Estimated Project Costs The estimated project costs are based solely upon those projects involving expenditures on the part of either the City • or EDA. Table I shown on page's includes the estimated project costs to be paid for or financed with tax increments, as modified. ANTICIPATED DEVELOPMENT EXPECTED TO OCCUR AFTER JUNE, 2011 The estimated project costs detailed in Table I include the following added projects: • EDA land purchase of excess MNDOT right of way at France and Highway 100 • Brooklyn Boulevard Corridor Transportation /Land Planning Study • Humboldt Avenue and Freeway Boulevard Street Lighting and Streetscape improvement project • Public improvements in and around Brooklyn Boulevard Corridor, 57th Avenue Corridor, and Humboldt Avenue Corridor. • Jobs Bill Projects., (amended, originally authorized in April, 2011): • D -Barn pedestrian link project • Shingle Creek Crossing redevelopment project (including assistance to purchase Midas property) • Environmental remediation /redevelopment of Howe Fertilizer Site The Authority reserves the right to administratively adjust the amount of any of the items listed in Table I or to incorporate additional eligible items, so long as the total estimated project costs to be paid for or financed with tax . increments is not increased. app °ingsted Page 3 Brooklyn Center Economic Development Authority, Minnesota Section III.0 Estimated Revenue Sources The primary revenue source for financing the estimated project costs will be tax increment revenue. Also available for the acquisition of the Earle Brown Farm are Community Development Block Grant Funds and land sales. Only expenditures from land sales have been included in the estimated project costs detailed above (the Community Development Block Grant funds have been removed). The original estimated captured value for the district was based on development completed and fully assessed by 1991. In addition to the capture of the increment for new development, it was anticipated that additional increment would be obtained for increased values, both new and existing development, during the life of the district. It was assumed that assessed values would increase at three (3) percent annually. Addendum B -6 in the Original Plan included the revenue expenditures schedule which included the projected tax increment revenue based on the redevelopment assumptions. The total tax increment projected in this addendum is $29,771,527. The City has been reporting a budget of $6,025,848 which was included in the original plan in Addendum B -5 (budget) as an amount of tax increment bond proceeds to finance project costs; however the total increments included in Addendum B -6 is the estimated amount of tax increments that would be collected through the projected term of the district. Table I shown on the following page includes the estimated tax increment revenues, as modified. • • ` pr w- $red Page 4 Brooklyn Center Economic Development Authority, Minnesota Table • Estimated Project Cost and Estimated Tax Increment Revenues (A) (B) (B) City Reported Adjusted Mod Budget Ori Plan '85 Mod Feb'91 Mod Feb'91 Aug, 2011 Change Estimated .Project Costs (1) Land /building acquisition 1,570,000 2,260,000 2,260,000 2,355,000 95,000 Site improvementiprep costs 0 0 0 30,000 30,000 Utilities 0 200,000 200,000 1,077,500 877,500 Other public improvements 3,501,900 12,685,000 12,686,000 17,003,810 4,318,810 Administrative costs 513,248 628,300 628,300 1,299,692 671,392 Transfer Out: Jobs Bill Spending 0 0 0 3,010,000 3,010,000 Total Estimated Project Costs 5,585,148 15,773,300 15,773,300 - 24,776,002 9,002,702 Est. Financing Costs - Interest Exp 5,918,870 13,665,170 13,665,170 9,868,877 (3,796,293) TOTAL SPENDING 11,504,018 29,438,470 29,438,470 34,644,879 5,206,409 (6) Estimated Tax Increment Revenues Tax increment rev dist from, County (2) 29,771,527 6,025,848 29,771,527 24,435,000 (5,336,527) Interest and investment earnings 0 400,000 400,000 2,403,400 2,003,400 Sales /lease proceeds 650,000 650,000 650,000 865,927 215,927 Market value homestead credit 0 0 0 0 0 Transfers In /Other (3) 0, 0 0 3,040,552 3,040,552 Loan /Advance Repayments (4) 0 0 0 3,900,000 3,900,000 Total Est. Tax Increment Revenue 30,421,527 7,075,848 30,821,527 34,644,879 3,823,352 0 1 Revenue Less Expenditures 18,917,509 (22,362,622) 1,383,057 0 (1,383,057) Total Amount of Bonds To Be Issued (5) 6,025,848 16,679,709 16,679,709 16,679,709 0 (1) Estimated Project Costs to be paid for or financed with tax increment (2) Tax Increment total from Addendum B -6, total of 20 years. City finance reports $6,025,848 which is only the increment to pay back principal shown in Addendum B -5 (budget) of the original plan (3) Not on State's new form. Includes transfer in of $3,029,169 and "other" of $11,383 (4) Not on State's new form. Includes loan /advance repayments that are classified as tax increments (5) No change to maximum amount of bonds to be issued. The City issued three series of bonds (Series 1985A- $5,250,000, Series 1991A- $6,050,000, Series 1992A-$4,270,000) and executed an interfund loan ($7,782,743) that they booked as "loan proceeds." The second and third series of bonds were refunding bonds, and should not result in an increase to the amount of bonded indebtedness. The second series (Series 1991A- $6,050,000) repaid a portion of the interfund loan; and the third series (Series 1992A- $4,270,000) refunded the outstanding Series 1985A bonds. (6) Although the budget amendment shows an increase in spending, the overall spending based on the Feb'91 modification is actually reduced when you account for two factors: 1) $3, 0 10, 000 of Jobs Bill spending (does not require plan authorization to spend); and 2) $3,900, 000 of spending of loan repayments. When subtracting the total of these two amounts - $6,091,000, the spending is actually $884,591 less. • Spr'ingsted Page 5 Brooklyn Center Economic Development Authoni y, Minnesota Section IILD Impact on Taxing Jurisdiction • The original plan included two tables with the mill rates and net annual affect upon the various taxing entities, below these tables are updated to include the Pay 2011 tax rates and impacts, which is the final year of the TIF district (25 years after the first year of receipt of increment). Taxing Jurisdiction Tax Rates Captured Tax Increment Pay 1985 Pay 2011 Pay 1985 Pay 2011* City of Brooklyn Center 16.506% 58.558% $140,152 $309,706 Brooklyn Center School Dist #286 49.332% 47.697% $420,088 $252,264 Hennepin County 29.262% 45.840% $249,392 $242,442 Miscellaneous 6.671% 9.740% $57,221 $51,514 Totals 1 101.771% 161.835% $866,853 $855,926 * The estimated tax increment per taxing jurisdiction for Pay 2011 is calculated by multiplying the tax rate by the captured tax capacity of $528,888 (reported by Hennepin County). The fiscal and economic implications of the tax increment financing district, as modified, are shown below. For the estimated amount of tax increments attributable to the school district and county levies, Pay 2011 is all that is included as the final year of the TIF district. (1) the total estimated amount of tax increment that will be generated over the life of the district is $24,435,000; (2) the modifications made herein are not expected to result in significant cost increases for city- provided services • such as police and fire protection, or public infrastructure, and would not impact the City's ability to issue debt for general fund purposes; (3) the estimated amount of tax increments for Pay 2011 that would be attributable to the school district levy is $252,264 as shown in the table above; and (4) the estimated amount of tax increments for Pay 2011 that would be attributable to the county levy is $242,442 as shown in the table above; • Sprinqsted Page 6 Brooklyn Center Economic Development Authority, Minnesota • Exhibit I Map of Housing Development and Redevelopment Project No.1 and Tax Increment Financing District No. 2 • Page 7 X 1-1- � niul �npp= °•f : - - 1111111 ■� ='?::_ =�� ♦♦ ♦ p• � �� : viii ►q �:;� - _ � _ : _ . 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Housing Development and Redevelopment Project No. 01 and • Tax Increment Financing District No. 2 D 2 D q U C) p ND � JAMES IR. N• z 6 Community Center TE N IAL PAR Ha DR. r_ HENNEPIN CO. LIBRARY & / GOVT. SERVICE CENTER ui F— GRANDVIE EARLE PARK C/) BROWN �lV SCHOOL V w Z Q H > C) W J m Z Z > Li 58T N. — q L Q D Q z • Brooklyn Center GIS 0 500 1,000 2,000 Feet Legend TIF -2 Parcels W E Central Commerce District I T 1, a.e out of m ouza olaao C�rysNnot ee�aNe�a any aaaapaz ane e�p e�aynwnee aee.'3�uba ]t e0 ml, ser .aam y Cry hp �.y ana ail aaim brougm by ther. ez emp y a aaen¢ oeN bvarees+nicn City Council Agenda Item No. 10c COUNCIL ITEM MEMORANDUM • DATE: June 20, 2011 TO: Curt Boganey, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: Parks and Recreation Commission Recommendation- Tobacco -Free Par OPolicy Recommendation: It is recommended that the City Council consider approval /adoption of the recommended tobacco -free parks policy Background: In September of last year, I received a request from the Tobacco -Free Youth Recreation Program regarding their efforts to have communities adopt tobacco free policies for their parks. While the Park and Recreation Commission and City Council addressed this issue in 2004, (a copy of the City Council Resolution is attached) a formal policy was never developed. Subsequently, the Tobacco -Free Youth Recreation Program requested time before the Commission to ask that consideration be given to strengthening the City's position on this issue. The TFYR materials support their belief that the most important aspect of a recreation -based tobacco prevention strategy is the adoption of a tobacco -free policy. The materials also contain rationale for enacting a tobacco free policy, supporting data, model policies, suggested implementation plans and a summary of communities that have enacted tobacco free ordinances and/or policies. To date, 137 policies have been enacted in the state. Some have completely banned tobacco use in parks by ordinance, while others have simply posted tobacco free zones during youth activities. In the communities that have adopted policies, the primary enforcement tool has been signage. The Tobacco Free Youth Recreation Program provides free signs for all facilities covered under the policy. Representatives from TFYR and I presented this information to the Park and Recreation Commission at their October meeting and subsequently solicited additional information at their request. Over the course of the next three meetings, the Commission heard from area residents and students, including many letters of supporting the no smoking policy. In addition, they studied policies of other communities and discussed various "levels" of policy support. In discussing the issue, the Commission was (as it was in 2004) not comfortable in tying a total "no smoking in the parks" ban to the current City Ordinance. By not tying it to an Ordinance, it significantly limits the enforcement of the policy, as violation of any Ordinance carries possible civil and monetary penalties. It is worth noting, there was considerable discussion by the Commission on this exact point. • Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Ultimately, the Commission did determine that they were supportive of a policy that prohibits • tobacco use in youth activity areas. At their April 2011 meeting, the Park and Recreation Commission unanimously passed a resolution recommending the attached policy to the City Council. As you will note, it only limits tobacco use in Youth Activity Areas, as defined in the policy. Park & Recreation Commission Chair Arvid Sorenson, representatives from the Tobacco Free Youth Recreation Program and I will plan to be in attendance, so that we can provide you with background information regarding the Commission discussions, final recommendation and answer any questions you might have. Budget Issues: If enacted, the Tobacco free Youth Recreation Program will provide free signs to support the policy. The policy would be communicated via various means, including the City Watch brochure, the City Website and through other correspondence with citizens. The budget impact should be negligible. Council Goals: Ongoing: 5. We will improve the image of the City with citizens and those outside of the City's borders • Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust cit of Q BR0; CWNTER City of Brooklyn Center Community Activities, Recreation and Services SUBJECT City of Brooklyn Center, Parks and Open Spaces Tobacco -Free Policy: In order to protect the health and welfare of our children, the City of Brooklyn Center prohibits the use of all tobacco products in youth activity areas. POLICY STATEMENT The City of Brooklyn Center is committed to the quality of life for all residents, therefore, we believe that: 1. Tobacco product use in the proximity of children and youth engaging in recreational activities is unhealthy and detrimental to the health of others. • 2. Tobacco products once consumed in public spaces are often discarded on the ground, thus posing a risk of ingestion to toddlers and causing a litter problem. 3. As parents, leaders, coaches, and officials we are thought of as role models, and the use of tobacco products around youth has a negative effect on their lifestyle choices. TOBACCO —FREE FACILITIES The City of Brooklyn Center does not allow the use of tobacco products on city -owned property predominantly used by minors, such as parkland, park facilities, open space or joint city /school district properties. These areas include: • Park Playground Areas • Youth Ball Fields • Skating Rinks • Basketball Courts COMPLIANCE PROCEDURES The emphasis on enforcing the Tobacco -Free park policy is through voluntary compliance: 1. Appropriate City -owned parkland, park facilities, open space or joint City /school district properties will be appropriately signed. 2. City of Brooklyn Center staff will meet with activity organizations and/or leaders or coaches to discuss the policy and to distribute flyers with the "Tobacco Free" policy. 3. City of Brooklyn Center staff will make periodic observations of activity sites to monitor compliance. • Policy Adoption Date: adoption: Member introduced the following resolution and moved its • RESOLUTION NO. RESOLUTION AUTHORIZING PARTICIPATION IN TOBACCO -FREE YOUTH RECREATION PROGRAM INITIATIVE WHEREAS, the Tobacco -Free Youth Recreation Program initiative has offered to provide signs for use in City parks to post areas as "no smoking" during organized youth activities; and WHEREAS, encouraging tobacco -free areas around organized youth activities would promote better and healthier environments for youth in City parks; and WHEREAS, it is proposed that the City place donated tobacco -free zone signs that would encourage tobacco -free areas around organized youth activities in Brooklyn Center parks. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the acce of tobacco- free - area. signs from the Tobacco -Free Youth Recreation Program fiiitiativey be and hereby is au *ed -and be it further authorized that the placement o eb signsain City- parksbe- mdurtaken m an effort to encourage smoke -free areas in the vicinity of organized youth activities in City parks. • June 28 2004 Date Mayor ATTEST: City 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 dulypassed and adopted. • -°� F2 z 3R AVE � o ui oa � 31 Z f0 1 (`� �00 ��� 13 • o OC ° D DO ° F Y BL 4 17 m� a000a° a� o � OQ Z o a UL Off Z D HUM '� 0 000 W z a a Ca W ¢ UL 000 Z o 000 � M =Trails = Q 25 M = Sidewalks a� CITY OF BROOKLYN CENTER PARKS AND SCHOOLS Updated 07 -30 -10 Community Center 763 -569 -3400 1 Arboretum 13 Evergreen Elementary School 25 Northport Elementary School 61 & Major Avenue 7020 Dupont Avenue 5421 Brooklyn Boulevard 2 Bellvue Park 14 Firehouse Park 26 Odyssey Academy 55` & Aldrich Avenue 65` & Bryant Avenue 6201 Noble Avenue 3 Bob Cahlander Park 15 Freeway Park 27 Orchard Lane Park 65` & Brooklyn Boulevard 67` & Beard Avenue 65` & Orchard Lane 4 Brooklyn Center High School 16 Garden City Park 28 Palmer Lake Nature Area 6500 Humboldt Avenue 65 & Brooklyn Boulevard 69` Avenue between 5 Centerbrook Golf Course 17 Garden City Elementary School East & West Palmer Parks 5500 N Lilac Drive 3501 65` Avenue 29 Palmer Lake Elementary School 6 Central Park 18 Grandview Park 7300 W Palmer Lake Drive 6301 Shingle Creek Parkway 60 & Humboldt Avenue 30 Riverdale Park 7 Central Park West 19 Happy Hollow Park Dallas & Riverdale Road 63` & Brooklyn Drive 50` & Abbott Avenue 31 St. Alphonsus School 8 City Hall 20 Kylawn Park 71"& Halifax Avenue 6301 Shingle Creek Parkway 61 & Kyle Avenue 32 Twin Lake Park 9 Community Center 21 Lions Park 47` & Twin Lake Avenue 6301 Shingle Creek Parkway 55 & Russell Avenue 33 Wangstad Park • Earle Brown Elementary School 22 Marlin Park 61 France Avenue 15005 91h Avenue Marlin Drive & Indiana Avenue 34 West Palmer Park 11 East Palmer Park 23 N Mississippi Regional Park 72 " & W Palmer Lake Drive 71 Oliver Avenue 57th & Lyndale (entrance) 35 Willow Lane Early Childhood 12 Evergreen Park 24 Northport Park 7020 Perry Avenue 72 " & Bryant Avenue 55 & Sailor Lane 36 Willow Lane Park 69 & Orchard Avenue Brooklyn Center is home to seven public elementary and secondary schools that are adjacent to city - owned parks. These schools and schools grounds, served by four different districts, are all covered by comprehensive tobacco -free policies that prohibit the use of all tobacco products at all times. Though frequented by students, these parks are currently NOT covered by a comprehensive city tobacco -free policy. Anoka - Hennepin School District 1. Evergreen Elementary adjacent to Evergreen Park (numbers 12 and 13 on map) Policy summary All facilities, grounds and vehicles are tobacco free and no person shall use any tobacco product on property leased, contracted for or owned by the district. (revised 2006) Brooklyn Center Schools 2. Brooklyn Center High School adjacent to Firehouse Park (numbers 4 and 14 on map) 3. Earle Brown Elementary adjacent to Grandview Park (numbers 10 and 18 on map) Policy summary No person (visitor, staff or student) may use any tobacco products, tobacco related devices or electronic cigarettes in school buildings, school vehicles, on school property or at off- campus school- sponsored events. No student may possess any tobacco products, tobacco related devices or electronic cigarettes in school buildings, school vehicles, on school property or at off- campus school - sponsored events. (adopted 2010) Osseo Area Schools 4. Garden City Elementary adjacent to Garden City Park (numbers 16 and 17 on map) 5. Palmer Lake Elementary adjacent to West Palmer Park (numbers 29 and 34 on map) 6. Willow Lane Early Childhood Center adjacent to Willow Lane Park (numbers 35 and 36 on map) Policy summary Tobacco is prohibited in all school buildings and vehicles and on all school grounds all hours of the day, 365 days a year. All individuals share the responsibility of enforcement. (adopted 1999) Robbinsdale School District 7. Northport Elementary adjacent to Northport Park (numbers 24 and 25 on map) Policy summary No person (visitor, staff or student) may use any tobacco products, tobacco related devices or electronic cigarettes in school buildings, school vehicles, on school property or at off- campus school- sponsored events. No student may possess any tobacco products, tobacco related devices or electronic cigarettes in school buildings, school vehicles, on school property or at off- campus school - sponsored events. (adopted 2010) x,1 1 N N Ii3CYI'A'S • I S I ®VN SHtP ry'00 11 0 1 r t o Statewuk / -halth /n/prruwmenl Pmgnnn lm U!(N[MON n y� s A Policy Maker's Guide to Tobacco-Free Policies for Community Park Systems E ' TOBACCO YOUTH RECREATION ...,,;. tobaccotreeDarks. em V . el In this guide, you will find: • Model Tobacco -Free Policy • Sample policies from Minnesota cities with tobacco -free park policies • Map of Minnesota cities and counties with tobacco -free parks • Policy enforcement and publicity information • Ordering information for free tobacco -free metal signs • Frequently Asked Questions • References from communities with existing tobacco -free park policies T o b acco - F ree F or C Playing Tobacco Free: Tobacco -Free Policies For Park & Recreation Areas Tobacco -Free Park and Recreation Tobacco -Free Park and Recreation Areas Promote Health Policies Work • Parks are established to promote healthy Over 100 Minnesota communities have adopted tobacco -free activities. The purpose of park areas is to promote policies for their park and recreation areas. In 2004, the community wellness, and tobacco -free policies fit with this University of Minnesota surveyed Minnesota residents to idea. learn about the level of support for tobacco -free park and recreation policies. Minnesota park directors were also • Cigarette litter is dangerous. Discarded cigarettes interviewed to ask how they felt about tobacco -free policies. pollute the land and water and may be ingested by toddlers, Here are the study's key findings: pets, birds, or fish. • Tobacco -free policies help change community What Minnesota residents say: norms. Tobacco -free policies establish the community norm that tobacco use is not an acceptable behavior for • Most Minnesotans support tobacco -free park and young people or adults within the entire community. recreation policies. 70% of Minnesota residents • Tobacco -free environments promote positive support tobacco -free park and recreation areas. In community role modeling and protect the health, addition, 66% of golfers and 73% of families with children safety, and welfare of community members. support these policies. • Secondhand smoke harms everyone. Secondhand ' Policies should prohibit all forms of tobacco. 79% smoke exposure causes disease and premature death in of residents supported tobacco -free policies that prohibit children and adults who do not smoke. all forms of tobacco use, including spit tobacco. • Secondhand smoke is harmful in outdoor settings. • Parks should be tobacco free at all times. Just Several studies have found that secondhand smoke levels in over half (53%) of respondents supported the prohibition of tobacco use in parks at all times. • outdoor public places can reach levels as high as those found in indoor facilities where smoking is permitted .1,2 • Community members support policy • Policies provide consistency among community enforcement. 79% of Minnesotans felt that policies athletic facilities and groups. The majority of should b° felt that violators should be fined. e enforced by asking violators to leave park community sporting events are held at either city or school areas. 64 /o athletic facilities, and nearly all school districts prohibit tobacco use on their entire grounds. Also, many local What Minnesota park directors say: athletic associations have tobacco -free policies but use city • park directors overwhelmingly recommend facilities and would benefit from a city-wide policy. adopting tobacco -free policies. 90% of park directors in cities with policies reported that they would recommend tobacco -free policies to other communities. • Nearly all park directors personally supported The Tobacco -Free Youth Recreation Initiative tobacco -free policies. Out of 257 park directors, Tobacco -Free Youth Recreation (TFYR) is a • 96% wanted to provide positive role models for youth. recreation -based tobacco prevention program that • 92% wanted to reduce youth opportunity to smoke. assists recreational groups in promoting healthy • 92% wanted to avoid litter from cigarette butts. tobacco -free lifestyles. TFYR offers free assistance in 89% wanted to promote community well- being. tobacco -free policy development and implementation. • Policies reduce litter and maintenance costs. 58% Contact TFYR for policy assistance or more of Minnesota park directors in cities with policies reported information! cleaner park areas. • Policy enforcement and violations are not issues. In Minnesota communities with a policy, few park Association for Nonsmokers — Minnesota directors (26 %) reported compliance issues and 74% 2395 University Ave. West, #310 reported no problems with park users violating the policy. • St. Paul, MN 55114 -1512 (651) 646 -3005 ' Klepels NE, Ott WR, Switzer P. (May 2007). "Real -Time Measurements of Outdoor Tobacco Smoke Particles." Journal of Air & Waste Management Association 57. uFr www.tobaccofreeparks.org 7! T T I n' 'California Environmental Protection Agency, California Air Resources Board. (2003). "Technical Support Document for the Proposed tfyr @ansrmn.org Identification of Environmental Tobacco Smoke as a Toxic Air Contaminant: Part A," Technical Report. Chapter 5, pp. V6 -V39. I Klein EG, Forster IL, Outley, CW, McFadden, B. (2007). "Minnesota Tobacco-Free Park Policies: Attitudes of the General Public and Park Officials" Nicotine & Tobacco Research 9, Sl, pp. 2 Tobacco-Free Park & Recreational Facilities in Minnesota (136 Park Policies • Ordinances) 79 80 48 120 34 26 22 19 98 7 18 10 21 32 27 65 23 63 14 • 72 54 58 52 69 25 Policy Key 39 55 66 8 62 11 ## = City -owned parks with a tobacco- - 28 68 free policy (126 policies) 91 8 110 = County -owned parks with a 78 118 tobacco -free policy (7 policies) 88 82 64 11 71 s =All city -owned and county -owned 77 €:. 13 arks have atobacco -free policy p P a2 9 83 16 (1 policy) 59 51 = Three Rivers Park District 20 29 95 D = Native American Reservations 35 76 B (H (1 policy) 116 10 = See Metro Map for policies in 88 117 P Anoka, Carver, Dakota, Hennepin, 113 Ramsey, Scott, and Washington 105 Counties (45 policies) 47 41 43 123 6 L 121 125 2 10 94 - 73 90 • 44 31 75 97 May 2011 • Metro Communities el with TobaccF East ree Oak Bethel Grove Pmts Polici iK A amsey Andover Forest La Lake Anoka i n coo ger ay ton Coon Lino Lakes St Ix r_ o Ch am lin Rapids g FREE P Spring I j rr le C eWA v ��R� Maple Brooklyn L ke.,� Corcoran Grove ar rk Ma orth reenfiel l View 7► / ookly IeyNew rtShoreYieks Grant �.,. A Great Plate t P nter �Fii a grden Vadn M�thtomedi U Water H E hl PIN c Heights Hills 14001t North depende c Medina ale Roseville st. Paul Lake d i Nlaplewood Elmo '1a z Oakd le Oro . Minneirista L Lou St. Paul Spri ark inneapolis tin Hop St.B acius innetonka West Woodbury Afton Ed n'a Mendo hanhassen Eden Richfield Height' a Prairie Chask Bloomington Inver Cottage • CA Eagan Grove g I Heights Grove N d C ne Shakopee Burnsville' Younm ica ge Apple R► Priori. Valley Lake a Tobacco -Free i Lakeville Ver�]Ilio Park Communities T7' F nning n DAK0T El County -owned parks II - e an tan Q City -owned parks Mr� New Mark Three Rivers Park ` EI o District parks N e R No field May 2011 • Minnesota Communities with Tobacco -Free Parks, sorted alphabetically communTy County Adoption Date Map # Community County Adoption Date 73 Adrian Nobles 2 -27 -06 77 Donnelly Stevens 4 -3 -06 25 Aitkin Aitkin 6 -2 -03 14 Duluth St. Louis 2 -12 -03 90 Albert Lea Freeborn 11 -13 -06 17 Eagan Dakota 3 -25 -03 64 Alexandria Douglas 5 -23 -05 43 Eagle Lake Blue Earth 4 -5 -04 57 Andover Anoka 9 -21 -04 12 Eden Prairie Hennepin 9 -17 -02 53 Anoka Anoka 7 -6 -04 56 Edina Hennepin 8 -17 -04 70 Arden Hills Ramsey 9 -12 -05 78 Elbow Lake Grant 4 -3 -06 113 Arlington Sibley 10 -18 -10 59 Elk River Sherburne 10 -18 -04 85 Ashby Grant 7 -5 -06 75 Ellsworth Nobles 3 -13 -06 19 Aurora St. Louis 4 -1 -03 27 Eveleth St. Louis 6 -3 -03 31 Austin Mower 7 -2 -03 41 Faribault Rice 2 -25 -04 66 Battle Lake Otter Tail 6 -14 -05 23 Fayal Township St. Louis 5 -20 -03 80 Baudette Lake of the Woods 5 -8 -06 55 Fergus Falls Otter Tail 8 -9 -04 8 Baxter Crow Wing 3 -1 -02 102 Gaylord Sibley 5 -29 -08 120 Bemidji Beltrami 12 -14 -10 117 Glencoe McLeod 11 -15 -10 22 Biwabik St. Louis 5 -12 -03 15 Golden Valley Hennepin 3 -4 -03 115 Blaine Anoka 11 -4 -10 32 Grand Rapids Itasca 7 -14 -03 3 Bloomington Hennepin 6 -18 -01 93 Ham Lake Anoka 1 -2 -07 11 Brainerd Crow Wing 6 -6 -02 83 Hancock Stevens 6 -12 -06 28 Breckenridge Wilkin 6 -16 -03 94 Hardwick Rock 2 -13 -07 126 Brooklyn Park Hennepin 5 -16 -11 96 Hastings Dakota 5 -7 -07 95 Buffalo Wright 4 -16 -07 62 Henning Otter Tail 5 -3 -05 26 Buhl St. Louis 6 -3 -03 88 Herman Grant 10 -16 -06 63 Callaway Becker 5 -10 -05 72 Hermantown St. Louis 2 -10 -06 89 Canby Yellow Medicine 11 -8 -06 18 Hibbing St. Louis 3 -31 -03 46 Champlin Hennepin 5 -10 -04 110 Hinckley Pine 8 -3 -10 108 Chatfield Fillmore 7 -12 -10 82 Hoffman Grant 6 -5 -06 54 Cloquet Carlton 7 -20 -04 114 Hopkins Hennepin 10 -19 -10 7 Cohasset Itasca 1 -22 -02 21 Hoyt Lakes St. Louis 4 -8 -03 119 Columbia Heights Anoka 11 -17 -10 50 International Falls Koochiching 5 -28 -04 40 Coon Rapids Anoka 2 -17 -04 39 Kent Wilkin 1 -1 -04 48 Crookston Polk 5 -25 -04 65 La Prairie Itasca 6 -6 -05 87 Crystal Hennepin 9 -19 -06 106 Lester Prairie McLeod 10 -13 -09 76 Dassel Meeker 4 -3 -06 44 Luverne Rock 4 -13 -04 67 Dayton Hennepin 6 -14 -05 38 Mahtomedi Washington 12 -3 -03 Minnesota Communities with Tobacco -Free Parks, sorted alphabetically Community County Date • 1 Maple Grove Hennepin Adoption 11 Adoption 93 45 Shoreview Ramsey 5 -3 -04 61 Maplewood Ramsey 1 -24 -05 98 Silver Bay Lake 5 -9 -07 47 Marshall Lyon 5 -17 -04 116 Silver Lake McLeod 11 -15 -10 74 Mendota Heights Dakota 3 -6 -06 20 Spicer Kandiyohi 4 -2 -03 107 Minneapolis Hennepin 5 -5 -10 86 Spring Lake Park Anoka 7 -17 -06 122 Minnetonka Hennepin 2 -14 -11 124 Spring Park Hennepin 5 -2 -11 51 Monticello Wright 6 -14 -04 9 St. Cloud Stearns 5 -13 -02 118 Mora Kanabec 11 -16 -10 92 St. Francis Anoka 1 -2 -07 42 Morris Stevens 3 -9 -04 30 St. Paul Ramsey 7 -1 -03 84 Mounds View Ramsey 6 -27 -06 10 Virginia St. Louis 5 -31 -02 34 Mountain Iron St. Louis 8 -18 -03 125 Waseca Waseca 5 -3 -11 24 New Brighton Ramsey 5 -27 -03 91 Wendell Grant 12 -4 -06 123 New Richland Waseca 4 -11 -11 101 West St. Paul Dakota 4 -14 -08 69 New York Mills Otter Tail 8 -8 -05 71 Wheaton Traverse 1 -26 -06 81 North St. Paul Ramsey 5 -16 -06 100 White Earth Becker 8 -16 -07 36 Nwd Young America Carver 9 -22 -03 79 Williams Lake of the Woods 4 -10 -06 • 109 Orono Hennepin 8 -24 -10 29 Willmar Kandiyohi 6 -16 -03 6 Owatonna Steele 12 -11 -01 99 Windom Cottonwood 7 -17 -07 68 Parkers Prairie Otter Tail 7 -18 -05 105 Winthrop Sibley 10 -5 -09 52 Pelican Rapids Otter Tail 6 -29 -04 58 Wolverton Wilkin 10 -12 -04 111 Pine City Pine 9 -2 -10 104 Woodbury Washington 3 -25 -09 121 Pipestone Pipestone 2 -7 -11 16 Zimmerman Sherburne 3 -17 -03 112 Plato McLeod 10 -12 -10 Counties/Districts 37 Plymouth Hennepin 10 -28 -03 A Rock County Rock 5 -18 -04 35 Prinsburg Kandiyohi 9 -9 -03 B Three Rivers Park Dist. Hennepin 1 -6 -05 49 Ramsey Anoka 5 -25 -04 C Anoka County Anoka 7 -12 -05 4 Richfield Hennepin 9 -1 -01 D Washington County Washington 5 -23 -06 60 Robbinsdale Hennepin 12 -7 -04 E Olmsted County Olmsted 1 -23 -07 2 Rochester Olmsted 11 -1 -00 F Dakota County Dakota 5 -22 -07 103 Rosemount Dakota 12 -16 -08 G Lower Sioux Redwood 5 Roseville Ramsey 12 -1 -01 H Ramsey County Ramsey 05 -13 -08 97 Round Lake Nobles 5 -8 -07 1 Scott County Scott 05 -26 -09 • 13 Sartell Stearns 10 -28 -02 J Lac qui Parle County Lac qui Parle 03 -01 -11 33 Savage Scott 7 -15 -03 ` Frequently Asked Questions about Tobacco -Free Policies for Park Areas in Minnesota What is current Minnesota state law on In addition to signs, communities notify their residents in• smoking Outdoors? a variety of ways: local media, newsletters, policy There is currently no state law that regulates tobacco reminder cards, recreation brochures, policy statements use in outdoor areas. sent to sports associations, and coaches' trainings. Are local governments able to enact Are existing policies working? policies restricting tobacco use? Yes! According to a 2004 University of Minnesota survey Neither federal nor state law prohibits local governments of Minnesota park directors in cities with such policies, from regulating tobacco use outdoors.' 88% of park directors reported no change in park usage (no loss of park users), 71% reported less smoking in What is the difference between a park parks, and 58% reported cleaner park areas. policy and an ordinance? What effect do tobacco -free park policies In general, park policies are rules regarding city or have On youth? county -owned park property that are established by Research has not been completed on this particular local park boards and are often approved by city councils or county boards. Generally, those who ignore topic, but in general, tobacco -free policies help prevent Youth tobacco use, particularly by establishing tobacco - park policies do not receive a fine, but are asked to free community norms and by providing adults the refrain from using tobacco or leave the premises. opportunity to be tobacco -free role models throughout Ordinances are local government enactments that the community.' regulate people or property and carry a penalty such as What other benefits result from tobacco - a fine for violations. Ordinances often originate from a recommendation passed by the park board. free policies? Cigarette filters are not biodegradable, so they do not For both park policies and ordinances, tobacco use is decay and cannot be absorbed by the environment. prohibited on park property. policy reduces park and beach litter and protects toddlers from ingesting filters that are discarded. In Should a policy cover all property and Minnesota, smoking - related debris account for 62% of activities or just youth events? total debris during a 2005 coastal cleanup. In Minnesota, both types of policies exist, but the recent trend is toward "all property" policies because they may Will Policies keep some people from using be simpler for citizens to understand, rather than to public park and recreation areas? determine which activities qualify as "youth events." Tobacco -free policies for park areas ensure that all citizens have a healthy recreational environment. How do other Minnesota communities People go to parks to exercise or relax, not to use enforce their policies? tobacco. Smokers work, eat, shop, travel, and reside in Minnesota communities with tobacco -free park policies smoke -free environments every day. No court has post signs in their park areas that announce the policy. determined that smoking is a constitutionally protected These signs provide communities with the ability to rely right.5 on community and self- enforcement. Many tobacco users look for "no tobacco" signs. These signs empower Aren't tobacco -free policies for parks a everyone using the parks to provide friendly reminders needless regulation? about the policy to violators. Signs also help to eliminate These policies are similar to those prohibiting alcohol the need for any law enforcement presence. The and litter or requiring that pets be leashed. It is the majority of Minnesota communities with policies have duty of policy makers to enact policies that protect the utilized Tobacco -Free Youth Recreation's free signs. health of their citizens. 3 Perry, C. (1999). Creating Health Behavior Change: How to Develop Conmrunity- • Wide Programs for Youth. Thousand Oaks, CA: Sage Publications. Minnesota Attorney General Mike Hatch. (5/4/00). Legal opinion letter to Peter 4 The Ocean Conservancy. (2006). International Coastal Cleanup 2005 Minnesota Vogel. Summary Report. [Online]. Available: http: / /www.coastalcleanup.org. 2 League of Minnesota Cities. (2003). Handbook for Minnesota Cities. [Online]. 5 Tobacco Control Legal Consortium. (2004). "Legal Authority to Regulate Smoking Available: http:// www. imnc .org /handbook/cbapterO7.pdf. and Common Legal Threats and Challenges." May 2007 6 UNIVERSITY OF MINNESOTA SCHOOL OF PUBLIC HEALTH SCHOOL OF KINESIOLOGY Division of Epidemiology & Community Health Division of Recreation & Sport Studies 1300 S. Second Street #300 1900 University Avenue SE Minneapolis, MN 55454 Minneapolis, MN 55455 TOBACCO -FREE PARKS AND RECREATION STUDY Summary of Findings Park areas in Minnesota are used regularly by state residents. Tobacco use restrictions in outdoor environments such as parks and recreation areas are being established in Minnesota and other states across the U.S. The purpose of this study is to describe the support for tobacco -free park policies in Minnesota. To learn more about the public's perceptions of these policies, we conducted a survey of Minnesota residents. We also interviewed park and recreation professionals to ask specific questions about tobacco -free policies in Minnesota. Is secondhand smoke a problem? Yes. Secondhand smoke is a recognized cause of acute and chronic diseases in nonsmokers, and is a major source of indoor air pollution. Secondhand smoke is also responsible for an estimated 3,000 lung cancer deaths and 38,000 heart disease deaths in nonsmoking individuals each year in the United States. The most effective approach to reducing secondhand smoke exposure is to establish smoke -free environments. Research has suggested that the adoption of smoke -free policies creates a change in social norms around smoking, helps smokers reduce consumption or quit, and helps keep youth from starting. Public support for tobacco -free parks A survey was sent to Minnesota residents by mail in summer 2004. Of the 1,500 respondents, 75% had used any park area in the past month. Overall, 70% of those surveyed supported tobacco -free policies for outdoor park and recreation areas. The attitude of Twin Cities metro area residents was not different from residents living in other parts of the state. Respondents expressed support for tobacco -free policies to: • Reduce litter in park grounds. • Avoid the health effects of secondhand smoke. • Discourage youth smoking. Preferences for tobacco -free park • Establish positive role models for youth. policies among Minnesota residents, 2004 • Promote community well- being. Prohibit all forms of tobacco 9% Policy components Prohibit tobacco in all We also asked residents about the outdoor areas 53% components of tobacco -free park policies Prohibit tobacco during ° (shown, right). Most people supported strong youth oriented events $ � /0 policies that prohibit tobacco use in youth Prohibit tobacco in outdoor areas, and asking policy violators to leave areas used by youth 8 % park areas. Just over half (53 %) of Enforce policy by asking 9% respondents supported the prohibition of violators to leave tobacco use I t all parks at all tim Sm okers Enforce policy by giving o were the only group generally less supportive violators a fine of these policies. o% for 20% 30% 40% 50% so% 70% Eo% so% Golfers Thirty -five percent of our sample were golfers. Most golfers (81%) were non - smokers, and 74% of non- smoking golfers supported tobacco -free park policies. We found that being a golfer did not make a difference in support for tobacco -free policies, but being a smoker did. How do park staff in communities with an existing park policy feel about the policy? In the summer of 2004, we interviewed 257 park directors from cities and counties in Minnesota's 200 largest cities. Overall, 70 communities reported a tobacco -free policy, which represents 36 of • communities surveyed. Park directors with policies had positive experiences, as most reported that park policies were "not difficult" to pass, and 90% would recommend such a policy to other communities. Changes after implementation When park directors were asked about changes after tobacco -free policy adoptions: • 58% reported less litter in park areas. • 74% reported no problems with policy violators. • 88% reported no changes in park usage. • For those reporting a change in park use following the policy, 71% reported an increase in usage. Difficulty in passing a tobacco -free • Publicity about the policy was reported to be adequate (86 %), park policy, Minnesota 2004 and few (7 %) reported any negative publicity. Not at all Enforcement difficult - 51% Not very Enforcement was an area of worry for nearly all park directors without a difficult -37% policy. However, in communities with a policy, few park directors (26 %) reported compliance problems. Staffing was an issue, as 74% reported too few staff to enforce the policy and /or monitor all park areas. Park director support Out of the 257 park directors interviewed, nearly all personally Somewhat difficult - 9% supported tobacco -free policies. Reasons for their support included: • 96% wanted to establish positive role models for youth. very difficult - 3% • 89% wanted to promote community well- being. • • 92% wanted to reduce youth opportunity to smoke. • 92% wanted to avoid litter from cigarette butts. Major Conclusions: • The majority of Minnesotans support tobacco -free park and recreation policies. • Park staff have experienced few problems and many benefits with the policies, and overwhelmingly recommend tobacco -free policies to other communities. This study was conducted by the University of Minnesota, Schools of Public Health and Kinesiology, in partnership with Tobacco -Free Youth Recreation and the Minnesota Recreation and Park Association, and supported by the Minnesota Partnership for Action Against Tobacco. For more information, contact study coordinator Liz Klein at klein LC@epi.umn.edu or call (612) 626 -1799. P�v `�,RK ASSOC, �r -. i7 - T09A000 - FRIt YOUTH RICQEATIOM www.a y December 2005 • I / : IRWO•FREE nrr n<. 7,nw City -Owned Outdoor Recreational Facilities Model Tobacco -Free Policy Section 1: Rationale WHEREAS, the City believes that tobacco use in the proximity of children and adults engaging in or watching outdoor recreational activities at City -owned or operated facilities is detrimental to their health and can be offensive to those using such facilities; and WHEREAS, the City has a unique opportunity to create and sustain an environment that supports a non - tobacco norm through a tobacco -free policy, rule enforcement, and adult -peer role modeling on City -owned outdoor recreational facilities; and WHEREAS, the City believes parents, leaders, and officials involved in recreation are role models for youth and can have a positive effect on the lifestyle choices they make; and WHEREAS, the tobacco industry advertises at and sponsors recreational events to foster a connection between tobacco use and recreation; and WHEREAS, cigarettes, once consumed in public spaces, are often discarded on the ground requiring additional maintenance expenses, diminish the beauty of the City's recreational facilities, and pose a risk to toddlers due to ingestion; and • WHEREAS, the City Park & Recreation Board determines that the prohibition of tobacco use at the City's recreational facilities serves to protect the health, safety and welfare of the citizens of our City. THEREFORE, be it resolved that tobacco use is prohibited in outdoor recreational facilities. No person shall use any form of tobacco at or on any City -owned or operated outdoor recreational facilities, including the restrooms, spectator and concession areas. These facilities include [insert specific facilities here, e.g. playgrounds, athletic fields, beaches, aquatic areas, parks, and walking /hiking trails]. Section 2: Enforcement 1. Appropriate signs shall be posted in the above specified areas. 2. The community, especially facility users and staff, will be notified about this policy. 3. Staff will make periodic observations of recreational facilities to monitor for compliance. 4. Any person found violating this policy may be subject to immediate ejection from the recreation facility for the remainder of the event. Section 3: Effective Date This policy statement is effective immediately upon the date of adoption, which is , 20_ • Appropriate City Official Date 7 PLYMOUTH, MN PARKS AND RECREATION SUBJECT Plymouths Parks and Recreation Tobacco -Free Policy POLICY STATEMENT The City of Plymouth Parks and Recreation Department is committed to the quality of life for all residents, therefore, we believe that: 1. Tobacco product use in the proximity of children, youth and adults engaging in or watching recreational activities is unhealthy and detrimental to the health of others. • 2. Tobacco products once consumed in public spaces are often discarded on the ground, thus posing a risk of ingestion to toddlers and causing a litter problem. 3. As parents, leaders, coaches, and officials we are thought of as role models, and the use of tobacco products around youth has a negative effect on their lifestyle choices. TOBACCO —FREE FACILITIES No person shall use tobacco products on city-owned parkland, park facilities, open space or joint city/school district properties, except within the confines of a vehicle in a designated parking area. COMPLIANCE PROCEDURES The emphasis on enforcing the Tobacco -Free park policy is through voluntary compliance: 1. Appropriate city-owned parkland, park facilities, open space or joint city/school district properties will be signed. 2. Plymouth Park and Recreation staff will meet with activity organizations and /or leaders or coaches to discuss the policy and to distribute flyers with the "Tobacco Free" regulations. 3. Plymouth Park and Recreation staff will make periodic observations of activity sites to monitor compliance. 4. Plymouth Park and Recreation will take an active role to encourage the surrounding communities to adopt the "Tobacco Free" policy, so that we may act as a united front to ensure the health and wellbeing of our community. • Date of Adoption: 10/28/03 Maple Grove Parks and Recreation Board Maple Grove, MN Policy for Usage of Public Parks, Recreation Facilities and Equipment General Regulations Maple Grove Parks and Recreation Board is committed to providing quality leisure opportunities that meet the interest and needs of all City residents. This section of the policy governs general regulations so as to ensure the proper use of all parks and recreation facilities and so that all residents may equally enjoy their visit. 1. All activities and events held at a park or recreation facility must comply with all City Codes and regulations that apply. 2. All activities must be for wholesome leisure time activities. 3. Tobacco use is rohibited at all public buildings, ark roe and ISD #279 property p p g �p property rty p p operated by the Board through a joint powers agreement. 4. Alcoholic beverages are prohibited except upon Board approval. The Board will consider requests for alcoholic beverages only from clubs, charities, religious groups and other non -profit organizations whose activities are significantly conducted in the City of • Maple Grove. Persons interested in this request must review City Code 22 -66 with staff. 5. The sale of articles, items or services is prohibited except upon Board approval. Persons interested in this request must review City Code 22 -65 with staff. 6. Gambling of any kind including but not limited to bingo, pull -tabs and raffles may not be conducted without approval from Park Board and demonstration of compliance with all City and State Codes 7. All outdoor events must take place between 6:00 a.m. and 11:00 p.m. An event may extend beyond Park curfew times, only upon approval and written on the permit. Consideration for extended use will be based on adequate supervision and safety of participants. 8. Users must place all trash in designated garbage cans. Events requiring additional garbage pick -up other than the routine maintenance may be assessed a service fee. 9. Items brought onto the park property for temporary use must be delivered and removed or properly disposed of by park user; nothing can be left in the park overnight without prior approval. Approved 11 /20/03. -S of Champlin Park & Recreation Tobacco -Free Park System Policy 1. Guideline Statement City of Champlin Parks and Recreation Tobacco -Free Policy is designed to protect the health, welfare, and safety of our park patrons. 2. Policy Statement The City of Champlin is committed to the quality of life for all residents, therefore, we believe that: • Tobacco product use in the proximity of children, youth and adults engaging in or watching recreational activities is unhealthy and detrimental to the health of others. • Tobacco products consumed in public spaces are often discarded on the ground, thus posing a risk of ingestion to toddlers and causing a litter problem. • As parents, leaders, coaches, and officials, we are thought of as role models and the , use of tobacco products around youth has a negative effect on their lifestyle choices. 3. Tobacco -Free Facilities The City of Champlin does not allow the use of tobacco products on City -owned park land, recreational facilities, City facilities, and open space. 4. Compliance Procedures The emphasis on enforcing the Tobacco -Free parks and recreation policy is through voluntary compliance: • Appropriate City- owned park land, recreational facilities, open space will be signed. • City of Champlin staff will meet with activity organizations and \ or leaders or coaches to discuss the policy and to distribute flyers with the "Tobacco Free" regulations. • City staff will make periodic observations of activity sites to monitor compliance. 5. Adoption date: May 10, 2004 • ORDINANCE NO. 310, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Chapter 10 Adding Section 10.67 "Smoke Free Environment" The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 10 is hereby amended by adding Section 10.67, "Smoke Free Environment" to read as follows: Section 10.67. Smoke Free Environment. Subdivision 1. Findings and Purpose. The inhalation of secondhand tobacco smoke has been documented as hazardous to human health by the American Medical Association, the U.S. Surgeon General, the National Institute on Occupational Safety and Health, the National Cancer Institute, the U.S. Environmental Protection Agency, the National Academy of Sciences, the National Toxicology Program, and the World Health Organization. Therefore, the purpose of this Section is to: A. Protect the public health, safety, and welfare of citizens by increasing the ability of all citizens to breathe safe and uncontaminated air; B. Affirm that the necessity to breathe safe and uncontaminated air takes priority over the desire to smoke; and C. Protect vulnerable populations including employees, children, the elderly, and those with chronic health conditions. • Subdivision 2. Definitions. For the purposes of this Section, the following terms are defined as follows: A. "Food Establishment" -- Any establishment, however designated, engaged in the preparation or serving of food for consumption either on or off the premises; or anywhere consumption of food occurs on the premises, B. "Liquor Establishment " — An establishment that has an On Sale 3,2 percent malt liquor license issued pursuant to Minnesota Statutes Section 340A.403, as amended from time to time, or an On Sale intoxicating liquor license issued pursuant to Minnesota Statues Section 340A.404, as amended from time to time. C. "Other Person in Charge" — The agent of the Proprietor authorized to perform administrative direction to and general supervision of the activities within a public place or place of work at any given time. D. "Place of Work" — Any location at which two or more individuals perform any type of a service for consideration of payment under any type of employment relationship, including but not limited to an employment relationship with or for a private corporation, partnership, individual, or government agency. This term includes any location where two or more individuals gratuitously perform service for which individuals are ordinarily paid. Examples of a place of work include, but are not limited to an office, a public conveyance, a factory, a warehouse, or a similar place of work. E. "Proprietor" — The party, regardless of whether the party is owner or lessee of the place of work or public place, who ultimately controls, governs, or directs the activities within the place or work or public place. The term does not mean the owner of the property unless the owner ultimately controls, governs, or directs the activities within the public place. The term "Proprietor" may apply to a corporation as well as an individual. F "Public Place" — Any enclosed, indoor area used by the general public or serving as a place of work, including, but not limited to, restaurants, retail stores, offices and other commercial establishments, public conveyances, educational facilities other than public schools, hospitals, nursing homes, auditoriums, arenas, meeting rooms, and common areas of rental apartment buildings. G "Smoking" — The inhaling, exhaling, or combustion of anypipe, cigarette, cigar, tobacco product, weed, plant, or any other similar article. Smoking includes possessing or carrying a lighted pipe, cigarette, cigar, or any other lighted smoking equipment. Subdivision 3. Smoking Restrictions. A. Smoking is prohibited in the following locations; 1. Public places and places of work, including both indoor and outdoor dining areas of liquor and food establishments; 2. Within twenty -five (25) feet of entrances, exits, open windows, and ventilation intakes of public places and places of work; 3. Within twenty -five (25) feet of any outdoor dining area at any liquor or food establishment; and 4. Public parks and recreation facilities. B. Exceptions. The prohibitions of this Section shall not apply to the following: 1. Private residences; 2. Privately rented sleeping rooms in hotels and motels; 3. Locations where smoking is expressly authorized by State or Federal law or rule; 4. Motor vehicles; and 5. The use of tobacco as part of a recognized religious ritual, activity, or ceremony. Subdivision 4. Responsibilities of Proprietors. The proprietor or other person in charge of a public place, place of work, liquor establishment, or food establishment shall: A. Post "No Smoking" signs that comply with the Minnesota Glean Indoor Air Act Rules, Minnesota Rules, part 4620.0500 as amended from time to time; B. Ensure that ashtrays; lighters, and matchbooks are not provided in areas where smoking is prohibited; C. Ask any person who smokes in an area where smoking is prohibited to refrain from smoking and, if the person does not refrain from smoking after being asked to do so, take the appropriate action to remove the person from the premises. Appropriate action shall include calling the Golden Valley Police Department for assistance. • D. Failure to comply with this Subdivision shall constitute grounds for revocation of any food, liquor, or other business license held by the establishment. Subdivision 5. Retaliation Prohibited. No person or employer shall discharge, refuse to hire, or in any manner retaliate against, any employee, applicant for employment, or customer because the employee, applicant or customer exercises any right to a smoke -free environment afforded by this ordinance or other law. Subdivision 6. Private Prohibitions. Nothing in this Section prevents the proprietor or other person in charge of any place, including, without limitation, any residence, motor vehicle, or outdoor space, from prohibiting smoking in any such place. Subdivision 7. Employees' Rights Preserved. An employee who consents to work in a setting where an employer allows smoking does not waive or otherwise surrender any legal rights the employee may have against the employer or any other party. Subdivision 8. Other Laws. This Section is intended to complement the Minnesota Clean Indoor Air Act, Minnesota Statues, Sections 144.411 to 144.417, as amended from time to time. Nothing in this ordinance authorizes smoking in any location where smoking is prohibited or restricted by other laws. Subdivision 9. Severability. If any portion of this Section is held invalid, the remaining provisions shall be considered severable and shall be given effect to the maximum extent possible. Subdivision 10. Effective Date. The provisions of this Section shall become effective March 31, 2005. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 10.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This Ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 19th day of October, 2004 /s /Linda R. Loomis Linda R. Loomis, Mayor ATTEST: /s /Donald G. TaLrlor Donald G. Taylor, City Clerk • E nf o r c � r� a n u IC n Your Tobacco - Free Park Policy A well publicized policy informs park users about the reasons why the policy has been adopted and helps enforce the policy by reducing violations. 1 01 219, Let Community Members Know Post Signs About the Policy The most important way to In addition to posting signs, park and recreation staff has used a variety publicize your tobacco -free policy is of means to educate citizens about their tobacco -free policies: by posting signs. • Staff notification of the new policy and setting procedures for If you have not done _4 NI handling violations. so already, contact " . Bookmarks or small notification cards explaining the policy Tobacco -Free Youth T_­ U 1. P�,> distributed by park staff or community members to park Recreation to order users. metal tobacco -free signs. • Articles in a local or regional newspaper, as the result of a The following locations are news release or reporters' coverage of city council meetings. suggested places for posting your tobacco -free signs: • Park and recreation department and city newsletters. • • Fencing around playgrounds • Recreation program brochures, catalogs, and announcements. and fields • Rulebooks or policy statements that are distributed to sports • Backstops league administrators, coaches, officials, parents, and • Picnic shelters participants. • Restrooms • Concession stands • Other fact sheets or educational articles about tobacco and • Parking lot entrances secondhand smoke distributed at coaches' meetings, in • Beach entrances mailings, or through newsletters. • Lifeguard stands • Hiking trail entrances • Postings on the recreation department's or city's website. • Skating rink warming houses • Public address announcements at recreation events, or public service announcements on local radio stations or public access cable channels. ® Ask for Assistance! • Kick -off celebration or community event with tobacco -free pledges, activities, etc. Potential dates for this event: These groups will assist you in March /April —Kick Butts Day; May 31 —World No Tobacco Day; publicizing your tobacco free policy: Thursday prior to Thanksgiving —Great American Smoke Out. • Tobacco -Free Youth Recreation, (651) 646 -3005, tfyr @ansrmn.org Please note: computer artwork files are available from TFYR • Your local tobacco -free coalition for the tobacco free sign image. • • Your local public health agency , 18 Free Signs! Minnesota cities that adopt comprehensive tobacco -free policies for their recreational facilities and park property can order FREE v►Q��REE�� metal 12" x 18" tobacco -free signs from Q 0 � TFYR to help with policy implementation. ti To qualify for the signs, the tobacco -free policy must include: No • A list of all the facilities it covers Tobacco Use • A statement that all forms of tobacco On This use are prohibited Park Property • An enforcement plan that includes a) Thaw�.You. user and staff notification; and b) signage. Tobacco -Free Signs Please contact Tobacco -Free Youth Recreation to find out how a tobacco -free policy for parks and outdoor recreational facilities can benefit your community. For technical assistance in policy development and suggestions for tobacco prevention strategy implementation, contact: Brittany McFadden, Program Director Tobacco -Free Youth Recreation 2395 University Ave. West, Suite 310 St. Paul, MN 55114 -1512 / TOBACCO - FREE (651) 646 -3005; bhm(CD- ansrmn.orq YOUTH RECREATION ,nvra.lobaccofreeparks.org 19 Please contact the people listed below to find out how a tobacco -free olic for outdoor recreational facilities can p Y benefit your community. For suggestions or feedback from communities who have implemented tobacco free policies, contact: Plymouth Parks & Recreation Department Diane Evans, Supt. of Recreation 3400 Plymouth Blvd. Plymouth, MN 55447 (763) 509 -5220; devans @ci.plymouth.mn.us Coon Rapids Parks & Recreation Department Bruce Thielen, Public Works Director 1831 — 111 Ave. NW Coon Rapids, MN 55433 (763) 767 -6578; thielen @ci.coon - rapids.mn.us Morris Community Education Cindy Perkins, Director 600 Columbia Ave. Morris, MN 56267 (320) 589 -4394; cperkins @maes.morris.k12.mn.us Grand Rapids Parks & Recreation Department Dale Anderson, Director 420 N. Pokegama Ave. Grand Rapids, MN 55744 (218) 326 -2500; danderson @ci.grand- rapids.mn.us • 20 T TOG A "° "FREE Most Comprehensive Tobacco-Free Policies for Park YGuru RECREATION .asrmr..org Property & Recreational Facilities in Cities Near Brooklyn Center, MN Brooklyn Park Pop, 75,700 Policy: The city of Brooklyn Park does not allow the use of tobacco products on all city parks, recreation areas and open spaces are tobacco -free, except for the two city -owned golf courses. Exception: two city -owned golf courses Adoption date: May 16, 2011 Contact: Jon Oyanagi, Director, Recreation and Park Department, 5600 85th Ave N Brooklyn Park, MN 55443; (763) 493 -8337; Jon.Oyanagi @brooklynpark.org Champlin Pop. 23,000 Policy: "The City of Champlin does not allow the use of tobacco products on city -owned parkland, recreational facilities, city facilities, and open space." Adoption date: May 10, 2004 Contact: Eric Carlson, Park & Recreation Director, 11955 Champlin Dr., Champlin, MN 55316; (763) 923 -7132; ecarlsonCabci.champlin.mn.us Coon Rapids Pop. 61,400 Policy: "The City of Coon Rapids does not allow the use of tobacco products on city -owned parkland, park facilities, open space or joint city /school district properties." Exceptions: Bunker Hills Golf Course; within the confines of a vehicle in a designated parking area. Adoption date: February 17, 2004 Contact: Steve Gatlin, Public Works Director, 1831 — 111 Ave. NW, Coon Rapids, MN 55433; (763) 755 -2880; gatlin @ci.coon- rapids.mn.us Dayton Pop. 4,600 Policy: "The City of Dayton does not allow the use of tobacco products on city -owned parkland, recreational facilities, city facilities, and open space." Adoption date: June 14, 2005 • Contact: Rick Hass, Public Works Superintendent, 16471 S. Diamond Lake Rd., Dayton, MN 55327; (763) 427 -3224 Golden Valley Pop. 20,000 Ordinance: Smoking is prohibited at public parks and recreation facilities, including Brookview Golf Course. This ordinance also prohibits smoking at indoor and outdoor dining and liquor establishments, within 25 feet of entrances, exits, open windows, and ventilation intakes of public places, and within 25 feet of outdoor dining areas. Effective date: March 31, 2005 Contact: Rick Jacobson, Recreation Director, 200 Brookview Parkway, Golden Valley, MN 55426; (763) 512 - 2342; rjacobson (&ci.golden- val ley. mn.us Maple Grove Pop. 61,500 Policy: "Tobacco use is prohibited at all public buildings, park property and ISD #279 property operated by the Board through a joint powers agreement." Adoption date: 1993; updated November 20, 2003 Contact: Terry Just, Park & Recreation Director, 12951 Weaver Lake Rd., Maple Grove, MN 55369; ( 763) 494- 6501; tjust@ci.maale- grove.mn.us New Brighton Pop.. 22,000 Policy: "No person shall use tobacco products on city -owned parkland, park facilities, and open space." Exceptions: Brightwood Hills Golf Course (no tobacco allowed during exclusively youth activities); Family Service Center's designated smoking areas; Neighborhood Center patios and picnic pavilions during private events. Adoption date: May 27, 2003 Contact: Sandy Bruer, Park & Recreation Director, 400 Tenth St. NW, New Brighton, MN 55112; (651) 638 -2130; sandy.breuer @newbrightommn.gov Plymouth Pop. 70,500 Policy: "No person shall use tobacco products on city -owned parkland, park facilities, open space, or joint city /school district properties." Exception: within the confines of a vehicle in a designated parking area. Adoption date: October 28, 2003 Contact: Diane Evans, Recreation Supt., 3400 Plymouth Blvd., Plymouth, MN 55447; (763) 509- 5220; devans@ci.plymouth.mn.us • Mav 2011 BROOKLYN CENTER comm • uhrhn�li UMVing burners Brooklyn Center Schools —1SD 286 07 January 2011 Dear Brooklyn Center Park & Recreation Commission: I am writing in support of tobacco -free park and recreational areas in the city of Brooklyn Center.. A tobacco -free policy sends a clear message that we care about the health of the community, especially our youth. Both Earle Brown Elementary School and Brooklyn Center High School are in close proximity to Brooklyn Center city parks. Many of our students and families use these parks. Since our school district already prohibits tobacco use at our buildings and grounds, including the playground and athletic fields, a city -wide policy will create a consistent tobacco -free policy for all park and recreational facilities in our community. Tobacco use not only exposes participants and spectators to the harmful effects of • secondhand smoke, but it is also a nuisance and safety concern. We strive to teach our students the value of a clean, healthy community by not littering, and the tobacco -free policy will help reduce litter and support the healthy message that we teach. Tobacco use in a park setting also sends a negative message to our youth that tobacco use is an acceptable behavior within our community. I encourage you to prohibit tobacco use at all city -owned parks and recreational facilities. Thank you for considering a tobacco -free policy. Sincerely Kei Lester Superintendent Brooklyn Center Schools - ISD 286 • Brooklyn Center Schools District 286 6500 Humboldt Ave. N, Brooklyn Center, MN 55430 p:(763)560 -2120 f:(763)450 -3477 www.brookcntr.k12.mn.us Brooklyn Center Park & Recreation Committee Cancer i 6301 Shingle Creek Pkwy. • Brooklyn Center, MN 55430 November 16, 2010 Dear Brooklyn Center Park & Recreation Committee, On behalf of the American Cancer Society Midwest Division, I am pleased to submit this letter of support for the proposal to prohibit tobacco us on all park land and outdoor recreational facilities owned by the city of Brooklyn Center. The American Cancer Society (ACS) is dedicated to eliminating cancer as a major health problem by preventing cancer, saving lives and diminishing suffering from cancer through research, education, advocacy and services. One third of all cancer deaths are caused by tobacco. Minnesota needs to see a significant reduction in the number of people who smoke. The experience of other states suggest that our best hope lies in a comprehensive approach, which includes statewide and local prevention programs, strong youth access laws, cessation programs, counter - marketing campaigns, local tobacco control ordinances and an increase in the tobacco excise tax. Providing smoke free parks and recreational settings for youth is in keeping with a comprehensive approach to tobacco control and will serve your community well in making it a healthier place for youth. • Together with other supporters, I am confident this initiative will be a success. This proposal is a reasonable policy measure that will send a positive, consistent message to youth and others within your community. We look forward to working with community members and organizations on this important community initiative and anticipate that experience gained will be of assistance to the American Cancer Society in its own mission. Respectfully submitted, Sara Mannetter American Cancer Society Midwest Division, Inc. MN Grassroots Advocate r Disease Stroke. u' Cure. American Heart I American Stroke • Associations Association Learn and Live November 17, 2010 Brooklyn Center Park & Recreation Commission 6301 Shingle Creek Pkwy. Brooklyn Center, MN 55430 Dear Commission Members: I am writing to you to express the support of the American Heart Association fora tobacco free policy for the Brooklyn Center park and recreation facilities. The American Heart Association has an impact goal to improve the cardiovascular health of all Americans by 20 percent while reducing deaths by car - diovascular diseases by 20 percent by the year 2020. Because tobacco use is a modifiable risk factor for such things as heart disease, stroke, and heart attack, promoting policies that discourage the use of to- bacco products across all sectors of our society is a very important component of the work we do. Removing tobacco use from park and recreation facilities is important for several reasons.. For starters, passing a policy would protect park patrons from second hand smoke. Perhaps more importantly, it is vital that we send consistent messages about health and tobacco use to the young people who are using • the parks. When we encourage kids to be active, participate in sports and use the parks we are sending them positive messages about their health. It becomes more difficult to send those messages when others using the same space are using tobacco products. Making the non -use of tobacco a cultural norm in your city will help make it less likely that_kids will start smoking in the first place. Finally, it is important that the prohibition on tobacco use be consistent across the city to include all parks, recreation facilities and open space owned by the city. This would avoid confusion among pa- trons and would be most effective in sending the positive health messages to young people that we are trying to communicate. Sincerely, . f Rachel Callanan, JD Regional Vice President of Advocacy —MN and WI American Heart Association American Heart Association • MN Advocacy Department • 4701 West 77 Street • Edina, MN 55435 Phone: (952) 835 -3300 • www.heart.org /mnadvocacy Hennepin County Human Services and Public Health Department Office of the Area Director 612- 348 -4464 Phone t . 300 South 6 Street MC 150 612 - 348 -2856 Fax Minneapolis, MN 55487 www.hennepin.us January 4, 2011 Jim Glasoe Brooklyn Center Park & Recreation Commission 6301 Shingle Creek Pkwy Brooklyn Center, MN 55430 Dear Mr. Glasoe: am writing in support of the proposed tobacco -free ordinance you will be discussing and encourage you to consider making all park venues tobacco -free. Our department is a leader in promo h de n . As such p healthy youth velopme t , we work to prevent youth tobacco use, reduce exposure to secondhand smoke, and promote positive adult role modeling. By supporting a comprehensive tobacco -free policy that includes your entire park system, Brooklyn Center can send a clear message that the community cares about the health of its youth and wants them to make positive lifestyle decisions. Such a policy will ensure that coaches, parents, and all adults can be positive . role models by not using tobacco in any parks and recreational areas. Tobacco use not only exposes participants and spectators to the harmful effects of secondhand smoke, but it is also a nuisance and safety concern. The litter caused by tobacco use diminishes the beauty of the Brooklyn Center park system and can be accidentally ingested by young children. Our recreation areas should be places where we can go to improve our health and fitness, or just relax in a clean and healthy environment. We encourage you to make all Brooklyn Center park district venues tobacco -free. Sincerely, < �tO4� Todd Monson Public Health Director 3 W. N CrrIES 1300 God \ % -trd Sleet NE Suite 2000 • iN.1EDI(�.� L S0C,IET"5° tllitiolcalxriis,��9Ni3ll,3 .r lT: 612-623-.2M, :i F; 612-623-2888 w x.I lie ro m - corn. coil November x7, 2010 Brooklyn Center Park & Recreation Cornlnission 6301 Sliingle Creek Pkwy Brooklyn Center, MN 55430 To Mom It May Concerti: The Twin Cities Medical Society (TCMS) has been a longstanding supporter of smoke -free policies because, as physicians, we understand the harmful effects that exposure to secondhand smoke has on our patients. I am writing to you today, as president of the TCMS, voicing our support of .a comprehensive tobacco free policy in parks in the city of Blaine. As a health care organization representing over 6000 physicians, TCMS is very concerned. about the harmful health effects experienced by those who are exposed to secondhand smoke, especially children. Making all parks and recreational settings tobacco free eliminates everyone's exposure to secondhand smoke, a • Group A carcinogen. There is no safe level of human exposure to these types of cancer causing chemicals. Tobacco free park policies help create a safe environment and one where adults model and promote a healthy lifestyle for our youth who are looking to us to set standards and serve as examples for desired behavior, Tobacco free parks will not only help set the community norm that tobacco use is unacceptable they will also help reduce youth tobacco use in a community. Tobacco free parks will have both immediate and long -terra health benefits for individuals and our communities. We strongly encourage your support of a comprehensive tobacco free parks policy in Brooklyn Center. Please contact me with any questions. .1 can be reached at 612 623 2885. Sincerely, Edward Ehlinger, MD, MSPH President, Twin Cities Medical Society • K /Legislation /Tobacco Bree Parks- Blaine This Petition was provided at the meeting on June 27, 2011. Brooklyn Center Tobacco-Free Parks Petition We support a tobacco-free policy for ALL Brooklyn Center park property over of a policy that makes only certain youth-focused park areas tobacco-free for the following reasons: • All-inclusive policies are easier for people to understand and therefore easier to enforce. • Discarded cigarette butts pollute our parks; pose a fire hazard; and can be ingested by animals, birds and fish. • Secondhand smoke is dangerous to breathe, even outdoors. It can harm the hearts and lungs of all creatures. • Consistent tobacco use policies at parks and other public settings are important for creating healthy environments and encouraging healthy behavior in all residents. Name Zip Code Phone/Email k7 Y ;74:�'9Z 2. ��4A �-cn, 3. 4. 6� 10. Ss l `7G 3 - . �t1 I,the ndersigned,witnessed the a ov individuals Sig this petition. l ROk CP Name(print) Signature Date Brooklyn Center Tobacco-Free Parks Petition We su pp o rt a tobacco-free policy f o r ALL Brooklyn. Center park property over of a policy that mak es only certain youth-focused ark areas tobacco -free free for the following reasons: • All-inclusive policies are easier for people to understand and therefore easier to enforce. • Discarded cigarette butts pollute our parks; pose a fire hazard; and can be ingested by animals, birds and fish. • Secondhand smoke is dangerous to breathe, even outdoors. It can harm the hearts and lungs of all creatures. • Consistent tobacco use policies at parks and other public settings are important for creating healthy environments and encouraging healthy behavior in all residents. Name Zip Code Phone/Email L � �� 7 G � � s' 414,14 16 z. Z 63 - `;c .5 a 4 ILA 76oj, &3—&3�1 5. r i r--I r, t c4i Aad SS-�( 4 s- 763 j5 3s- 7. 01)A h/o- 3 J--') 7- (F761 Iry 10. 6NMAD JJ ( Z � I,the undersigned,wit s t above individuals sign this petition. ame(print) Si ature Date Brooklyn Center Tobacco-Free Parks Petition We support a tobacco-free policy for ALL Brooklyn Center park property over of a policy that makes only certain youth-focused park areas tobacco-free for the following reasons: • All-inclusive policies are easier for people to understand and therefore easier to enforce. • Discarded cigarette butts pollute our parks; pose a fire hazard; and can be ingested by animals, birds and fish. • Secondhand smoke is dangerous to breathe, even outdoors. It can harm the hearts and lungs of all creatures. • Consistent tobacco use policies at parks and other public settings are important for creating healthy environments and encouraging healthy behavior in all residents. Name Zip Code Phone/Email 1, S ' 5; d 763 6 - 733 2. K+'iS Ki.Sor SSA 8Pbrk Y.4 hrro,rolti 39 N�� _ �CiSo( �s�(1y Flt �'ot4rzo ZZ� 110ff"4 Cove. 5. -11tn L�g S �'2�► 6. �/�- S��f 2 (fa ve-14e r f ir(Sel Ofa 141 t d �t \A., A t,Q I co, io I.the u?�dersigned,wi nessed the ab individuals si this petition. a print) Signature Date Brooklyn Center Tobacco-Free Parks Petition We support a tobacco-free policy for ALL Brooklyn Center park property over of a policy that makes only certain youth-focused park areas tobacco-free for the following reasons: • All-inclusive policies are easier for people to understand and therefore easier to enforce. • Discarded cigarette butts pollute our parks; pose a fire hazard; and can be ingested by animals, birds and fish. • Secondhand smoke is dangerous to breathe, even outdoors. It can harm the hearts and lungs of all creatures. • Consistent tobacco use policies at parks and other public settings are important for creating healthy environments and encouraging health behavior in all residents. 9 9 Y Name Zip Code Phone/Email ) 2 3 5. 6. 5S U 8. 9. Ufa 10.Uj i A I,the undersigned, witnessed the a individuals si n this petition. lG � h Go Name(print) Signature Date Brooklyn Center Tobacco-Free Parks Petition We support a tobacco-free policy for ALL Brooklyn Center park property over of a policy that makes only certain youth-focused park areas tobacco-free for the following reasons: • All-inclusive policies are easier for people to understand and therefore easier to enforce. • Discarded cigarette butts pollute our parks; pose a fire hazard; and can be ingested by animals, birds and fish. • Secondhand smoke is dangerous to breathe, even outdoors. It can harm the hearts and lungs of all creatures. • Consistent tobacco use policies at parks and other public settings are important for creating healthy environments and encouraging healthy behavior in all residents. Name Zip Code Phone/Email 1 2. 3. Q� t1n CD 244 4. S,�I lu, t GK(,,t 5sn o 6. V6' �4z , 7 u„rw;.st r5-"1 Z g X l-o v x_c 4 21 Q g, S Sy3C� br�� �ox _ .V,C 9. S5 q 2S io.t2 AIM h CtOkCe z��_oo�_.oe, �.Pb I,the undersigned,witnessed the above,' ividuals sign this petition. Name(print) Signature V Date Brooklyn Center Tobacco-Free Parks Petition i We support a tobacco-free policy for ALL Brooklyn Center park property over of a policy that makes only certain youth-focused park areas tobacco-free for the following reasons: • All-inclusive policies are easier for people to understand and therefore easier to enforce. • Discarded cigarette butts pollute our parks; pose a fire hazard; and can be ingested by animals, birds and fish. • Secondhand smoke is dangerous to breathe, even outdoors. It can harm the hearts and lungs of all creatures. • Consistent tobacco use policies at parks and other public settings are important for creating healthy environments and encouraging healthy behavior in all residents. Name Zip Code Phone/Email S P - I g3 X��-'rkp, JX 3. q9 3 - S c y 4. 55410 612,--796 a Z S'5429 fit - Sol --- o7? v { 7. s. 5;433 `1(,3 - Ufa $<9t,,L( 9. Pi V/�A W& L D D3 - Cam, 10. I, the undersigned, e d the ab individuals siqrlthis petition. Name(print) Signature Date Brooklyn Center Tobacca--Free Parks Petition We support a tobacco-free policy for ALL Brooklyn Center park property over of a policy that makes only certain youth-focused park areas tobacco-free for the following reasons: • All-inclusive policies are easier for people to understand and therefore easier to enforce. • Discarded cigarette butts pollute our parks; pose a fire hazard; and can be ingested by animals, birds and fish. • Secondhand smoke is dangerous to breathe, even outdoors. It can harm the hearts and lungs of all creatures. • Consistent tobacco use policies at parks and other public settings are important for creating healthy environments and encouraging healthy behavior in all residents. Name Zip Code Phone/Email 1. �e cn � o �— 5'S 4 43 Cn la-sqb--1 t�q�t 0",6V 57�YS 0 1 30 Z_ tle'xa4� 7 7 7,14o - 63 4. 6. A-16"121 1--eJ 7��µ �,G.�.C�,.-. SS 1 -�' f�i( ,/�,�C i �,.G.�/ • Ge-rte.._ I,the undersigned,witnessed the a e individuals sign this petition. Name(print) Signature V Date Brooklyn Center Tobacco-Free Parks Petition We support a tobacco-free policy for ALL Brooklyn Center park property over of a policy that makes only certain youth-focused park areas tobacco-free for the following reasons: • All-inclusive policies are easier for people to understand and therefore easier to enforce. P P P • Discarded cigarette butts pollute our parks; pose a fire hazard; and can be ingested by animals, birds and fish. • Secondhand smoke is dangerous to breathe, even outdoors. It can harm the hearts and lungs o f all creatures. • Consistent tobacco use policies at parks and other public settings are important for creating healthy environments and encouraging healthy behavior in all residents. Name 4 Zip Code Phone/Email 1. ` - S S(4 a `1U 3-535.407 o 2. '�5;q Z (0 SIZO 02-3 3. 7G 3--54 G-l�l 4. ` l -XY 3�1-77 gr M G T4� X )1 -103 'P 7. XOK s I( X -Z-7q3- � 63 Z-6 cv 5"1 (0 B s� a �6� ,3 �o. �n 07 7 I the undersigned, wit sed the above n ividuals sign this petition. f a h c� Name(print) Signature 7 Date Brooklyn Center Tobacco-Free Parks Petition We support a tobacco-free policy for ALL Brooklyn Center park property over of a policy that makes only certain youth-focused park areas tobacco-free for the following reasons: • All-inclusive policies are easier for people to understand and therefore easier to enforce. • Discarded cigarette butts pollute our parks; pose a fire hazard; and can be ingested by animals, birds and fish. • Secondhand smoke is dangerous to breathe, even outdoors. It can harm the hearts and lungs of all creatures. • Consistent tobacco use policies a t pa rks and other public settings are important for creating healthy environments and encouraging healthy behavior in all residents. Name Zip Code Phone/Email 1. YL �� 3 — �(--� --� r 3 675-gq3 4p 3- 5-4o 11,57 4, 5. - . 7. X63 � 8.G��_C'c.1y� 6S 3 -� - Lt-z-S-cam�k I (o to 763 R1 Cl / i I,t e undersigned, wi sse a above individuals sign this petition..` d,,� q p�4 �s a,e tG' )- (-^77 • 7oti Name(print) Signature Date Brooklyn Center Tobacco-Free Parks Petition We support a tobacco-free policy for ALL Brooklyn Center park property over of a policy that makes only certain youth-focused park areas tobacco-free for the following reasons: • All-inclusive policies are easier for people to understand and therefore easier to enforce. • Discarded cigarette butts pollute our parks; pose a fire hazard; and can be ingested by animals, birds and fish. • Secondhand smoke is dangerous to breathe, even outdoors. It can harm the hearts and lungs of all creatures. • Consistent tobacco use policies at parks and other public settings are important for creating healthy environments and encouraging healthy behavior in all residents. Name Zip Code Phone/Email AQ a S'4429 'I G - S60 - y30 17 4Z' V-/V ` Z _ _Z 38 L,11 so Oz 7. SS 3 ( I 1 (,3 w(o q3od 9. �.�.tir .gG so. � I,the undersigned, witnes d the bove individuals sign this petition. 7 Name(print) Signature Date Brooklyn Center Tobacco-Free Parks Petition We support a tobacco-free policy for ALL Brooklyn Center park property over of a policy that makes only certain youth-focused park areas tobacco-free for the following reasons: • All-inclusive policies are easier for people to understand and therefore easier to enforce. • Discarded cigarette butts pollute our parks; pose a fire hazard; and can be ingested by animals, birds and fish. • Secondhand smoke is dangerous to breathe, even outdoors. It can harm the hearts and lungs of all creatures. • Consistent tobacco use policies at parks and other public settings are important for creating healthy environments and encouraging healthy behavior in all residents. Name Zip Code Phone/Email �d r �� o`�o �� a�a �Lo a bUWAL�VvYfi- CW t 3 sSz� (f 2, (Z l- 7� vq" J041ka_ Gju,��_ srV7 *7&3-546 - a' 6 55� ew- 79 �— \OfZ; _O_A�> �L�p4oli�" 9. Gy" _ 7� 3 `7 2� to/d 1/ 3 10. ,� 55311 42b � I,the undersigned,\N d th above individuals sign this petition. Date Name(print) Signature Brooklyn Center Tobacco-Free Parks Petition We support a tobacco-free policy for ALL Brooklyn Center park property over of a policy that makes only certain youth-focused park areas tobacco-free for the following reasons: • All-inclusive policies are easier for people to understand and therefore easier to enforce. • Discarded cigarette butts pollute our parks; pose a fire hazard; and can be ingested by animals, birds and fish. • Secondhand smoke is dangerous to breathe, even outdoors. It can harm the hearts and lungs of all creatures. • Consistent tobacco use policies at parks and other public settings are important for creating healthy environments and encouraging healthy behavior in all residents. Name Zip Code Phone/Em ail a p 26 �t (-z� s 3 f (� 1 G 3 D-05 Sri a 3. JO caw ena�(bee -4f�/X 7L7- 5�� 42 / G�� Srg4I 963- 13 516 5. S_ ?6 6. 5 5 'ty3 3 . 7. �D Ss�a� 6s -14; 6 g 9. atal 5 U1 - G98- SO 29 10. s ( SS I,the undersigned,wi s d the above individuals sign this petition. Name(print) ignature Date Brooklyn Center Tobacco-Free Parks Petition --We support a tobacco-free policy for ALL Brooklyn Center park property over b of a policy that makes only certain youth-focused park areas tobacco-free for the following reasons: • All-inclusive policies are easier for people to understand and therefore easier to enforce. • Discarded cigarette butts pollute our parks; pose a fire hazard; and can be ingested by animals, birds and fish. • Secondhand smoke is dangerous to breathe, even outdoors. It can harm the hearts and lungs of all creatures. • Consistent tobacco use policies at parks and other public settings are important for creating healthy environments and encouraging healthy behavior in all residents. Name Zip Code Phone/Email PwScesS; ve , S v 2, Q L�n�i S 5_G4' � C�LZ-ZTO-OG 2*Z- ve+errw^ @Cuw7ecf)1-. e; 4. 94IL- Oa o . C-�T '�A"0 LIMMA 6, R a g r /e s; .S",s'�! 3 a 70 5_4 t- Z G9r q 8. 3' 9. � s 3� I,the undersigned, witne ed the above individuals sign this petition. �JIC Name(print) Sig re Date Brooklyn Center Tobacco-Free Parks Petition We support a tobacco-free policy for ALL Brooklyn Center park property over of a policy that makes only certain youth-focused park areas tobacco-free for the following reasons: • All-inclusive policies are easier for people to understand and therefore easier to enforce. • Discarded cigarette butts pollute our parks; pose a fire hazard; and can be ingested by animals, birds and fish. • Secondhand smoke is dangerous to breathe, even outdoors. It can harm the hearts and lungs of all creatures. • Consistent tobacco use policies at parks and other public settings are important for creating healthy environments and encouraging healthy behavior in all residents. Name 4Ary" Zip Code Phone/Email 1. .SZ`a &a- 6S'`la`1 -74 3 - S-60 - g6 76' 2. k6L" Yee �s�i. � s� - Z � � -&ga6 3. `le Y- Le- s i30 6c-t - 77t - 77 `� � �AQ 5544 (A*21., C1W 5. AiT u xt I Ca-kA W CA S. 6. U1( L_Celyi 7. TIOSIwilh MO Y1 ss �r� 037-7Q � a- � C. 9. 5 59 P'9 �5 C o v� I,the undersigned, witness#d thq above individuals sign this petition. ' fkK /4f 2,7-ZCJ`l Name(print) Signature Date Brooklyn Center Tobacco-Free Parks Petition We support a tobacco-free policy for ALL Brooklyn Center park property over of a policy that makes only certain youth-focused park areas tobacco-free for the following reasons: • All-inclusive policies are easier for people to understand and therefore easier to enforce. • Discarded cigarette butts pollute our parks; pose a fire hazard; and can be ingested by animals, birds and fish. • Secondhand smoke is dangerous to breathe, even outdoors. It can harm the hearts and lungs of all creatures. • Consistent tobacco use policies at parks and other public settings are important for creating healthy environments and encouraging healthy behavior in all residents. Name Zip Code Phone/Email 2. 44A 1 -724 �-D- i 4. 1 ) Ck-'qZOL* :�; (o3, 7 S. �hm'4 c�,� 55)74 _-) (/ 3 9. io. -7�3 - 3®y - S( �S I,the undersigned, witne sed a above individuals sign this petition. k...,, &447::� (o- Z 7- Name(print) Signature Date Brooklyn Center Tobacco-Free Parks Petition We support a tobacco-free policy for ALL Brooklyn Center park property ove, of a policy that makes only certain youth-focused park areas tobacco-free for the following reasons: • A11-inclusive policies are easier for people to understand and therefore easier to enforce. • Discarded cigarette butts pollute our parks; pose a fire hazard; and can be ingested by animals, birds and fish. • Secondhand smoke is dangerous to breathe, even outdoors. It can harm the hearts and lungs of all creatures. • Consistent tobacco use policies at parks and other public settings are important for creating healthy environments and encouraging healthy behavior in all residents. Name Zip Code Phone/Em H 1. SUE w (NHS _ 55 0 7 3 - �" S ,Sorer w�' Jac a 4 .cow �h a VT 112g 2�� - S-31 -Sv3b �Gh 2■ Ca, 4. �(i 5. M r�� 6 � Znb�a �-reena - . 61eeAe e-6 8, EA/-6U IL"Q4 v a 9 e vac-cow I,the undersigned, witnassed a above individuals sign this petition. Name(print) Signa ure Date Brooklyn Center Tobacco-Free Parks Petition We support a tobacco-free policy for ALL Brooklyn Center park property over of a policy that makes only certain youth-focused park areas tobacco-free for the following reasons: • All-inclusive policies are easier for people to understand and therefore easier to enforce. • Discarded cigarette butts pollute our parks; pose a fire hazard; and can be ingested by animals, birds and fish. • Secondhand smoke is dangerous to breathe, even outdoors. It can harm the hearts and lungs of all creatures. • Consistent tobacco use policies at parks and other public settings are important for creating healthy environments and encouraging healthy behavior in all residents. Name Zip Code Phone/Email 0&)n 5\5 4 q G 3 Z Z-_3-13 7 3. 4L4_&Vt, 5,5qql 7103 - 5L.- S'2- 4. F r 7. I,the undersigned wit essed the above individuals sign this petition. AL� &_ � 7 Name(print) ignature Date Brooklyn Center Tobacco-Free Parks Petition . We support a tobacco-free policy for ALL Brooklyn Center park property over of a policy that makes only certain youth-focused park areas tobacco-free for the following reasons: • All-inclusive policies are easier for people to understand and therefore easier to enforce. • Discarded cigarette butts pollute our parks; pose a fire hazard; and can be ingested by animals, birds and fish. • Secondhand smoke is dangerous to breathe, even outdoors. It can harm the hearts and lungs of all creatures. • Consistent tobacco use policies at parks and other public settings are important for creating healthy environments and encouraging healthy behavior in all residents. Name Zip Code Phone/Email ZS4nd4�_� Ct 3. &nip 5.v� 6. ,�X 30- a. 9. flol r„sto-4 17 7� to_ above I,the undersign the individuals sign this petition. 5 6 "Z 6 © t- YA f I D Name(print) gnature ate Brooklyn Center Tobacco-Free Parks Petitlon We support a tobacco-free policy for ALL Brooklyn Center park property over of a policy that makes only certain youth-focused park areas tobacco-free for the following reasons: • All-inclusive policies are easier for people to understand and therefore easier to enforce. • Discarded cigarette butts pollute our parks; pose a fire hazard; and can be ingested by animals, birds and fish. • Secondhand smoke is dangerous to breathe, even outdoors. It can harm the hearts and lungs of all creatures. • Consistent tobacco use policies at parks and other public settings are important for creating healthy environments and encouraging healthy behavior in all residents. Name Zip Code Phone/Email p 1. S 2. a {-QA0, It" e TfKZa 167 - f6p -8676 Szl3 U 4. ( 501 730 9533 6. Amcuii Olat" '�sq3d 5 J, 4 7 7. 8. 'Mk&')'K _ P. .55qag Gta aO'iS -7 4�o� I,the undersigned, witnessed the above individuals sign this petition. Name(print) Signature Date fig' '&__... 4&41 /, 2 7 ZO c t Brooklyn Center Tobacco-Free Parks Petition We support a tobacco-free policy for ALL Brooklyn Center park property over of a policy that makes only certain youth-focused park areas tobacco-free for the following reasons: • All-inclusive policies are easier for people to understand and therefore easier to enforce. • Discarded cigarette butts pollute our parks; pose a fire hazard; and can be ingested by animals, birds and fish. • Secondhand smoke is dangerous to breathe, even outdoors. It can harm the hearts and lungs of all creatures. • Consistent tobacco use policies at parks and other public settings are important for creating healthy environments and encouraging healthy behavior in all residents. Name Zip Code Phone/Email 5 5 `'t`i 2. Ln 44S'-,A_ SS��Q 3. Uc�,r, osY3a Vkn �o��� . [n of .546 7:5FJPW1 4P 0-1 !� t-0 AS Al, &'�i 53.Fie 4A k- 6. A M 91-1 i•hAVY�_ A`Ln _ ru`l� nji nob(�sPb14V wry. mod/va ea'6 l. e o M G/ /�t,rn �o 10. S"s"�3A ,CON( I,the undersigned,witnessed the above individuals sign this petition. 4 he �es,,. Y,\e 0-'Z Lj:= / � � 2 v k Name(print) Signature Date Brooklyn Center Tobacco--Free Parks Petition We support a tobacco-free policy for ALL Brooklyn Center park property over of a policy that makes only certain youth-focused park areas tobacco-free for the following reasons: • All-inclusive policies are easier for people to understand and therefore easier to enforce. • Discarded cigarette butts pollute our parks; pose a fire hazard; and can be ingested by animals, birds and fish. • Secondhand smoke is dangerous to breathe, even outdoors. It can harm the hearts and lungs of all creatures. • Consistent tobacco use policies at parks and other public settings are important for creating healthy environments and encouraging healthy behavior in all residents. Name Zip Code Phone/Email s. !-3)MQnlj _ <5S¢ f��- 310 - SAS/- AAV44 2h.0,1-4e P"�" 2.0e-101 l — o ha,n 40C� a 4. Li sci Selleh an 5Sy30 -7 (a3- 503 - x(79 -7 S S. /�� �-� sY/�•�ah 5 f/,�a S'3-7 _ 3 i V-- 9. ss Zz9 7oI3 533 I,the undersigned, itnessed t above individuals sign this petition. z Name(print) Signature Date Brooklyn Center Tobacco-Free Parks Petition We support a tobacco-free policy for ALL Brooklyn Center park property over of a policy that makes only certain youth-focused park areas tobacco-free for the following reasons: • All-inclusive policies are easier for people to understand and therefore easier to enforce. • Discarded cigarette butts pollute our parks; pose a fire hazard; and can be ingested by animals, birds and fish. • Secondhand smoke is dangerous to breathe, even outdoors. It can harm the hearts and lungs of all creatures. • Consistent tobacco use policies at parks and other public settings are important for creating healthy environments and encouraging healthy behavior in all residents. Name Zip Code Phone/Email ].. Ob-:-4 Ja�v -' 3-3'YA Y 7G3-s3j 2. �'.�'-YZL 763 s 3 y #v fb 3. Y'G P~VAAsA---- �6 3&1 &4t 4. � � 554 Z-F '7103- 533- 555 ✓ 5. 6. `12-9 10 X33 - 93 SS Afj s. 3a 0 3 s el - 57.E g n 7 (Q 3 ' ` e0s 2 560- �D� 1,the undersigned,w' esse he above individuals sign this petition. Name(print) Signature Date Brooklyn Center Tobacco--Free Parks Petition We support a tobacco-free policy for ALL Brooklyn Center park property over of a policy that makes only certain youth-focused park areas tobacco-free for the following reasons: • All-inclusive policies are easier for people to understand and therefore easier to enforce. • Discarded cigarette butts pollute our parks; pose a fire hazard; and can be ingested by animals, birds and fish. • Secondhand smoke is dangerous to breathe, even outdoors. It can harm the hearts and lungs of all creatures. • Consistent tobacco use policies at parks and other public settings are important for creating healthy environments and encouraging healthy behavior in all residents. Name Zip Code Phone/Email V A9 3. Q n1, 53430 -1(a3 4. -/167 S. j 1L SS y 3 0 „7113 -56(lal/5�/ 6. 7(a.3) Si� d -G S jreiv�� R66t � 3 `163 -S�( - 3d Sb 7. SSA3� Z�� 4-1YL- 7AfY 9. I,the undersigned, essed the above individuals sign this petition. Name(print) Signature Date Brooklyn Center Tobacco-Free Parks Petition We support a tobacco-free policy for ALL Brooklyn Center park property over of a policy that makes only certain youth-focused park areas tobacco-free for the following reasons: • All-inclusive policies are easier for people to understand and therefore easier to enforce. • Discarded cigarette butts pollute our parks; pose a fire hazard; and can be ingested by animals, birds and fish. • Secondhand smoke is dangerous to breathe, even outdoors. It can harm the hearts and lungs of all creatures. • Consistent tobacco use policies at parks and other public settings are important for creating healthy environments and encouraging healthy behavior in all residents. Name Zip Code Phone/Email 1.�%%C41DU_ Ike- 51542$ (-ee.MjcaleM&ualjw. c.or►-, 2. Jena �.��r�1-� 3. �R, 5suo la -3 c lco s.� Lttc) IILe Y4two "2 6. dh C 7. 3 Y 2,7 ? 10 ssLtz� I,the undersigned, wit nes a ove individuals sign this petition. Name(print) Signature Date Brooklyn Center Tobacco-Free Parks Petition We support a tobacco-free policy for ALL Brooklyn Center park property over of a policy that makes only certain youth-focused park areas tobacco-free for the following reasons: • All-inclusive policies are easier for people to understand and therefore easier to enforce. • Discarded cigarette butts pollute our parks; pose a fire hazard; and can be ingested by animals, birds and fish. • Secondhand smoke is dangerous to breathe, even outdoors. It can harm the hearts and lungs of all creatures. • Consistent tobacco use policies at parks and other public settings are important for creating healthy environments and encouraging healthy behavior in all residents. Name Zip Code Phone/Email 4. ' ss 3 a -7 6 3 - �z �,z - a �13 8 76S - :5 s :�-- S. �3o 1'k X Q 4\J a\1 @ . CUB c I,the undersigne wi nes d the above individuals sign this petition. Name(print) ignature Date AGENDA CITY COUNCIL /ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION June 27, 2011 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. Council Chambers City Hall A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. ACTIVE DISCUSSION ITEMS 1. Firehouse Park — Councilmember Roche PENDING LIST FOR FUTURE WORK SESSIONS Later /Ongoing 1. Highway 252 Update — July 11 2. Proposed Tax Increment Financing District 2 Amendment — July 11 3. Financial Commission Report — Utility Collection — July 25 4. Youth Activities — Councilmember Roche 5. Progress Reports on Achievement of Strategic Goals 6. School District Discussions/BC Strategic Plan Report • 7. Sister City Update 8. Active Living Program 9. Annual Department Year End Reports 10. Graduated Sanitary Utility Rate Study — August 22 11. Garbage Hauler Organized Collection Update — October 12. Youth Participation Request — October 13. Neighborhood Designations — December • Work Session Agenda Item No. 1 MEMORANDUM - COUNCIL WORK SESSION • DATE: June 23, 2011 TO: City Council FROM: Tim Roche, City Councilmember PREPARED BY: Curt Boganey, City Man aged* SUBJECT: Firehouse Park Proactive Reponse Recommendation: It is recommended that the City Council consider providing direction to staff regarding any further action related to this topic Background: I received the e -mail below from Councilmember Roche requesting that this item be placed on the work session agenda. I am sure Councilmember Roche will be prepared to elaborate on his request. From: Tim Roche • Sent: Saturday, June 18, 20119:20 PM To: Curt Boganey Subject: FW: Firehouse Park: Work Session Item Request Hi Curt, Thank you for your response. It is helpful. In the end, something has got to give with Firehouse Park. We do not seem to be on the right track at this time; for so many reasons. To tell you the truth, I've been too passive about things I've seen at this park. There may be opportunity to partner with BC Junior /Senior High and I would like to explore that in the manner we partnered with them to get the gym /annex that we will share. The tennis courts are so underused these days and an obvious choice if the school district is willing to partner with us. Has our CARS department or Park Commission ever looked into this? If not, here is a possibility where Council may help if we find it worthwhile. I request Firehouse Park be on our next work session agenda. Any input by our Park Commission or CARS department would be greatly appreciated. We know the problem, let's work together to find a solution. Warm Regards, Tim R. • Mission: Ensuring an attractive, clean, safe conintuiritp that enhances the quality c f hfe acid preserves the public trust MEMORANDUM - COUNCIL WORK SESSION Policy Issues: • Council Goals: Strategic: 1. We will stabilize and improve residential neighborhoods • Mission: Fnsuring an attractive, clean, safe conmzunity that enhances the quality' of ife and preserves the public trust