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HomeMy WebLinkAbout2017-02 11-23 APAFFIDAVIT OF PUBLICATION STATE OF MINNESOTA )ss COUNTY OF HENNEPIN Darlene MacPherson being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspa- per(s) known as: SP Brooklyn Ctr/Brooklyn Park with the known office of issue being located in the county of: HENNEPIN with additional circulation in the counties of: HENNEPIN and has full knowledge of the facts stated below: (A)The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B)This Public Notice was printed and pub- lished in said newspaper(s) once each week, for I successive week(s); the first insertion being on 11/23/2017 and the last insertion being on 11/23/2017. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: 0 , V\ 0. C ff Designated Agent Subscribed and sworn to or affirmed before me on 11/23/2017 by Darlene MacPherson. Notary Public Notary Public Mjnnesofa My Commission Expires Jan 3, 2021 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: 846.90 per column inch Ad ID 756430 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will beheld on the 11th day of December, 2017, at 7:00 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance related to filming activities and commercial photography. Auxiliary aids for handicapped persona are available upon request at least 96 hours in advance. Please notify the City Clerk at 763-569-3306 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY CODE OF ORDINANCES REGARDING FILMING AC- TIVITIES AND COMMERCIAL PHOTOGRAPHY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Article I. Brooklyn Center City Code, Chapter 23 is amended to add new Sections 23-2500 through 23-2511 as follows: FILMING ACTIVITIES AND COMMERCIAL PHOTOGRAPHY Section 23-2500. PURPOSE AND OBJECTIVES. The purpose of Sec- tions 23-2500 through 23-2511 is to establish standards to orotect the boalib, safety and oeneral welfare of the public, including the safeguard- ing of public resources, from the undesirable effects associated with film- lnqactivities and commercial photography. Section 23-2501. DEFINITIONS. For purposes of Sections 23-2500 through 23-2511, the following terms shall have the meanings given them in this Section. A."City manager" The city manager of the city, or its designee. B."Commercial photography" - All activities associated with the pro- duction of still photography for which a fee is charged for the use, repro- duction or showing of the product of said photography. C. "Filming activities" - The commercial filming of a feature film, televi- sion or internet video, documentary, music video, television commercial, or other video advertisement, whether on film, video, or digital media, and all activities associated therewith, including the erection or placement of film sets, film trailers or campers, lighting, or other filming related struc- tures, equipment or personnel. Q. Permit" —A permit issued to engage in filming activities, commercial gbotpgrapft or both, as required by Section 23-2502. Section 23-2502. PERMIT REQUIRED: EXCEPTION. Subdivision 1, Unless exempt by this Section, it is unlawful for any person to conduct, establish, or engage in filming activities or commercial qbofoaraphv within a nublic right-of-way or on any city-owned property without first obtaining a permit from the_city, Subdivision 2. A permit is not required for commercial photography which does not: A., spire the use or expenditure of any city resources: B.Inhibit the free flow of lawful traffic and pedestrians on any public right-of-way; C.Cause an damage to city-owned facilities or property: and D. Otherwise endanger the health or safety of the general public shall be exempt from this permit requirement. S ection 23-2503. CONTENTS OF APPLICATION. Any person desiring apwrmit shall make application on a form provided by the city managg Ibawonlicant shall set forth: A.The proiectjpe,, B.The applicant's name, telephone number, email address, and mail- ing address; Opbotocopy of the applicant's valid photo ID; D.The name and contact information of the producer lit the applicantis not the producer); E.The dates, times and locations of the activities for which a permit is being requested, and a general description of the filming activities and commercial photography that will take place at each location F.Whether or not artificial lighting will be used: G.A description of any special effects that will be used: H. A description of all equipment that will be used; 1. A description of proposed parking areas, requested street and side- walk closures, and outdoor staging areas J.A description of the proposed use of city facilities. eguipmeitar'idndpersonnek K.An estimate of personnel and equipment needed for crowd control, ecurity. traffic control and other public safety measures; L. A certified traffic control plan if public roads or sidewalks will lobstructed; and M, A description of any special concerns that the applicant orpro d uc -er wants the city to be aware of. Section 23-2504. FEES; ADDITIONAL COSTS. The fee for a permit baiLbe in the amount set forth in the city's fee schedule. The applicant shall also pay all of the city's costs and expenses incurred in connection with the permitted activities including, but not be limited to, rental of city- owned property, actual costs for city staff time or city equipment, and re- pair of any damage to public rights-of-way or other publicly-owned prop- 5ased upon the information contained in the permit application, the applicant shall deposit with the city clerk a prepaid estimate of the city's QQ3t3 and exgnses, as determined by the city manager. At the conclu- sion of the permitted activities, any of the city's costs below or in excess of the estimate will be either refunded by the city or paid by the applicant, as the case may be. A portion of the fees may be waived by the City for Brooklyn Center students involved in filming or ohotograohy projects. Section 23-2505. GENERAL REQUIREMENTS. The city manager will not issue a permit unless it is determined that: ,_The filming activities or commercial photography will not endanger Ibs public jhealth. safety, morals or gen e ral welfare; , The filming gLctivities or commercial photo gmpby will notcauss,,pn- due traffic hazards congestion or parking shortages in the cJfy exceed the capacity of the City to provide the requested services or inter- rupts the ability of the City to provide its routine services. D. The filming activities or commercial photography will not result in damage to parks, streets, rights-of-way, or any other property not be- longing to the applicant: F. No filming activities and commercial photography permit has been recently issued for a location within 300 feet of the location described in the application. The city manager may waive this requirement if it is determined that the purpose and oblectives of Sections 23-2500 through 23-2511 will be furthered by the issuance of a new permit, though may require that the applicant submit evidence demonstrating that properties located in the vicinity of the location proposed will not be adversely af- fected by the issuance of a new permit; and F All other requirements of Sections 23-2500 through 23-2511 are met. Section 23-2506. CONDITIONS AND RESTRICTIONS OF PERMIT. The city manager may impose conditions and restrictions upon the per- mit holder, as deemed necessary for the protection 01 the public interest and properties and to ensure compliance with the requirements of the city code. Said conditions and restrictions may include, but shall not be limited to, the following; A.Submitting evidence that a notice describing the proposed filming activities and commercial photography, including the proposed dates thereof, has been mailed to all affected property owners. If so required, the notir,e shall be mailed following the issuance of the permit but not less than five days prior to the date of permitted activities; B.Contacting the Brooklyn Center Police Department to discuss safe- ty and security measures; C.Employing its own security personnel; D.Using only designated streets and parking areas; E. Promptly restoring all public property, streets, sidewalks and rights- of-way to at least their original condition; F, Promptly undertaking and completing all filming and misted activi- ties within permitted timelines; and G. Any other conditions or restrictions deemed necessary to further the intent of Sections 23-2500 through 23-2511. Section 23-2507. REVIEW PROCESS: APPEAL Applications for per- mits shall be reviewed and either approved or denied by the city manager. An applicant aggrieved by the city manager's decision may appeal to the pjfy council. Written notice of the appeal must be given to the city man- ager within 10 days of the city manager's decision and must summarize the applicant's reasons for appealing. The council shall consider the ap- peal at the next regularly, scheduled city council meeting on or after 10 days from service of the notice of appeal to the city manager. 23-2508. INSURANCE; INDEMNITY. The city manager may require that the applicant file a public liability insurance certificate, issued by an insurance company authorized to do business in the State of Minnesota. The policy shall insure the applicant and name the city as an additional insured in the sum of not less than $300,000. Certain elements or activ- ities may require greater coverage, if determined necessary by the city manager. The city manager may also require that the applicant sign an indaninification agreement, indemnifying the city and holding it harmless from any loss, cost, damage and expense arising out of the use of any premises for filming activities or commercial photography. 23-2509. SECURITY. The city manager may require that the applicant post financial security in the form of a surety bond or other form accept- able to the city as acondition to the issuance of a permit. If so recruired, the applicant shall file with the city clerk the required security in the amount and form required by the city manager. Ifs letter of credit is used to provide the security, it shall be irrevocable and unconditional, issued by a federally insured bank, and shall otherwise be on terms approved by the city manager. The security shall be conditioned on compliance by the applicant with the city code, payment to the city of all fees, expenses, fines and penalties required by state or local law, and payment to the city of any damages the city may sustain by reason of the permitted activities. 23-2510. TRAFFIC CONTROL PLAN; STREET CLOSURES. A.A full street closure will not be permitted unless the application or change request is submitted at least five business days prior to the do - Sure. The applicant may further be subject to a $500 per street closed. B.Applicants shall furnish and install advance warning signs as re- quested by the city and in conformance with any requirements imposed by the Minnesota Department of Transportation (MNDOT). All appropriate safety precautions shall be taken by the applicant. 23-2511, SUSPENSION OR REVOCATION. The city manager may suspend or revoke a permit it the permittee fails to: A.Comply with the requirements of these Sections 23-2501 through 23-2511: B.Comply with any condition placed on the permit; C.Provide security in the required amount and form; or D.Conduct the filming activities or commercial photography in a way that does not endanger the public health, safety, morals or general wel- fare. Article II. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of ,2017. Mayor ATTEST: City Clerk Date of Publication Effective Date (Stnkeottt indicates matter to be deleted, double underline indicates new matter.) Published in the Brooklyn Center Sun Post November 23, 2017 756430