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1993 12-06 CCP Regular Session
CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER DECEMBER 6, 1993 7 p.m. 1. Call to Order 2. Roll Call 3. Opening Ceremonies 4. Open Forum 5. Council Report 6. Approval of Agenda and Consent Agenda -All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. 7. Approval of Minutes: a. November 15, 1993 - Work Session S. Presentation: a. County Commissioner Mike Opat 9. Mayoral Appointments: a. Financial Commission b. Housing Commission c. Human Rights and Resources Commission d. Park and Recreation Commission e. Planning Commission f. Ad Hoc Communications Task Force 10. Public Hearing: (7 p.m.) a. On Proposed Issuance of Revenue Bonds to Finance a Program Under Minnesota Statutes Chapter 462C for the Acquisition and Rehabilitation of a Multifamily Housing Development 1. Resolution Authorizing the Financing of a Housing Program under Minnesota Statutes, Chapter 462C, Authorizing the Issuance of Multifamily Housing Revenue Bonds (The Ponds Family Housing Project), Series 1993, in the Aggregate Principal Amount Not to Exceed $5,440,000 to Finance the Program, Approving and Authorizing the Execution of Various Documents in Connection Therewith CITY COUNCIL AGENDA -2- December 6, 1993 11. Planning Commission Item: a. Planning Commission Application No. 93015 submitted by the City of Brooklyn Center. Requests to rezone from C2 (Commerce) and R5 (Multiple Family Residence) to C1 (Service /Office) three parcels of land located at the S. E. Quadrant of T.H. 252 and 66th Avenue North. This application was recommended for approval by the Planning Commission at its November 18, 1993, meeting. 1. Resolution Amending City Council Resolution No. 82 -255 (Comprehensive Plan) Relative to Certain Land Located at the Southeast Quadrant of T.H. 252 and 66th Avenue North 2. Resolution Regarding the Disposition of Planning Commission Application No. 93015 submitted by the City of Brooklyn Center 3. An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land 12. Ordinance: (7:15 p.m.) a. An Ordinance Vacating a Drainage and Utility Easement in Tract E, Registered Land Survey No. 546 (The vacation of this easement is in conjunction with the relocation of public utilities at Omni Tool, 3500 48th Avenue North) -This ordinance was first read on November 8, 1993, published in the City's official newspaper on November 17, 1993 and is offered this evening for a public hearing and second reading. Staff is recommending that the Council conduct the public hearing and second reading, but table actual adoption of the ordinance until evidence of the new easement is submitted and approved by the City. b. An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land -This ordinance was first read on November 8, 1993, published in the City's official newspaper on November 17, 1993, and is offered this evening for a public hearing and second reading. Lots 1 and 2, Block 6, Wangstad's Brooklyn Terrace Addition (Brookdale Chrysler). 13. Discussion Items: a. City Council Work Session and Meeting Schedule for 1994 b. Tobacco Related Products Point -of -Sale Advertising and Posting of Signs to Warn Pregnant Women of the Effects of Alcohol Consumption and Tobacco Use 1. An Ordinance Amending Chapter 23 of the City Ordinances Regarding Tobacco Related Products CITY COUNCIL AGENDA -3- December 6, 1993 2. An Ordinance Amending Chapter 11 of the City Ordinances Regarding Liquor Licensing; Requiring the Posting of Signs to Warn Pregnant Women of the Effects of Alcohol Consumption 14. Resolutions: * a. Designating the Shingle Creek Watershed Commission as the Local Government Unit (LGU) for Wetland Alterations as Required by the Wetland Conservation Act of 1991 * b. Designating the West Mississippi Watershed Commission as the Local Government Unit (LGU) for Wetland Alterations as Required by the Wetland Conservation Act of 1991 * c. Expressing Recognition and Appreciation for the Public Service of Organizations Participating in Brooklyn Center's Adopt -A -Park, Adopt -A- Trail, and Adopt -A- Street Programs * d. Acknowledging Gift from the Lions Club of Brooklyn Center * e. Expressing Recognition and Appreciation of Fuad Reveiz for His Assistance and Dedication to Community Service with the Brooklyn Center Police Department * 15. Consideration of Specified License: a. Approving Transfer of Class B and Sunday On -sale Intoxicating Liquor License from Chi -Chi's Midwest, Inc., DBA Chi -Chi's Mexican Restaurante to Chi -Chi's USA, Inc., DBA Chi -Chi's Mexican Restaurante * 16. Licenses 17. Adjournment EXECUTIVE SESSION OF CITY COUNCIL TO DISCUSS CURRENT LITIGATION WITH CITY ATTORNEY. CITY OF BROOKLYN CENTER Council Meeting Date December 6, 1993 Agcn& Item Number - 7 REQUEST FOR COUNCIL CONSIDERATION ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: CITY COUNCIL MINUTES - NOVEMBER 15, 1993 - WORK SESSION DEPT. APPROVAL: Sharon Knutson, Deputy City Clerk MANAGER'S REVIEW/RECONMENDATION: J�.�C�L•? ,� "' �€: ' No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) RECOMMENDED CITY COUNCIL ACTION i MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY F BR O OQKLYN CENTER !N THE C OUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL WORT{ SESSION NOVEMBER 15, 1993 CITY HALL CALL TO ORDER The Brooklyn Center City Council met for a special work session and was called to order by Mayor Todd Paulson at 7:07 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Dave Rosene, Barb Kalligher, and Kristen Mann. Councilmember Celia Scott was excused from tonight's meeting. Also present were City Manager Gcrald Splinter, Finance Director Charlie Hanscn Director of Community tY Development Brad Hoffman, General Manager of the Earle Brown Heritage Center Judith Ber eland representatives fr m Mar ue o tte Partners Steven Shed and Klan and g a James Marquette Council Secretary Kathy Kath Stratton. Councilmember Mann requested clarification on the date for the Northeast Willow Lane neighborhood meeting which is tentatively scheduled for Decombcr 2nd, asked about the procedure for contacting students regarding their input for City activities, and requested at the end of the mccting to discuss the progress on the Humboldt Avenue proposed improvements. EARLE BROWN HERITAGE CENTER OPERATIONS AND MARKETING REVIEW S TUDY The Director of Community Development introduced Steve Sherf and Jim Klas from Marquette Partners and explained they had conducted an operations and marketing review of the Earle Brown Heritage Center. Mr. Sherf gave a summary of the findings in the detailed report handed out to each Councilmember. He gave conclusions and recommendations regarding Thu Inn, The Convention Center, and the Office Space as listed in the report and then offered to answer any questions. He explained in light of the Council's goal to have the Earle Brown Heritage Center at least break even financially and hopefully become a money maker for the City, emphasis should be placed on building revenue rather than reducing expenses with some changes in the marketing of the facility. 11/15/93 - 1 - Because the facility is currently only 50% utilized, Councilmember Kalligher asked if corporate business is the number one area to target in marketing. Mr. Sherf said that is where the main focus should go with marketing funds diverted from The Inn to the Convention Center, using word -of- -mouth as the most effective advertising, and using more of a direct sales approach as well as working on hosting several events that will bring in repeat business. He also commented a restaurant would be a good addition to bring in more people. In response to Councilmember Kaliigher's question about the cost of changing the advertising focus, Mr. Sherf said a lot could be done for little cost, such as improving the signs about the Heritage Center on I -594, Mr. Sherf also commented since the catering and facility are operating as two separate entities, care should be taken to make it seem like one entity wherever possible, The City Manager agreed and explained that has been a problem that's already been noted and steps are being taken to correct it. Mayor Paulson asked the representatives from Marquette Partners if they had data on cost comparisons they made with other facilities. The reply from Mr. Shcrf was they had called various facilities with the premise of holding a 75 person function and then compared prices, but they hadn't included that information in the report. Mr. Sherf said he would he happy to put such information together and provide it for the Councilmembers. There was discussion regarding the operation of the Center more on the basis of a business • rather than a yearly budget item so that there could be a quicker time to review and irrake changes based on performance of the various parts of the operation of the Center. The Council agreed quarterly reports rather than yearly would be helpful. The City Manager explained at the current rate of growth in revenue, the Center is on schedule to be profitable in five years, which was the original goal of the Couricil. Councilmember Kalligher asked what could be done if in the near future the Center is not profitable and inquired if the Center could be sold by the City. The Finance Director explained because of the bond issue the Center could not be sold. Mr. Sherf commented convention centers take time to build up their clientele and encouraged the Council the Earle 13rown Center is young and has got much room to ,row. He also explained it is quite common for convention centers to need subsidizing. Councilmember Rosene commented he truly wants the Earle Brown Center to succeed, but if it does not the City cannot ask taxpayers to subsidize it and therefore chungcs must he made at that paint He also suggested the City could be charged when it uses the facility as another way to increase rc.vemre. 11/15/93 -2- Mayor Paulson explained there is no policy at this time on how City personnel and community members can use the Heritage Center, but there was a consensus that such a policy is needed. There was a recess called at 8:30 p.m. and the Council reconvened at 8:45 p.m. GENERAL DISCUSSION Evan though this topic was not on the agenda, the City Manager asked Councilmembers their feelings on the snowplowing policy which has been amended but does not take affect until January. He said he would report to them whether there was a surplus in the fund by Monday. Councilmember Kalligher asked what time other Councilmembers had received their packets as hers had arrived very late, The City Manager said he would check into who is delivering them and see if there should be a change in the current procedure. EDA BUDGET The Director of Community Development gave a report on the Economic Development Authority Special Operating Fund 1994 Proposed Budget including explanation of increases and decreases from previous years, He explained his recommendation the $30,000 budgeted for the Rental -to -Owner plan be discontinued. He answered several questions from Councilmembers regarding what was referred to by certain budget items and why certain amounts were requested. In response to Councilmember Kalligher's comment that budget item 4413 on page b for dues and subscriptions seemed high, the City Manager said he would inform the Council exactly where those funds were going. Mayor Paulson asked what item 4411 was used and the Director of Community Dcvclup cxplt inud tli�, NARQ a EDAM confCrcnce3 and a professional certification program through the National Development Council for both the Director of Community Development and the Community Development Specialist. Mayor Paulson suggested the $30,000 to be re diverted from the Rental - to - Owner program be used for scattered site rc development. Councilmember Rosene suggested working with Habitat for Humanity on rehabilitation of properties. The City Manager explained current housing projects and the Director of C;nmmunity Development said technical colleges and landscaping schools could be enlisted for help in rehabilitation, 11/15/93 .3- TRUTH IN TAXATION NOTICE The City Manager reviewed a memorandum from tht; City Assessor regarding Truth in Taxation Notices to be mailed in Hennepin County and explained the increases in rates as compared to increases in other cities. Mayor Paulson asked why Brooklyn Center's percent increase is so high, and learned it is due to the addition of two police officers and an added dispatcher. Councilmember Kalligher said she'd like to see both new officers start in January, and the City Manager said that was up to the Council, Mayor Paulson asked the City Manager if he could find a way to cut $200,000 out of the budget so there would be zero increase in the operating budget. The City Manager responded he would try to talk to all the department heads and provide possible suggestions for cuts, and Councilmember Kalligher asked if he could do so by November 29. He also explained December 20 is the last possible day on the schedule of meetings for finalizing the budget. The Finance Director commented it would be unlikely to find places to cut that much money without cutting jobs. Councilmember Mann expressed concern residents seem to think there has already been a recommendation made and proposed action taken regarding Humboldt Avenue. She asked for clarification on the progress of the issue, The City Manager explained the Building Block procedure is in process and nothing will be done about the problem until 1994. ADJOURNMENT The meeting was adjourned at 10:30 p.m, Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Kathy Stratton TimuSaver Off Sitc Socrctarial 11/15/93 -4. CITY OF BROOKLYN CENTER Council Meeting Date 12/6/93 Agenda Item Numbe .�J REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: PRESENTATION BY COUNTY COMMISSIONER MIKE OPAT DEPT. APPROVAL: Gerald G. Splinter, City Manager MANAGER'S REVIEW/RECOnCMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) County Commissioner Mike Opat will address the city council and discuss the new Hennepin County policy for highway cost participation. RECOMMENDED CITY COUNCIL ACTION CITY OF BROOKLYN CENTER coameil Meeting Date 12/6/93 Agenda Item Number 4 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: MAYORAL APPOINTMENTS DEPT. APPROVAL: Gerald G. Splinter, City Manag MANAGER'S REVIEW/RECONEMWNDATION: No comments to supplement this report Comments below /attached SUIVIrVIARY EXPLANATION: (supplemental sheets attached X ) At its October 25, 1993, meeting, the City Council requested staff to prepare and announce in the local newspapers and on cable television a notice encouraging residents to apply for all advisory commissions. Such notice was published in both the Brooklyn Center Sun -Post and Northwest News (see attached) and ran on Cable Channel 37 from October 28, 1993, to November 26, 1993. • Persons who had previously applied for an advisory commission were notified of the open appointment process for the advisory commissions (see attached letter dated October 27, 1993). The following persons have applied /reapplied for advisory commissions: ANY COMMISSION OR TASK FORCE William Alexander, 5408 71st Circle North FINANCIAL COMMISSION - 3 terms expire 12/31/93 Present Members: Donn Escher, reapplied by letter Ulyssess Boyd, reapplied by informing staff liaison of continued interest Ron Christensen, reapplied by informing staff liaison of continued interest New Applicants. Lee Anderson, 5344 North Lilac Drive Robert Tombers, 5310 France Avenue North Phillip Gray, 6919 Regent Avenue North HOUSING COMMISSION - 2 vacancies, 1 term expires 12/31/93 Present Member.• John Kalligher, reapplied by informing staff liaison of continued interest New Applicants. • Keith Tuttle, 5827 Drew Avenue North Vince Opat, 6012 York Avenue North HUMAN RIGHTS AND RESOURCES COMMISSION - 3 terms expire 12/31/93 NOTE: Commissioner Kate Windsor submitted a resignation letter on November 20, 1993; therefore, one vacancy exists on this commission. An announcement of this opening will be published in the local newspapers. It will also appear on cable television and be posted in City Hall and Community Center for thirty days. This appointment is scheduled for the second City Council meeting in January. Present Members. Trayce Olsen, reapplied by informing staff liaison of continued interest Sharon Achtelik - reapplied by informing staff liaison of continued interest Julie Eoloff - reapplied by informing staff liaison of continued interest PARK AND RECREATION COMMISSION - 2 terms expire 12/31/93 Present Members. Bud Sorenson, reapplied by informing staff liaison of continued interest John Russell, reapplied by application New Applicants: Kay Lasman, 4407 Woodbine Lane Noah Bridges, 6712 Emerson Avenue North PLANNING COMMISSION - 3 terms expire 12/31/93 Present Members: Bertil Johnson, reapplied by informing staff liaison of continued interest Ellamae Sander, reapplied by application • Mark Holmes, reapplied by application New Applicants. Richard Campbell, 4521 Kathrene Drive Donald Booth, 5824 James Avenue North COMMUNICATIONS AD HOC TASK FORCE - 3 vacancies NOTE: Linda Smith of Brookdale Center and Human Rights and Resources Commissioner Sharon Achtelik have expressed interest to the staff liaison in serving on this task force. Julie Doth, Executive Director, North Metro Convention & Tourism Bureau William Alexander, 5408 71st Circle North Dawn Sommers, 5315 Lyndale Avenue North According to Subdivision 6 of the resolution defining duties and responsibilities of the advisory commissions: "Due regard shall be given by the Mayor and City Council in appointing Commission members which will take into consideration geographical distribution within the City, as described in Subdivision 11, and the representative nature of the Commission in terms of gender, religion, ethnic, racial, age, handicapped, employee, and employer groups" and "The Mayor shall present at a regular City Council meeting the nominee for Commission appointment who has submitted the required application form. By unanimous vote, the City Council may approve an appointment at the City Council meeting at which the nominee was presented, or, by majority vote, the City Council may approve an appointment at a regular City Council meeting following the presentation of the nominee." Also attached for your convenience is a map for each advisory commission indicating geographical • location of current members and applicants and a roster of those who are presently members. RECOMMENDED CITY COUNCIL ACTION Appoint persons to commissions as follows: Financial - 3 members with terms to expire 12/31/96 Housing - 3 members with terms to expire 12/31/96 Human Rights and Resources - 3 members with terms to expire 12/31/96 Park and Recreation - 2 members with terms to expire 12/31/96 Planning - 3 members with terms to expire 12/31/95 Communications Ad Hoc Task Force - 3 members, no terms • Ap p lication For OF CITY � B ROOKLYN A pp ointment t CENTER Advisory - S69-330 Commission 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430 .......... ..... . 17 7r use oral ►..:.... �� Xecelveel > :: > :. :> ::.: ..: ....... (PLEASE PRINT) COMMISSION YOU ARE APPLYING FOR: �} }/ o �✓� ✓� l E�� 1 e �t� �� n 1 X1 f r ` �, ' :I'E R A :::::::::::.:::::::::. N Last Name First Name Middle Name Date of Application I I et Address ,c Apt. No. Date Available City, State, Zip Home Phone How many years have you lived in Brooklyn Center? Work Phone s " 70 S i Occupation Employer May we call at work? 4 -7' -7 ' (Yes ❑ No How many years of school have you had? (circle ate) 1 2 3 4 5 6 7 8 9 10 11 12 13 C4 15 16 17 1 1 V ...... U NTER E _ XPL2 E :: 1 NCB . ........: . List relevant volunteer jvork expenerice aPpkcable to appoazztment'to llis commassror, "' VOLUNTEER ACTIVITY WORK PERFORMED No. From To Hrs /Month Month /Yr Month /Yr i 'OFFS SI CJII D�SI TONS .... Lzsl teLevan� eurrenl ro cen essaanat;rembersha s >. ::...:: ..:.::::.;;::.:.........::... P . f .:::.:.: r . trahon ar� iases`:' > >::: cable; ....... :: ::::: » >::::: o. U oanttnenl to Ila .......:;:,: _ :....:.::..>:::::::;::::;:::::>;:.aPP as.co�nma$s orr.:....._::.<.;;;::;..;.::.; _ .......... ...................::::::::::. ........ ......_.....::................: P . .............._ ::::::.::....:.. ....................... .......:::.:.............................. ............._.........:....... rssued :.... I, I CR IIAfi I}lT . Describe any additional education, experience, or skills which qualify you for appointment to this commission. Include remarks concerning your ideas or observations on the role of this commission. AdML I have read the Enabling Resolutions which define the purpose, authority, and responsibility of this advisory commission. Yes ❑ No omments: i' i I have received and read the City of Brooklyn Center's business ethics policy. A Yes ❑ No i I wish to disclose the following potential conflicts of interest t ha t T or , ��tt arise if I � ^^ - y .,.,..omc a ircmber of This advisory j commission. f Are you aware of the importance of regular commission meeting attendance, and do you feel you have the time available to be an ' active participant? Yes ❑ No Comments: I i M'ORT T FACTSO SOU TONG C0 NC am innesota law requires that you be informed of the purposes and intended uses of the information you provide to the City of Brooklyn Center during the application process. Any information about yourself that you provide to the City of Brooklyn Center during the application process will be used to identify you as an applicant; to distinguish you from all other applicants; to enable us to contact you when additional information is required; send you notices; and to assess your qualifications for appointment to a City advisory commission. If you wish to be considered for appointment, you are required to provide the information requested in this application. If you refuse to supply information requested by the City, it may mean that your application will not be considered. You are hereby advised that, under Minnesota law, the information contained in this application about you must be made available to any member of the public who requests it. Materials submitted in support of an application are normally not returned. You should not submit an original document if it is your only copy. I authorize investigation of all statements contained in this application for appointment as may be necessary to arrive at an appointment decision. I certify that all answers to the above questions are 10 rue and understand that any false information on or omission of information from this application will be cause for rejection of this application or termination from a commission without notice. APPLICANT'S SIGNATURE DATE i SUBMIT APPLICATION TO: City Clerk City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 RECEIVED O�� Q 4 044 November 2, 1993 Mr. Todd Paulson, Mayor City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mayor Paulson: I am in receipt of a letter dated October 29, 1993 from MS Sharon Knutson, Administrative Assistant /Deputy City Clerk for the City of Brooklyn Center in which she informs me that my term on the Brooklyn Center Finance Commission expires on December 31, 1993. The letter instructs me to either inform you orally or in writing of my desire to continue serving on the Financial Commission. The purpose of this letter is to officially notify you of my interest to continue serving on the Finance Commission if it meets with your and the Council's approval. I have enjoyed serving the city on both the Finance Task Force and the Finance Commission. There are continuing items on the agenda with which I am familiar and am in a position to address if reappointed to the Commission. Your approval of my reappointment would be greatly appreciated. Sincerely, Donn H. Escher, Chair BC Finance Commission 3107 -65th Avenue North Brooklyn Center, MN 55429 Tel: 561 -4533 cc: Sharon Knutson Ap For GTY $ ROOKLYN Appointment to CENTER Advisor 569 -3300 Commission 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430 ...........: .......:.::::: ::: :::::::.::::::::::::.: :::::. _...... Ctf :;:1lse;:0al ... _.... Dafe<Xecei ed :>:>:»::><:><:::::.:::.:»;; :.............. .........:.....:..;:.;:;:.:;.;: (PLEASE PRINT COMMISSION YOU ARE APPLYING FOR: r, ,,' r d C' jgL —J :. R S ON L -I` . ........ Last Name First Name Middle Name Date of Application t et Address Apt. No. Date Available City, State, Zip Home Phone 75 t ? How many years have you lived in Brooklyn Center? Work Phone 7 ( 12 ) L�"a � " /7J h Occupation _ Employer �, 1 May we call at-work? `n! z;r� �h✓ , p Yes ❑ No How many years of school have you had? (circle one) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 161 17 18 19 OL >: << <} NR ENC reluanf volunteer...::vark:.;ex .enettce:.a P.... PF..hcable to a : otit neiat.lo. hzs.. cam, massrort ; >: >: ;::<;:"; >":: >::. P:::... VOLUNTEER ACTIVITY WORK PERFORMED No. From To Hrs /Month Month /Yr Month /Yr /t TI; / y� ��.� /i. /3r �G'S �' TICi^ l <.- ✓ �� t : r . �fC� /tGi /�rsr /�Cl'i, vN in��f it - %� wn3,l".'�� f�'u l` ! ✓�Lr, t' C.LL�< / y i � Y �. p ✓ 7r;5 r�q r ,71 �c ✓rig, � r ^ 1 c( _ � � �� .. R �► `E SLC}N Il DER ..... N.- TI NS:::::::::::::::::::::: :: :. : . . : : : : : : : : : : : ....:................... n..current. ..m. .essaanat:.rrtember ha s >::rc tmhan :<:: :::;::::: :.: . ..................:..:....::... 1.... :::.: _. s .. �r�. iac�nses............... _.................:............ 'cable : .. to..a oantment.to:ahas: :.>::::<:>::::>::>:<:>::::::::>::::<:;:<:.; :.::::.:::::::::::.;.;:. ; : >::<.::::::;: >:::. >::;;::: >:: :....... ............. ...... ..:......... P:,.;:.;:.;::: :.:::.::::::::.. :PP.: :::::.:::. :.::::::.::.:::: >:>.:: >:::: >«: >:. >::: >::: nckide. aces is ::::>::;:.; :.........:.....:;.:<:.>:.::;::.>;:.;>:::.:.:;.::.; :.::.:.:::::.:::: >::::.:....... sued..........; :..:::.:.;::: ..::.:::.:.:......_:.......:.:: .. _......__.;. S50c PLC IF' �: :.. IAA INCR:IAfiI.'T Describe any additional education, experience, or skills which qualify you for appointment to this commission. Include remarks concerning your ideas or observations on the role of this commission. r � ��� � ��� j W %��? c�` e���� lee- o GrC'ce,�,,ir �.�n � m y ✓o %,n {mac � C�S��JC'� �� ��C �',5�t'��c �' /� ✓ / p 11 t/ P� OT e�D✓e //7�e/J� a��;��y .y Gtr wE�� ✓� ��`� i:� e4c���$�`� J C r7 C ��� /' � T ; v ( CG � � z u l •? i° ✓ J �� G� E u n G0/'"%n'fr�, o %7z c �y rI 1 5 ��e�✓�lG,n� @.�` 0 /6`5 /+� �� C� � %a "ate T c� ecf Aft C'CL �I� �, �,h c,ti p,f .,.P •c �c.� -'� F/Nr�, >. Z ld� ��/n �?��%r�� G�, /;� > tG,L �rPT� / - ls " /� t < - 4.�1� 1 have read the Enabling Resolutions which define the purpose, authority, and responsibility of this advisory commission. Yes ❑ No Comments: I have received and read the City of Brooklyn Center's business ethics policy. FJ Yes ❑ No I wish to disclose the following potential conflicts of interest that may or will arise if I become a member of this advisory commission. v Are you aware of the importance of regular commission meeting attendance, and do you feel you have the time available to be an active participant? . JS Yes ❑ No Comments: IMPt3TA►NT F FOUR YOIT TC} IOC... 'XX CC�IT�TIITG 'YOUR APPLIATIO Minnesota law requires that you be informed of the purposes and intended uses of the information you provide to the City of Brooklyn Center during the application process. Any information about yourself that you provide to the City of Brooklyn Center during the application process will be used to identify you as an applicant; to distinguish you from all other applicants; to enable us to contact you when additional information is required; send you notices; and to assess your qualifications for appointment to a City advisory commission. If you wish to be considered for appointment, you are required to provide the information requested in this application. If you refuse to supply information requested by the City, it may mean that your application will not be considered. You are hereby advised that, under Minnesota law, the information contained in this application about you must be made available to any member of the public who requests it. Materials submitted in support of an application are normally not returned. You should not submit an original document if it is your only copy. I authorize investigation of all statements contained in this application for appointment as may be necessary to arrive at an appointment decision. I certify that all answers to the above questions are true and understand that any false information on or omission of information from this application will be cause for rejection of this application or termination from a commission without notice. APPLICANT'S SIGNATURE DATE SUBMIT APPLICATION TO: City Clerk City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 0 Application For CITY 11 .jrBR00 A t CENTER Advisor 569 -3300 Commission 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430 i.' `ai : 'S::: .. •.:.:Cif flse.;'Qn :: i y (PLEASE PRINT) COMMISSION YOU ARE APPLYING FOR: PE _S(l L .. ... ::::::::::::::::::::: :.:: Last Name First Name t�G h � � r Middle Name Date of Application 1 !!,, } � Yj; et Address Apt. No. Date Available I �n c4r City, State, Zip N Home Phone How man ears have y ou lived in Brooklyn Center? Y Y Y y a �+ Work Phone Occupation Employer May we call at work? !° ' 1 ❑ Yes []No �. r How many years of school have you had? (circle one) 1 2 3 4 5 6 7 8 9 10 11 12 13 141 16 17 18 19 (% ::::: TEER E P WE` List relevant vvluriteer �v.ork ez etze�ice a' ricalil� to :a` o titrnerit..ta..tlias commassroti P PP . AP. ...: r VOLUNTEER ACTIVITY WORK PERFORMED No. From To Hrs /Month Month /Yr Month /Yr f; I 1 . RUFE SSI . :::.. .::. t�NAh D�>�I�I�ATIC�N ..: S t elev ..ant »::;:::::� current ro ess :oral member has .' _ P _ P..,t..... g�stmtaons ar: Zaeenses::::: : >::: »:::::>:.:;�: >...:.::.:::: >; li oa otn :; .. aP _.to,:: hrs: P............ ommi soon :::;;:.::;..<:;..«.: ;:..::::.:; ::..:.::::::::.:: >:.::.: >:..:: :::: :. PP .:::::.::::.::.: _::: ::::::.:_......... _....._.. ....:..::::::.......... ..........::: ::::::::::._: :'Incicr de dat es. rs :...:. dal' �.. sued ...:..:;:,: >::: >:::. ..... > <::;;::< <::<::<:; : ,: L'PIINTA INRIA�fiI �CJI .............. 0 Describe any additional education, experience, or skills which qualify you for appointment to this commission. Include remarks concerning your ideas or o bservations on the role o this commission. - f t ; t `V�.. l{ ,_ l ��i; t 'L- A- 41 ) A IA I + ' r , -i- ( .tevv,,� Sn�'7 J /`�Za�Jv� - ��'' ��"CC.�vt^'v,�4�j� -L'f �/�'YV� Z/�1'Y� /���/� � ��'`� -mi �/�L�:rYV'`Gi^�r1.� V,"�'�''\'� },�L,•Y� (���.) € � t Y� +�� !,T c�,� ry I have read the Enabling Resolutions which define the purpose, authority, and responsibility of this advisory commission. Yes ❑ No 6o mments: I have received and read the City of Brooklyn Center's business ethics policy. )< Yes ❑ No I wish to disclose the followinP notential conflicts of ; rest that may or ;x.11 arise if I become a member of this advisory commission. Are you aware of the importance of regular commission meeting attendance, and do you feel you have the time available to be an active participant? ;Lx�Yes ❑ No Comments: Im'C3�►TACfiS FOB►I :' 'RT :O T►N CNN OURPPLITI .... W T innesota law requires that you be informed of the purposes and intended uses of the information you provide to the City of Brooklyn Center during the application process. Any information about yourself that you provide to the City of Brooklyn Center during the application process will be used to identify you as an applicant; to distinguish you from all other applicants; to enable us to contact you when additional information is required; send you notices; and to assess your qualifications for appointment to a City advisory commission. If you wish to be considered for appointment, you are required to provide the information requested in this application. If you refuse to supply information requested by the City, it may mean that your application will not be considered. You are hereby advised that, under Minnesota law, the information contained in this application about you must be made available to any member of the public who requests it. Materials submitted in support of an application are normally not returned. You should not submit an original document if it is your only copy. I authorize investigation of all statements contained in this application for appointment as may be necessary to arrive at an appointment decision. I certify that all answers to the above questions are rue and understand that any false information on or omission of information from this application will be cause for rejection of this application or termination from a commission without notice. APPLICANT'S SIGNATURE DATE i SUBMIT APPLICATION TO: City Clerk City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 App F CITY B ROOKLYN LYN A n to C ENTER Adv 569 -3300 0 0 Commission 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430 (PLEASE PRIN?) COMMISSION YOU ARE APPLYING FOR: ::> >:>: :<:::: >:: <>::::. »:: >: >::<...... <:::: `:<::. >:<::. >:: >::: >:«:::.. <::::::: >:: >:<: >::<::<:::PER : ... , ::::..:....... .........................:.........:........................,:::::.::.:::::::.::::::::::..: :::::..:::::::::::::::::.::::: :....::.:::::::.:.:::::::.:.. :::::..:.::::.::.:::.::::.:..:: Last Name First Name Middle Name Date of Application et Address Apt. No. Date Available ! tnqtq he t Ayenot7 I r 1d- -C 3 City, State, Zip Home Phone r) Ceofew HN 155q (to a5 How many years have you lived in Brooklyn Center? tr Work Phone 1X- ((P 1 0"-) 945 - 6 1 "10 May we call at work? Occupation r, GnC +G 1�t✓�(E n id mployer � a fi � �� %n XYes ❑ No C� 1. i How many years of school have you had? (circle one) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 17 18 19 .. .....::':: `:< ::; ::is,:. re�e ant. volur t u eer...avork;ez etzence.a lacable t :a` erzt:ta th e ;` `:`::`::` . :` >::` `: P .. PP ,.::..c?: ppotnxin .:.:.::. as : .... root VOLUNTEER ACTIVITY WORK PERFORMED No. From To Hrs /Month Month /Yr Month /Yr (' �� L+, •1 v:.� ,1tti� t i re�vant'.current ro essaorrat:member has : ............ ......... _: _ cable >to <a oantment tv <this" as n ..................... ............................... .:. e. i ; Ct'_ v, es ft n an c a fA reas c - t vw Yvnew) Gt vi c e MN a nd P re , p--rfy 1 CaS()a I fy �1 N - c '-nfies Li censes Describe any additional education, experience, or skills which qualify you for appointment to this commission. Include remarks concerning your ideas or observations on the role of this commission. GG � n P11 pos .tfa it (4 Pi'J�1G�tia e—nfiai I5 Cr6rX al pk� n0, - )1) To` incl lck— .s. A , a DF avcokl &-A 1 am d� P-CH q( cFW Ivy the eff1eC l4'-4-* ©f Cl - 5 - 'CJtCes y and T -Fee I T- cry toe of �1CtP. I have read the Enabling Resolutions which define the purpose, authority, and responsibility of this advisory commission. iK Yes ❑ No Comments: I have received and read the City of Brooklyn Center's business ethics policy. t5eYes ❑ No i I wish to disclose the following potential conflicts of interest that may or will arise if I become a member of this advisory f commission. i Arc you aware of the importance of regular commission meeting attendance, and do you feel you have the time available to be an active participant? X Yes ❑ No Comments: IM�'C3R Al T A T O T NO Y N:NIN Y 0R A I.TI1 ::::::::::: Minnesota law requires that you be informed of the purposes and intended uses of the information you provide to the City of Brooklyn Center during the application process. Any information about yourself that you provide to the City of Brooklyn Center during the application process will be used to identify you as an applicant; to distinguish you from all other applicants; to enable us to contact you when additional information is required; send you notices; and to assess your qualifications for appointment to a City advisory commission. If you wish to be considered for appointment, you are required to provide the information requested in this application. If you refuse to supply information requested by the City, it may mean that your application will not be considered. You are hereby advised that, under Minnesota law, the information contained in this application about you must be made available to any member of the public who requests it. Materials submitted in support of an application are normally not returned. You should not submit an original document if it is your only copy. I authorize investigation of all statements contained in this application for appointment as may be necessary to arrive at an appointment decision. I certify that all answers to the above questions are true and understand that any false information on or omission of information from this application will be cause for rejection of this application or termination from a commission without notice. APPLIC S SIGNALTbRE DATE SUBMIT APPLICATION TO: City Clerk City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Application F CITY OF *:] rB OOKLYN Ap to 6 CENTER Advisor 569 -3300 Commission 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430 ..:. .. . :::::::..:.:.::::::..:. : •.::Cct ::alse:: >Drrl :: >.;: >::: >:::: »::» a :::::..:: .::::......................... ...........:::::::I) ate.: R. cecrerl;;:.>::>::>::::>::»::::::<:::>;::>::»:<:>:::::« :: ::::.::. (PLEASE PRINT) COMMISSION YOU ARE APPLYING FOR: 0 U—S :,: E so AL Last Name -�- ^� t First Name Middle Name Date 2ADDlication 1 t e-� t� 6W �' 1 1 �9'3 et Address Apt. No. Date j A ry v ' ai�ble S a E.t3 V '7 J e— t 1 d �' L City, State, Zip nn Home Phone l� r '\ (`��I S� a 9 (6,00 53S C� How many years have you lived in Brooklyn Center? Work Phone Occupation A 0 r f,1 (f, / _ r Employer l 1 ` }-� 1��� r }- e May we ca 11 No ll at work? How many years of school have you ha ?(circle one) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 6 17 18 19 .L!' T E �j :; Ltst relevanE luni eer work ex etze�rce: Itcable to >a oa�rtmeftt:<to thcs<cornm ; : . _ P PP PA assrajt VOLUNTEER ACTIVITY WORK PERFORMED No. From To Hrs /Month Month /Yr Month /Yr i (' - �nn 5 itcd ;. ROSLC�,T1 DEIGIATIfJNS jxj: vant::current: >;>;:.» ;:. >.:... > :::.............:.:.. pro essaonaL membersha ........ .... .::.::.::::.......:::: ppoMtment to this; commis o :::...:::::. >:< >:::.: :.:. - ::::; rte ............... (-e-IS el' V-# � l 3 re,c c( _tp, ) M b r t DcLae Ossoc -�.` C , S c-L o o ` ue M o rib fie. 6&,L h� L"PL�A ITCIIAfiI+C.I':;:_ ........... . Describe any additional education, experience, or skills which qualify you for appointment to this commission. Include remarks concerning your ideas or observations on the role of this commission. S C-v G,f ec,-r- i 0 r e. cal a c. L ro I have read the Enabling Resolutions which define the purpose, authority, and responsibility of this advisory commission. 5' Yes ❑ No �- Comments: )9,s c<— C l 1 Z�{� Gc7YL ce -r V% C cj � � �° cam--- �� n i-t-e l o Lx-S Cab CO VVA-V k-L s Ck-S CIL- cL) I have received and read the City of Brooklyn Center's business ethics policy. & Yes ❑ No I wish to disclose the following potential conflicts of interest that may or will arise if I become a memher of this ?dvicor.y ;..,, issi o n. V, ©W �. Are you aware of the importance of regular commission meeting attendance, and do you feel you have the time available to be an active participant? (Yes ❑ No Comments: CW�C 'CL cL�C�VA VVte-d E VI n G O MPOR: T�► T ' C AC TS 'l 3 O RNIN. LR G ' PPLIC ►.TION ► Minnesota law requires that you be informed of the purposes and intended uses of the information you provide to the City of Brooklyn Center during the application process. Any information about yourself that you provide to the City of Brooklyn Center during the application process will be used to identify you as an applicant; to distinguish you from all other applicants; to enable us to contact you when additional information is required; send you notices; and to assess your qualifications for appointment to a City advisory commission. If you wish to be considered for appointment, you are required to provide the information requested in this application. If you refuse to supply information requested by the City, it may mean that your application will not be considered. You are hereby advised that, under iviinnesota law, the information contained in this application about you must be made available to any member of the public who requests it. Materials submitted in support of an application are normally not returned. You should not submit an original document if it is your only copy. I authorize investigation of all statements contained in this application for appointment as may be necessary to arrive at an appointment decision. I certify that all answers to the above questions are *true and understand that any false information on or omission of information from this application will be cause for rejection of this application or termination from a commission without notice. Awwl Y, L U Lr APPI-tcAN SIGNATURE DA SUBMIT APPLICATION TO: City Clerk City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Ap for CITY OF 03 [ QOKLYN Appointment to CENTER Advisor 569 -3300 Commission 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430 • City use Only Rate Recear...... ` < ... ....::; `> » >> (PLEASE PRINK L CTM — YOU ARE APPLYING FOR: f�'ct5r�1 ti ��;n nlss�a,, PER :::::: :::::: :: .................. . so Last Name First Name 1 Middle Name Date of Application et Address ' Apt. No. Date Available City, State, Zip / y << Home Phone How many years have you lived in Brooklyn Center? t /. Work Phone 7 G / -L) 3 ? ,) -7 ? Occupation / // Employer �/ l y , May we call at work? in /Jlarz c' /�t�,i rTi�f / �7. f LSC Yes ❑ No How many years of school have you had? (circle one) 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 1S' 19 JC�`C1 T N EER 11 ::;:;..:: _ _EC :::.::.::::.::::::::::;.;; . ;;::;:; :; :> <;: >:: rele ant volume ::::.;,;::. >: ::... >< »::: >:::> :::. . .v....:... __ . er. work;;ex erzertce a ' lacahle tv.<a ti �a o tl ' `; o ..tone...: ...: us ammassiart::<: >>::::::::::>.:::: ><::. .> P PP PP . VOLUNTEER ACTIVITY WORK PERFORMED No. From To Hrs /Month Month /Yr Month /Yr PR(� - `SSIU�TAh DEIAfiI(N :..: Z.zst relevant ourrent pmfessaarrat memberships, rxgastrataons, ar Ixconses applicable to appointment to thzs comm�ssron I e dates rssued...;:: >::>:.: ... >:.:;::...,..;:.:; NTA Describe any additional education, experience, or skills which qualify you for appointment to this commission. Include remarks concerning your ideas or observations on the role of this commission. I have read the Enabling Resolutions which define the purpose, authority, and responsibility of this advisory ommission Yes 13 No P tY ry i Comments: i I have received and read the City of Brooklyn Center's business ethics policy. P(Yes ❑ No j i I I wish to disclose the following potential conflicts of interest that may or will arise if I become a member of this advisory ' commission. t Are you aware of the importance of regular commission meeting attendance, and do you feel you have the time available to be an active participant? Yes ❑ No Comments: / ""�� l�'�'i�G� ,��� !_�. ,G�L =� C.' �,�../�';tC.'..� {_�' /iG.�''r }v-s: G {.} �s1.'�- C..t' l�J ���f�.+�.� r %'ri4! �.;7+"✓lwf� ✓:ev� yI'l/�'.�LV /'< ,ryr'- i;`'✓T - 'Yi-�L'�1.� J t I .... T` T FACfiS FC? SOU TC KN NI�G A P�"LtI ATION Minnesota law requires that you be informed of the purposes and intended uses of the information you provide to the City of Brooklyn Center during the application process. Any information about yourself that you provide to the City of Brooklyn Center during the application process will be used to identify you as an applicant; to distinguish you from all other applicants; to enable us to contact you when additional information is required; send you notices; and to assess your qualifications for appointment to a City advisory commission. If you wish to be considered for appointment, you are required to provide the information requested in this application. If you refuse to supply information requested by the City, it may mean that your application will not be considered. You are hereby advised that, under Minnesota law, the information contained in this application about you must be made available to any member of the public who requests it. Materials submitted in support of an application are normally not returned. You should not submit an original document if it is your only copy. I authorize investigation of all statements contained in this application for appointment as may be ecessary to arrive at an appointment decision. I certify that all answers to the above questions are rue and understand that any false information on or omission of information from this application will be cause for rejection of this application or termination from a commission without notice. APPLICANT'S SIGNARfRE DATE SUBMIT APPLICATION TO: City Clerk City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 I 7 � L ..._.__.. ._ __ .._. I �'___._. .,.V' ._.'V._`.��r �!_�!•.L7�L�N' _ C !I'! -Q-� GL�. <�G CJ�Cri(�t'v"C. F � 5 ^' 'J � ,�L . -f��12� �"-n /l." �� ?Y�`1�3?�1�G.'�.��ry''� L�/ti5�[ � tiJ' yt� V III*- TIP CITY Application \ Fo r OF BROOKLYN Appointment t C ENTER Advisory 569 -3300 0 0 Commission 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430 City Ilse only ► Date Rececuecl > <r.:w:: ::'. ; ' » »:::; »s (PLEASE P luiv I COMMISSION YOU ARE APPLYING FOR: ' I �� 1� iC � � — 'P := j, � �' ✓� t f C7 hC L`; Z�" � i �� � ! 4� r� ......'.....- ::' ....:: ::`:>i :;;; .`Siiii: ;i %: %:::[`iiiiii:::::'::. : 3i :::asisisisi`` ?::>i; is i:i:i: ii: ii`;::i i:ii:i:::i;::::;:r:' :;: "ii ....:: is i: ` is .;:: ::: :>i::; ii+:i.'Si i %:i::;: <: i'<' <``i:i f i:::i:i ::::i i:::i: i'':.::) ?i........ 1 :i 3 E: ' : :: i; ;i::i.::; : i ; i 'i;i ; i > `.: ?i;i'i .;i ` ........:::Y La Name First Name Middle Name Date of Application 1 ` et Address Apt. No. Date Available City, State, Zip Home Phone How many years have you lived in Brooklyn Center? Work Phone Occupation Employer May we call at work? } - ❑ Yes ❑ No j r Ho many y ears of school have you ha ( ci r cle one) 1 2 34 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 i :::i:: %::: ?:::: ... .. . ....::....::..:::: :.:::..::::: :.:.::....::::..... LUN T E E SCE .:.. :...::.:...:::::.::.:..::.:..:. Last relevant Tolunteer;juork, ex etzeiic z -:: P e to appoattment to lhcs.commrsst..ai:::':: » ;::; VOLUNTEER ACTIVITY WORK PERFORMED No. From To I I Hrs/Month Month/Yr Month/Yr i i I f 'R CS SIl,h I Lzst rele current pro essaonal membershi r trahons : ar. iaeens vant - :: P x :. .r :: >:: >::: >::::; >: >::::::. : . lira e' .::. :.::.;;:;:::.:;:;;::.;. ; <:::;,; .::: >:.:. bl t a orntment..to:.ths:eo s ;::::<:::«::: > >:: »:::> :>>::>::>:<:>: ::: >: .........:..:::. . ..;:;:::;.;;;:;; ..::.::::...:.:;:.:............<;.:.>;: :.:::.aPP:.._..:.........:...:. p _..... _...._......::...: stun ,..........:...::.:_::::::::: ,......: .:.:::.:: ::....... P ..::::::::::::::::::::::::::::::::::::::::::::::..................:.::.:.::::.:.: :................. :::.:: :::.::: ::.:.......::..: tude.dates _ ;rssuea...::; >:::::::::::::>::>:>::>::::::;.:: >:: >;;:.: < >: »;::::.;::::.:::.:: :::<: t �7 fi� NAT` T T T Describe any additional education, experience, or skills which qualify you for appointment to this commission. Include remarks concerning your ideas or observations on the role of this commission. ����w � i��� z , + -� ,� !�[ 1 f' �:� i�i�. �- I�'` {:_ C°_� Ft'; CC9 E--c a`"t S � !E',�i /• — c�u. .J . c- I have read the Enabling Resolutions which define the purpose, authority, and responsibility of this advisory commission. ,z Yes ❑ No Comments: I have received and read the City of Brooklyn Center's business ethics policy. 21 Yes ❑ No I wish to disclose the following potential conflicts of interest that may or will arise if I become a member of this advisory commission. Are you aware of the importance of regular commission meeting attendance, and do you feel you have the time available to be an active participant? O Yes ❑ No Comments: t YM�'O'T�ACfiO SOU T(10 I ON OI R ......... .. 1I A` I N . ::: . innesota law requires that you be informed of the purposes and intended uses of the information you provide to the City of Brooklyn Center during the application process. Any information about yourself that you provide to the City of Brooklyn Center during the application process will be used to identify you as an applicant; to distinguish you from all other applicants; to enable us to contact you when additional information is required; send you notices; and to assess your qualifications for appointment to a City advisory commission. If you wish to be considered for appointment, you are required to provide the information requested in this application. If you refuse to supply information requested by the City, it may mean that your application will not be considered. You are hereby advised that, under Minnesota law, the information contained in this application about you must be made available to any member of the public who requests it. Materials submitted in support of an application are normally not returned. You should not submit an original document if it is your only copy. I authorize investigation of all statements contained in this application for appointment as may be 16 necessary to arrive at an appointment decision. I certify that all answers to the above questions are rue and understand that any false information on or omission of information from this application will be cause for rejection of this application or termination from a commission without notice. APPLICANTS SIGNATURE DATE SUBNHT APPLICATION TO: City Clerk City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Application For CITY :BR000K'LYN p to CENTER Advisor 569 -3300 Commission 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430 City Ilse Only?afe ReCet (PLEASE PRINn COMMISSION YOU ARE APPLYING FOR: >�/ Q C. v le cc /'j Co ::: Xx PAR : ........................... A11 ` ` : . Last Name First Name Middle Name Date of Application Lt S r"' cv -�j — y et Address Apt. No. Date Available 9 - ? City, State, Zip Home Phone How many years have you lived in Brooklyn Center? Work Phone (L ()') S / - � - 1 Occupation Employer May we call at work? �ck,, v - tov,Ce" 11 r -�- 'i `7 1 ? H ❑ No How many years of school have you had? (circle ate) 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 VO L .... . ..... : NTR EN PR:C Last relevant volunteer work expenence app�acable to appoarttrirettt to this cammassrora. VOLUNTEER ACTIVITY WORK PERFORMED No. From To Hrs /Month Month /Yr Month /Yr uir � Ycc r � r -PL �`S f) y . <� �� IMee {�- f ?`' Y tr C t."1 r C': i h. ro "'E 1t _ ' J ' � ` ✓� CC- �~��� � � 1 ,- IV r1�✓ �t MC�it,tJ 1 a�T 11,�,.�j � �fL` t� �S•A 1 J Iv L-� A � � �' t C �; �' L' � � 41 t� ti ,v c:� `t "-I P f AA'-A) 41'�� � rc Y r: +1 CJ C) X r 3 f� 1 1 >f�/ ..� :.: 1 CS SI C)`,I DIATCN ::::: .............. _. .. current:. ro e ssaanaL mem e ; . ...:. :::.ii..:...:�i ::.:.::.:::: .:::..:: i:::::::: ...... .. ., :y:::: :;. iii ^: •.. i:Jiiii; }ii:.i:'.:.i'i` :vi::4 �:::.:: i:.. ::.; ..:... :.: 4 / �Y J� 11�{ ble:to: a 0 :.....:::::::::.::.:::::::....::::::::................ :.aPP...........:::.::::::::.._ _ ... ..............:....:::..::..;s. omrna�ston.::......::::::::.:::::::::........... ...................::::.:::::.: :::::::::::.::::::........:::::::......................::...........:.................::::: PP.:::::::::::.::..:...:........................::::::::.::::.:::::.::_::.................. ...........:::::::.:::.::._:.:: _.::.:_............... - ate :: ii::>::»::>::»>::>::>;>: : >ii >:. >::::: >; >:::>:;: L'P11UI�TA INIAfiI+C�l`�T _ . ........... T. . ...... Describe any additional education, experience, or skills which qualify you for appointment to this commission. Include remarks I concerning your ideas or observations on the role of this commission. i i i I I I hr"ead the Enabling Resolutions which define the purpose, authority, and responsibility of this advisory commission. Yes ❑ No Comments: i i I have received and read the City of Brooklyn Center's business ethics policy. 19-�es ❑ No i ! 1 I wish to disclose the following potential conflicts of interest that may or will arise if I become a member of this advisory commission. Arc you aware of the importance of regular commission meeting attendance, and do you feel you have the time available to be an active participant? Reyes ❑ No Comments: I TACTO SOU TO YMPOI.T N::.: .. . :. : N O R AP LTcAT Minnesota law requires that you be informed of the purposes and intended uses of the information you provide to the City of Brooklyn Center during the application process. Any information about yourself that you provide to the City of Brooklyn Center during the application process will be used to identify you as an applicant; to distinguish you from all other applicants; to enable us to contact you when additional information is required; send you notices; and to assess your qualifications for appointment to a City advisory commission. If you wish to be considered for appointment, you are required to provide the information requested in this application. If you refuse to supply information requested by the City, it may mean that your application will not be considered. You are hereby advised that, under Minnesota law, the information contained in this application about you must be made available to any member of the public who requests it. Materials submitted in support of an application are normally not returned. You should not submit an original document if it is your only copy. I authorize investigation of all statements contained in this application for appointment as may be necessary to arrive at an appointment decision. I certify that all answers to the above questions are true and understand that any false information on or omission of information from this application will be cause for rejection of this application or termination from a commission without notice. APPLICANT SIGNATURE DATE SUBMIT APPLICATION TO: City Clerk City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 CITY 6301 SHINGLE CREEK PARKWAY OF :BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE: 569 -3300 C ENTER FAX 569 -3494 EMERGENCY - POLICE - FIRE November 10, 1993 911 Ms. Kay Lasman 4407 Woodbine Lane Brooklyn Center, MN 55429 Dear Ms. Lasman: At its November 8, 1993, meeting, the City Council appointed Margaret Knutson, 3300 66th Avenue North, to serve on the Park and Recreation Commission. At this time there is an open application process for all commissions because of December 31, 1993, expiring terms. Your application for appointment to the Park and Recreation Commission will be considered with other applications at the December 6, 1993, City Council meeting. Thank you for your continued interest in serving on an advisory commission for the City of Brooklyn Center. Sincerely, Sharon Knutson Administrative Assistant /Deputy City Clerk CITY OF BROOKLYN CENTER c he 19A6I11,1AEACACfTY � � r CITY Application \ 0 r OF g [BOOKLYN Ap to CENTER Advisor 569-3300 Commission 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430 > »::: >:::< ;;:::: »:Dafe:<Recet eed:: »:: >::::::::.. s :....s:: :.:..: ; .:::.:::.:.:.: :::::::::......:::::::::::.:::: .:,:<:<:.::.; rya 1 :::::.::::::::.:. ::::: (PLEASE PRINT) IF COMMISSION YOU ARE APPLYING FOR iz � z s : c,S. C— , r-, :...:.: R:: :::::::::: L First Name Middle Name Date of Application I �`c? 3 I -et Address Apt. No. Date Available City, State, Zip Home Phone �j�Z,�'s:�V l..�n:1 C.zr.iT'Z.+:. • M.�r- ..v�SSti"1� 5'S `� �'� �1�t2. � S�tnG' `6�i�U How many years have you lived in Brooklyn Center? � Work Phone ?-9)Z Occupation Employer May we call at work? n:Ca-- rr"--Z-ar 7Q ' -iI- C& Yes ❑ No j How many years of school have you had? (circle one) 1 2 3 4 5 6 7 3 9 10 11 12 13 14 15 16 1� 18 19 ::: . i.'i ist relevant :.:....... L volunteer... *.:.i. :ex ever ce a lacable to: >ta ozrttrraent..tohas: ::> ::::<:;:i: <::;:<::<::::::;::::; P.... PP comznassaan, >: < > <;;::::;. VOLUNTEER ACTIVITY WORK PERFORMED No. From To Hrs /Month Month /Yr Month /Yr X 17. - .: h l�laz,t - L - man... t-vvcs'i) 1_vla `,. N •� �jf 7a��.v'N �L' i`++�IL . •S..'�' - • h wCS;i v' L �S � L1 LAC... i 1'1 SSIONAI1IaESI�ATI( N: Lzs� re t . current ; ry essionarr membersha s .> I p ,f P , restmfions, ar lacenses cable .:...:::::'...aPP _ PP, tv thzs ommassron ;:;:::;::::::: >::: % Include dates rssued i : LIT IlUI1IAfiIl'T::;:::::::: .:::::::. Describe any additional education, experience, or skills which qualify you for appointment to this commission. Include remarks concerning your ideas or observations on the role of this commission. r. ��►..a, -i-� Sc�vcyC:- z,vzs.,.v:..5i CtaZa I have read the Enabling Resolutions which define the purpose, authority, and responsibility of this advisory commission. `W Yes ❑ No Comments: I have received and read the City of Brooklyn Center's business ethics policy. KI Yes ❑ No I wish to disclose the following potential conflicts of interest that may or will arise if I become a member of this advisory commission. Are you aware of the importance of regular commission meeting attendance, and do you feel you have the time available to be an active participant? >�Q Yes ❑ No Comments: IMP3T�►�l'TACfiS F OR T�3NOY O ... NoUR AP�AO . .... Minnesota law requires that you be informed of the purposes and intended uses of the information you provide to the City of Brooklyn Center during the application process. Any information about yourself that you provide to the City of Brooklyn Center during the application process will be used to identify you as an applicant; to distinguish you from all other applicants; to enable us to contact you when additional information is required; send you notices; and to assess your qualifications for appointment to a City advisory commission. If you wish to be considered for appointment, you are required to provide the information requested in this application. If you refuse to supply information requested by the City, it may mean that your application will not be considered. You are hereby advised that, under Minnesota law, the information contained in this application about you must be made available to any member of the public who requests it. I Materials submitted in support of an application are normally not returned. You should not submit an original document if it is your only copy. I authorize investigation of all statements contained in this application for appointment as may be necessary to arrive at an appointment decision. I certify that all answers to the above questions are true and understand that any false information on or omission of information from this application will be cause for rejection of this application or termination from a commission without notice. I APPLICANT'S SIGNATVRE DATE SUBMIT APPLICATION TO: City Clerk City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 :BROOKLYN TELEPHONE: 569 -3300 C ENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE November 10, 1993 911 Mr. Benjamin Noah Bridges 6712 Emerson Avenue North Brooklyn Center, MN 55430 Dear Mr. Bridges: At its November 8, 1993, meeting, the City Council appointed Margaret Knutson, 3300 66th Avenue North, to serve on the Park and Recreation Commission. At this time there is an open application process for all commissions because of December 31, 1993, expiring terms. Your application for appointment to the Park and Recreation Commission will be considered with other applications at the December 6, 1993, City Council meeting. Thank you for your continued interest in serving on an advisory commission for the City of Brooklyn Center. Sincerely, J ' � I z y �46wt4x Sharon Knutson - Administrative Assistant /Deputy City Clerk CITY OF BROOKLYN CENTER Y"c 1906AL AMMAM ® : BR000K'LYN A lication For CITY �� A to CENTER Advisor 569 -3300 Commission 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430 ; Cct Ilse.;:( nl';::::>::> ::;:.;:: >:: >:::.;;:Dale:::Recec ............. y .::...:...... .. :...:.......: ('PLEASE PR NT) COMMISSION YOU ARE APPLYING FOR: S: AL :: :. I� ::::::: ::::::.:::.. :. Last m (, me v� J F irst Name Middle Name Date of Application f t Address Apt. No. Date Available City, State, p Home Phone ��J SSA 3 S`(,-6 6 6 How many years have you lived in Brooklyn Center? / Work Phone Occupation Employer May we call at work? X Yes ❑ No How many years of school have you had? (circle one) 1 2 3 4 5 6 7 8 9 10 1 12 13 14 15 16 17 18 19 EERXPNC::: :::: re. euantvolunteer.::worTe,;ex erzenc - P ..: _e. aPP tca le to a . otzlme�ztto lhcs.< cammtssznri:;<:<: >:::::: :<:; > >;;; >:::;: VOLUNTEER ACTIVITY WORK PERFORMED No. From To Hrs /Month Month /Yr Month /Yr i i ::;: »::: R S SI ONII I)ESI ATIOI`S Est .............::::::..:.... nt. current.: :..::.:..:::. ro essaonaL membe » P rships, revs rMa ons, ar Iaeenses >: .... a 'Rica e _ ;.:; bl :o a oint ;... »;:;:: ment..to.th� :co �ssron ::::::>:>::::<::..:...:;:;.;:;<>::::::>:<< <: >:; >::::: ».:::.: »::...::::.:. ::::.:.:...::::: >:;::: es issue -�-- - CT TPT 1' rTT �!"�► L t7rT�r1►fi�7 k 9�d 1 L111 L Z1 2 1 1 I :. s 1L , J t i' l Jl . /1 .:....:::...::.:.:.::......... Describe any additional education, experience, or skills which qualify you for appointment to this commission. Include remarks concerning your ideas or observations on the role of this commission. I have read the Enabling Resolutions which define the purpose, authority, and responsibility of this advisory commission. Yes ❑ No omments: I have received and read the City of Brooklyn Center's business ethics policy. )(Yes ❑ No I wish to disclose the following potential conflicts of interest that may or will arise if I become a member of this advisory commission. Are you aware of the importance of regular commission meeting attendance, and do you feel you have the time available to be an active participant? X Yes ❑ No Comments: 0 MPCT T FACTS Ft To :::::::::::::.::. : NN oUR APPLCA' innesota law requires that you be informed of the purposes and intended uses of the information you provide to the City of Brooklyn Center during the application process. Any information about yourself that you provide to the City of Brooklyn Center during the application process will be used to identify you as an applicant; to distinguish you from all other applicants; to enable us to contact you when additional information is required; send you notices; and to assess your qualifications for appointment to a City advisory commission. If you wish to be considered for appointment, you are required to provide the information requested in this application. If you refuse to supply information requested by the City, it may mean that your application will not be considered. You are hereby advised that, under Minnesota law, the information contained in this application about you must be made available to any member of the public who requests it. Materials submitted in support of an application are normally not returned. You should not submit an original document if it is your only copy. I authorize investigation of all statements contained in this application for appointment as may be 18 necessary to arrive at an appointment decision. I certify that all answers to the above questions are rue and understand that any false information on or omission of information from this application will be cause for rejection of this application or termination from a commission without notice. APPLICANT'S SIGNATU DATE SUBMIT APPLICATION TO: City Clerk City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 i Ap p lica i n F r to 0 CITY � OF BROOKLYN Appointment to C ENTER 569 -3300 Advisor Commission 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430 • Ctfy (Ise Orrly ► �Dafe Recer�ed :::: ::.....:::::::::....::....:::.: .'.. Ts •� T � 1'1 n TL TA 's � 7T\ (PLEAS PRI Vi j COMMISSION YOU ARE APPLYING FOR: NIUAm)z LJ�✓L' /sj��� :::;::::::::PER ....... ::: O L N .. .. Last me first Name Middle Name Date A f lication Allkct LLV l - Addre ss b Apt. No. Date fable City/p State Zip �}} ,, /l Home Phone How many years have you lived in Brooklyn Center? t y Work Phone Occupation Employer hd e2&z e � Ma}iwe call at work? LL. [E'Yes ❑ No I How many years of school have you had? (c ircle on e) 1 2 3 4 5 6 17 S 910 1 121. 13 14 15 17 1 8 19 �.: TIER E xPE IE NC: List xete j .:. vans yolu steer work ezpefzetce applicable fa appoi�2tmerzt to lhs VOLUNTEER ACTIVITY WORK PERFORMED No. From To i Hrs /Month Month /Yr Month /Yr er LT IJA 9L L!6 eArl 2e.,%J 6V ZeJ71Ci, F i I .... ... ... is ::::: .ATI(JN::.:::::::::: ant euzrent ro essaonal membersha s re strations P f P ..:..........::..� :.....::..: :.....::...::....:...:::.:::::. to a ::::>::: >: aPP .....:..:.::.. ; P ointment to comm�sstorr .::...:::.. : :;:.:: :..::::.:..::::..... .........:.:.:::. :............. _ P::......:::::::.::::: :::::.............._::.:::::... r lnclu ✓"� � ��� 40F VWA✓ s 6z6lglqNl 6 Ft C- 45!p ru V A, e. ej114 lu"V INVPL �u"T i ar T T .� . pis c`�►1u 1111 1 1 1 .................. X . Describe any additional education, experience, or skills which qualify you for appointment to this commission. Include remarks concerning your ideas or observatio s on the role of this commission. ��tt/rvl�U � / NS �i/ ✓/'"�. kr !L�a'�Lpt�.- t7nl1`.G,� �<Sj�<I -� Y.�C�/l/G7 Ui�ti- ZI� ��% f. /✓ =, /�L� /�VIrCE' <S / ���' �i�`;a .�/I'"�T!/G�!%/wf,S ,�'i2> �� �'�'Gf G� LI.�IL% �I/ b� /�{fi'� �r���15 �iG�'GL' //-'C > � , 1 � r 5 �`7� ,°/ P:;/i I <�Z.- ..�'G�iUC"l /L>t� ,Q /li:C� �i�� � -✓ .� /✓' G.'/G �:2�L TG' 1Lf.!/ Cv 3 / �1/' -.,/ i s7F 1 7-777, /cfG'a'fi. ':alt % %Sv(ly I have read the Enabling Resolutions which define the purpose, authority, and responsibility of this advisory commission. j�Yes ❑ No Comments: I have received and read the City of Brooklyn Center's business ethics policy. L9 es ❑ No I wish to disclose the following potential conflicts of interest that may or will arise if I become a member of this advisory commission. 4 4 1- j � '►tic ,,rt' 1-�Su+6 Lem�!,j f a Are you aware of the importance of regular commission meeting attendance, and do you feel you have the time available to be an active participant? P`�es ❑ No Comments: weey14Jas J 1VI'OR,TAT 1` ACAS0O TON ON C NGO TR .PP'L ATO Minnesota law requires that you be informed of the purposes and intended uses of the information you provide to the City of Brooklyn Center during the application process. Any information about yourself that you provide to the City of Brooklyn Center during the application process will be used to identify you as an applicant; to distinguish you from all other applicants; to enable us to contact you when additional information is required; send you notices; and to assess your qualifications for appointment to a City advisory commission. If you wish to be considered for appointment, you are required to provide the information requested in this application. If you refuse to supply information requested by the City, it may mean that your application vill not be considered. r You are hereby advised that, under Minnesota law, the information contained in this application about you must be made available to any member of the public who requests it. Materials submitted in support of an application are normally not returned. You should not submit an original document if it is your only copy. I authorize investigation of all statements contained in this application for appointment as may be ccessary to arrive at an appointment decision. I certify that all answers to the above questions are true and understand that any false information on or omission of information from this application will b cause for rejection of this application or termination from a commission without notice. APPLICANT'S SIGNATURE DATE t SUBMIT APPLICATION TO: City Clerk City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Applicatio For CITY OF ] [B OOKLYN A13130intment to C ENTER Advisor 569 -3300 Mr. Campbell called October 27, 1993, Commission and requested this application be considered for the Housing Commission. 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430 • Gtt� Ilse 4nl , Dafe Rseecverl y: (PLEASE PRIND COMMISSION YOU ARE APPLYING FOR: PER 5 AL . :........ a :: . L t Name first Na Middle Name Date of A pl' ation t Address Apt. No. Date Av it le C State, Zip Home Phone rc fir' ( ) rj�� `'Z. How many years have you lived in Brooklyn Center? ( ' Work Phone Occupation , ( Employer �� May we call at work? �C� STr'vC a �? c'✓v r K �j ': lo��(� © Yes ❑ No How many years of school have you had? (circle one) 1 2 3 4 5 6 7 S 9 10 11 12 13 140 16 17 1S 19 .. NTEER EXPERIEIC:::::: L tst :::::._ ::::::. relevant volunteer. work expenence: a�pkcalile to appoin tment ao thcs commassto i rX VOLUNTEER ACTIVITY WORK PERFORMED No. From To Hrs /Month Month /Yr Month /Yr l'5�ZL.f , f1� C�fi �Jir� ;10 _)� '' }�n� �f rc f oe- �1 I?�ri { 11 ���Gt'tifl Cdlvrc�� 1 I i� b 7 � ' J f J i �RO��SSIt�hIA11 DESI��ATIC)NS List relevant current professional memberships; registrations, ar taeenses r� cab le to P ap ocntment to this commisswn :: >` litctude dates issued ::::;:.: . ZG Cti c � f 5 O t '"f+�om G Cr1 S f� c.•Gf��. r �C'O r T r o tY i Ale'7n �arnm`,n, E y � /lay r es�n fly have �a key /� ` CC v - 5G 5 �n SirrGCyrn9 - VI c�Y\ - �d� ✓frvc 'ova p�G.t �t;rzdtnc�- ,Sc, "is en ct�m c �tJ1in� fin 6 {1 (ra��in S �e.c' , rnArt�/ ,zr CoJ�S�S L'PLVITTAL ITR:I�IATIC)l Describe any additional education, experience, or skills which qualify you for appointment to this commission. Include remarks concerning your ideas or observation on the role of this commission. 7 4C 1)knnjn j �+7E CCA�'�r f� On O S 3 R�StczUrGZnf /t'7 7��)1 0 e CxvC:C� f\ 6( " I GJ +V C;+/ 6V%� 5 r5dn4� ort �U;tdL code 5 C,\. <ettooA - G�n LI fi,er Gtrcc�5 G.r�a f�` fhe Gczv�SFrvc,t�en vocz - »� lSa � l ti ttb, 140rnp Dc" ly Wart< %�� �t,r /= �� ✓orfK (3vc lci��' i I i i I have read the Enabling Resolutions which define the purpose, authority, and responsibility of this advisory commission. Is Yes ❑ No Comments: I have received and read the City of Brooklyn Center's business ethics policy. a Yes ❑ No I wish to disclose the following potential conflicts of interest that may or will arise if I become a member of this advisory commission. — /1.:,�� G I -- C Arc you aware of the importance of regular commission meeting attendance, and do you feel you have the time available to be an active participant? ® Yes ❑ No Comments: M 5 /'r) a f{. -r, f� 0 ' IMP' T. NT PACES C�► T� C� I TG YOUR PP'LI T10 Minnesota law requires that you be informed of the purposes and intended uses of the information you provide to the City of Brooklyn Center during the application process. Any information about yourself that you provide to the City of Brooklyn Center during the application process will be used to identify you as an applicant; to distinguish you from all other applicants; to enable us to contact you when additional information is required; send you notices; and to assess your qualifications for appointment to a City advisory commission. If you wish to be considered for appointment, you are required to provide the information requested in this application. If you refuse to supply information requested by the City, it may mean that your application will not be considered. You are hereby advised that, under Minnesota law, the information contained in this application about you must be made available to any member of the public who requests it. Materials submitted in support of an application are normally not returned. You should not submit an original document if it is your only copy. I authorize investigation of all statements contained in this application for appointment as may be necessary to arrive at an appointment decision. I certify that all answers to the above questions are true and understand that any false information on or omission of information from this application will be cause for rejection of this application or termination from a commission without notice. APPLICANT'S SIGNATURE DA SUBMIT APPLICATION TO: City Clerk City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 CITY Ap For Of B RQOKLYN Ap p ointment to CENTER Advisory 569 -3300 Commission 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430 Ctfj Llse only r Dale ...... ved ::::; <:::: < >:;:: >: <:;::::; :.. >:: (PLEASE PRIM) I � COMMISSION YOU ARE APPLYING FOR: >>_.> _PE R Last Name First Name Middle Name Date of Application o o t�l L -e-e Alov. I9 !3 et Address Apt. No. Date Available City, State, Zip Home Phone How many years have you lived in Brooklyn Center? Work Phone / Ugh ( b z ) 55'3 84 Occupation Employer May we call at work? Ss is Sar stevv'A , jrI of P—Yes ❑ No How many years of school have you had? (circle one) 1 2 3 4 5 6 7 3 9 10 11 12 13 14 15 16 17 18 19 ax .: :::::::::::::::::::::::: Q. NTEE :::......... R_EPER _ ::;::::.:.::::::::::::: :::N ::: re�ev volunteer fuork ex efzeiice 7acable a:.:a o rttmezit:ao thr ' ::::: <.;..... P PP, ..PR _ _ s cnmmxssra�i »::: ><> VOLUNTEER ACTIVITY WORK PERFORMED No. From To Hrs /Month Month /Yr Month /Yr PROESSItNI DEINATINS ..: :. ::...::. .: _ ..::: ::?: st relevant a;urrent:: ro essaonal.:membe t ....:.;:.; P f rsh ps, rcgis. ra . ons, ar laeenses i applicable> o appoantmenF to alias comm�sran . Includ e dates rssued L'PI�VINT� IMF CfiI Describe any additional education, experience, or skills which qualify you for appointment to this commission. Include remarks concerning your ideas or observations o the role of this commission. = des«e jo beeawe ar. a.ef, 'au O'E UrooKl.�n �eK�t� ve Ai, Q�tt9rfi �o Ctr�ltrtine }ham Grn�rx�.� X- 'KCCJ1Z.hCe- WkILk W04 art' dec.1din U) cc,� rv� t i v. +t.- c m y pu of Oy-p e rj e+uz at l - r iele�qed C4,rpelh4tr hao bro me i) -glorc nwmeroLA4 pl"nr,,j Crrnmi4 a,,( re�peef fke twtlt {� cr, iit `(.dl mtxliuA - Zm powertJ 4o 4- tf"+e_. M j prt�,l l k( edu.ca_t,c� (�" exp2rjenc4 4.4 CtMinka,.l worlC�:S y wckh Yeti! P -fc (ac�1 einccblco m.2 6C Co�n��li�f 0� relevar�fi Sfrvrr�a of Icua� 2�hiCA u.nd flu s+�t�d clrvr� of �ku planner 6,r"n i SJvh. Z -6Z, C41A -"-C +kL Via-6,t� O� broov -tvn C� co c, deni�z l2 CuPmmwnVt for alt o-yo anal buatn,[ivm- .Se 'Vim` a4 a_ pMnn+.:,y evwnto erau�.a li Zxl1 �e 4-Ks 6t,44�G. I have read the Enabling Resolutions which define the purpose, authority, and responsibility of this advisory commission. ,eyes ❑ No Comments: Z Sena i} w VV_ �o and 4haf l lannw,y Carnmvv�rc ✓emavn d�r�a W,�c 4o - I�-P- Ce�nmww� nie�o. l�.a �mcblin �eAVlu�+e+no Q.rnPowex flu Cvynwti�.utcin, }a G�� vr� 41ut Cc�nmwni�N4 b.Ctit vn- Fe�tAt while, rn�un,��zw�� c.. �e.r,o�z.e.f� ✓e o� � fc.� -fur2. I have received and read the City of .Brooklyn Center's business ethics policy. 0--y-es ❑ No I wish to disclose the following potential conflicts of interest that may or will arise if I become a member of this advisory commission. r � Arc you aware of the importance of regular commission meeting attendance, and do you feel you have the time available to be an active participant? J2 ❑ No Comments: ��eh+,;�y4, R.VQ- moA� q�era- l I� a,p.� V pv,,j /1Chec�ul� . a rn 0/40 C�b 12 -kp f a 4LC -i�.c � dva t,- Normal bt:cAc,nt'+j �OLA,(4 40 - APrkrM -J� en rec�u� re 4la G- Mz*VV r a� 4Ivz lcLvvw% (c- Yv,MLSS1L71'A. YMPtT.AT FACTSO .:: . SOU 'TO. :::::::: :::. NI A ON Minnesota law requires that you be informed of the purposes and intended uses of the information you provide to the City of Brooklyn Center during the application process. Any information about yourself that you provide to the City of Brooklyn Center during the application process will be used to identify you as an applicant; to distinguish you from all other applicants; to enable us to contact you when additional information is required; send you notices; and to assess your qualifications for appointment to a City advisory commission. If you wish to be considered for appointment, you are required to provide the information requested in this application. If you refuse to supply information requested by the City, it may mean that your application will not be considered. Y ou are hereby advised that, under Minnesota law, the information contained in this application about you must be made available to any member of the public who requests it. Materials submitted in support of an application are normally not returned. You should not submit an original document if it is your only copy. I authorize investigation of all statements contained in this application for appointment as may be necessary to arrive at an appointment decision. I certify that all answers to the above questions are true and understand that any false information on or omission of information from this application will be cause for rejection of this application or termination from a commission without notice. APPLICANT'S SIGNATURE DATE SUBMIT APPLICATION TO: City Clerk City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Application For CITY B RoORLYN Appointment to CENTER Task 569 -3300 Force 6301 Shingle Creek Parkway, Brookn Center, MN 55430 / r v (PLEASE PRINT COMMISSION YOU ARE APPLYING FOR: COMMUNICATIONS TASK FORCE ..::::::::.::::::::::::.::::::::::::::.:::.::::::.:::::::.::::::::.:::.::.::.: ::::.::.:.:::.::::::::::::::::. :::::.:::.::: ::::.::::::::::.::::::::::.:,:: ,.:. Last Name First Name Middle Name Date of Application DOTH JULIE 11 -22 -93 1 et Address Apt. No. Date Available I 6873 7TH ST. NE immediately j City, State, Zip FRIDLEY � 2 a Home Phone ` ) 571 -1821 How many years have you lived in Brooklyn Center? Have worked in B.C. Work Phone n the hospitality industr;E for 10 yenrs . ) Occupation Employer NORTH METRO CONVENTION May we call at work? + EXEC DIRECTOR & TOURISM BUREAU J1 Yes El No 566 -7722 v How many years of school have you had? (circle one) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 :> CP CE :::i: ii?iiiiiiii:: i; Liiiiiiii�: :is �::� i:: :`viii::: :: .i: ?::i:': iii ?:: :: ' •::::::•'. �:•- :•'.�i::i::::Fii3:i;:i;:;i:;:; - :;Fi;:i;iii; iiiiiiiiiiY: �:i'ii:4:•i:4i:•: ii:4iii .i. :i: . }i. :.... ...: ..: ...i:: .... .. :..... :: ..:.:: .... .: ..:l... .:.. :. i:.iiii;::<:i;i::i:«:i::i: ..� .. t�art,�:.:�rlu � :i::::Q�.�•:�,� - ii is _ ::: .�:;�: ids::; ��tt> ;::: ><::::: »<: > < >;:<::: >_::: >:: VOLUNTEER ACTIVITY WORK PERFORMED No. From To Hrs /Month Month /Yr Month /Yr EARLE,_BROWN DAYS COMMITTE Organized senior king & queen event for 75th anniversary 8 - 10 9/86 9/87 I i ::::: :::::.....................:::::...... ....................:.::.:::::. .::........................ .:::.::..:...::.::.:::::::.............. . .....:...........:::::.:::.::..................................:...:...........:.::::::.:::::::::::. ..........................:..:. t :...:.::.::.... ..........................::::. ......................:..:::::::..............:.........?...::.:::::.:::::..............................................::.:::::::::.....................::.................. ..............:::: ::::......... :.. As the Executive Director of the North Metro Convention & Tourism Bureau, I am responsible for promoting the City of Brooklyn Center to attract leisure and business travellers that results in dollars being spent locally. The economic benefit to Brooklyn Center can be seen in employment, business receipts, contributions to the tax base as well as additional income to the city generated by a user's tax on hotel rooms. Being successful in creating an identity for Brooklyn Center as a place to stay can depend on image and the traveller's perception of a city, local acceptance of visitors and recognition of the economic value, just to name a few factors. :... NF a Describe any additional education, experience, or skills which qualify you for appointment to this commission. Include remarks concerning your ideas or observations on the role of this commission. The Earle Brown Heritage Center, by being a unique venue for meetings and events, has introduced numerous non - resident companies and organizations to Brooklyn Center. It is important that the hospitality industry supports this facility, and that appropriate services are available with in the community, thus creating a friendly business climate. I have read the Enabling Resolutions which define the purpose, authority, and responsibility of this advisory commission. Yes ❑ No Comments: I have received and read the City of Brooklyn Center's business ethics policy. S� ❑ No I wish to disclose the following potential conflicts of interest that may or will arise if I become a member of this advisory commission. Are you aware of the importance of regular commission meeting attendance, and do you feel you have the time available to be an active participant? Oes ❑ No Comments: �.�.ANT �XCT F _ � : :� .:. falk whi mrnmn esota law requires that you be informed of the purposes and intended uses of the information you provide to the City of Brooklyn Center during the application process. Any information about yourself that you provide to the City of Brooklyn Center during the application process will be used to identify you as an applicant; to distinguish you from all other applicants; to enable us to contact you when additional information is required; send you notices; and to assess your qualifications for appointment to a City advisory commission. If you wish to be considered for appointment, you are required to provide the information requested in this application. If you refuse to supply information requested b the City, t may mean that q Y tY Y our Y application will not be considered. You are hereby advised that, under Minnesota law, the information contained in this application about you must be made available to any member of the public who requests it. Materials submitted in support of an application are normally not returned. You should not submit an original document if it is your only copy. I authorize investigation of all statements contained in this application for appointment as may be necessary to arrive at an appointment decision. I certify that all answers to the above questions are 4t � e and understand that any false information on or omission of information from this application 1 be cause for rejection of this application or termination from a commission without notice. �t -- i3 APPLIC S SIGNATURE DATE SUBMIT APPLICATION TO: City Clerk City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Application For � B RO , " y OKLYN Ap to CENTER Task 569 -3300 Force 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430 . :::...:::::... :..: .. ate:. eEelr ::;::<::» :::::: >:: >::::.:;.:.::;::::::;' :::::;:::: > .<: > >; (PLEASE PRINT) I COMMISSION YOU ARE APPLYING FOR: - r4 5 k FbrC ::::::::::::::{:::::: ::::::::::::::::::::::::::::L ...... ............................... . .......... Last Name First Name Middle Name Date of Application eet Address Apt. No. Date Available 7/'��`.� City, State, Zip _ Home Phone r �'? C %/� � y,� t� S_ I:`!i �-� k' l +' ?f ✓� _`✓' .S y.,t � lv "" � • _..� ' 'l f ; �5` -a How many years have you lived in Brooklyn Center? t x Work Phone _ May we call at work? Occupation, Employer , /Rork / m;" r"V l Yes 0 No r � ' How many years of school have you had? (circle one) 1 2 3 4 5 6 7 8 9 10 11 12 13 C4" 15 16 17 18 19 n#eer`.crr VOLUNTEER ACTIVITY WORK PERFORMED No. From To Hrs /Month Month /Yr Month /Yr .... ...................................................... ............................... t :::::::::::...::.:.:.................................................:::::: :::..:t:�................:..... .:�..1�• 1... .................. ............................... ........................... ::::::::...::.:::..:::..................................................:.::::.:::.:::::::.................................:::::::: :::::::.:.:::.:.:.::.?�:..::::: ..::.:...........,................................................ ............................... :..::::::::::::.::.::.:.:::::::.::::.:::.:..::::::. :: ... ; ......t . t ::..::.:::::::::::.:::::::::.:::.::::._ :::::::::::::.:::::.:::.:.::::: e.r >: e r try >aanins <::::>::;::>::>::::»::::>::::>::>::>::»::::>::::>::::::::»::»::::::>>::::::: : >: >:<::: » ................................................. ............................... ......................... ? . .:::........................................................................................................................ ............................... . ::::: >::> ne taceS :: ..:...:::.::: ::: ::::::::.;::.:.:::::. _ :::: ::: :..:; :.::.:::.:.;;:.;:.;;....:::. _ :::::::::::. _ ::::::.::::: : ......................................................................................................... ............................... ::::::::....:.................................................:::::.::......................................................................... ............................... ::::::::...:.:..:::::::..:.:.::..:........:: ..:..::........_... :........... Describe any additional education, experience, or skills which qualify you for appointment to this commission. Include remarks concerning your ideas or observations on the role of this commission. I have read the Enabling Resolutions which define the purpose, authority, and responsibility of this advisory commission. Yes ❑ No Comments: I have received and read the City of Brooklyn Center's business ethics policy. X Yes ❑ No I wish to disclose the following potential conflicts of interest that may or will anise if I become a member of this advisory commission. Are you aware of the ,importance of regular commission meeting attendance, and do you feel you have the time available to be an active participant? Yes ❑ No Comments: ' OT.::: -T -'A CT :FOR ::: ::: €`: >:; :::::::: .. YOU`... TO::: �0 ::::.:::::::::::::;::::: >::: :. >:.;:;;:.:;.;:.;:.; ' ............... A:: :.::.:...::.::::::::::.:: Minnesota law requires that you be informed of the purposes and intended uses of the information you provide to the City of Brooklyn Center during the application process. Any information about yourself that you provide to the City of Brooklyn Center during the application process will be used to identify you as an applicant; to distinguish you from all other applicants; to enable us to contact you when additional information is required; send you notices; and to assess your qualifications for appointment to a City advisory commission. If you wish to be considered for appointment, you are required to provide the information requested in this application. If you refuse to supply information requested by the City, it may mean that your application will not be considered. You are hereby advised that, under Minnesota law, the information contained in this application about you must be made available to any member of the public who requests it. Materials submitted in support of an application are normally not returned. You should not submit an original document if it is your only copy. I authorize investigation of all statements contained in this application for appointment as may be necessary to arrive at an appointment decision. I certify that all answers to the above questions are rue and understand that any false information on or omission of information from this application will be cause for rejection of this application or termination from a commission without notice. APPLICANT'S SIGNATURE DATE SUBMIT APPLICATION TO: City Clerk City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 CITY Application For OF B ROOKLYN Ap p ointment to CENTER Task 569 -330(1 Force 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430 .........im7FF >::it'J3F:i .............. ......•RAiR�e..R�C.i:Gkii$32�:v •; :::::::: °:: i, �: _ .:: a: <:;: ":::: �i ?;::..'�:..:i? ' " "'- ;.$ir'cri; (PLEASE PRINT I YOU ARE APPLYING FOR: Ad Hoc City Communi Task Force Last Name First Name Middle Name Date of Application Sommers Dawn Teslow 11 -18 -93 et Address Apt. No. Date Available 5315 L ndale Avenue North Dec. 1 19q City, State, Zip Home Phone Brooklyn Center, MN 55430 (612)566 -2274 How many years have you lived in Brooklyn Center? Work Phone Two vears (612)559-6769 Occu Employer May we call at work? Public Relations Supervisor Hennepin Parks kD Yes ❑ No How many years of schcol have you haa? ,vi is ere , 2 3 4 5 6 7 8 9 14 11 V. 13 14 15 16 17 18 19 � :.... .......................:....... s ... ...:.:........:::na�er.... :..�e . er�enc.:... ;ZCx.e... €::....::..:.:.....::...................................................... ..................::::.:::.:.; :...:::::::::: P:::._:::.......:.::........:.....:...::................................................................................:::::..:.... .:........::.._.::.:..: :.:..... VOLUNTEER ACTIVITY WORK PERFORMED No. From To Hrs /Month Month /Yr Month /Yr Member: Public Relation Served /Chaired several committees 5 -10 /mo Jan /87 Present ' Society of America Member: Communicators Developed /Implemented PR campaigns 25 -30 /mo Nov /88 June /89 For Peace for two non-profit organi 0 olunteer: Big Brothers Delivered meals to homebound adult 5 /mo Nov /87 Dec /87 riends of the Elderly for the holidays ................ :::::::::.................................................................... .............................., :::.:......:..........:::.; ::::::::::.... ............ :::::.::..:.:.:.::...:::::::::::::::::.....................................:::.:::::::..:: t ....................................... .............�...:...........:: :....................:........................................ ............................... .............................. :::.::::::::::::.............:.::..::......................::::::.:::::::::.:..?.........................................................................................:...:.......................................... ............................... ::::::.:::.::::::::.::::..:.......:......................... ...:.:.::::::::::::............. ...........................:..: l t t!tt :....::..........:: t 1# !tttSS # ..::::::::...........::.:.:::::::::..:...::.. ......:.: ::::.:::.::::::.:::::: :.::.::::::.::.::.:...::..:. :::.........................::. � :::::::.::::::.::::.::..:. .......:....:.........................................................................::.....:.............................. ..:.. :......................... :...::...:::....:.:::::.:::::::.............................................:.:.:.........::.........:.::.:::::._:::::::::::.......................:..................:..:::::.::::.:::.:::::..::::.::: ::..:.:....::....:..:.......... Member of the Public Relations Society of America (PRSA), an individual membership professional society serving public relations practitioners throughout the state and nation. Describe any additional education, experience, or skills which qualify you for appointment to this commission. Include remarks 1 concerning your ideas or observations on the role of this commission. I have more than seven y ears of experience in the public relations and communications j profession. I have skills in the areas of public relations planning, media relations, publications, crisis communications, advertising, and audio visual production. I intend to be a long -time resident of Brooklyn Center, and feel that the duties and responsibilitie I of the Communications Task Force are very important to the city and its residents. I have read the Enabling Resolutions which define the purpose, authority, and responsibility of this advisory commission. XX Yes ❑ No ; Comments: I applaud the Brooklyn Center City Council for establishing such a Task Force. I I have received and read the City of Brooklyn Center's business ethics policy. U Yes ❑ No j I wish to disclose the following potential conflicts of interest that may or will arise if I become a member of this advisory commission. Are you aware of the importance of regular commission meeting attendance, and do you feel you have the time available to be an active participant? Z Yes ❑ No Comments: ; :.TAN.:: A.; :. �..."...... :::. :.:: .::: :.::::................_; .. ::::::: :::......................:.:::: OU. :.''0....�0 ::.: ::.............. - - -... :.:::::.:::::..:...........................::::::::::::::.....................................................:...:.........:::::::........................................................:::: :.............................. .:................... Minnesota law requires that you be informed of the purposes and intended uses of the information you provide to the City of Brooklyn Center during the application process. Any information about yourself that you provide to the City of Brooklyn Center during the application process will be used to identify you as an applicant; to distinguish you from all other applicants; to enable us to contact you when additional information is required; send you notices; and to assess your qualifications for appointment to a City advisory commission. If you wish to be considered for appointment, you are required to provide the information requested in this application. If you .refuse to supply information requested by the City it may mean that your application will not be considered. You are hereby advised that, under Minnesota law, the information contained in this application about you must be made available to any member of the public who requests it. Materials submitted in support of an application are normally not returned. You should not submit an original document if it is your only copy. I authorize investigation of all statements contained in this application for appointment as may be necessary to arrive at an appointment decision. I certify that all answers to the above questions are rue and understand that any false information on or omission of information from this application will be cause for rejection of this application or termination from a commission without notice. APPLICANT'S SIGNATURE DATE SUBMIT APPLICATION TO: City Clerk City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 BROOKLYN TELEPHONE: 569 -3300 C ENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE 911 COMMISSIONS NEED MEMBERS The City of Brooklyn Center welcomes citizens to apply for the following advisory commissions: FINANCIAL COMMISSION Evaluates the cost effectiveness of City services, programs, and functions in response to higher costs of service delivery, mandates, and a trend of decreasing intergovernmental revenues to cities. HOUSING COMMIVIISSION Affords citizen input in the development of a housing program to supplement the activities of the city council. HUMAN RIGHTS AND RESOURCES COMMISSION Promotes understanding and equal opportunity in employment, housing, public accommodations, public services and education, and full participation in the affairs of the community by advising the city council on long -range programs to further improve community relations in the City of Brooklyn Center. PARK AND RECREATION COMIVIISSION Monitors and reflects the attitudes and concerns of the citizens of Brooklyn Center relative to the conservation of environmental resources in the City of Brooklyn Center and to the park system and recreation programs. PLANNING COMMSSION Acts in advisory capacity to the city council on issues related to comprehensive planning of land use and development, platting, rezoning and special use applications, plan approval, variances, and appeals. Interested persons can obtain an application for the City advisory commissions at Brooklyn Center City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, or call Deputy City Clerk Sharon Knutson at 569 -3300. Final appointment will be made by the Mayor and City Council. APPLICATION DEADLINE IS NOVEMBER 26, 1993. [Posted at Brooklyn Center City Hall and Community Center October 27, 1993] [Published in the Brooklyn Center Sun -Post November 3, 1993] [Published in the Northwest News November 8, 1993] 1986ALL- AMEfiCAC(TY w � ^n +,ryl I v CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 BROOKLYN TELEPHONE: 569 -3300 CENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE 911 MEMBERS NEEDED FOR COMMUNICATIONS TASK FORCE Three vacancies exist on the Brooklyn Center ad hoc City Communications Task Force. The general purpose of the Task Force is to review the City's communications efforts and assist the City Council in formulating priorities related to communications. Interested persons can obtain an application at Brooklyn Center City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, or call Deputy City Clerk Sharon Knutson at 569 -3300. Final appointment will be made by the Mayor and City Council. APPLICATION DEADLINE IS NOVEMBER 26, 1993. [Posted at Brooklyn Center City Hall and Community Center October 27, 1993] [Published in the Brooklyn Center Sun -Post November 3, 1993] [Published in the Northwest News November 8, 1993] ANC 1986 ALL- aYEACA C!tt November 8, 1993 NORTHWEST NEWS 1 00mmission Needs Members 31 Brooklyn Park k Park w Of The city of Brooklyn Center wel- in the City of Brooklyn Center and5� am comes citizens to apply for the fol- to the park system and recreation lowing advisory commissions. programs. FREE JAZZERCISE !!! PLANNING COMMISSION Would you like to tryJazzercise7 FINANCIAL COMMISSION cost effectiveness The Brooklyn Park Recreation De- Evaluates the - Acts in advisory capacity to the n with : � ofCity services, programs, andfunc ;t; city council on issues related tocom- Jazze artment rcise currently n conjunction y unct i o has two open- rehensive of land use and . tions in response to higher costs of developmen ,, platting, rezoning and rags in ourJazzercise Childcare pro- service delivery, mandates, and a special use applications, plan ap- gram for people who love to work for trend of decreasing intergovernmen- with children and exercise. The pro- Ex tal revenues to cities. proval• variances and appeals. HOUSING COMMISSION COMMUNICATIONS TASH FORCE gram entails working two mornings Br Three vacancies exist on the or two evenings for a total of 3 -4 De . Affords citizen input in the de- hours in our childcare program, and f mtuzicationsTask fo rce velopment of a housing program to Brooklyn Center . The g Com- eneral in return you receive free Jazzercise P supplement the activities of the city classes .and free childcare for 1 -2' (5i council. _ purpose of the Task Force is to re- children. For more information and m. HUMAN RIGHTS & view the City's communication ef - an application please call 493 - 8333. RESOURCES COMMISSION forts and assist the City Council in Promotes understanding and formulating priorities related to com- equal opportunity in employment, munications. housing, public accommodations,.. Interested persons can obtain public services and education, and an application for the City advisory full participation in the affairs of the commissions at Brooklyn Center City ty y dvising ty Hall, 6301 Shingle Creek Parkway, communi b a theci coup- Nen Brooklyn Center, or call Deputy City on long -range programs to fur- . ,. leler improve community relations Clerk Sharon Knutson at 569 -3300. _ House N. Final appointment will be made by Y in the City of Brooklyn Center. ., PARR &RECREATION the Mayor and City Council. Appli k <. � PHIL `. COMMISSION cation deadline is November 26, Monitors and reflects the atti- 1993. invites,y tudes and concerns of the citizens of Brooklyn Center relative to the con- servation of environmental resources P Representative Darlene Luther holds 'TOWrT Saturday, Novem • 1KE30rX 4U 10:00-110 • • • - - Monday, Nov. 15, 7 -9 P.M. Brookdale Hennepin Arc Ithe new government program is enabling people Brooklyn Park Library h credit problems and minimal cash to invest 8600 Zane Ave. N. 6125 Shingle Creek Pkw oppor tunity to be home - owners. For Example: ' w�� «�, ux rb;r c,�re, velurse Comm Sale price .......... ........................$70,000 This is an informal gathering to Total down incl. closing ...............$2 discuss legislative and city _ Qualifications include: • No Bankru tci" within g past 2 years • Steady Income • Verify Paid Taxes concerns. ; CALL NOW TO SEE IF YOU QUALIFY! All residents are invited to attend! - - _ 546- 9506:. - _- Blaine's 3rd Annual - _ Christmas Craft anc SIX e ` - -- - o •t a .. _ - �`�R•, \` _ a •. � o e O • • o e e PP� e o s 0 e The Third Annual Brooklyn Park Community e • e D �� FRE .PRIZES FREE PIA CITY BRIEFS f1Ce Center and Brooklyn Park, was`recently elected the DFL Majority Leader of the Minnesota House of Vacancies exist on task force RS Representatives. For more information call Carruthers at 296 -3709. Three vacancies exist on the Brooklyn Center ad it ap Oct. 25 hoc City Communications Task Force. L a o ry office The general purpose of the Task Force is to review the city's communications efforts and assist the City (d a 23,250 square Positions Open on city Council in formulating priorities related to ° existing, smaller "" communications. r ,... led on the north by advisory COnlInISSlOIlS Applications are available af'Brcadyn "Center City Honeywell Credit Hall, 6301 Shingle Creek Parkway; or by calling Depu- south by County Positions are available on the following advisory ty City Clerk Sharon Knutson at 569 -3300. ✓e -story Brooklyn commissions to the Brooklyn Center City Council: ✓ _ FinanciaFCommission: Evaluates the cost effec- ce to the IRS, ac " tiveness of city services, programs and functions in _ ` on the plans. The light of the higher costs of services, state mandates ' MarC�lllg� J ` h011Or an ' on the property and a trend of decreasing intergovernmental revenue A own, the office to cities _t0 perform ill November e •Housing Commission Affords citizen input in the -o approved a development of a housing program to supplement the _ The Tri -Metro Honor Band Festival will be con - 'Iyan Olds, 6700 activities of the City Council. _ ducted at 7 p.m. Monday, Nov. _15, in the Brooklyn .ns to build two . 1_' Human Rights and Resources Commission: Pro- Center High School auditorium. Tickets are $3 at the includes new motes understanding and equal opportunity in em- & door. x 9 an employee ployment, housing, public accommodations, public _ : -, The festival combines the best band members from services and education, and full participation in the f. � -metro schools into one 60 -piece concert band and a ?� affairs of the community by advising the City Council ent jazz ensemble. The festival also pro- ` "on. long -range programs to improve further coin- .. vides me young musicians a chance to work with inanity relations in Brooklyn Centefi. leading college music directors. r ,- - d it `fit ark and Recreation Commiss Pion: Monitors an `reflects the attitudes Duetting the Honor's Concert Band will be Craig Kirchhoff, director of bands at the University of Min- and concerns of the residents J about the conservation of environmental resources in nesota• Paul Pizner, a professor at Hamlin Universi- Brooklyn Center. - ty, will direct the jazz band. Center will con Planning Commission Acts in an adviso ry ki Eight students from Brooklyn Center have been 11:3 Satur ` selected to perform. They are Andy Jarvima, `' thkdale- ity to the City Council on issues related to the French horn; David Short, trumpet; Andy Stephen - comprehensive planning .of land use and develop- son, trumpet; Ben Hawkins, trumpet; Jamie Lind - eek - Parkway, ment, rezoning and special use applications, plan ap- proval, variances and appeals quilt, baritone; Tim Krekelberg, drums; Shane `Phis will bean Those interested can obtam applications at Smith, clarinet; and Rodney Gilvertson, percussion. the people of Brooklyn Center City Hall, 6301 Shingle Creek The Brooklyn Center Marching Bank will. also pre - .sues that are Parkway, or call Deputy City Clerk Sharon Knutson sent "An Indoor Marching Spectacular" y 7:30 p.m. put to help set at 569 -3300. Final a F'�Y, Nov. 19, in the high school gymnasium. on." appointments will be made by the Tickets are available from any concert band member mayor and the City Council The application deadline s of Brooklyn is Nov. 26 or at the door for $1. y RE U,CKS BACK, VE S Y ou a SC thisiA�n� �nnn CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 :BFROOKLYN TELEPHONE: 569 -3300 C ENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE 911 NOTICE OF TWO VACANCIES BROOKLYN CENTER HOUSING COMMISSION Notice is hereby given that two vacancies exist on the Brooklyn Center Housing Commission. The general purpose of the Commission is to act in an advisory capacity to the City Council on issues related to housing. The Housing Commission meets on the 2nd Tuesday of each month. Interested persons can obtain an application at Brooklyn Center City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, or call Deputy City Clerk Sharon Knutson at 569 -3300. Final appointment will be made by the Mayor and City Council. APPLICATION DEADLINE IS NOVEMBER 22, 1993. [Posted at Brooklyn Center City Hall and Community Center October 20, 1993] [Published in the Brooklyn Center Sun -Post October 27, 1993] [Published in the Northwest News November 8, 1993] r!n�a' k IIIII — tt the 110111C Owner [tau, seen tnea ; : >. _ L ...Clt 0 ice 13ewc'e. German Shepherd. If no one an- v Qf`'�'►UJtS'�" Neu35 _-bey c� 19g3 ; .5 re the r. the susp ects would.r j G we d doo re d I has he °Letter tb the editor and the commun o- rob the a een t On_October 12, a brochure fromAppollo Security Comany was left "on , 4„ Kam, t , e door to my residence in Brooklyn, Pazk: This brochure was advertising security systems from P 0110 Security Judges and Edueatc Company, 3621 - 85th Av. N., Brooklyn Park The opening statement in this advertisement read, "Like many cities Partnership .to TeaCY x today, our city is experienciug ;a;ncrease� the number of home O Sg burglaries. „ �.r..Re u`ozi� I don't know where Appollo Sec urit�ot this information but it is ys y ^► K .. Toussaint, Jr . of inaccurate, misleading and wrong! y;. , c-k� z# `Judge Edward According to Brooklyn Park Police Department figures, the number of - is one of 1 Minneapolis 5 Minnesota C ; home burglaries in Brooklyn Park has ecrease i?i each caf the past three j who has formed a partner : r years. +` -- `; c atorstoassistinteach � c shipwithedu 1f'this'rriisleaciing information is indicative of their t siness practice%* ` conflict resolution skills to.stu I would recommend our citizens be w com , d y s? t Ar °�"7 •'e I1� :�2 � 2TS t '3 `` { � ; - �lrr �OY1L thG S� Clr f C ]� WaS C T 3 f i ? [' :`k^ s� i i'a' i a l a� ? 3 �! ?a � .s of i' initiated byjudge6 anK CC�LlCatOrS O = Sincerely. alation of conflict an 3 `- ' + ., _ s J r , reduce the a scd Lr violence among young people. Steve Flesland 'The judges in Minnesota Sup - Crime Prevention Officer; Brooklyn Park ? 7 j port the educators! initiatives in teaching conflict resolution and; mediation, said Chief Justice A.M. Keith. "As judges, we want to con =_ Brooklyn Center P B sic N OTICE tri bute to the prevention of violence Housing c o mmiss io n and establish ameaningt ulrelation= The City of Brooklyn Center Ship arrl0n$ State educators and has Vacancie will hold a public hearing regarding members of the state judiciary” •'7 the PARK AND RIDE FACILITY proposed for Judge Toussaint is paired With TWO Vacancies exist on the 65th Avenue and Brooklyn Boulevard Brooklyn Center Housing Com- Tom Schockemcehl_at North View mission. Meetings are scheduled - JuniorHigh schoolinBrooklyn lent on the second Tuesday of each MONDAY, OCTOBER 25, 1 dents learn non % 993 ' to help stu-violent month. _ 7:00 P M. ways of solving problems. The goals Interested persons can ob- of the school /court partnership are tain an application at Brooklyn BROOKLYN CENTER HALL •Establish communication a Center City Hall , 6301 Shingle 6301 Shingle Creek Pkwy: cooperation among educators and Br Cen- judges in an effort to support the Creek Parkway, Brooklyn ty Clerk Sharon positive development of children, -,'t,. ter, or call Depu Knutson at 569 -3300. •Contribute to violence prevent - Final appointment will b tion by validating and encouraging Os LntjWn ior High ,SCho01 the g of conflict resolution pro - made by the Mayor and the City schools Council. APPLICATION DEAD- WW LINE IS NOVEMBER 22, 1993. - (PACj Monday, octoaer zs Brooklyn Junior 7 :30 pm. to 9:00 AM- . i Parents GrouP NORTHWEST NEWS m 101 d t0 Meet Published twice monthly b in ROO Schedule NORTHWEST NEWSPAPERS, INC. 7946 Zane Avenue No. of 0.7L7e0 Jr. High - . - - ' - f •'..;.. Brooidyn Park, MN 55443 Information regarding Maple Brooklyn Junior High's second, istribuUOn into homes Free de and businesses 9 meeting of its parent group (Pmts within the city limits of Brooklyn Center Grove Senior High School will e P Brooldyn Park, Maple Grove and O b sseo, MN. P g r ou p . Involved in Education) will be held Maif subscription - $ 25.00 yearly Shared with � the anent r0U To subscribe, call: (s, z) 566-195 on 'Tuesday, FAX 2 October 26, at 7:00 (61) 566 -8986 Pat Milton ... _. -_ .. ..................... President; Publisher P.M. in the Media Center at Brook I' Roxana Benjamin ........ vice Pros., Managing Editor lyn Junior High. will Kathleen Pierce ......vice Pres., Classified Manager Th topic of the meeting 3 Nancy Zimmerman : : ......................... Graphic Design - centeraround support a Amy Kadiec _ .... ....................... Graphics &Editorial se c es a Terri Eggleston- Blix ............. ....................... Graphics NORTHWEST NW able for Students at BJH. The CO Associate t so sA S I e lair Sales C .. e .... s ................... stand .................. :.:.>:.::>::<:::::;;:::.;.::.;:::»::.;;:.;:«.>:;::»::: :< : : :.;; :.; :. : :. : > :.; :.; :.;; :., service � Judy Funding , ;:: 1 rs heal P Barb Kailigher ... ..........................Sales Associate . L Se Olga Palmer - ....... ................... Distribution Manager cialworker police liason officer. spe- r and ad- o Writer t staff coordina Sta O Leslie Kum... .... cial education O :> er ............. ...........................Stff Writer Staff r:>:.:.:: : :. >-` > : :� : > : :.; : : : : : :. :: the Ser Nancy Doerfl %? : ? :Q` UU rSWillSllIT1II1 ariZe f y Cartoonist mtnistrat0 Ga ry Mitchell .............. ............................... and i ry rovi DISPLAY SALES: 566- 1975 de for students vices they p from parents. c A lf. Saa_ftQRa answer questions be particularly�;.attrapUv u► . _ fishermen who don't: owti; a .�� -and i s h a n d i c a p p.e d ,.., dilapidated boat access : mother of two .young ctWdren, -pus high school, he said. boat. accessible. there." questioned the' wisdom of the Sullivan acknowledged the "Ever since I've been out Construction of the pier, district building a kindergarten DISTRICT 11: To page 15 center. Why not an elementary hat accident caused by veteran - cked t s ho Accident. Dau ghter would have do ?" member, belonging Normally Nelson l o a VFW From previous page Nelson has been a member of < a s , been with her mother who Nelson is searching for some mined that Aberle was driving the Clarence LaBelle Veterans to the Charles Knaebl e VFW Thursday good to come from the death of 57 mph in the residential area's of Foreign Wars Post Number Post 494 in Crystal, according to played almost every Y g night at Palmer Lake, but this mother. It may come when 30 mph speed zone, according to. 217 Auxiliary, now located in the state VFW office. Davis. Brooklyn Park, for 20 years. Not long ago, Aberle, applied night she had other obligations. she asks her fellow auxiliary Maben died at the scene of the; She has also garnered na- for a job as a door guard at the "I guess if I had gone, I'd have., members for help in starting car accident. Aberle was trans tional awards for her legislative Palmer Lake VFW, but was been taking her home like I pool or taxi programs for VFW to excess. ported to North Memorial efforts helping veterans. She turned down, said Janelle usually gu ess had been there, Id be pa trons I m going to ask the sisters to p still serves as chair of Cope Parry, club manager. Medical Center in Robbinsdale and Rehabilitation," a program When Nelson heard Aberle with my mom in heaven now." help me, so we don't lose any where he was treated for in p g released � days to help homeless vets and the was drunk the night of the acci- .;� Palmer ,Lake VFW members more loved ones," she said. 'cries and Y thinking paid their res 1� is to Maben by Her own pain put aside for just dent she recalls t g, ,. later.. unwed daughters of veterans. , The case has been turned over Nelson's husband, Donald, is a "Why? Had he a problem before = leaving a bingo card at her a moment, Nelson recognizes Vietnam veteran and a Navy Desert Storm, or during Desert �_`:`uneral. the tra torney's office for possible uma Aberle will carry to the Hennepin County possible r Storm? Or was it something that Nelson remains concerned, forever. Her 1 mother also supported happened because- of Desert about the negative perceptions "I feel for him knowing he'll prosecution. ?�� le have of VFW members, carry this for the rest of his life. "There is nothing that can br- veterans causes, Nelson ' said. Storm . people ing her back," Nelson said. With Frank, her husband of 54 The night of her death, Maben thee patrons and alcohol. I hope he'll get treatment and Nelson's involvement in Years, Maben would be hostess was returning from an evening "Why must we all be judged some kind of religion to help veteran's affairs extends to senior citizen coffee parties. playing bingo at the Palmer by what one person does ?" she him," she said. Aberle, the driver of the car' Lake VFW in Brooklyn Park, asked: "Why couldn't the 99 per - "But I'm still tery angry. beyond the accident that claim- that killed Nelson's mother, is - Nelson said. cent be looked at for the good we ed her mother's lifer oo e S� - OSt" b—a - 93 C enterbrook Golf Course Housing commission has Door -to -door food drive cuts rates for season 2 vacancies; apply now kicks off October 31 Centerbrook Golf Course has reduced its rates for Two vacancies exist on the Brooklyn Center Hous- Brooklyn Center High School students will conduct a fall the remainder of this year's golfing season, the city of ing Commission. food drive for the Community Emergency Assistance Brooklyn Center announced last week. Those interested in serving can get an application Program (CEAP) from 3 p.m. to 5 p.m. Oct. 31. Students Fees are now $5 a round regardless of age or the at Brooklyn Center City Hall, 6301 Shingle Creek wear CEAP indentification will go door -to -door col - day of the week. Parkway, or call Deputy City Clerk Sharon Knutson letting the food. Non-perishable foods are suggested for donations to Usual rates for the nine -hole, par -three course at 569 -3300. if your home is not contacted, and you range from $8 on the weekends to $6.50 on weekdays The Housing Commission advises the Cit y Council the students. would like to contribute, call Robbie Reasoner at for seniors and juniors. on issues related to housing. It meets on the second Centerbrook is a city -owned golf course located at Tuesday of each month. 561 -2120, ext. 331, and someone will come to pick up the 5500 Lilac Drive N. in Brooklyn Center. The course City Council members will make the final appoint donation. will remain open this year "until the snow is too deep ments some time after the application deadline of . to play," according to a city press release. Nov. V. CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE: 569 -3300 C ENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE 911 October 27, 1993 Dear Advisory Commission Applicant: An open application process has been established for all City advisory commissions, including Financial Commission, Housing Commission, Human Rights and Resources Commission, Park and Recreation Commission, and Planning Commission. Since you have previously expressed interest and completed an application for appointment to an advisory commission, Mayor Paulson suggested you be notified of this open application process to inquire if you continue to have an interest in serving on a commission. Please call me at 569 -3306 if you are interested in applying for any of the City's advisory commissions. The Mayor and City Council will be appointing commissioners at the first meeting in December. Thank you. Sincerely, �A" q�m� Sharon Knutson Administrative Assistant /Deputy City Clerk CITY OF BROOKLYN CENTER enc. 1lE6Al1MEfiCACtfY Mr. Joel Hilstrom Mr. Richard Hilstrom Mr. Robert Kensinger 3 6th Avenue North 6107 Perry Avenue North 2619 65th Avenue North yn Center, MN 55429 Brooklyn Center, MN 55429 Brooklyn Center, MN 55430 Mr. Wayde Lerbs Mr. Dean Nyquist Lee W. Anderson 5107 East Twin Lake Boulevard 5701 June Avenue North 5344 North Lilac Drive Brooklyn Center, MN 55429 Brooklyn Center, MN 55429 Brooklyn Center, MN 55430 Scott Malcolm Charles W. Gustafson 7018 Fremont Avenue North 3801 66th Avenue North Brooklyn Center, MN 55430 Brooklyn Center, MN 55429 Dorothy Stiele Duane Betker Richard Campbell 3349 49th Avenue North 7025 Knox Avenue North 4521 Kathrene Drive Brooklyn Center, MN 55429 Brooklyn Center, MN 55430 Brooklyn Center, MN 55429 Jack Kelly Mark Yelich Myrna Kragness 6129 Scott Avenue North 6018 Beard Avenue North 3401 63rd Avenue North yn Center, MN 55429 Brooklyn Center, MN 55429 Brooklyn Center, MN 55429 Vincent Opat Beverly Wolfe 6012 York Avenue North 1707 Amy Lane Brooklyn Center, MN 55429 Brooklyn Center, MN 55430 0 CITY 6301 SHINGLE CREEK PARKWAY OF B ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE: 569 -3300 C ENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE October 20, 1993 911 Dear Advisory Commission Applicant: The Brooklyn Center Housing Commission has two vacancies due to resignations by two of the members. Since you have previously expressed interest and completed an application for appointment to an advisory commission, Mayor Paulson suggested you be notified of these vacancies to inquire if you continue to have an interest in serving on one of Brooklyn Center's advisory commissions. Please call me at 569 -3306 if you are interested in applying for the Housing Commission. The Mayor and City Council will be appointing commissioners sometime in mid- December. Thank you. Sincerely, Sharon Knutson Administrative Assistant /Deputy City Clerk CITY OF BROOKLYN CENTER enc. cc: Mayor and City Council Members Mr. Joel Hilstrom Mr. Richard Hilstrom Mr. Robert Kensinger 3 6th Avenue North 6107 Perry Avenue North 2619 65th Avenue North yn Center, MN 55429 Brooklyn Center, MN 55429 Brooklyn Center, MN 55430 Mr. Wayde Lerbs Mr. Dean Nyquist Lee W. Anderson 5107 East Twin Lake Boulevard 5701 June Avenue North 5344 North Lilac Drive Brooklyn Center, MN 55429 Brooklyn Center, MN 55429 Brooklyn Center, MN 55430 Scott Malcolm Noah Bridges Charles W. Gustafson 7018 Fremont Avenue North 6712 Emerson Avenue North 3801 66th Avenue North Brooklyn Center, MN 55430 Brooklyn Center, MN 55430 Brooklyn Center, MN 55429 Dorothy Stiele Duane Betker Richard Campbell 3349 49th Avenue North 7025 Knox Avenue North 4521 Kathrene Drive Brooklyn Center, MN 55429 Brooklyn Center, MN 55430 Brooklyn Center, MN 55429 FINANCIAL CONrYUSSION Financial Commission meets on the 1st Monday of each month, 7:30 p.m., City Hall. The Financial Commission advises the City Council on financial matters in Brooklyn Center. Commissioners serve a three -year term. Chairperson and six members. Donn Escher, Chairperson Lawrence Peterson 3107 65th Avenue North (29) 5830 June Avenue North (29) 561 -4533 537 -7022 7/13/92 - 12/31/93 10/25/93- 12/31/95 Denis Kelly Ned Storla 7130 Fremont Avenue North (30) 4207 Lakeside Avenue North, #328 (29) 561 -1022 535 -5431 7/13/92 - 12/31/95 4/26/93 - 12/31/94 Ulyssess Boyd Ron Christensen 4807 Azelia Avenue North (29) 6101 June Avenue North (29) 537 -3215 533 -1930 7/13/92- 12/31/93 7/13/92- 12/31/93 Viola "Vi" Kanatz 2901 O'Henry Road (30) 561 -3069 7/13/92- 12/31/94 FOR FURTHER INFORMATION CALL 569 -3300 7 HOUSING CON NUSSION Housing Commission meets on the 2nd Tuesday of each month, 7:30 p.m., City Hall. The Housing Commission advises the City Council on housing matters in Brooklyn Center. Commissioners serve a three -year term. Chairperson and eight members. Todd Cannon 2205 Brookview Drive (30) 566 -0372 2/22/93- 12/31/95 Robert Torres 4501 Winchester Lane (29) 566 -2875 12/5/88- 12/31/94 Jon Perkins Neal Nelson 3719 72nd Avenue North (29) 3519 53rd Place (29) 560 -8755 537 -5228 7/23/90- 12/31/95 3/27/89 - 12/31/94 Ernie Erickson John R. Kalligher 6800 Drew Avenue North (29) 5548 Girard Avenue North (30) 560 -0092 566 -3836 8/28/89- 12/31/94 8/28/89 - 12/31/93 Kathleen Carmody 6312 Brooklyn Drive (30) 566 -3114 2/22/93- 12/31/95 FOR FURTHER INFORMATION CALL 569 -3300 8 HUMAN RIGHTS AND RESOURCES COMNUSSION Human Rights and Resources Commission meets on the 2nd Wednesday of each month, 7:30 p.m., City Hall. The Human Rights and Resources Commission advises the City Council on the protection of civil rights and the preservation of human needs in the community. Commissioners serve a three -year term. Chairperson and six members. Donna Stoderl, Chairperson Sherry Maddox 5455 Emerson Avenue North (30) 5711 Knox Avenue North (30) 566 -9461 560 -8926 2/13/84 - 12/31/95 4/26/93- 12/31/94 Agatha Eckman Sharon Achtelik 5624 Humboldt Avenue North (30) 3213 Thurber Road (29) 560 -6825 566 -1914 10/13/86- 12/31/94 4/22/91 - 12/31/93 Susan Larsen Brown Julie Eoloff 5829 Shores Drive (29) 6015 Aldrich Avenue North (30) 533 -3947 566 -2913 6/22/87- 12/31/95 4/22/91- 12/31/93 Daniel Reiva 1707 Amy Lane (30) 566 -3889 8/9/93 - 12/31/94 Trayce Olsen 3910 65th Avenue North #4 (29) 537 -9020 8/9/93- 12/31/93 FOR FURTHER INFORMATION CALL 569 -3300 0 9 PARK AND RECREATION CONB41SSION Park and Recreation Commission meets on the 3rd Tuesday of each month, 7:30 p.m. City Hall. The Park and Recreation Commission advises the City Council on the park and recreation program in Brooklyn Center. Commissioners serve a three -year term. Chairperson and six members. Arvid (Bud) Sorenson, Chairman Art Mead 6901 Toledo Avenue North (29) 3825 56th Avenue North (29) P.S.A. III P.S.A. V 566 -4524 537 -9186 9/24/79 - 12/31/93 5/9/88 - 12/31/95 Sarah Robinson Pollock Thomas Shinnick 7018 Girard Avenue North (30) 5324 Oliver Avenue North (30) P.S.A. II P.S.A. I 566 -9160 560 -0273 5/23/88- 12/31/95 11/13/89- 12/31/94 Don Peterson Margaret Knutson 3715 58th Avenue North (29) 3300 66th Avenue North (29) P.S.A. V P.S.A. IV 533 -5949 566 -3622 11/7/83 - 12/31/95 11/8/93- 12/31/94 John Russell 5312 North Lilac Drive (30) P.S.A. V 588 -5416 11/13/89- 12/31/93 FOR FURTHER INFORMATION CALL 569 -3300 10 PLANNING CONMSSION Planning Commission n meets on the 2nd and 4th Thursday of each month, 7:30 p.m., City Hall. The Planning Commission advises the City Council on planning, zoning, sign, and subdivision matters. Commissioners serve a two -year term. Chairperson and six members. Ella Sander, Chairperson Debra Hilstrom 6732 Willow Lane North (30) 3509 66th Avenue North (29) 566 -0460 561 -6487 9/6/88- 12/31/93 2/22/93- 12/31/94 Robert Mickelson Dianne Reem 4006 61st Avenue North (29) 6225 Chowen Avenue North (29) 536 -9187 561 -2690 12/28/92 - 12/31/94 2/22/93- 12/31/94 Mark Holmes Bertil Johnson 7207 Grimes Avenue North (29) 5333 E. Twin Lake Blvd. (29) 560 -3036 537 -1823 1/8/90 - 12/31/93 1/11/88 - 12/31/93 Tim Willson 6718 Colfax Avenue North (30) 566 -6423 2/22/93 - 12/31/94 FOR FURTHER INFORMATION CALL 569 -3300 11 r ' yy� 1 � �' Oiiii• i ❖O �. Pi ❖ :•i � I I 0i O y.•� �•i •i ,, J • t •1 ' ..t, . i �� �• -- .5. Owu EL '� B� :ti�S � '' -�•� � _ I mo' '�i+ t 1' t I a — . ITl•••i••� �����t1F� y G� � X111 �,�,! II �. IIII � - �� 11 IQ •��� �• • • 1 1 a0 � ` • 0•i • • • Oii p...., r— iiii�#_ � ' � •ii0 vry `�-. a i► . -:t % 11 111111 � r•J �I���IIIIIIII '' ..111 ���►� . WEER- _ � - ••p•.•, - 'cwt _ ,•.:.�Pi •' :� � . _ �� •*ice •� ♦._ WIN ISM� �E s Jll V 1 u�'I"'i1�� ��1 • — — ,/// /_� 1111111 � — �/ X111 I IE IE 111 IE li �'!� m W. � 111 �`! "IL I II II II :� � 1 111 1 Q'"�1 "�a. '� O ' i�•i 0000 i _ � ► :� � � ��.1 �� Ate s ��.y. , �j y �i, ii - Ir- -- � �► r 00,,• � •:O ,rrw 1 • .4LL`•AL ���!�. 1� /•� -. VIII ,.� :� � � ____ ,.�, pop CITY OF BROOKLYN CENTER Council Meeting Date 12/6/93 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: PUBLIC HEARING: ON PROPOSED ISSUANCE OF REVENUE BONDS TO FINANCE A PROGRAM UNDER MINNESOTA STATUTES CHAPTER 462C FOR THE ACQUISITION AND REHABILITATION OF A MULTIFAMILY HOUSING DEVELOPMENT DEPT. APPROVAL: ti ^4y✓ f' ���c',�y,,��3s'� % �y'a.. ,yam.:✓ � - -- �' Tom Bublitz, Community Development Specialist tY P P P::' Z � . MANAGER'S REVIEW/RECOn/IlVIEENDATION. No comments to supplement this report Comments below /attached SUN MARY EXPLANATION: su lemental sheets attached X � PP ) At the November 8, 1993 City Council meeting, the Brooklyn Center City Council authorized a public hearing on the proposed issuance of revenue bonds to finance a program under Minnesota Statutes Chapter 462C for the acquisition and rehabilitation of a multifamily housing development (The Ponds). Notice of the public hearing was published in the City's official newspaper on November 17, 1993. The public hearing is scheduled for 7:00 p.m. this evening, and representatives of the Community Housing Development Corporation, the or organization requesting the revenue tY g P g q g bonds, will be present to answer any questions. A copy of the public hearing notice published on November 17, 1993, and a copy of the program for the financing of the multifamily rental housing development is included for your information. A copy of the council request form from November 8, 1993 is also included for information purposes. Additionally, copies of the following documents are included with this request form: 1. Loan Agreement and Indenture of Trust; 2. Regulatory Agreement; and 3. Combination Mortgage, Security Agreement, and Fixture Financing Statement The applicant is requesting approval of a resolution providing for preliminary and final approval of the sale of the revenue bonds for the project. A copy of the resolution is included with this request form. RECOMMENDED CITY COUNCIL ACTION Staff recommends approval of the Resolution Authorizing the Financing of a Housing Program Under Minnesota Statutes, Chapter 462C, Authorizing the Issuance of Multifamily Housing Revenue Bonds (The Ponds Family Housing Project), Series 1993, in the Aggregate Principal i Amount Not to Exceed $5,440,000 to Finance the Program, Approving and Authorizing the Execution of Various Documents in Connection Therewith. • NOTICE OF PUBLIC HEARING ON PROPOSED ISSUANCE OF REVENUE BONDS TO FINANCE A PROGRAM UNDER MINNESOTA STATUTES, CHAPTER 462C FOR THE ACQUISITION AND REHABILITATION OF A MULTIFAMILY HOUSING DEVELOPMENT CITY OF BROOKLYN CENTER NOTICE IS HEREBY GIVEN that the Brooklyn Center City Council (the "Council ") will hold a public hearing on Monday, December 6, 1993, at 7:00 p.m. at City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, to consider a program for the issuance of revenue bonds under Minnesota Statutes, Chapter 462C, as amended, to finance a multifamily housing development (the "Program "). At the public hearing the Council will consider adoption of a resolution giving preliminary approval to the issuance of revenue bonds under the Program for the acquisition and rehabilitation of the Ponds Family Housing Project. The aggregate face amount of revenue bonds proposed to be issued to finance the Project is presently estimated not to exceed $5,500,000. The Project consists of a 112 -unit multifamily rental facility located at 5446 Ponds Drive in the City of Brooklyn Center (the "Project "), and will be owned and operated by Community Housing Development Corporation, a Minnesota nonprofit corporation. The Project includes 61 two - bedroom and 51 three - bedroom units. The revenue bonds will be issued by the City of Brooklyn Center. The revenue bonds will be limited obligations of the issuer payable solely from the revenues pledged to the payment thereof, and will not be a general obligation of, or be secured by the taxing power of the City of Brooklyn Center. Anyone desiring to be heard during this public hearing will be afforded an opportunity to do so. Dated: November 8, 1993 By: Brad Hoffman Its: Community Development Director (Published in the Brooklyn Center Sun -Post on November 17, 1993) APPENDIX A PROGRAM FOR THE FINANCING OF MULTIFAMILY RENTAL HOUSING DEVELOPMENT Pursuant to Minnesota Statutes, Chapter 462C (the "Act "), the City of Brooklyn Center (the "City") has been authorized to develop nd administer Y p programs of multifamily housing developments under the circumstances and within the limitations set forth in the Act. Minnesota Statutes, Section 462C.07 provides that such programs for multifamily housing developments may be financed by revenue bond s s issued by the City. The City has determined that it is in the best interests of the residents of the City to create a program of financing to encourage and facilitate the development of multifamily rental housing developments for families in the City (the "Program "). The City has received a proposal from representatives of Community Housing Development Corporation (the "Developer ") , that, pursuant to the authority found in the Act, the City approves a program providing for the acquisition of the Ponds Family Housing Project, a multifamily housing development located at 5446 Ponds Drive in the City (the "Project "). The acquisition of the Project is to be funded through the issuance of up to $5,500,000 in revenue bonds issued by the City (the "Bonds ") . Twenty percent (20 %) of the units financed will be specifically reserved for tenants whose incomes are not greater than eighty percent (80 %) of the area median income. The City, in establishing this multifamily housing program ( the "Program ") , has considered the information contained in the City's 462C Housing Plan (the "Housing Plan ") , including particularly (i) the availability and affordability of other government housing programs; (ii) the availability and affordability of private marketing financing for the construction of multifamily housing units; (iii) an analysis of population, unemployment trends and projections of future population trends and future employment needs; (iv) the recent housing trends and future housing needs of the City; and (v) an analysis of how the Program will meet the needs of persons and families residing and expected to reside in the City. The City, in adopting the Program, has further considered (i) the amount, timing and sale of Bonds to finance the estimated costs of the housing units, to fund the appropriate reserves and to pay the cost of issuance; (ii) the method of monitoring and implementation of the Program to insure compliance with the City's housing plan and its objectives; (iii) the method of administering, servicing and supervising the Program; (iv) the costs of the City, including future administrative expenses; (v) the restrictions on the multifamily development to be financed under the Program; and (vi) certain other limitations. The City, in adopting the Program, considered the potential financing impact of a bond issuance on affected public agencies. In addition, the City reviewed the method of marketing the Program. Such review examined the equal opportunity for participation by (i) minorities; (ii) households with incomes at the lower end of the range that can be served by the Program; (iii) households displaced by public or private actions; (iv) elderly persons; and (v) accessibility to the handicapped. The Project will be constructed and financed pursuant to Subdivision 1 of Section 462C.05 of the Act. SNG60395 BR291 -115 A -1 Subsection A. Definitions The following terms used in this Program shall have the following meanings, respectively: (1) "Act" shall mean Minnesota Statutes, Section 462C.01, et seq. , as currently in effect and as the same may be from time to time amended. (2) "Adjusted Gross Income" shall mean gross family income less $750 for each adult and less $500 for each other dependent in the family. (3) "Bonds" shall mean the revenue bonds to be issued by the City to finance the Program. (4) "City" shall mean the City of Brooklyn Center, State of Minnesota. (5) "Developer" shall mean Community Housing Development Corporation, a Minnesota nonprofit corporation. (6) "Housing Plan" shall mean the City of Brooklyn Center 462C Housing Plan, as amended, setting forth certain information required by the Act. (7) "Housing Unit" shall mean any one of the 112 townhouse units located in the Project, occupied by one person or family, and containing complete living facilities. (8) "Land" shall mean the real property upon which each Project is situated. (9) "Program" shall mean the program for the financing of the Projects pursuant to the Act. (10) "Project" shall mean the Bonds Family Housing Project. Subsection B. Program For Financing the Project It is proposed that the City establish this Program to provide financing for acquisition of the Project to be owned by the Developer, or a related entity, at a cost and upon such other terms and conditions as are set forth herein and as may be agreed upon in writing between the City, the initial purchaser of the Bonds and the respective Developer. To do this, the City expects to issue Bonds the proceeds of which will be loaned to the Developer for financing the acquisition and renovation of the Project. It is expected that a trustee will be appointed by the City to monitor the renovation of the Project and payments of principal and interest on the Bonds. The cost of any additional security devices for the Bonds will be borne by the Developer and payable in addition to the principal and interest on the Bonds except as otherwise provided by resolution of the City. It is contemplated that the Bonds shall have a maturity of thirty (30) years and will be priced to the market at the time of issuance. The City will hire no additional staff for the administration of the Program. The City intends to select and contract with a financial institution or trustee, experienced in trust matters to administer the Bonds. Insofar as the City will be contracting with underwriters, legal counsel, bond counsel, the trustee, and others, all of whom will be reimbursed from bond proceeds and revenues generated by the Program, no administrative costs will be paid from SNG60395 BR291 -115 A -2 the City's budget with respect to this Program except as otherwise provided by resolution of the City. The Bonds will not be general obligation bonds of the City, but are to be paid only from properties pledged to the payment thereof, which may include additional security such as additional collateral, insurance or a letter of credit. Subsection C. Local Contributions To The Program It is presently contemplated that the City will not use other financial initiatives in conjunction with the Project. Subsection D. Standards and Requirements Relating to the Financing of the Projects Pursuant to the Program The following standards and requirements shall apply with respect to the operation of the Project by the Developer pursuant to this Program: (1) Substantially all of the proceeds of the sale of the Bonds will be used to provide funds for the acquisition and rehabilitation of the Project. The funds will be made available to the Developer pursuant to the terms of the Bond offering, which may include certain covenants to be entered into between the City and the Developer. (2) The Developer or subsequent owner of the Project will not arbitrarily reject an application from a proposed tenant because of race, color, creed, religion, national origin, sex, marital status, or status with regard to public assistance or disability. (3) No Housing Unit may be in violation of applicable zoning ordinances or other applicable land use regulations, including any urban renewal plan or development district plan, and including the state building code as set forth under Minnesota Statutes, Section 16.83, et seq. Subsection E. Evidence of Compliance The City may require from the Developer or such other person deemed necessary at or before the issuance of the Bonds, evidence satisfactory to the City of the ability and intention of the Developer to complete the Project, and evidence satisfactory to the City of compliance with the standards and requirements for the making of the financing established by the City, as set forth herein; and in connection therewith, the City or its representatives may inspect the relevant books and records of the Developer in order to confirm such ability, intention and compliance. In addition, the City may periodically require certification from either the Developer or such other person deemed necessary concerning compliance with various aspects of the Program. Subsection F. Issuance of Bonds To finance the Program authorized by this Section the City may b resolution authorize issue and sell its Revenue Bonds on Y Y one or mores series, and using and additional credit enhancement devices determined by the City to be necessary or desirable for each such series, in an aggregate principal amount estimated to be up to $5,500,000. The Bonds shall be issued pursuant to Section 462C.07, Subdivision 1 of the Act, and shall be payable primarily from the revenues of the Program authorized by this Section. The City anticipates the issuance of such amount prior to the end of 1993, but may defer the issuance to 1994. Subsection G . Severability . The provisions of this Program are severable and if any of its provisions, sentences, clauses or paragraphs shall be held SNG60395 BR291 -115 A -3 unconstitutional, contrary to statute, exceeding the authority of the City or otherwise illegal or inoperative by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Subsection H. Amendment The City shall not amend -this Program while Bonds authorized hereby are outstanding, to the detriment of the holders of such Bonds. SNG60395 BR291 -115 A -4 CITY OF BROOKLYN CENTER Council Meeting Date 11/8/93 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION CALLING FOR A PUBLIC HEARING ON PROPOSED ISSUANCE OF REVENUE BONDS TO FINANCE A PROGRAM ANDER MINNESOTA STATUTES, CHAPTER 462C FOR THE ACQUISITION AND ITATION OF A MULTIFAMILY HOUSING DEVELOPMENT ******** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: F F . r•: Tom Bublitzz / Community Development Specialist MANAGER'S REVIEW/RECOMMENDATION: 0 No comments to supplement this report . Comments below /attached ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUNDJARY EXPLANATION: (supplemental sheets attached X ) Over the past year, Westminster Housing Corporation had been negotiating with the owner of The Ponds and the Minnesota Housing Finance Agency (MHFA) to purchase The Ponds. The project owner is a limited partnership, and the MHFA holds the mortgage on the property. Westminster and the MHFA were not able to come to agreement over the terms of the purchase, and Westminster is no longer pursuing the acquisition of The Ponds. Within the past few weeks another nonprofit, the Community Housing Development Corporation, has signed a purchase agreement on The Ponds. The Community Housing Development Corporation is a nonprofit corporation and is qualified as a tax exempt organization pursuant to Section 501(c)(3) of the Internal Revenue Code. As a brief review of the property to be acquired, The Ponds is a 112 -unit townhouse project that consists of 61 two- bedroom units and 51 three- bedroom units. It is located at 5446 Ponds Drive. The development is located on 17.44 acres of land and is contained in 11 separate townhouse -type structures. The Ponds has 32 garage spaces and 190 parking spaces. The project was constructed in 1978 with permanent financing by the Minnesota Housing Finance Agency and a long -term Section 8 Housing Assistance Payments Contract from the Department of Housing and Urban Development. The Community Housing Development Corporation has indicated that one of its goals in the purchase of The Ponds is to enhance the quality of life of the residents through a strong measure of resident involvement. The particular structure of ownership the nonprofit has elected to use in this acquisition is to establish a leasehold cooperative. The leasehold cooperative ownership structure is specified in Minnesota Statutes 273.124. One of the requirements in establishing a leasehold cooperative is that a Cooperative Association comprised of the residents must be formed. According to state law, the Cooperative Association must have a lease for occupancy of the property for a term of at least 20 years, and which involves the Cooperative Association in the management of the property, including participation in establishing budgets, setting rent levels, and hiring and supervising a management agent. In a leasehold cooperative the residents do not actually own the property, but they do, as required by state law, participate in the management of the property. As protection for the owners of the property, the Cooperative Association can be dissolved if it does not meet the terms of the lease. In addition to the Cooperative Association's involvement in the management of the property, one of the other major features of a leasehold cooperative is, for tax purposes, the property is taxed at the homestead tax rate. This would mean the conversion of The Ponds to a leasehold cooperative would result in a reduction of total tax revenues of approximately $69,673 annually. This would mean a reduction in City tax revenues of approximately $12,400 annually. One of the questions the City must consider in the leasehold cooperative approach is whether or not the tradeoff in tax revenues would be offset by an improved approach to long -term management of the complex envisioned by the Cooperative structure. The Community Housing Development Corporation is requesting the City of Brooklyn Center to issue 501(c)(3) housing revenue bonds to facilitate the acquisition of The Ponds by the nonprofit. The bonds are not general obligation bonds of the City, but are revenue bonds only and are similar to other revenue bonds in that the bonds will not be general obligation bonds of the City, but are to be paid only from properties pledged to the payment of the bonds, which is essentially the complex itself and the revenues generated by The Ponds housing development. Included with this request form is background information on the Community Housing Development Corporation and Brighton Development Corporation. This information was submitted by the Community Housing Development Corporation. The nonprofit Community Housing Development Corporation is affiliated with Brighton Development Corporation, which is a privately owned housing development corporation that specializes in the development of housing in Minnesota. The resolution included with this council request form, if approved by the City Council, would set a public hearing on the issuance of revenue bonds to finance the acquisition of The Ponds. The public hearing would be held on December 6, 1993, at the regularly scheduled City Council meeting. The resolution also includes the program for the financing of the multifamily rental housing development and the public hearing notice to be published in the City's official newspaper. The total estimated cost of the acquisition and rehabilitation of The Ponds, as submitted by the Community Housing Development Corporation, is $6,400,000, which includes $346,000 in rehabilitation costs. The request for the issuance of revenue bonds is in the amount of $5,500,000. RECOMMENDED CITY COUNCIL ACTION Staff recommends approval of the Resolution Calling for a Public Hearing on Proposed Issuance of Revenue Bonds to Finance a Program Under Minnesota Statutes, Chapter 462C for the Acquisition and Rehabilitation of a Multifamily Housing Development. y n p Holmes & Graven, Chartered - A Second Draft n = Deletion A December 1., ;1993 .....:. ..........:. ....................:::. = Insertion CITY OF BROOKLYN CENTER, MINNESOTA, Issuer COMMUNITY HOUSING DEVELOPMENT CORPORATION, Owner and NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION Trustee LOAN AGREEMENT AND INDENTURE OF TRUST Dated as of December 1, 1993 MULTIFAMILY HOUSING REVENUE BONDS (The Ponds Family Housing Project) Series 1993 This instrument drafted by: HOLMES & GRAVEN, Chartered 470 Pillsbury Center Minneapolis, Minnesota 55402 (612) 337 -9300 SNG61080 BR291 -115 LOAN AGREEMENT AND INDENTURE OF TRUST THIS LOAN AGREEMENT AND INDENTURE OF TRUST (the "Indenture ") dated as of December 1, 1993, by and among the City of Brooklyn Center, Minnesota, a municipal corporation of the State of Minnesota (the "Issuer ") , Community Housing Development Corporation, a Minnesota nonprofit corporation (the "Owner ") , and Norwest Bank Minnesota, National Association, a national banking association duly established, existing and authorized to accept and execute trusts of the character herein set out, with its principal office at Minneapolis, Minnesota (the "Trustee "): WITNESSETH WHEREAS: 1. Pursuant to the laws of the State of Minnesota, particularly Minnesota Statutes, Chapter 462C (the "Act ") , the Issuer is authorized to make loans for the acquisition and rehabilitation of an existing building and site to be operated as a multifamily housing development for rental to persons and families of low and moderate income, and to issue its revenue bonds to provide funds for such purpose. 2. The Owner proposes to acquire a 112 -unit multifamily housing project to be operated for rental primarily to persons and families of low and moderate income, and has requested the Issuer to make a loan for the purpose of financing such acquisition and rehabilitation including related costs (including financing costs) . 3. The Issuer now finds it necessary and in the public interest to issue its Multifamily Housing Revenue Bonds (The Ponds Family Housing Project) , Series 1993, in the aggregate principal amount of $ , the proceeds of which will be loaned to the Owner upon the terms hereinafter set forth. 4. All things necessary to make the Bonds, when authenticated by the Trustee and issued as in this Indenture provided, valid, binding and legal limited obligations of the Issuer according to the import thereof, and to constitute this Indenture a valid contract for the security of the Bonds, have been done and performed; and the creation, execution and delivery of this Indenture, and the creation, execution and issuance of said Bonds, subject to the terms hereof, have in all respects been duly authorized; NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS, THIS INDENTURE WITNESSETH: The Issuer, in consideration of the premises and the acceptance by the Trustee of the trusts hereby created and of the purchase and acceptance of the Bonds by the Holders (as herein defined) thereof, in order to secure the payment of the principal of and interest and premium, if any, on the Bonds according to their tenor and effect and the performance and observance by the Issuer of all the covenants expressed or implied herein and in the Bonds, does hereby grant, mortgage, grant a security interest in, assign, transfer in trust, and pledge to the Trustee, and to its successors in trust, and to them and their assigns forever, the following: SNG61080 BR291 -115 1 ARTICLE ONE Definitions, Exhibits and General Provisions Section 1.1. Definitions In this Indenture the following terms have the following meanings unless the context hereof clearly requires otherwise: Act Minnesota Statutes, Chapter 462C, as the same may now exist or be hereafter amended or supplemented; Assignment of HAP Contract the Assignment of HAP Contract, dated as of December 1, 1993, from the Owner to the Trustee, and approved by HUD and MHFA; Authorized Newspaper a newspaper or newspapers furnishing financial news as part of its service and printed in the English language, which newspaper is published daily or weekly circulated throughout the State; Authorized Officer when used with respect to the Issuer, means the City Manager of the Issuer or such other officer or officers of the Issuer from time to time designated as the Authorized Officer with respect to the Bonds by resolution of the Issuer, and when used with respect to the Owner, means the President or Vice - President of the Owner or such other representative of the Owner from time to time designated as such by resolution of the Owner; Beneficial Owner the person for which a Depository Participant holds an interest in the Bonds, as shown on the books and records of the Depository Participant; Bond Closing the date on which there is delivery by the Issuer of, and payment for, the Bonds; Bond Counsel the firm of Holmes & Graven, Chartered of Minneapolis, Minnesota, or any other firm of nationally recognized bond counsel experienced in tax exempt financing selected by the Issuer and acceptable to the Trustee; Bond Fund the fund created by Section 5.1(II) of the Indenture; Bondholder or Holder the person in whose name a Bond is registered in the Bond Register; Bond Redemption Fund the fund created by Section 5.1( VII) of the Indenture; Bond Register the register maintained by the Trustee pursuant to Section 2.10; Bond Reserve Requirement $ ; Bonds the City of Brooklyn Center, Minnesota Multifamily Housing Revenue Bonds (The Ponds Family Housing Project), Series 1993; Bond Year the first Bond Year is the period ending on December 1, 1994, and each subsequent Bond Year is the period commencing on the day after the end SNG61080 BR291 -115 4 Eligible Funds any amounts accompanied by an unqualified opinion of a nationally recognized bankruptcy counsel acceptable to the Trustee to the effect that such sums are not ubject to the provisions of Sections 362(a) and 547 of the Federal J Bankruptcy Code. Eligible Tenants or Occupants with respect to the Project, persons who qualify for housing assistance under Section 8 of the Act, as amended, in accordance with published standards of HUD; Event of Default any of the events set forth in Section 8.1; Extraordinary Revenues Net Proceeds, but such term shall not include use and occupancy insurance proceeds and rental loss insurance proceeds; Fiscal Year the Owner's fiscal year, which runs from January 1 to December 31, or such other 12 -month period as designated by the Owner from time to time; HAP Contract the Housing Assistance Payments Contract with respect to Project No M146 H1 &2 19 between MHFA and the Prior Owner, and assigned to ......::::.., . ...:.....::::....:........::::. Owner; Holder or Bondholder the person in whose name a Bond is registered in the Bond Register; Housing Assistance Payments or HAP Payments those moneys payable under the HAP Contract with respect to each dwelling unit of the Project; HUD the United States Department of Housing and Urban Development, and its successors and assigns; Indenture this Loan Agreement and Indenture of Trust by and among the Issuer, the Owner and the Trustee, as the same may from time to time be amended or supplemented as herein provided; Independent Architect any architect or firm of architects or engineer or firm of engineers designated by the Issuer and duly licensed in the State, who is not a full -time employee or officer of the Issuer or the Owner; Independent Counsel any attorney designated by the Trustee, duly admitted to practice law before the highest court of any state, who may be counsel to the Issuer or Owner but who may not be an officer or a full time employee of the Issuer or the Owner; Insurance and Tax Escrow Fund the fund created by Section 5.1(V) of the Indenture; Interest Payment Date A January 1 or A July 1, commencing A July 1, 1994; Internal Revenue Code or Code the Internal Revenue Code of 1986, as amended and all applicable Treasury Regulations; Investment Agreement SNG61080 BR291 -115 6 Issuer the City of Brooklyn Center, Minnesota, its successors and assigns; A Letter of Representations the Letter of Representations or other documentation required by the Depository as a condition to its acting as book -entry depository for the Bonds, together with any replacement thereof or amendment or supplement thereto (and including any standard procedures or policies referenced therein or applicable thereto) respecting the procedures and other matters relating to the Depository's role as book -entry depository for the Bonds; MHFA the Minnesota Housing Finance Agency; Maintenance and Replacement Fund means the fund created by Section 5.1(V ) of the Indenture; Mandatory Redemption Payments the payments which are required to be made to redeem' Bonds in accordance with a Mandatory Redemption Schedule after appropriate credits, if any, have been made; Mandatory Redemption Schedule the mandatory redemption schedule for the Bonds set forth in Section 3.01(2) hereof; Maturity Date any date on which principal of or interest or premium, if any, on Bonds is due, whether at maturity, on a scheduled interest payment date, or upon redemption or acceleration, or otherwise; Mortgage the Combination Mortgage, Security Agreement and Fixture Financing Statement from the Owner to the Trustee, as it may be supplemented from time to time; Net Proceeds with respect to any insurance payment or condemnation award, the amount (including earnings thereon) remaining after deduction of all expenses reasonably incurred by the Trustee or the Owner in the collection thereof, including but not limited to attorneys' fees, witness fees and any extraordinary fees, costs, advances and expenses of the Trustee or the Owner in connection therewith; Outstanding Bonds as of the date of determination, all Bonds theretofore issued and delivered under this Indenture except: (A) Bonds theretofore cancelled by the Trustee or Paying Agent or delivered to the Trustee or Paying Agent cancelled or for cancellation; (B) Bonds for which payment or redemption moneys or securities (as provided in Article Seven) shall have been theretofore deposited with the Trustee or Paying Agent in trust for the Holders of such Bonds; provided, however, that if such Bonds are to be redeemed, notice of such redemption shall have been duly given pursuant to this Indenture or irrevocable action shall have been taken to call such Bonds for redemption at a stated redemption date; and (C) Bonds in exchange for or in lieu of which other Bonds shall have been issued and delivered pursuant to this Indenture; provided, however, that in determining whether the Holders of the requisite principal amount of Outstanding Bonds have given any request, demand, SNG61080 BM 91 -115 7 ARTICLE TWO The Bonds Section 2.1. Authorized Amount and Form of Bond Bonds secured by this Indenture shall be issued in fully registered form without coupons and in substantially the form set forth herein with such appropriate variations, omissions and insertions as are permitted or required by this Indenture, and in accordance with the further provisions of this Article Two. The total principal amount of Bonds that may be outstanding hereunder is expressly limited to $ , unless duplicate Bonds are issued as provided in Section 2.6. Portions of the text of the Bonds may be printed on the back of the Bonds to permit the printing of Bonds of a size which can be registered by machine. If a portion of the text of the Bond is to be printed on the back of the Bond, the face of the Bond shall contain a provision in substantially the following form: "REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND WHICH ARE SET FORTH ON THE REVERSE HEREOF, AND SUCH PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HERE." Additionally, at the request of the Trustee the following notation may appear at an appropriate location on the Bonds to facilitate registration of the Bonds: "The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full: TEN COM - as tenants in common TEN ENT - as tenants by entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - under Uniform Transfers to Minors Act Additional abbreviations may also be used though not in the above list." Section 2.2. Issuance of Bonds The Bonds shall: (1) bear a nominal date of original issue of December 1, 1993 and be dated as of their date of authentication; (2) be issued and delivered as directed by the Placement Agent as fully registered Bonds without coupons, in the denominations of $5, 000 or any whole multiple thereof, and be numbered sequentially R -1 upwards for each series; (3) mature on A January 1 in the years and in the amounts and bear interest from the date set forth in subsection (4) below until paid or discharged as herein provided at the rates specified for each maturity year, as set forth below: SNG61080 BR291 -115 12 Principal Interest Principal Interest Year Amount Rate Year Amount Rate 1995. 2000 1996 2 1 997 2002 1,998 2003 1999 2. 0 ..... ..... . (4) bear interest calculated on the basis of a 30 -day month and a 360 - day year, payable on each Interest Payment Date, accruing from the nominal date of original issue, or, in the case of transfer or exchange, from the most recent Payment Date to which interest has been paid or provided for under this Indenture; provided that if a payment of defaulted interest is to be made, the Trustee shall establish the time of such payment as provided herein and shall establish the associated special Record Date therefor as provided in the definition of "Record Date"; (5) be payable in such coin or currency of the United States of America as at the time of payment is legal tender for payment of public and private debts, at the principal trust office of the Trustee acting as the Paying Agent, or a duly appointed successor Paying Agent, except that interest on the Bonds will be payable by check or draft mailed by the Trustee to the Holders of such Bonds on the applicable Record Date (the "Record Date Holders" as defined in the Bond) at the last addresses thereof as shown in the Bond Register on the applicable Record Date, and principal of and any premium on any Bonds shall be payable at the principal office of the Trustee; provided that upon written notice and instructions to the Trustee given at least five (5) days prior to the Record Date and payment of the Trustee's reasonable fees for such transfer, interest is payable by wire transfer; and (6) be subject to redemption upon the terms and conditions and at the prices specified in Article Three hereof. Notwithstanding the foregoing, if the date for payment of the principal of, premium, if any, or interest on the Bonds shall be a day which is not a Business Day, payment then the date for such a ment shall be the next succeeding day which is a Business Day, and payment on such later date shall have the same force and effect as if made on the nominal date of payment. Section 2.3. Execution The Bonds shall be executed on behalf of the Issuer by the signature of its Mayor and City Manager and be sealed with the seal of the Issuer; provided, however, that the seal of the Issuer may be a printed facsimile; provided further that all such signatures may be printed facsimiles, in which event the Bonds shall also be executed manually by the Trustee as authenticating agent as provided in Section 2.4. In the event of disability or resignation or other absence of such offices, the Bonds may be signed by the manual or facsimile signature of that officer who may act in behalf of such absent or disabled officer. In case any such officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he had remained in office until delivery. SNG61080 BR291 -115 13 ARTICLE THREE Redemption of Bonds Before Maturity Section 3.1. Redemption Subject to the provisions of Sections 3.2 and 3.4: (1) Optional Redemption The Bonds are subject to optional redemption and prepayment at the option of the Issuer upon written request by the Owner to the Trustee from Eligible Funds provided by the Owner as a prepayment, on any Business Day on or after A January, 2Q44, in whole or in part, at their principal amount (or such portion thereof as is redeemed as provided in Section 3.4(3)) plus accrued interest and a premium, expressed as a percentage of principal amount, as set forth below: Redemption Date Premium A art ary 1 2004; through December 31, 2flQ4 2% A January 1 :* 20 .65` through December 31:, 2005 1$ A January ..'.:2008 thereafter None If less than all of the Bonds are to be redeemed pursuant to this paragraph, the Bonds so to be redeemed shall be selected by maturity so that the resulting decrease in debt service on the Bonds, including payments resulting from sinking fund redemption as described below, during each period ending on an Interest Payment Date bears the same proportion, as nearly as practicable, to the anticipated decrease, if any, in Project Revenues during such period as the decrease in debt service during each other period ending on an Interest Payment Date bears to the anticipating decrease if any, in Project Revenues during each such other period, and by random selection within a maturity. If no decrease in Project Revenues is anticipated, the Owner shall determine, in its discretion, what order of redemption shall apply, provided that pro forma cash flows prepared prior to the call for redemption, using the same assumptions as the cash flows submitted to the Rating Agency at the time of the original rating of the Bonds, shall demonstrate that (i) debt service coverage is at least A x;1:1$, (ii) Project Revenues and investment earnings will be sufficient to pay principal and interest on the Bonds and to pay fees on each Interest Payment Date until maturity and (iii) asset liability parity does not fall below 100$. (2) Scheduled Mandatory Redemption The Bonds maturing on A January 1 i 1 2020 , (the 72020 Term Bonds ") shall be redeemed by random selection on A 4anuary 1 at their principal amount (or such portion thereof :......... as is redeemed as provided in Section 3.4 (3)) , without any premium, pus accrued interest thereon to such redemption date in the years and amounts as set forth below, subject to pro rata reduction (as further described below) or, if less than such amount is then Outstanding, an amount equal to the aggregate principal amount of the 2020 Term Bonds then Outstanding. SNG61080 BR291 -115 19 Principal Year Amount (maturity) [The Bonds maturing on December 1, (the " Term Bonds") shall be redeemed by random selection on December 1 at their principal amount (or such portion thereof as is redeemed as provided in Section 3.4 (3)) , without any premium, plus accrued interest thereon to such redemption date in the years and amounts as set forth below, subject to pro rata reduction (as further described below) or, if less than such amount is then Outstanding, an amount equal to the aggregate principal amount of the Term Bonds then Outstanding. Principal Year Amount ( maturity) l; At the instruction of the Owner at its option to be exercised on or before the sixtieth (60th) day next preceding any date specified in the Mandatory Redemption Schedules set forth above, the Issuer may deliver to the Trustee written notice, which shall specify a principal amount of Term Bonds ,[or Term Bonds]; delivered to the Trustee therewith, and instruct the Trustee to apply the principal amount of Term Bonds ! for Term Bonds]: so delivered or previously redeemed or purchased and cancelled for credit against the principal installments to be prepaid pursuant to the applicable Mandatory Redemption Schedule. Each such Bond so delivered or previously redeemed or purchased and cancelled shall be credited by the Trustee in chronological order at 100% of the principal amount thereof against the next succeeding and future principal installments to be prepaid pursuant to the applicable Mandatory Redemption Schedule. Upon any redemption in part of Term Bonds for Term Bonds]. from funds other than those attributable to mandatory redemption payments pursuant to this Section 3.1(2) , the principal amount of the Bonds redeemed shall be credited against the remaining mandatory redemption payments for such Term Bonds {',or Term Bonds], as applicable, pursuant to this Section 3.1(2) hereof (in multiples of $5,000 principal amount) as nearly as practicable by the Trustee by multiplying the total SNG61080 BR291 -115 20 amount of monies hies available to redeem such Term Bonds ' [or Term 0 Bonds] on the date fixed for redemption by the ratio which the mandatory redemption payments due on each date bears to the principal amount of all the Term Bonds for Term Bonds!]. then, as applicable, outstanding. (3) Special Redemption The Bonds shall be called for redemption in p p whole or in part at a redemption price equal to the principal amount thereof plus accrued interest to the redemption date if (i) amounts held in the Reconstruction Fund shall, pursuant to Section 5.5(i) hereof, be deposited in the Bond Redemption Fund; or (ii) net proceeds received from any condemnation award, or settlement in lieu thereof, held in the Condemnation Award Fund shall, pursuant to Section 5.5(ii) hereof, be deposited in the Bond Redemption Fund. The redemption date shall be determined by the Trustee and shall be as soon as reasonably convenient after the happening of any one of the events specified in the preceding sentence . If less than all of the Bonds are to be redeemed pursuant to this paragraph, the Bonds so to be redeemed shall be selected by maturity so that the resulting decrease in debt service on the Bonds, including payments resulting from sinking fund redemption as described above, during each period ending on an Interest Payment Date bears the same proportion, as nearly as practicable, to the anticipated decrease, if any, in Project Revenues during each such period as the decrease in debt service during each other period ending on an Interest Payment Date bears to the anticipating decrease if any, in Project Revenues Y g during each such other period, and by random selection within a maturity. Section 3.2. Notice of Redemption To effect the redemption of the Bonds under Section 3. 1, the Trustee shall promptly give notice within the time, in the manner and with the effect provided by this Section 3.2. Notice of redemption shall be mailed by first class mail not less than thirty (30) days nor less than sixty (60) days prior to the redemption date by the Trustee to the Paying Agent and the Holders of Bonds to be redeemed at the addresses shown on the Bond Register. No defect in or failure to give mailed notice shall affect the validity of the proceedings for redemption of any Bond. Unless all Outstanding Bonds are to be redeemed, each such notice shall refer to the Bonds to be redeemed by their numbers and maturities and the date on which and the place where they shall be presented for redemption. On or before the date of mailing of notice of redemption (except for redemption pursuant to Section 3.1(2) , funds sufficient to redeem such Bonds, including accrued interest thereon to the redemption date and any premium, shall be deposited with the Paying Agent. The Bonds thus called shall not, on or after the specified redemption date, bear any interest and, except for the purpose of payment, shall not be entitled to the lien of the Indenture. Section 3.3. Cancellation All Bonds which have been redeemed shall be cancelled by the Trustee as provided in Section 2.12 and shall not be reissued. Section 3.4. Method of Redemption (1) To effect the redemption of the Bonds under Section 3.1(1) , the Owner shall notify the Trustee of its intention to effect such redemption and shall provide the Trustee with funds sufficient for such purpose. (2) The Trustee, on or before the forty -fifth (45th) day preceding any specified redemption date shall, if the Bonds are to be redeemed by random SNG61080 BR291 -115 21 (b) Neither the execution and delivery of this Indenture or any Collateral Document, the consummation of the transactions contemplated hereby or thereby, nor the fulfillment of or compliance with the terms and conditions of this Indenture, or any Collateral Document conflicts with or results in a breach of the terms, conditions, or provisions of any restriction, or any agreement, or instrument to which the Owner is now a party or by which Owner is bound, or constitutes a default under any of the foregoing, or results in the creation or imposition of any lien, charge, or encumbrance whatsoever upon any of the property or assets of the Owner under the terms of any instrument or agreement. (c) There is no litigation or proceeding pending, or to the knowledge of the Owner threatened, against the Owner or any other person affecting in any manner whatsoever the right of the Owner to execute this Indenture or any Collateral Document, or the ability of the Owner to make the payments required hereunder or to otherwise comply with the Owner's obligations contained herein. (d) The Project is of the type authorized and permitted by the Act. (e) The Owner will not take or knowingly permit to be taken any action which would have the effect, directly or indirectly, of subjecting interest on any of the Bonds to federal income taxation. (f) No changes shall be made in the Project and no action will be taken by the Owner which shall in any way impair the exemption of interest on any of the Bonds from federal income taxation. (g) The Owner will own the Project which is to be provided by the net proceeds of the Bonds. (h) The Owner covenants that no use will be made of the proceeds of the Bonds or of any other moneys in the funds and accounts created hereunder and that no action shall be taken which would cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code and the regulations prescribed thereunder. (i) Neither the Owner nor any "related person" to the Owner, as defined in Section 144(a) (3) of the Code, shall acquire Bonds pursuant to an arrangement, formal or informal, in an amount related to the amount of the loan made hereunder. (j) The Owner will not incur any additional debt for money borrowed except on a non - recourse basis. (k) The Owner is an organization described in Section 501(c)(3) of the Code and exempt from federal income taxation under Section 501(a) of the Code. The Owner will not take any action, or omit to take any required action, the result of which would be to jeopardize its status as an organization described in Section 501(c) (3) of the Code and exempt from federal income taxation under Section 501(a) of the Code. Section 4.18. Owner's Obligation to Make Monthly Payments. On or before the 20th day of each month, commencing A 20 , the Owner shall pay to the SNG61080 BR291 -115 26 Trustee, but solely out of Project Revenues, the amount necessary to fund the deposits and transfers required by paragraphs FIRST through FIFTH of Section 5.4. Receipt by the Trustee of Project Revenues pursuant to Section 5.3 and 5.4 hereof shall satisfy the Owner's obligation pursuant to this Section 4.18. Section 4.19. Management of Project (a) The Project will initially be managed b by A DaSa Managemea Grgup, Lfid The Owner and the Trustee may at any time replace the then current manager of the Project, provided any replacement manager has under management at the time of its selection at least 500 units of low or moderate income housing in the Minneapolis -St . Paul Standard Metropolitan Statistical Area (as described by HUD) . Any management contract shall have only such terms and conditions as shall not adversely affect the exemption of interest on the Bonds from federal income taxation. Prior to entering into any management contract with a replacement manager, the Owner shall give notice to the Rating Agency and receive written notification from the Rating Agency that entering into such management contract will not adversely affect the rating on the Bonds. (b) The Trustee shall have the right to remove the Manager of the Project upon the occurrence of any of the following events, but only to the extent that such event results from action or inaction on the part of the Manager for which the Owner may terminate the management agreement: (i) notice from HUD that the Owner is in default under the HAP Contract unless the Owner notifies the Trustee immediately of how it will cure the default within a period of time satisfactory to HUD as designated by HUD in writing and accomplishes such cure in a timely manner; (H) failure of the Owner to request a payment under the HAP Contract for 30 days (after 10 days notice to the Owner by the Trustee and an opportunity to cure) ; (iii) failure of the Owner to request an automatic annual adjustment prior to September 1 in each year or to request a vacancy payment in the event a vacancy exists for a period of two or more months, in both cases after 10 days notice to the Owner by the Trustee and an opportunity to cure; (iv) failure by the manager to correct deficiencies, if any, noted in a HUD inspector report; (v) if occupancy of the Project shall be less than 95% for six consecutive months; (vi) if there shall be delinquencies in payment of Project Revenues of more than 30 days . Section 4.20. Rehabilitation of Project The Owner agrees to apply at least $1000 per Dwelling Unit to expenses of rehabilitation. Upon completion of such rehabilitation, the Project will comply with all applicable building code requirements. is SNG61080 BR291 -115 27 FIRST there shall remain in the Bond Fund one -sixth (1/6) of the interest to become due on the next Interest Payment Date and, one - twelfth (1/12) of the principal to become due on the next Principal Payment Date (whether at maturity or by operation of any mandatory sinking fund requirement) ; provided that when the amount in the Bond Fund is equal to the next required payments of principal and interest no further payments shall be required that month; and provided further that for the principal payment due A January. 1 2€}20, there shall be credited the amount on deposit in the Debt Service Reserve Fund; SECOND to the Trustee, the amount of its Trustee's Fees then due, if any, and to the Issuer, the amount of its Issuer's Fees, then due, if any; THIRD to the Debt Service Reserve Fund the amount required to cause the balance therein to be not less than the Bond Reserve Requirement; FOURTH to the Insurance and Tax Escrow Fund one - twelfth (1/12) of one hundred percent (100 %) of the amount budgeted by the Owner for the current year for annual premiums for insurance required to be maintained pursuant to the Indenture and for annual real estate taxes (or payments in lieu of taxes) or other charges for governmental services for the current year (except for utility charges) which shall be disbursed by the Trustee from time to time as required to pay such premiums and taxes when due or reimburse the Owner upon receipt of satisfactory evidence of payment thereof, provided, P P Y P Y however, that distribution by the Trustee to the Insurance and Tax Escrow Fund in respect ect of the first date or dates on which P P remiums for insurance and taxes or other v re payable ble shall be made in amounts described above a payments P Y equal to the respective quotients obtained by dividing (i) the amount of such premiums and (ii) the amount of such taxes or other charges by the respective number of months, including the month of computation, to and including the month prior to the month in which such premiums or taxes are payable; FIFTH Begi .ntng January 1 * .;1 96 x to the Maintenance and Replacement Fund, the sum of $ ; SIXTH to the Owner, an amount equal to the amount necessary to pay the Current Expenses for the Project for the month following the month of the transfer thereto as set forth in the Budget for the Fiscal Year in which the determination is made, excluding those items of Current Expense for which allowance has previously been made in such month in accordance with this Section 5.4; SEVENTH to the Surplus Fund, any moneys not required currently to be paid into any of the above funds to be used to cure any cumulative deficiencies in any of the above funds. Moneys in this Fund shall be disbursed by the Trustee to pay the Rating Agency its fees of $1500 per year (subject to pro rata reduction of such fee in the event of a partial special redemption under Section 3.1(3)) , pay the fees of any rebate analyst in the amount of $1000 per year, or to remedy any deficiency in any Fund, in the following order of priority: the Bond Fund, the Debt Service Reserve Fund, the Maintenance and Replacement Fund, the Insurance and Tax Escrow Fund, the Rebate Fund, and may then be used to pay any amounts due and owing with J respect to the Project which have not been paid by the Owner after P Y request for payment has been made b the Trustee, and if not currently q P Y SNG61080 BR291 -115 30 required for these purposes shall be retained therein; provided that any balance therein in .excess of $5,000 shall be paid to the Owner once a year after receipt by the Trustee of the Project audit required by Section 4.14 hereof and verification of cash flows using the same assumptions as the cash flows submitted to the Rating Agency at the time of the original rating of the Bonds which include a 30 day lag on receipt of all Revenues and further assume no prepayments demonstrating that (i) debt service coverage is at least A 111!$, (ii) Project Revenues and investment earnings will be sufficient in each period to pay principal and interest on the Bonds and fees on each Interest Payment Date until maturity and (iii) asset liability parity does not fall below 100$. Section 5.5. Flow of Extraordinary Revenues Extraordinary Revenues with respect to the Project, shall be deposited and disbursed as follows: (i) In the event that casualty insurance proceeds from damage or destruction to the Project do not exceed $50, 000, such proceeds shall be paid directly to the Owner to be applied forthwith to repair the Project to substantially the same condition as existed prior to damage or destruction. In the event the casualty insurance proceeds from damage or destruction shall exceed $50,000, such proceeds shall be deposited in a special account and shall be disbursed as hereinafter provided. Such account shall be held by the Trustee in trust for the benefit of Bondholders and shall be known as the "Reconstruction Fund ". If, in the opinion of an Independent Architect appointed by the Issuer and acceptable to the Trustee, the amount in the Reconstruction Fund, together with any other moneys available for such purpose, will be sufficient to pay the cost of such repairs or reconstruction necessary to restore the Project to a condition suitable for occupancy, and HUD agrees that the HAP Contract will not be terminated (or its coverage reduced) , the Owner shall promptly take all action necessary to repair or reconstruct the Project, and the Trustee shall pay out such proceeds to or upon the order of the Owner upon receipt of a certification by the Owner as to the expenditures made in repairing or reconstructing the Project accompanied by lien waivers for work completed for which payment has already been requested. Any balance remaining in the Reconstruction Fund after completion of the repair or restoration of the Project or not used for repair or restoration of the Project because any of the preceding conditions are not satisfied, shall be transferred to the Bond Redemption Fund. (ii) Title insurance proceeds shall be used to remedy any title defect resulting in the payment thereof or deposited in the Bond Redemption Fund. (iii) Any net proceeds received from any condemnation award made in eminent domain proceedings or settlement in lieu thereof with respect to the Project shall be paid to and held by the Trustee in a separate Condemnation Award Fund and shall be applied by the Trustee as follows: (a) The amount in the Condemnation Award Fund, together with any other moneys available for such purpose, shall be applied by the Trustee to payment of the cost of restoration of the Project if (i) in the opinion of an Independent Architect acceptable to the Owner and the Trustee and approved in writing by HUD, such amount will be sufficient to pay the cost of restoring the Project to a condition suitable for leasing to "Eligible Tenants" and (ii) the amount, if any, by which SNG61080 BR291 -115 31 ARTICLE SIX Investments Section 6.1. Investment of Special Funds and Rebate Fund Moneys in the Special Funds and the Rebate Fund shall be invested and reinvested by the Trustee in Permitted Investments at the written direction of the Authorized Officer of the Owner provided if no instructions are received by the Trustee, the Trustee is authorized to invest such amounts in a daily money market fund rated at least as high as the rating on the Bonds or keep such amounts as uninvested cash. Moneys in the Debt Service Reserve Fund and the Bond Fund shall be invested in the Investment Agreement. The Trustee shall not be liable or responsible for any loss resulting from any investment made by it pursuant to this Section. At no time shall any funds constituting gross proceeds of any series of Bonds be used in any manner to cause or result in a prohibited payment under applicable Regulations pertaining to, or in any other fashion as would constitute failure of compliance with, Section 148 of the Code. In determining whether or not any investment or use will constitute a prohibited payment or other failure of compliance, the Trustee shall be entitled to rely on an opinion of Bond Counsel, or specific instructions set forth in the arbitrage certificate of the Issuer delivered at Bond Closing. Investments of moneys in the Special Funds shall mature or be redeemable at the option of the Trustee at the earlier of six months or as anticipated to be needed, except for amounts on deposit pursuant to an investment agreement which allows draws at the option of the Trustee at such time. Investments of moneys in the Rebate Fund shall mature or be redeemable at the option of the Trustee at the times and in the amounts necessary to provide moneys to make the payments required under Section 5.10 of this Indenture. Subject to any directions from the Authorized Officer with respect thereto, from time to time, the Trustee may sell existing investments and reinvest the proceeds therefrom in Permitted Investments maturing or redeemable as aforesaid. Any of those investments may be made through, purchased from or sold to the Trustee, an Authenticating Agent or a Paying Agent, or any bank, trust company or savings and loan association affiliated with any of the foregoing. The Trustee shall sell or redeem investments credited to the Bond Fund to produce sufficient moneys applicable hereunder to and at the times required for the purposes of paying principal of, interest on and accreted value of the Bonds when due as aforesaid, and shall do so without necessity for any order on behalf of the Issuer and without restriction by reason of any order. The Trustee shall not be responsible for any depreciation in the value of any investments or for any loss arising from investments, provided those investments are Permitted Investments. For the purpose of determining the amount on deposit to the credit of any fund or account, the value of Permitted Investments in which money in such fund or account shall have been invested shall be computed, if the maturity thereof occurs within 24 months, at the cost thereof with any premium or discount amortized over the period to the maturity of such obligations and otherwise at the market value thereof. The Trustee as of A January 1 of each year shall value the Permitted Investments in the Debt Service Reserve Fund. In addition, the Permitted Investments on deposit in the Special Funds shall be valued by the Trustee at any time requested by the Authorized Officer on reasonable notice to the Trustee (which SNG61080 BR291 -115 35 IN WITNESS WHEREOF, the Issuer and the Owner have caused these presents to be signed in their names on their behalves by the proper officers of each of them, and to evidence its acceptance of the trusts hereby created the Trustee has caused these presents to be signed in its name and behalf by its duly authorized officers, and has caused its official seal to be hereunto affixed, all as of the day of 1993. CITY OF BROOKLYN CENTER, MINNESOTA By Mayor. ( SEAL) By City Manager Execution page for Issuer regarding City of Brooklyn Center, Minnesota Multifamily Housing Revenue Bonds (The Ponds Family Housing Project) Series 1993 SNG61080 BR291 -115 NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION as Trustee By Its Execution page for Trustee regarding City of Brooklyn Center, Minnesota Multifamily Housing Revenue Bonds (The Ponds Family Housing Project) Series 1993 SNG61080 BR291 -115 COMMUNITY HOUSING DEVELOPMENT CORPORATION, as Owner By Its Execution page for Owner regarding City of Brooklyn Center, Minnesota Multifamily Housing Revenue Bonds (The Ponds Family Housing Project) Series 1993 SNG61080 BR291 -115 EXHIBIT A Form of Bond UNITED STATES OF AMERICA STATE OF MINNESOTA CITY OF BROOKLYN CENTER No. R- $ MULTIFAMILY HOUSING REVENUE BOND (THE PONDS FAMILY HOUSING PROJECT) SERIES 1993 Nominal Date of Interest Rate Maturity Date Original Issue CUSIP December 1, 1993 .........., .......:.... .......:.......... Registered Holder: Principal Amount: KNOW ALL PERSONS BY THESE PRESENTS that the City of Brooklyn Center, Minnesota (the "Issuer ") a public body corporate and politic, duly organized and existing under the Constitution and laws of the State of Minnesota, for value received, promises to pay to the Registered Holder identified above, or registered assigns, but only from the sources described below, the principal sum specified above on the maturity date specified above, or, if this Bond is prepayable as stated below, on a prior date on which it shall have been duly called for redemption, and to pay interest on said principal sum until the principal sum is paid or discharged. This Bond shall bear interest from the date of original issue hereof or (in the case of transfer or exchange) from the most recent date which interest has been paid or provided for until the Maturity Date stated above at the rate specified above (calculated on the basis of a 360 -day year of twelve 30 -day months) payable semiannually on January 1 and July 1 of each year (each, an "Interest Payment Date ") commencing ,4 1, A1994. Payment of the principal of, premium, if any, and interest on this Bond shall be made to the Registered Holder hereof as such appears on the Bond Register maintained by the Trustee as of the close of business on the first day (whether or not a business day) of the month including an Interest Payment Date by wire transfer of same day funds. If payment is only part of the unpaid principal hereof, the Trustee shall send to the Depository or its nominee ( the "Depository ") , as Registered Holder, by first class mail a written statement of the principal amount hereof so paid, and the Depository may upon such payment make a notation on the Register of Partial Payments attached to this Bond of the principal amount so paid, provided that any such notation shall be for reference only and may not be relied upon b an person as being in any determinative of the principal amount of this P Y any g Y y P P SNG61080 BR291 -115 A -1 Bond Outstanding. This Bond is required to be surrendered by the Registered Holder upon and as a condition to payment hereof in full. This Bond is one of an issue in the aggregate principal amount of $ (the "Bonds "), all of like nominal date of original issue and tenor except as to serial number, maturity date, interest rate and redemption provisions, issued under the provisions of Minnesota Statutes, Chapter 462C and in accordance with a Loan Agreement and Indenture of Trust, dated as of December 1, 1993 (the "Indenture ") , duly executed and delivered by the Issuer, the Owner (hereinafter described) and Norwest Bank Minnesota, National Association, in Minneapolis, Minnesota (the "Trustee ") , setting forth the terms upon which such Bonds are issued. The Bonds of this series are issued by the Issuer for the purpose of providing funds to be loaned by the Issuer to Community Housing Development Corporation, a Minnesota nonprofit corporation (the "Owner ") to finance the acquisition and rehabilitation of an existing 112 -unit multifamily rental housing project ( the "Project ") , including certain existing reserves relating to the Project. Pursuant to the Indenture, the revenues of the Project, including housing assistance payments received from the United States Department of Housing and Urban Development ( "HUD ") pursuant to a contract between the Issuer and HUD) , are pledged to the payment of the Bonds. Payment of the Bonds is further secured by the funds held from time to time in other funds and accounts created by the Indenture. The Bonds are further secured by a Combination Mortgage, Security Agreement and Fixture Financing Statement pursuant to which the Owner grants to the Trustee a mortgage lien on the Project. Reference is hereby made to the Indenture, for a description of the revenues encumbered and assigned, the provisions, among others, with respect to the nature and extent of the security, the rights of the Issuer, and the rights, duties and obligations of the Trustee and the Holders of the Bonds and the terms upon which the Bonds are issued and secured. The Bonds are subject to optional redemption and prepayment upon written request by the Issuer to the Trustee, on any Business Day on or after January 1, 2004, in whole or in part, at their principal amount plus accrued interest and a premium, expressed as a percentage of principal amount, as set forth below: Redemption Date Premium anzary 1, 2Q€14 through 'December 31, 2404 2$ : : i�X 200&1h--, g h De cem ber 31, 2005 la January L 20.06 and thereafter None If less than all of the Bonds are to be redeemed pursuant to this paragraph, the Bonds so to be redeemed shall be selected by maturity so that the resulting decrease in debt service on the Bonds, including payments resulting from sinking fund redemption as described below, during each period ending on an Interest Payment Date bears the same proportion, as nearly as practicable, to the anticipated decrease, if any, in Project Revenues during such period as the decrease in debt service during each other period ending on an Interest Payment Date bears to the anticipated decrease, if any, in Project Revenues during each such other period, and by random selection within a maturity. If no decrease in Project Revenues is anticipated, the Issuer shall determine, in its discretion, what order of redemption shall apply, provided certain coverage tests set forth in Section 3.1 of the Indenture can be met after such redemption. SNG61080 BR291 -115 A-2 Holmes & Graven, Chartered First Draft November 4, 1993 REGULATORY AGREEMENT among CITY OF BROOKLYN CENTER, MINNESOTA, NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION and COMMUNITY HOUSING DEVELOPMENT CORPORATION Dated as of December 1, 1993 SNG61079 BR291 -115 REGULATORY AGREEMENT Table of Contents Section Page PARTIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 PREAMBLES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1. Term of Restrictions . . . . . . . . . . . . . . . . . . . . . . . . . 1 (a) Occupancy Restrictions . . . . . . . . . . . . . . . . . . . . 1 (b) Rental Restrictions . . . . . . . . . . . . . . . . . . . . . . . 2 (c) Termination of Restrictions . . . . . . . . . . . . . . . . . . 2 (d) Termination of Agreement . . . . . . . . . . . . . . . . . . . 2 2. Project Restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 . Occupancy Restrictions . . . . . . . . . . . . . . . . . . . . . . . . 3 4. Rental Restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5. Transfer Restrictions . . . . . . . . . . . . . . . . . . . . . . . . . 6 6 . Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 7. Indemnification . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8 . Agent of the Issuer . . . . . . . . . . . . . . . . . . . . . . . . . . 7 9 . Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 10. Amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 11. Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 12. Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 13. Governing Law . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 14. Attorneys' Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 15. Agreement Binding . . . . . . . . . . . . . . . . . . . . . . . . . . 8 TESTIMONIUM SIGNATURES EXHIBIT A Legal Description EXHIBIT B Certificate of Tenant's Eligibility EXHIBIT C Certificate of Continuing Program Compliance SNG61079 BR291 -115 (i) REGULATORY AGREEMENT THIS REGULATORY AGREEMENT dated as of December 1, 1993, by and among Community Development Housing Corporation, a Minnesota nonprofit corporation, and its successors and assigns (jointly and severally hereinafter called the "Owner"), Norwest Bank Minnesota National Association a national a b nking association (the "Trustee ") and the City of Brooklyn Center, Minnesota, a municipal corporation organized and existing pursuant to the Constitution and laws of the State of Minnesota ( the "Issuer ") , WITNESSETH: WHEREAS, the Owner proposes to acquire and rehabilitate a 112 -unit multifamily rental housing development located within the jurisdiction of the Issuer on the site described in Exhibit A attached hereto ( the "Project ") ; and WHEREAS, the acquisition and rehabilitation of the Project will be financed from proceeds of the sale of Issuer's Multifamily Housing Revenue Bonds (Ponds Family Housing Project), Series 1993 (the "Bonds ") to be issued pursuant to a Loan Agreement and Indenture of Trust, dated as of December 1, 1993 among the Issuer, the Owner and the Trustee ( the "Indenture ") ; and WHEREAS, the proceeds of the Bonds will be loaned to the Owner (the "Loan ") ; and WHEREAS, interest on the Bonds paid to the registered owners of the Bonds is exempt from federal income tax if the Project continuously complies with Section 142(d) or any successor provision of the Internal Revenue Code of 1986, as amended and Treasury Regulations applicable thereto ( collectively, the "Code ") ; and WHEREAS, compliance by the Project with the Law and with Section 142(d) or any successor provision of the Code is in large part within the control of the Owner; and WHEREAS, the Issuer is unwilling to provide Bond proceeds to finance the Project unless the Owner shall, by entering into this Regulatory Agreement (this "Agreement ") , consent to be regulated by the Issuer to assure compliance with the Law and to preserve the tax - exempt status of the Bonds under Section 142(d) or any successor provision of the Code; NOW, THEREFORE, in consideration of the mutual premises and covenants hereinafter set forth, and of other valuable consideration, the Owner, the Issuer and the Trustee agree as follows: 1. Term of Restrictions (a) Occupancy Restrictions The term of the Occupancy Restrictions set forth in Section 4 of this Agreement shall commence on the first day on which 10% of the units in the Project are first occupied and shall end on the latest of the following: (i) the date which is 15 years after the date on which at least 50% of the units in the Project are first occupied; or (ii) the first day on which none of the Bonds are outstanding; or (iii) the termination date of any Housing Assistance SNG61079 BR291 -115 1 Payments Contract relating to the Project under Section 8 of the United States Housing Act of 1937, including the initial term and any renewal thereof. (b) Rental Restrictions The term of the Rental Restrictions set forth in Section 5 of this Agreement will remain in effect during the longer of (i) the period during which any of the Bonds remain outstanding; or (ii) the term of the Occupancy Restrictions set forth in paragraph (a) of this Section 1. (c) Termination of Restrictions Notwithstanding the provisions of (a) and (b) of this Section 1, this Agreement and all other restrictions hereunder shall terminate upon foreclosure of the Mortgage or transfer of title to the Project by deed in lieu of foreclosure; in addition, this Agreement and the restrictions hereunder shall also cease to apply in the event of an involuntary noncompliance caused by unforeseen events such as fire, seizure, requisition, a change in federal law or an action of a federal agency after the date of issue of the Bonds which prevents the Issuer from enforcing the requirements of this Agreement or condemnation or similar event, provided in all such cases that (i) the Bonds are retired at the first available call date; or (ii) any insurance proceeds or condemnation award or other amounts received as a result of such loss or destruction are used to provide a project which meets the requirements of Section 142(d) or any successor provision of the Code and Treasury Regulations Section 1.103-8(b), as amended, or any successor law or regulation in which case this Agreement shall be automatically reinstated. However, the foregoing provisions of this paragraph shall cease to apply in the event of foreclosure, transfer of title by deed in lieu of foreclosure or similar event if, at any time subsequent to such event and during the period set forth in paragraph (a) of this Section 1, the obligor on the acquired purpose obligation (as defined in Section 1.103 -13(b) (4) (iv) (A) of the Treasury Regulations) or a related person (as defined in Section 1.103 -10(e) of the Treasury Regulations) obtains an ownership interest in the Project for federal tax purposes. (d) Termination of Agreement This Agreement shall terminate upon the earlier of (i) termination of the Occupancy Restrictions and the Rental Restrictions as provided in paragraphs (a) and (b) of this Section 1, or (ii) a termination pursuant to the provisions of paragraph (c) of this Section 1. 2. Project Restrictions The Owner represents, warrants and covenants that: (a) The Project will be maintained for the purpose of providing multifamily residential rental property and will constitute multifamily residential rental property, as such phrase is used in Section 142(a) (7) of the Code. (b) The Project consists of a building or structure or several proximate buildings or structures which are located on a single tract of land or contiguous tracts of land which may include facilities functionally related and subordinate thereto. (c) In the event a unit within a building or structure is occupied by the Owner, the building or structure must include no fewer than four units not occupied by the Owner. (d) All of the units in the Project will contain complete living, sleeping, eating, cooking, and sanitation facilities for a single person or a family. SNG61079 BR291 -115 2 (e) None of the units in the Project will at any time be utilized on a transient basis, or used as a hotel, motel, dormitory, fraternity house, sorority house, rooming house, hospital, sanitarium or rest home. (f) All of the units in the Project will be leased, rented, or available for lease or rental on a continuous basis to members of the general public (other than units for a resident manager or maintenance personnel or units for individuals or families of low or moderate income as provided for in Section 4(a) hereof) . (g) The Owner shall not restrict Qualifying Tenants (as hereinafter defined) from the enjoyment of unrestricted access to all common facilities and common areas of the Project, except as reasonably necessary to protect and preserve the health and safety of tenants. (h) The Owner shall not discriminate on the basis of race, creed, color, sex, or national origin in the lease, use or occupancy of the Project or in connection with the employment or application for employment of persons for the operation and management of the Project. (i) None of the proceeds of the Bonds will be used to finance commercial property. (j) All tenant lists, applications, and waiting lists relating to the Project shall at all times be kept separate and identifiable from any other business of the Owner which is unrelated to the Project, and shall be maintained in the State in a reasonable condition for proper audit and subject to examination during business hours by representatives of the Issuer, the Trustee or the Bondholders. (k) All leases of units to Qualifying Tenants shall contain clauses, among others, wherein each individual lessee: (1) Certifies the accuracy of the statements made in its application and Certification of Tenant Eligibility; and (2) Agrees that the family income, family composition and other eligibility requirements at the time the lease is executed shall be deemed substantial and material obligations of his tenancy; that he will comply promptly with all requests for income, family composition and other information relevant to determining low or moderate income status from the Owner, the Issuer or the Trustee (as hereinafter defined) , and that his failure or refusal to comply with a request for information with respect thereto shall be deemed a violation of a substantial obligation of his tenancy. (m) If the Project includes a rental or management office, such office shall be used exclusively for the rental or management of the Project. 3. Occupancy Restrictions The Owner represents, warrants and covenants that (a) At least twenty percent (20 %) of the units in the Project shall be occupied (or treated as occupied as provided herein) or held vacant and available for occupancy by Qualifying Tenants and such units will be of comparable quality and will be a range of sizes and number of bedrooms comparable to those units which are available to other tenants. Qualifying Tenants shall mean those persons and SNG61079 BR291 -115 3 families who shall be determined from time to time by the Owner to be eligible as 0 "individuals whose income is 50 percent (50 %) or less of area median gross income" within the meaning of Section 142 (d) (2) (B) of the Code in a manner consistent with the method of determination of lower income families that is, as of the date of issuance of the Bonds, in effect under the Section 8 Program (or if such program has been terminated as of the date of issuance of the Bonds, under such program as in effect immediately prior to such termination) . Occupants of a unit are considered individuals or families of "low or moderate income" only if their combined adjusted income ( computed in the manner prescribed in Section 1.167(k)-3(b)(3) of the Income Tax Regulations as in effect on the date of issuance of the Bonds and treating all occupants as a single family) does not exceed fifty percent (50 %) of the median gross income for the area with adjustments for smaller and larger families as set forth in Exhibit B hereto. For purposes of this definition, the occupants of a residential unit shall not be deemed to be Qualifying Tenants if all the occupants of such residential unit at any time are "students", as defined in Section 151(c) (4) of the Code, no one of whom is entitled to file a joint return under Section 6013 of the Code. The determination of whether an individual or family is of low or moderate income shall be made at the time the tenancy commences and on an ongoing basis thereafter, determined at least annually: Any unit occupied by an individual or family who is a Qualifying Tenant at the commencement of occupancy shall not continue to be treated as if occupied by a Qualifying Tenant during their tenancy in such unit if such individual or family subsequently ceases to be of low or moderate income unless such individual's or family's income does not exceed 140% of the maximum income qualifying as low or moderate income for a family of its size. In the event that a unit does cease to be treated as occupied by a Qualifying Tenant for such reason, and thereupon less than 20% of the completed units in the Project would not be occupied by, or held vacant and available for occupancy by, Qualifying Tenants, the next vacant unit of comparable or smaller size not previously occupied by a Qualifying Tenant must be rented to a Qualifying Tenant or held vacant and available for occupancy by a Qualifying Tenant. Any completed unit vacated by a Qualifying Tenant which results in the Project not being in compliance with the provisions of this Section must be rented (on other than a temporary basis) to a Qualifying Tenant before any other units in the Project are rented to tenants who are not Qualifying Tenants until the Project is again in compliance. (b) As a condition to initial and continuing occupancy, each person who is intended to be a Qualifying Tenant shall be required annually to sign and deliver to Owner a Certification of Tenant Eligibility substantially in the form attached as Exhibit B hereto, or in such other form as may be approved by Bond Counsel (the "Eligibility Certification ") , in which the prospective Qualifying Tenant certifies that he or his family qualifies as being of low or moderate income. In addition, such person shall be required to provide whatever other information, documents or certifications are deemed necessary by the Issuer to substantiate the Eligibility Certification, on an ongoing annual basis, and to verify that such tenant continues to be a Qualifying Tenant within the meaning of Section 3(a) hereof. (c) The form of lease to be utilized by the Owner in renting any units in the Project to any person who is intended to be a Qualifying Tenant shall provide for termination of the lease and consent by such person to immediate eviction for failure to qualify as a Qualifying Tenant as a result of any material misrepresentation made by such person with respect to the Eligibility Certification. (d) Eligibility Certifications will be maintained on file by the Owner with respect to each Qualifying Tenant who resides in a Project unit or resided therein SNG61079 BR291 -115 4 during the immediately preceding calendar year, and the Owner will, within thirty (30) days of the end of each calendar year, file a copy of each such Eligibility Certification with the Issuer and the Trustee. (e) On or before the first day of each February, May, August, and December, the Owner will submit to the Issuer and the Trustee a certificate, substantially in the form of Exhibit C hereto, executed by the Owner stating the percentage of units of the Project which were occupied by Qualifying Tenants at all times during the preceding three months and identifying Qualifying Tenants who commenced or terminated occupancy of the Project during such three months (f) The Owner covenants and agrees that during the term of this Agreement, it will prepare and submit to the Issuer and the Trustee within thirty (30) days after each anniversary of the date the Project first becomes available for occupancy, a report certified to be accurate by the Owner (a) identifying the tenancies and the dates of occupancy (or vacancy) for all dwelling units in the Project including the percentage of the dwelling units of the Project which were occupied by Qualified Tenants (or held vacant and available for occupancy by Qualified Tenants) at all times during the year preceding the date of such certificate (b) describing all transfers or other changes in ownership of the Project or any interest therein and (c) stating, that to the best knowledge of the person executing such certificate after due inquiry, all units were rented or available for rental on a continuous basis during such year to members of the general public and that the Owner was not otherwise in default under this Agreement during such year. (g) On the first (1st) day of the month which is twelve (12) months after the Occupancy Restrictions commence, as determined by Section 2(a) hereof, and each anniversary thereof, the Owner shall certify to the United States Treasury Department that the Project and the tenants thereof comply with the restrictions set forth in Sections 2 and 3(a) hereof. (h) In order to assure compliance with this Section 3, the Owner shall advise the Issuer and the Trustee in writing of the first day on which (i) the initial residential unit or units in the Project are first occupied, (ii) ten percent (10 %) of P the residential units in the Project are first occupied and (iii) fifty percent (50 %) of the residential units in the Project are first occupied. (i) The Owner will immediately notify the Issuer and the Trustee at any time the dwelling units in the Project are not occupied or available for occupancy as provided above. (j) The Owner will obtain and maintain on file with respect to each Qualifying Tenant residing in the Project, evidence reasonably satisfactory to the Issuer and the Trustee as to such Qualifying Tenant's income for the taxable year immediately preceding such Qualifying Tenant's initial occupancy in the Project, which may include OMB Form No. 2502 -0204, "Certification and Re- Certification of Tenant Eligibility". 4. Rental Restrictions (a) The Owner represents, covenants and warrants that once available for occupancy each unit in the Project will be rented or available for rental to members of the general public on a continuous basis until the termination of such requirements, as provided in Section 2(c) hereof. SNG61079 BR291 -115 5 (b) The rental restrictions imposed by this Section and the occupancy restrictions of Section 4(f) hereof may be enforced by the Issuer by an action for specific performance. 5. Transfer Restrictions The Owner covenants and agrees that the Owner will cause or require as a condition precedent to any conveyance, transfer, assignment or any other disposition of the Project prior to the termination of the Rental Restrictions and Occupancy Restrictions provided herein (the "Transfer") that the transferee of the Project pursuant to the Transfer assume in writing, in a form acceptable to the Issuer all duties and obligations of the Owner under this Agreement, including this Section 5, in the event of a subsequent Transfer by the transferee prior to expiration of the Rental Restrictions and Occupancy Restrictions provided herein (the "Assumption Agreement "). The Owner shall deliver the Assumption Agreement to the Issuer prior to the Transfer. 6. Enforcement (a) The Owner shall permit any duly authorized representative of the Issuer or the Trustee to inspect any books and records of the Owner regarding the Project and with respect to the incomes of Qualifying Tenants which pertain to compliance with the provisions of this Agreement, the Law and Section 142(d) or any successor provision of the Code. (b) The Owner shall submit any information, documents or certificates requested by the Issuer or the Trustee which either of them deem reasonably necessary to substantiate the Owner's continuing compliance with the provisions of this Agreement, the Law and Section 142(d) or any successor provision of the Code. (c) The Issuer, the Trustee and the Owner each covenant that it will not knowingly take or permit any action (other than an action required by any documents executed in connection with the Loan) that would adversely affect the exemption from federal income taxation of interest on the Bonds. Moreover, each covenants to take any lawful action (including amendment of this Agreement as may be necessary, in the opinion of nationally - recognized bond counsel) to comply fully with all applicable rules, rulings, policies, procedures, regulations or other official statements promulgated or proposed by the Department of the Treasury or the Internal Revenue Service from time to time pertaining to obligations the interest on which is tax - exempt under Section 142(d) or any successor provision of the Code and affecting the Project. (d) The Owner covenants and agrees to give written notice to the Issuer of any violation of the Owner's obligations hereunder within five (5) days after first discovering any such violation, and the Issuer covenants and agrees to inform the Owner by written notice of any violation of the Owner's obligations hereunder within five (5) days after first discovering such violation and to provide the Owner a period of time in which to correct such violation. If any such violation is not corrected to the satisfaction of the Issuer and the Trustee within the period of time specified which shall be at least thirty (30) days after the date any notice to the Owner is mailed, or within such further time as the Issuer and the Trustee determine is necessary to correct the violation without loss of tax exemption of interest on the Bonds, but not to exceed any limitations set by applicable regulations, without further notice the Issuer or the Trustee shall declare a default under this Agreement effective on the date of such declaration of default, and upon such default the Owner hereby agrees to pay the Issuer any rents or other amounts received by the Owner SNG61079 BR291 -115 6 for any units in the Project which were in violation of this Agreement during the period such violation continued, and the Issuer shall apply to any court, state or federal, for specific performance of this Agreement or an injunction against any violation of this Agreement, or any other remedies at law or in equity or any such other actions as shall be necessary or desirable so as to correct non - compliance with this Agreement. (e) The Owner, the Trustee and the Issuer each acknowledge that the primary purpose for requiring compliance by the Owner with the restrictions provided in this Agreement is to comply with the Law and to preserve the federal income tax exemption of interest on the Bonds to the Bondholders, and that the Holder of the Bonds, who are declared to be third party beneficiaries of the Agreement, shall be entitled, for any breach of the provisions hereof, to all remedies both at law and in equity in the event of an default e q y y hereunder . 7. Indemnification The Owner hereby ndemnifies and agrees to defend Y � �' and hold harmless, ml ss, the Issuer from and against all liabilities, losses, damages, costs, expenses (including attorneys' fees and expenses), causes of action, suits, allegations, claims, demands and judgments of any nature arising from the consequences of a legal or administrative proceeding or action brought against them, or any of them, on account of any failure by the Owner to comply with the terms of this Regulatory Agreement, or on account of any representation or warranty contained herein being untrue. 8. Agent of the Issuer The Issuer shall have the right to appoint an agent to carry out any of its duties and obligations hereunder, and shall inform the Owner of any such agency appointment by written notice. The Issuer hereby appoints the Trustee as its agent for such purpose, and this shall constitute written notice to the Owner of such appointment. 9. Interpretation Any terms not defined in this Agreement shall have the same meaning as terms defined in the Indenture or in the Law or in Section 142(d) of the Code and Treasury Regulations applicable thereto. 10. Amendment Subject to the provisions of Section 16 hereof, it is agreed that the parties hereto shall promptly amend this Agreement (in a form suitable for recording) (a) to the extent and when necessary or advisable, in the opinion of nationally recognized bond counsel acceptable to the Issuer, to preserve the exemption of interest on the Bonds from federal income taxation and (b) to the extent requested by either party if, in the opinion of nationally recognized bond counsel acceptable to the Issuer, such amendment will not adversely affect the federal tax exemption of interest on the Bonds; provided that no such amendments shall be permitted or required hereunder if there is pending before Congress, or either house of Congress, legislation which if enacted would be applicable to the Bonds and could affect the tax - exempt status of interest on the Bonds, unless such amendment would not adversely affect the tax - exempt status of interest on the Bonds if such legislation were to become law. 11. Severability The invalidity of any clause, part or provision of this Agreement shall not affect the validity of the remaining portions thereof. 12. Notices All notice to be given pursuant to this Agreement shall be in writing and shall be deemed given when mailed by certified or registered mail, return receipt requested, to the parties hereto at the addresses set forth below, or SNG11079 BR291 -115 7 to such other place as a party may from time to time designate in writing. A duplicate copy of each notice, certificate or other communication given hereunder by the Issuer or the Owner shall also be given to the Trustee at the address set forth below. The Issuer, the Owner and the Trustee may, by notice given hereunder, designate any further or different addresses to which subsequent notices, certificates or other communications shall be sent. The initial addresses for notices and other communications are as follows: To the Issuer: City of Brooklyn Center, Minnesota 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 To the Owner: Community Housing Development Corporation 408 Butler North 510 First Avenue North Minneapolis, MN 55403 Attn : President To the Trustee: Norwest Bank Minnesota, N. A. Corporate Trust Norwest Center Sixth and Marquette Minneapolis, MN 55479 -0069 Attn: Corporate Trust Department 13. Governing Law This Agreement shall be governed by the laws of the State of Minnesota and, where applicable, the laws of the United States of America. 14. Attorneys' Fees In case any action at law or in equity, including an action for declaratory relief, is brought against the Owner to enforce the provisions of this regulatory Agreement, the Owner agrees to pay reasonable attorneys' fees and other reasonable expenses incurred by the Issuer in connection with such action. 15. Agreement Binding This Agreement and the covenants contained herein shall run with the Premises and shall bind the Owner (including each general, special or limited partner of the Owner, each of whom the Owner hereby represents to have authorized the Owner to bind by this Agreement, and, to the extent controlled by the Owner or any of the foregoing, each person who is "related" to any of the foregoing within the meaning of Section 147(a) of the Code), its heirs, legal representatives, executors, administrators, successors in office or interest, and assigns, and all subsequent owners of the Project or any interest therein, and the benefits shall inure to the Issuer and its successors and assigns for the term of this Agreement as provided in Section 1(d) . SNG61079 BR291 -115 8 IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their respective duly authorized representatives, as of the day and year first written above. CITY OF BROOKLYN CENTER, MINNESOTA By Its Mayor (SEAL) By Its City Manager ACKNOWLEDGEMENT STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) On this day of December 1993, before me personally appeared and , personally known to me (or proved on the basis of satisfactory evidence) to be the persons who executed this instrument as Mayor and City Manager, respectively, of the City of Brooklyn Center, Minnesota on behalf of the City of Brooklyn Center, Minnesota. Given under my hand and official seal this day of December 1993. Notary Public Execution page for Issuer regarding City of Brooklyn Center, Minnesota Multifamily Housing Revenue Bonds (Ponds Family Housing Project) Series 1993 SNG61079 BR291 -115 NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION By Its STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) On the day of December 1993, before me personally came to me known, who, being by me duly sworn, did depose and say that she is the of Norwest Bank Minnesota, National Association. Notary Public Execution page for Trustee regarding City of Brooklyn Center, Minnesota Multifamily Housing Revenue Bonds (Ponds Family Housing Project) Series 1993 SNG61079 BR291 -115 EXHIBIT A Legal Description SNG61079 BR291 -115 EXHIBIT B Certificate of Tenant's Eligibility SNG61079 BR291 -115 EXHIBIT C Certificate of Continuing Program Compliance SNG61079 BR291 -115 Holmes & Graven, Chartered First Draft November 4, 1993 COMBINATION MORTGAGE, SECURITY AGREEMENT, AND FIXTURE FINANCING STATEMENT by COMMUNITY HOUSING DEVELOPMENT CORPORATION for the benefit of NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION as Trustee Dated December 1, 1993 This instrument drafted by: Holmes & Graven, Chartered 470 Pillsbury Center Minneapolis, MN 55402 (612) 337 -9300 SNG61078 BR291 -115 TABLE OF CONTENTS ( This table of contents is not a part art of the Combination Mortgage, P Security Agreement, and Fixture Financing Statement, but is provided only for convenience of reference) Page PARTIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 RECITALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1. Payment of the Indebtedness . . . . . . . . . . . . . . . . . . . . . 3 2. Application of Payments . . . . . . . . . . . . . . . . . . . . . . . . 3 3. Payment of Taxes, Payments in Lieu of Taxes, Assessments, and Other Charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4. Payment of Utility Charges . . . . . . . . . . . . . . . . . . . . . . 3 5. Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6. Compliance with Permitted Encumbrances and Laws . . . . . . . . 4 7. Permitted Contests . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8 . Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 9. Preservation and Maintenance of Mortgaged Property . . . . . . . 5 10. Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 11. Protection of Trustee's Security . . . . . . . . . . . . . . . . . . . 6 12. Condemnation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 13. Security Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 14. Leases and Rents . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 15. Events of Default . . . . . . . . . . . . . . . . . . . . . . . . . . 10 16. Acceleration; Foreclosure . . . . . . . . . . . . . . . . . . . . . . 10 17. Forbearance Not a Waiver; Rights and Remedies Cumulative . . 11 18. Attorneys' Fees and Expenses . . . . . . . . . . . . . . . . . . . 11 19. Disposition of Funds . . . . . . . . . . . . . . . . . . . . . . . . 11 20. Successors and Assigns Bound; Agents; Captions . . . . . . . . 12 21. Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 SNG61078 BR291 -115 (1) 22. Governing Law; Severability . . . . . . . . . . . . . . . . . . . . 12 23. Counterparts . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 24. Waiver of Marshalling . . . . . . . . . . . . . . . . . . . . . . . 12 25. Fixture Filing . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 26. Further Assurances . . . . . . . . . . . . . . . . . . . . . . . . . 13 27. Proofs of Claim . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 28. Time of the Essence . . . . . . . . . . . . . . . . . . . . . . . . . 13 29. Waiver of Mortgagor's Rights . . . . . . . . . . . . . . . . . . . . 13 30. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 TESTIMONIUM SIGNATURES ACKNOWLEDGMENT EXHIBIT A Legal Description of Land EXHIBIT B Permitted Encumbrances SNG61078 BR291 -115 �ll� COMBINATION MORTGAGE, SECURITY AGREEMENT, AND FIXTURE FINANCING STATEMENT This Mortgage is made as of this 1st day of December 1993 by Community Housing Development Corporation, a nonprofit corporation (herein called the "Mortgagor ") for the benefit of Norwest Bank Minnesota, National Association (the "Trustee ") , as trustee pursuant to the hereinafter defined Indenture. Recitals WHEREAS, the Mortgagor is the owner of a 112 -unit multifamily rental housing project ( the "Project ") , the acquisition price of which is being paid with a loan of the proceeds of certain Multifamily Housing Revenue Bonds (Ponds Family Housing Project), Series 1993 (the "Bonds ") issued by the City of Brooklyn Center, Minnesota (the "Issuer ") in the aggregate principal amount of $ pursuant to a Loan Agreement and Indenture of Trust, dated as of December 1, 1993 (the "Indenture ") , among the Mortgagor, the Trustee, and the Issuer, which Bonds mature December 1, ; WHEREAS, as an inducement to the Issuer to issue the Bonds, the Mortgagor has agreed to grant to the Trustee a mortgage lien pursuant to this Combination Mortgage, Security Agreement and Fixture Financing Statement (this "Mortgage ") on, and a security interest in, the Mortgagor's interest in the Mortgaged Property described below, in order to secure the payment of principal of and interest on the Bonds; and WHEREAS, this Mortgage as executed on the date hereof establishes a lien on the Project. NOW THEREFORE, in consideration of the purchase of the Bonds by the Holders (as defined in the Indenture) thereof, and for the purpose of securing, without preference or priority, (a) the Issuer's obligation to pay the aggregate principal amount of the Bonds together with interest thereon at the times and at the rate per annum set forth in the Indenture, (b) the Mortgagor's obligations to make payments pursuant to Section 4.18 of the Indenture, and (c) the payment of all other sums with interest thereon as may be advanced by the Trustee in accordance with this Mortgage (the obligations and liabilities described in these clauses (a) and (b) are hereinafter collectively referred to as the "Indebtedness ") ; and (c) the performance of all of the covenants and agreements of the Mortgagor with respect to the Bonds and the Projects contained in the Indenture and this Mortgage, the Mortgagor does hereby MORTGAGE, GRANT, BARGAIN, SELL AND CONVEY unto the Trustee, as Trustee under the Indenture, its successors and assigns, forever, A SECURITY INTEREST IN all of the following properties hereinafter set forth (all being collectively referred to hereinafter as the Mortgaged Property) : All the tracts or parcels of real property lying and being in the County of Hennepin, State of Minnesota, all as more fully described in Exhibit A attached hereto and made a part hereof, together with all the estates and rights in and to the real property and in and to lands lying in streets, alleys and roads adjoining the real property and all buildings, structures, improvements, fixtures and annexations, access rights, easements, rights of way or use, servitudes, licenses, tenements, hereditaments and appurtenances now or hereafter belonging or pertaining to the real property (the "Real Property "). SNG61078 BR291 -115 1 All buildings, improvements, personal property, fixtures, fittings and furnishings, owned by Mortgagor and now or hereafter attached to, located at, or placed in the Real Property or financed in whole or in part with Bond proceeds including, without limitation (a) all machinery, fittings, fixtures, apparatus, equipment or articles used to supply heating, gas electricity, air conditioning, water, light, waste disposal, power, refrigeration, ventilation, and fire and sprinkler protection, (b) all maintenance supplies and repair equipment, (c) all draperies, carpeting, floor coverings, screens, storm windows and window coverings, blinds, awnings, shrubbery and plants, (d) all elevators, escalators and shafts, motors, machinery, fittings and supplies necessary for their use (it being understood that the enumeration of any specific articles of property shall in no way be held to exclude any items of property not specifically enumerated) , as well as renewals, replacements, proceeds, additions, accessories, increases, parts, fittings, insurance payments, awards and substitutes thereof, together with all interest of the Mortgagor in any such items hereafter acquired, as well as the Mortgagor's interest in any lease, or conditional sales agreement under which the same is acquired. All rents, income, contract rights, leases and profits now due or which may hereafter become due under or by virtue of any lease, license or agreement, whether written or verbal, for the use or occupancy of the Mortgaged Property or any part thereof together with all tenant security deposits. All awards, compensation and settlements in lieu thereof made as a result of the taking by power of eminent domain of the whole or any part of the Mortgaged Property, including any awards for damages sustained to the Mortgaged Property, for a temporary taking, change of grade of streets or taking of access. It is specifically understood that the enumeration of any specific articles of property shall in no way exclude or be held to exclude any items of property not specifically mentioned. All of the Mortgaged Property hereinabove described, real, personal and mixed, whether affixed or annexed or not, and all rights hereby conveyed and mortgaged and intended to be as a unit and are hereby understood and agreed and declared to be appropriated to the use of the Mortgage Property, and shall for the purposes of this Mortgage be deemed to be real estate and conveyed and mortgaged hereby. To Have and To Hold the Mortgaged Property unto the Trustee forever; provided, nevertheless, that this Mortgage is upon the express condition that if the Mortgagor shall pay to the Trustee as and when due and payable, all Indebtedness, and shall also keep and perform each and every covenant and agreement of Mortgagor herein contained, then, this Mortgage and the estate hereby granted shall cease and be and become void and shall be released of record at the expense of the Mortgagor; otherwise this Mortgage shall be and remain in full force and effect. The Mortgagor represents, warrants and covenants to and with the Trustee that it is the lawful owner of the Mortgaged Property and has good right and full power and authority under all applicable provisions of law to execute this Mortgage and to mortgage the Mortgaged Property; that the Mortgaged Property is free from all liens, security interests, and encumbrances except as listed in Exhibit B attached hereto; that the Mortgagor will warrant and defend its fee title in the Real Property and title to all other Mortgaged Property and the lien and priority of this Mortgage against all claims and demands of all persons whomsoever, whether now existing or hereafter arising, not listed in Exhibit B; and that all buildings and improvements SNG61078 BR291 -115 2 now or hereafter located on the Real Property are, or will be, located entirely within the boundaries of the Real Property. The covenants and warranties of this paragraph shall survive foreclosure of this Mortgage and shall run with the Real Property. The Mortgagor further covenants and agrees as follows: 1. Payment of the Indebtedness Mortgagor will duly and punctually pay all Indebtedness when and as due and payable and will punctually perform and observe all of its obligations and covenants under the Indenture in accordance with the terms thereof. The provisions of the Indenture are hereby incorporated by reference into this Mortgage as fully as if set forth at length herein. 2. Application of Payments All payments received by Trustee from Mortgagor as a result of the exercise of remedies hereunder shall be applied by Trustee first to interest then due, then to principal, due on the Indebtedness, and thereafter in such order of application as Trustee may determine. 3. Payment of Taxes, Payments in Lieu of Taxes, Assessments, and Other Charges Subject to paragraph 7 relating to contests, the Mortgagor shall (a) pay before a penalty attaches for nonpayment thereof, all taxes, payments in lieu of taxes, and assessments and all other charges whatsoever levied upon or assessed or placed against the Mortgaged Property, except that assessments may be paid in installments with interest so long as no fine or penalty is added to any installment for the nonpayment thereof, (b) pay any and all governmental levies or assessments such as maintenance charges, owner association dues or charges, or fees, levies, or charges resulting from covenants, conditions and restrictions affecting the Mortgaged Property, which are assessed or imposed upon the Mortgaged Property or any part thereof or become due and payable, and which create, may create, or appear to create a lien upon the Mortgaged Property, or any part thereof, (c) pay all taxes, payments in lieu of taxes, assessments, and other charges, levied upon or assessed, placed or made against, or measured by this Mortgage, or the recordation hereof, or the Indebtedness secured hereby. In the event of any legislative action or judicial decision after the date of this Mortgage, imposing upon the Trustee the obligation to pay any such taxes, payments in lieu of taxes, assessments, or other charges, or deducting the amount secured by this Mortgage from the value of the Mortgaged Property for the purpose of taxation, or changing in any way the laws now in force for the taxation of mortgages, deeds of trust, or debts secured thereby, or the manner of the operation of any such taxes so as to affect the interests of the Trustee, then, and in such event, the Mortgagor shall bear and pay the full amount of such taxes, payments in lieu of taxes, assessments, or other charges. Notwithstanding the foregoing provisions of this paragraph 3 or any other provision of this Mortgage, if for any reason payment by the Mortgagor of any such taxes, payments in lieu of taxes, assessments or other charges or any other charges, payments, or interest required under this Mortgage would be unlawful, or if the payment thereof would render any of the Indebtedness usurious, such fees shall not be charged. Mortgagor shall promptly furnish to the Trustee all notices received by the Mortgagor of amounts due under this paragraph and in the event Mortgagor shall make payment directly, Mortgagor shall promptly furnish to Trustee receipts evidencing such payments. 4. Payment of Utility Charges Subject to paragraph 7 relating to contests, the Mortgagor shall pay all charges made by utility companies, whether public or private, for electricity, gas, heat, water, or sewer, furnished or used in SNG61078 BR291 -115 3 connection with the Mortgaged Property or any part thereof, and will, upon written request of Trustee, furnish proper receipts evidencing such payment. 5. Liens Subject to paragraph 7 hereof relating to contests, (a) the Mortgagor shall not create, incur or suffer to exist any lien, encumbrance or charge on the Mortgaged Property or any part thereof which might or could be held to be equal or prior to the lien of this Mortgage, other than the liens set forth in Exhibit B hereto, and (b) Mortgagor shall pay, when due, the claims of all persons supplying labor or materials to or in connection with the Mortgaged Property. 6. Compliance with Permitted Encumbrances and Laws Subject to paragraph 7 relating to contests, Mortgagor shall comply with all present and future statutes, laws, rules, orders, regulations and ordinances affecting the Mortgaged Property, any part thereof or the use thereof and shall comply with all covenants, conditions and restrictions applicable to the Mortgagor which are contained in any document constituting a permitted encumbrance as set forth in Exhibit B hereto. 7. Permitted Contests The Mortgagor shall not be required to (i) pay any tax, payment in lieu of tax, assessment or other charge referred to in paragraph 3 hereof, (ii) pay any charge referred to in paragraph 4 hereof, (iii) discharge or remove any lien, encumbrance or charge referred to in paragraph 5 hereof, or (iv) comply with any statute, law, rule, regulation, ordinance or Permitted Encumbrance referred to in paragraph 6 hereof, so long as Mortgagor shall (a) contest, in good faith, the existence, amount or the validity thereof, the amount of damages caused thereby or the extent of its liability therefor, by appropriate proceedings which shall operate during the pendency thereof to prevent (A) the collection of, or other realization upon the tax, payment in lieu of tax, assessment, charge or lien, encumbrance or charge so contested, (B) the sale, forfeiture or loss of the Mortgaged Property or any part thereof, and (C) any interference with the use or occupancy of the Mortgaged Property or any part thereof, and (b) shall give such security to Trustee as may be reasonably demanded by Trustee to insure compliance with the foregoing provisions of this paragraph 7. Mortgagor shall give prompt written notice to Trustee of the commencement of any contest referred to in this paragraph 7. 8. Insurance (a) Amount of Insurance Mortgagor, at its sole cost and expense, shall maintain insurance against the following risks in at least the following amounts: (i) Insurance against loss or damage by fire and lightning, upon a repair or replacement basis if available, and otherwise to the full insurable value of the Project, but in any event not less than the principal amount of Bonds outstanding at the time such policy is in effect, with deductible provisions not to exceed $2,000 for any one casualty, and with uniform standard extended coverage endorsement limited only as may be provided in the standard form of extended coverage endorsement at the time in use in the State; (ii) Boiler explosion insurance on all boilers, pressure vessels and pressure piping in the Project in an amount not less than the repair or replacement cost with coverage for bodily injury and a consequential damage endorsement, if available, to the extent those risks shall not be covered by the insurance described in subsection (iv) hereof, and with a business SNG61078 BR291 -115 4 interruption endorsement to the extent that the risk is not covered by the insurance described in subsection (iii) hereof; (iii) Business interruption or use and occupancy insurance on the Project in an amount equal to one year's Project Revenues; (iv) A comprehensive general public liability insurance policy or policies against all direct or contingent loss or liability for property damage, personal injury, or death occasioned by reasons of the premises, with a maximum single limit liability of not less than $500,000 for personal injury or death arising from a single accident or event, and $50,000 for a single occurrence of property damage; (v) Flood insurance to the extent required by HUD; and (vi) Hazard insurance, to the extent required by HUD. All insurance policies shall name the Mortgagor and the Trustee as insureds as their respective interests may appear, having standard loss payable clauses in favor of the Trustee, and all policies will be deposited with the Trustee, and shall be issued by an insurer having a rating from the Rating Agency at least as high as the rating on the Bonds. (b) Assignment of Policy If the Mortgaged Property is sold at a foreclosure sale or if Trustee shall acquire title to the Mortgaged Property, the Trustee shall have all of the right, title and interest of Mortgagor in and to any insurance policies required under subparagraph (a) hereof and the unearned premiums thereon and in and to the proceeds resulting from any damage to the Mortgaged Property prior to such sale or acquisition. (c) Application of Insurance Proceeds All sums paid under any insurance policy required in subparagraph 8(a) shall be applied to the redemption of Bonds or the repair or replacement of the Mortgaged Property or otherwise, all as provided in the Indenture. (d) Reimbursement of Trustee's Expenses Mortgagor shall promptly reimburse Trustee upon written demand for all of Trustee's expenses incurred in connection with the collection of the insurance proceeds, including but not limited to reasonable attorneys' fees, and all such expenses, shall become part of the Indebtedness secured by this Mortgage. 9. Preservation and Maintenance of Mortgaged Property Mortgagor (i) shall keep the buildings and other improvements now or hereafter erected on or within the Mortgaged Property in safe and good repair and condition, ordinary wear and tear excepted; (ii) shall restore, repair, replace or rebuild the Mortgaged Property or portion thereof that is damaged or destroyed to the extent required in the Indenture; (iii) shall maintain the parking and landscaped areas of the Mortgaged Property; (iv) shall not commit waste or permit impairment or deterioration of the Mortgaged Property; (v) shall not alter or permit the alteration by any tenant of the design or structural character of any building now or hereafter erected on the Mortgaged Property, or hereafter construct, or permit any tenant to construct, additions to existing buildings or additional buildings on the Mortgaged Property if such alteration, construction or addition would impair the value of the Mortgaged Property or the structural integrity or use of the buildings or SNG61078 SR291 -115 5 improvements as they exist on the Mortgaged Property; (vi) shall not remove from the Mortgaged Property any of the fixtures included in the Mortgaged Property with a value of $5,000 or more unless the same is immediately replaced with property of at least equal value and utility, and this Mortgage becomes a valid first lien on such property. The Trustee shall issue on Mortgagor's written request a due and sufficient release of each such property thus released from the Mortgage and the security interest hereunder. 10. Inspection The Trustee, or its agents, shall have the right at all reasonable times, to enter upon the Mortgaged Property for the purposes of inspecting the Mortgaged Property or any part thereof. The Trustee shall, however, have no duty to make such inspection. 11. Protection of Trustee's Security Subject to the rights of the Mortgagor under paragraph 7 hereof, if the Mortgagor fails to perform any of the covenants and agreements contained in this Mortgage or if any action or proceeding is commenced which affects the Mortgaged Property or the interest of the Trustee therein, or the title thereto, then the Trustee, at Trustee's option, after written notice to Mortgagor, may perform such covenants and agreements, defend against and /or investigate such action or proceeding, and take such other action as the Trustee g deems necessary to protect the Trustee's interest. Trustee shall be the sole judge of the legality, validity and priority of any claim, lien, encumbrance, tax, assessment, charge and premium paid by it and of the amount necessary to be paid in satisfaction thereof and Trustee may obtain counsel for such action at the expense of the Mortgagor. In connection with such failure to perform by Mortgagor, Trustee is hereby given the irrevocable power of attorney (which power is coupled with an interest and is irrevocable) to enter upon the Mortgaged Property as the Mortgagor's agent in the Mortgagor's name to perform after written notice to Mortgagor any and all covenants and agreements to be performed by the Mortgagor as herein provided. Any amounts or expenses disbursed or incurred by the Trustee pursuant to this paragraph 11, with interest thereon, shall become additional Indebtedness of the Mortgagor secured by this Mortgage. Unless Mortgagor and Trustee agree in writing to other terms of repayment, such amounts shall be immediately due and payable upon written demand therefor from the Trustee to Mortgagor, and shall bear interest from the date of disbursement at the yield on the Bonds unless collection from Mortgagor of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Mortgagor under applicable law. Trustee shall, at its option, be subrogated to the lien of any mortgage or other lien discharged in whole or in part by the Indebtedness or by the Trustee under the provisions hereof, and any such subrogation rights shall be additional and cumulative security for this Mortgage. Nothing contained in this paragraph 11 shall require the Trustee to incur any expense or do any act hereunder, and the Trustee shall not be liable to the Mortgagor for any damages or claims arising out of action taken by the Trustee pursuant to this paragraph 11. 12. Condemnation In the event of condemnation by any governmental entity of any part of the Project, the Mortgagor shall either apply net proceeds of such condemnation to the payment of the Bonds or repair and restore such part of the Project, as provided in the Indenture. Mortgagor hereby irrevocably assigns to the Trustee any award or payment which becomes payable to it by reason of any taking of the Mortgaged Property, or any part thereof, whether directly or indirectly or temporarily or permanently, in SNG61078 BR291 -115 6 or by condemnation or other eminent domain proceedings (hereinafter called "Taking ") . Forthwith upon receipt by Mortgagor of notice of the institution of any proceeding or negotiations for a Taking, Mortgagor shall give notice thereof to Trustee. If Mortgagor shall fail to appear, Trustee may appear in any such proceedings and participate in any such negotiations and may be represented by counsel. Mortgagor, notwithstanding that Trustee may not be a party to any such proceeding, will promptly give to Trustee copies of all notices, pleadings, judgments, determinations and other papers received by Mortgagor therein. Mortgagor will not enter into any agreement permitting or consenting to the taking of the Mortgaged Property, or any part thereof, or providing for the conveyance thereof in lieu of condemnation, with anyone authorized to acquire the same in condemnation or by eminent domain unless Trustee shall first have consented thereto in writing. All Taking awards shall be adjusted jointly by Mortgagor and Trustee. All awards payable as a result of a Taking shall be applied as provided in Section 5.5 (iii) of the Indenture. 13. Security Interest This Mortgage shall constitute a security agreement with respect to (and the Mortgagor hereby grants the Trustee a security interest (the "Security Interest ") in) all furniture, fixtures and equipment, and the proceeds thereof, used in connection with the operation of the Mortgaged Property or financed in whole or in part with the proceeds of the Bonds ("FF &E") , included in the description of the Mortgaged Property as more specifically described in the granting clauses of this Mortgage to secure the payment and performance of the Indebtedness and in connection therewith the Mortgagor represents, warrants, and covenants as follows: (a) The Mortgagor has (or will have at the time it acquires rights in the Mortgaged Property hereafter arising) title to each item of FF &E (including proceeds thereof) free and clear of all liens, attachments, encumbrances, and security interests except the Security Interest, or any previous lien or security interest granted to the Trustee or any purchase money security interests. The Mortgagor will defend the Mortgaged Property against all claims or demands of all persons whomsoever claiming the Mortgaged Property or any interest therein. The Mortgagor will not sell or otherwise dispose of the Mortgaged Property or any interest therein, except that, until the occurrence of an Event of Default, the Mortgagor may sell any FF & E permitted to be released from this Mortgage pursuant to paragraph 9. (b) No financing statement covering any or all of the Mortgaged Property is now on file in any public office, except financing statements, if any, naming the Trustee as secured party or financing statements describing liens disclosed on Exhibit B attached hereto. The Mortgagor will not permit any of the tangible Mortgaged Property to be located in any state in which a financing statement covering such Mortgaged Property has not in fact been filed in the proper office or offices. The Mortgagor will not execute any financing statement covering any or all of the Mortgaged Property and naming any person other than the Trustee as secured party except as described in Exhibit B attached hereto. (c) The Mortgagor will: (i) keep the FF &E in good condition and repair, normal depreciation excepted; (ii) keep the FF &E free and clear of all security interests, liens, attachments, and encumbrances except for any purchase money security interest; (iii) at all reasonable times permit the Trustee or its representatives to examine or inspect any of the tangible FF &E, wherever located; (iv) at all times, keep all of the FF &E insured in accordance with the requirements of the Indenture it being understood and hereby agreed that if Mortgagor fails to do SNG61078 BR291 -115 7 so, the Trustee, after prior written notice to the Mortgagor, may act as attorney in fact for the Mortgagor in obtaining, , settling, and canceling such g� J g g g insurance and in endorsing drafts or other instruments of payment issued by the issuer of such insurance; (v) from time to time execute such financing statements (covering the Mortgaged Property, in form satisfactory to the Trustee) as the Trustee may reasonably deem required to be filed in order to perfect or maintain the Security Interest and pay the cost of filing the same in all public offices in which the Trustee may deem filing to be necessary or desirable; (vi) execute, deliver, or endorse any and all instruments, assignments, security agreements, and other writings which the Trustee may at any time reasonably request in order to secure, protect, perfect, or enforce the Security Interest and the Trustee's rights under this Mortgage and Security Agreement and under any policy of insurance required under clause (iv) above. If the Mortgagor shall fail, at any time, to perform or observe any agreement contained in this Section 13, and if such failure shall continue for a period of ten (10) calendar days after the Trustee gives the Mortgagor written notice thereof (or, in the case of the insurance and other agreements and writings required to be obtained, executed, delivered, or endorsed by the Mortgagor under this Section 13, with notice to the Mortgagor which may be telephonic or telegraphic notice given at any time prior to the Trustee's taking action hereunder) , the Trustee may exercise any remedy conferred by this Section 13 or elsewhere in this Mortgage and may pursue and exercise any remedy provided in the Uniform Commercial Code, as adopted in this State and as amended. 14. Leases and Rents (a) Mortgagor will, at its own cost and expense: (i) Faithfully abide by, perform and discharge each and every obligation, covenant and agreement under any leases of the Mortgage Property to be performed by the landlord thereunder; (ii) Enforce or secure the performance of each and every material obligation, covenant, condition and agreement of said leases by the tenants thereunder to be performed; (iii) Not borrow against, pledge or further assign any rentals due under said leases except as permitted by the Indenture; and (iv) Not amend or modify any lease or alter the obligations of the parties thereunder, excepting in the ordinary and prudent course of business with due regard for the security afforded the Trustee by the lease and which does not reduce the rent or diminish the term thereof or the obligations of the tenant thereunder or increase the term of the tenancy or impose additional obligations or burdens on the landlord unless the Mortgagor determines that any such amendment or modification will not adversely affect the payments of principal of or interest on any Bonds or the Mortgagor's ability to pay operating costs of the Mortgaged Property. (b) Should the Mortgagor fail to perform, comply with or discharge any obligations of Mortgagor under any lease or should the Trustee become aware of or be notified by any tenant under any lease of a failure on the part of Mortgagor to so perform, comply with or discharge its obligations under said lease, Trustee may, but shall not be obligated to, and without further demand upon the Mortgagor, and without waiving or releasing Mortgagor from any obligation in this Mortgage SNG61078 BR291 -115 8 contained, remedy such failure, and the Mortgagor agrees to repay upon demand all 0 such sums incurred by the Trustee in remedying any such failure. All such sums shall become so much additional indebtedness secured hereby, but no such advance shall be deemed to relieve the Mortgagor from any default hereunder. (c) The Mortgagor does hereby sell, assign and transfer unto Trustee all of the leases, rents, income and profits now due and which may hereafter become due under or by virtue of any lease, whether written or verbal, or any agreement for the use or occupancy of the Mortgage Property, it being the intention of this Mortgage to establish an absolute and present transfer and assignment of all such leases and agreements and all of the rents and profits from the Mortgaged Property unto the Trustee and the Mortgagor does hereby appoint irrevocably the Trustee its true and lawful attorney in its name and stead, which appointment is coupled with an interest, to collect all of said rents and profits; provided, Trustee grants the Mortgagor the privilege, revocable, to collect and retain such rents, income, and profits unless and until an event of default exists under this Mortgage. Upon an event of default and whether before or after the institution of legal proceedings to foreclose the lien hereof or before or after sale of the Mortgaged Property or during any period of redemption the Trustee and without regard to waste, adequacy of the security or solvency of the Mortgagor, may revoke the privilege granted Mortgagor hereunder to collect the rents issues and profits of the Mortgaged Property and may, at its option, without notice: (i) in person or by agent, with or without taking possession of or entering the Mortgage Premises with or without bringing any action or proceeding, give, or require Mortgagor to give notice to any or all tenants under any lease authorizing and directing the tenant to pay such rents and profits to Trustee; collect all of the rents, issues and profits; enforce the payment thereof and exercise all of the rights of the landlord under any lease and all of the rights of Trustee hereunder; may enter upon, take possession of, manage and operate said Mortgaged Property, or any part thereof; may cancel, enforce or modify any leases, and fix or modify rents, and do any acts which the Trustee deems proper to protect the security hereof with or without taking possession of said Mortgaged Property; or (ii) apply for the appointment of a receiver in accordance with the statutes and the law made and provided for, which receivership Mortgagor hereby consents to, who shall collect the rents, profits and all other income of any kind; manage the Mortgaged Property so as to prevent waste; execute leases within or beyond the period of receivership, and pay to the Trustee for deposit in the appropriate funds. In the event a receiver is appointed, the Trustee shall pay to the Receiver any money otherwise payable to the Authority from the Excess Revenues Account and the receiver shall apply such accounts in the following order: I . to payment of all reasonable fees of any receiver appointed hereunder, and II. to application of tenant's security deposits as required by Minnesota Statutes, Section 504.20, III. to payment when due of prior or current real estate taxes or special assessments with respect to the Mortgaged Property or to a SNG61078 BR291 -115 9 periodic escrow for payment of the taxes or special assessments when due. IV. to payment when due of premiums for insurance of the type required by the Mortgage or to a periodic escrow for the payment of premiums then due, and V . to payment of all expenses for normal maintenance of the Mortgaged Property. The entering upon and taking possession of the Mortgaged Property, the collection of such rents and profits and the application thereof as aforesaid shall not cure or waive any defaults under this Mortgage nor in any way operate to prevent the Trustee from pursuing any other remedy which it may now or hereafter have under the terms of this Mortgage nor shall it in any way be deemed to constitute the Trustee a mortgagee -in- possession. The rights and powers of the Trustee hereunder shall remain in full force and effect both prior to and after any foreclosure of the Mortgage and any sale pursuant thereto and until expiration of the period of redemption from said sale, regardless of whether a deficiency remains from said sale. The purchaser at any foreclosure sale, including the Trustee, shall have the right, at any time and without limitation as provided in Minn. Stat. Section 582.03, to advance money to any receiver appointed hereunder to pay any part or all of the items which the receiver would otherwise be authorized to pay if cash were available from the Mortgaged Property and the sum so advanced shall be a part of the sum required to be paid to redeem from any foreclosure sale. The rights hereunder shall in no way be dependent upon and shall apply without regard to whether the Mortgaged Property are in danger of being lost, materially injured or damaged or whether the Mortgaged Property is adequate to discharge the Indebtedness secured hereby. 15. Events of Default Each of the following occurrences shall constitute an event of default hereunder (herein called an "Event of Default ") : (a) An Event of Default as defined in the Indenture shall occur and be continuing; (b) Mortgagor shall fail duly to perform or observe any of the covenants or agreements contained in this Mortgage (other than a covenant or agreement a default in which is elsewhere in this paragraph 15 specifically addressed) and such default shall not be cured within thirty days after written notice from Trustee, or if such default cannot be cured within such thirty -day period such additional time as may be reasonably necessary to cure such default so long as Mortgagor is diligently pursuing such cure; (e) Foreclosure proceedings shall have commenced and be continuing under any other mortgage, assignment or other security document constituting a lien on the Mortgaged Property or any part thereof. 16. Acceleration; Foreclosure Upon the occurrence of any Event of Default, the Trustee may, at its option, exercise one or more of the following rights and remedies (and any other rights and remedies available to it) : SNG61078 BR291 -115 10 (a) Trustee may, by written notice to the Mortgagor, declare immediately due and payable all unpaid principal of and accrued interest on any Indebtedness secured hereby, together with all other sums due hereunder, and the same shall thereupon be immediately due and payable without presentment or other demand, protest, notice of dishonor or any other notice of any kind, all of which are hereby expressly waived. (b) Trustee may, by written notice to the Mortgagor, exercise any or all of its rights and remedies under the Indenture. (c) The Trustee shall be entitled, without additional notice and without any showing of waste of the Mortgaged Property, inadequacy of the Mortgaged Property as security, or insolvency of the Mortgagor, to exercise any of Trustee's rights under paragraph 14 hereof. The Trustee or any receiver shall be entitled to receive and dispose of the profits and income of the Mortgaged Property and to sue for and recover any account or other item of profits and income from the Mortgagor or any account debtor or other third person. (d) The Trustee may (and is hereby authorized and empowered to) foreclose this Mortgage by action or advertisement, pursuant to the statutes of the State of Minnesota in such case made and provided, power being expressly granted to sell the Mortgaged Property at public auction and convey the same to the purchaser (which may be the Trustee) in fee simple and, out of the proceeds arising from such sale to pay all Indebtedness secured hereby with interest, and all legal costs and charges of such foreclosure and the maximum attorneys' fees permitted by law, which costs, charges and fees the Mortgagor agrees to pay. 17. Forbearance Not a Waiver; Rights and Remedies Cumulative No delay by the Trustee in exercising any right or remedy provided herein or otherwise afforded by law or equity shall be deemed a waiver of or preclude the exercise of such right or remedy, and no waiver by the Trustee of any particular provision of this Mortgage shall be deemed effective unless in writing signed by the Trustee. All such rights and remedies provided for herein or which the Trustee may have otherwise, at law or in equity, shall be distinct, separate and cumulative and may be exercised concurrently, independently or successively in any order whatsoever, and as often as the occasion therefor arises. The Trustee's taking action pursuant to paragraph 11 or receiving proceeds, awards or damages pursuant to paragraphs 8 or 12 shall not impair any right or remedy available to the Trustee under paragraph 16 hereof. The discontinuance of any remedial action hereunder shall not be deemed a waiver of any rights hereunder and the parties shall return to their original positions hereunder. 18. Attorneys' Fees and Expenses In the event the Mortgagor should default under any of the provisions of this Mortgage and the Trustee should employ attorneys or incur other expenses for the collection of amounts due hereunder or the enforcement of performance of any obligation or agreement on the part of the Mortgagor contained in this Mortgage, or any other instrument securing the obligation to repay any other instrument securing the obligation under the Indenture the Mortgagor will pay to the Trustee on written demand therefor the reasonable fees of such attorneys and such other expenses so incurred, which fees shall become part of the Indebtedness secured by this Mortgage. 19. Disposition of Funds Any amounts collected pursuant to action taken under paragraph 16 shall be applied in such order as the Trustee may determine; SNG61078 BR291 -115 11 provided that in the event that the Trustee advances sums, after notice thereof to the Mortgagor, in protecting the lien of this Mortgage, in payment of taxes on the Mortgaged Property, in payment of principal and interest on prior liens against the Mortgaged Property and in payment of expenses and attorney's fees herein provided for, the Mortgagor on written demand shall pay all such costs and expenses so incurred and advances so made by the Trustee. Such sums shall become additional Indebtedness secured by this Mortgage. 20. Successors and Assigns Bound; Agents; Captions The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective heirs, legal representatives, successors and assigns of the Trustee and the Mortgagor. The captions and headings of the paragraphs of this Mortgage are for convenience only and are not to be used to interpret or define the provisions hereof. 21. Notice Any notice under this Mortgage shall be effective two days after mailing when mailed by certified mail, return receipt requested, to the following address: To Mortgagor: Community Housing Development Corporation 408 Butler North 510 First Avenue North Minneapolis, Minnesota 55403 Attn: President To Trustee: Norwest Bank Minnesota, National Association Corporate Trust, Norwest Center Sixth and Marquette Minneapolis, Minnesota 55479 -0069 Attn: Corporate Trust Department or at such other address as the Mortgagor or Trustee may designate in writing to the other party. A duplicate copy of any notice or communication given hereunder shall also be given to the underwriter as defined in the Indenture at the address designated therein. 22. Governing Law; Severability This Mortgage shall be governed by the laws of the State of Minnesota. In the event that any provision or clause of this Mortgage conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage which can be given effect without the conflicting provisions and to this end the provisions of the Mortgage are declared to be severable. 23. Counterparts This Mortgage may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument. 24. Waiver of Marshalling Mortgagor, any party who consents to this Mortgage and any party who now or hereafter acquires a lien on the Mortgaged Property and who has actual or constructive notice of this Mortgage hereby waives (1) any and all right to require the marshalling of assets in connection with the exercise of any of the remedies permitted by applicable law or provided herein and (2) any right to require Mortgagee to proceed contemporaneously or at all against all parcels of Real Property in enforcement of any remedies available. SNG61078 BR291 -115 12 25. Fixture Filing From the date of its recording, this Mortgage shall be effective as a financing statement filed as a fixture filing with respect to all goods constituting part of the Mortgaged Property (as more particularly described in the granting clause of this Mortgage) which are or are to become fixtures related to the real estate described herein. For this purpose, the following information is set forth: (a) Name and Address of Debtor and record owner of real estate: Community Housing Development Corporation 408 Butler North 510 First Avenue North Minneapolis, Minnesota 55403 Attn : President (b) Name and Address of Secured Party: Norwest Bank Minnesota, National Association Corporate Trust, Norwest Center Sixth and Marquette Minneapolis, MN 55479 -0069 Attn: Corporate Trust Department (c) This document covers goods which are or are to become fixtures. 26. Further Assurances At any time and from time to time until payment in full of the Indebtedness, Mortgagor will, at the request of the Trustee, promptly execute and deliver to Trustee such additional instruments as may be reasonably required further to evidence the lien of this Mortgage and further to protect the security interest of Trustee with respect to the Mortgaged Property including, without limitation, additional security agreements, financing statements and contin- uation statements. Any expenses incurred by Trustee in connection with the preparation and recordation of any such instruments, including, but not limited to reasonable attorneys' fees, shall become additional Indebtedness of the Mortgagor secured by this Mortgage. Unless Mortgagor and Trustee agree in writing to other terms of repayment, such amounts shall be immediately due and payable. 27. Proofs of Claim In the case of any receivership, insolvency, bankruptcy, reoganization, arrangement, adjustment, composition or other proceedings affecting Mortgagor, its creditors or its property, Trustee, to the extent permitted by law, shall be entitled to file such proofs of claim and other documents as may be necessary or advisable in order to have the claims of Trustee allowed in such proceedings for the entire amount of the Indebtedness at the date of the institution of such proceedings and for any additional amount of the Indebtedness after such date. 28. Time of the Essence The Mortgagor and the Trustee agree that time is of the essence in the enforcement of any and all rights, duties and obligations under this Mortgage. 29. Waiver of Mortgagor's Rights BY EXECUTION OF THIS MORTGAGE, MORTGAGOR EXPRESSLY (A) ACKNOWLEDGES THE RIGHT OF TRUSTEE TO ACCELERATE THE INDEBTEDNESS EVIDENCED BY THE BONDS AND ANY OTHER INDEBTEDNESS AND THE POWER OF ATTORNEY GIVEN HEREIN TO TRUSTEE TO SNG61078 BR291 -115 13 SELL THE PREMISES BY NONJUDICIAL FORECLOSURE UPON DEFAULT BY MORTGAGOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS MORTGAGE; (B) WAIVES ANY AND ALL RIGHTS WHICH MORTGAGOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES OF AMERICA (INCLUDING, WITHOUT LIMITATION, THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), THE VARIOUS PROVISIONS OF THE CONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, (1) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO THE EXERCISE BY TRUSTEE OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO TRUSTEE, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS MORTGAGE AND (2) CONCERNING THE APPLICATION, RIGHTS OR BENEFITS OF ANY STAUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLING, FORBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWS; (C) ACKNOWLEDGES THAT MORTGAGOR HAS READ THIS MORTGAGE AND ANY AND ALL QUESTIONS OF MORTGAGOR REGARDING THE LEGAL EFFECT OF THIS MORTGAGE AND ITS PROVISIONS HAVE BEEN EXPLAINED FULLY TO MORTGAGOR, AND MORTGAGOR HAS CONSULTED WITH COUNSEL OF MORTGAGOR'S CHOICE PRIOR TO EXECUTING THIS MORTGAGE; AND (D) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF MORTGAGOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY MORTGAGOR AS PART OF A BARGAINED FOR LOAN TRANSACTION AND THAT THIS MORTGAGE IS VALID AND ENFORCEABLE BY TRUSTEE AGAINST MORTGAGOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOF. 30. Definitions Initially capitalized terms used and not defined herein shall have the meaning assigned to them in the Indenture. SNG61078 BR291 -115 14 IN WITNESS WHEREOF, the Mortgagor and the Trustee have caused this Mortgage to be duly executed as of the day and year first -above written. COMMUNITY HOUSING DEVELOPMENT CORPORATION By Its STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _ day of 1993, by , the of Community Housing Development Corporation, a Minnesota nonprofit corporation ( the "Mortgagor ") , on behalf of the Mortgagor. Notary Public This instrument was drafted by: Holmes & Graven, Chartered 470 Pillsbury Center Minneapolis, Minnesota 55402 Execution page for Mortgagor regarding City of Brooklyn Center, Minnesota Multifamily Housing Revenue Bonds (Ponds Family Housing Project) Series 1993 SNG61078 BR291 -115 EXHIBIT A TO COMBINATION MORTGAGE, SECURITY AGREEMENT AND FIXTURE FINANCING STATEMENT Legal Description SNG61078 BR291 -115 A -1 EXHIBIT B TO COMBINATION MORTGAGE, SECURITY AGREEMENT AND FIXTURE FINANCING STATEMENT Permitted Encumbrances 1. Real estate taxes for and payable in 1994. 2. Special Assessments hereafter levied. 3. Rights of tenants under unrecorded leases . 4. Regulatory Agreement, dated December 1, 1993, among the Owner, the Trustee and City of Brooklyn Center. SNG61078 BR291 -115 B -1 Member introduced the following resolution and moved its adoption: RESOLUTION NO. AUTHORIZING THE FINANCING OF A HOUSING PROGRAM UNDER MINNESOTA STATUTES, CHAPTER 462C, AUTHORIZING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS (THE PONDS FAMILY HOUSING PROJECT), SERIES 1993, IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $5,440,000 TO FINANCE THE PROGRAM, APPROVING AND AUTHORIZING THE EXECUTION OF VARIOUS DOCUMENTS IN CONNECTION THEREWITH WHEREAS, pursuant to the Minnesota Municipal Housing Act, Minnesota Statutes Chapter 462C a city is authorized to adopt a housing plan and carry out programs for the financing of multifamily housing for persons of low and moderate income, and to authorize its housing and redevelopment authority to act on its behalf; and WHEREAS, the City Council (the "City Council ") of the City of Brooklyn Center (the "City ") has prepared a Housing Plan for Local Housing for the City of Brooklyn Center, Minnesota (the "Plan ") which Plan was adopted pursuant to the Act; and WHEREAS, the City has prepared a multifamily mortgage program (the "Program ") as described herein, in the Indenture hereinafter referred to, and in the agreements and other documents hereinafter referred to, pursuant to Minnesota Statutes, Chapters 462A and 462C (the "Act ") and resolutions of the City; and WHEREAS, the Program will provide a means of financing the cost of rental housing development that will provide decent, safe and sanitary housing for low and moderate income residents of the City of Brooklyn Center at rents they can afford, which constitutes a valid public purposes for the issuance of revenue bonds under the Act; and WHEREAS, the Program is to be financed from the proceeds of Multifamily Housing Revenue Bonds (The Ponds Family Housing Project), Series 1993 in the aggregate principal amount not to exceed $5,440,000 ( the "Bonds ") , to be issued by the City, and the revenues from the Project (as defined below) shall be pledged for the security of and payment for the Bonds (except as may be otherwise set forth in the Indenture hereinafter referred to) ; and WHEREAS, the Bond proceeds will be used by City to provide for funding of a loan (the "Loan ") to Community Housing Development Corporation, a Minnesota nonprofit corporation (the "Owner ") , to finance the acquisition and rehabilitation of a 112 -unit multifamily rental housing development (the "Project ") ; and WHEREAS, the Bonds will be issued under an Agreement and Indenture of Trust, dated as of December 1, 1993 (the "Indenture ") , and will be secured by a pledge and assignment of the revenues of the Project, including the housing assistance payments to be derived from the Housing Assistance Payments Contract SNG62237 BR291 -115 1 RESOLUTION NO. the HAP Contract" " " ( " )between Minnesota Housing Finance Agency ( MHFA )and the Owner, all in accordance with the terms of the Indenture, and said Bonds and the interest on said Bonds shall be payable solely from the revenue pledged therefor and the Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation nor give rise to a pecuniary liability of the City or a charge against its general credit or assets and shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City other than the City's interest in said Project; and WHEREAS, a public hearing to consider the Program has been held by the City on the date hereof, and the Program was submitted to the Metropolitan Council in accordance with Chapter 462C; and WHEREAS, forms of the following documents (including the exhibits referred to therein) have been submitted to the City: a. The Indenture to be made and entered into among the City, the Owner and Norwest Bank Minnesota, National Association, as trustee (the "Trustee ") , providing for the issuance of the Bonds, prescribing the form thereof, pledging the trust estate described therein for the security of the Bonds, and setting forth proposed recitals, covenants and agreements by the parties with respect thereto; b . The Regulatory Agreement to be executed by the City and the Owner, setting forth certain covenants of the Owner; c. A Bond Purchase Agreement, to be dated as of the date of execution thereof (the "Bond Purchase Agreement "), by and among the City, the Owner and Norwest Investment Services, Inc. (the "Underwriter ") providing for the purchase of the Bonds by the Underwriter; d . A Combination Mortgage, Security Agreement and Fixture Financing Statement, dated as of December 1, 1993, from the Owner to the Trustee; e . An Assignment of HAP Contract, from the Owner to the Trustee and approved by MHFA and the United States Department of Housing and Urban Development; and f. A Preliminary Official Statement ( the "Preliminary Official Statement ") and a Final Official Statement dated on or prior to the bond closing (the "Official Statement ") . The agreements described and referred to in paragraphs a through f above, shall hereinafter sometimes be referred to collectively as the "Agreements". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER: SNG62237 BR291 -115 2 RESOLUTION NO. 1. That it is hereby ound determined d and declared that: a. The Program described in the Agreements is a Program authorized by the Act; and the Program and financing program therefore is hereby approved as required by Sections 462C.01 and 462C.04 of the Act; b. The preservation of the quality of life in the City is dependent upon the maintenance, provision, and preservation of an adequate housing stock which is affordable to persons and families of low or moderate income, that accomplishing this is a public purpose, and that many would -be providers of housing units in the City are either unable to afford mortgage credit at present market rates of interest or are unable to obtain mortgage credit because the mortgage credit market is severely restricted; c. The development and implementation of the Program, and the issuance and sale of the Bonds by the City, and the execution and delivery of the Agreements and the performance of all covenants and agreements of the City contained therein and of all other acts and things required under the Constitution and Laws of the State of Minnesota to make the Agreements and the Bonds valid and binding obligations of the City in accordance with their terms, are authorized by the Act; d. The implementation of the Program for the purposes and in the manner contemplated by the Agreements conforms or will conform to all pertinent statutes, regulations and ordinances of the State of Minnesota, and the City; e. It is desirable that the Bonds in the principal amount not to exceed $5,440,000 be issued by the City, on the terms set forth in the Indenture and the Bond Purchase Agreement; SNG62237 BR291 -115 3 RESOLUTION NO. f. The a p yments required or provided for by the Agreements are intended to produce income and revenues sufficient to provide for the payment when due of principal of, and interest on all Bonds issued under the Indenture, and payments are required to be made for such expenses of, among other things, administration of the Program, as will be necessary to protect the interests of the City and the Trustee; and g. Pursuant to the provisions of the Act, and as provided in the Agreements, the Bonds shall be retired solely from the revenues of the Project, and a separate sinking fund shall be established for the accounting of the revenues and retirement of the Bonds. 2. That the Agreements in substantially the forms submitted to the City at this meeting, are hereby approved. Such of the documents as require the execution of the City are hereby authorized and directed to be executed or accepted, as the case may be, and delivered in the name and on behalf of the City by its Mayor and City Manager upon execution thereof by the parties thereto as appropriate. The Bonds and the Agreements shall be executed and delivered as provided therein. The distribution of the Preliminary Official Statement to potential purchasers of the Bonds is hereby approved. In addition, the distribution of a final Official Statement to purchasers of the Bonds, in substantially the form of the Preliminary Official Statement, is hereby approved. Copies. of all the documents necessary for the consummation of the transactions described herein and in the Agreements shall be delivered, filed and recorded as provided herein and in the Agreements. 3. That the form and terms of the Agreements may be varied prior to execution and delivery by the parties thereto, provided that any such variance shall not be, in the opinion of the City's legal counsel and the Mayor, materially adverse to the interests of the City. The execution and delivery of the Agreements as SNG62237 BR291 -115 4 RESOLUTION NO. provided above shall all be conclusive evidence of the determination that any such variance was not materially adverse to the interests of the City. 4. That in anticipation of the collection of revenues of the Project, there shall be issued forthwith the Bonds, in the principal amount not to exceed $5,440,000, which issuance is hereby given preliminary and final approval, substantially in the forms and upon the terms set forth in the Indenture, the terms of which are for this purpose incorporated in this resolution and made a part hereof as if fully set forth herein. The Bonds shall be dated as of the date and shall mature on the dates (subject to redemption on such earlier dates as provided in the Indenture) , bear interest and be payable at the rates, all determined as set forth in the Indenture, provided that such rates shall result in an average coupon not greater than 6.10 %. The City may at its option issue additional bonds at a later date to be used to pay or reimburse costs of the Project not paid from the proceeds of the Bonds, in a principal amount not to exceed the amount set forth in the Program. 5. That all actions of the members, employees and staff of the City heretofore taken in furtherance of the Program are hereby approved, ratified and confirmed. 6. That the sale of said Bonds to the Original Purchaser to be determined is hereby approved, and the Bonds are hereby directed to be sold to the Underwriter, at a price equal to 98.5% of the principal amount of bonds to be issued, upon the terms and conditions set forth in the Bond Purchase Agreement. The Mayor and City Manager of the City are hereby authorized and directed to prepare and execute by manual or facsimile signature the Bonds as described in the Indenture and to deliver them to the Trustee (which is herein designated as the authenticating agent under Minnesota Statutes, Section 475.55) for authentication SNG62237 BR291 -115 5 RESOLUTION NO. and delivery to the Original Purchaser, together with a certified co of this � � g PY Yus resolution, and the other documents required by the Indenture. 7. That the Mayor, City Manager and other officers of the City are authorized and directed to prepare and furnish when the Bonds are issued, certified copies of all proceedings and records of the City relating to the Bonds and such other affidavits and certificates (including but not limited to those required by bond counsel) as may be required to show the facts relating to the legality, tax exemption and marketability of the Bonds as such facts appear from the books and records in said officers custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements made by the City and contained therein. The Mayor, City Manager and said officers are further authorized to execute such additional documents as shall be determined by the Mayor to be necessary and desirable to provide for the issuance of the Bonds. 8. That all covenants, stipulations, obligations and agreements of the City contained in this resolution and the aforementioned documents shall be deemed to be t obligations and agreements of the City the covenants, stipulations, obli a i s y to the full extent p � g �' authorized or permitted by law, and all such covenants, stipulations, obligations and agreements shall be binding upon the City. Except as otherwise provided in this resolution, all rights, powers and privileges conferred and duties and liabilities imposed upon the City by the provisions of this resolution or of the aforementioned documents shall be exercised or performed by the City or by such members of the City, or such officers, board, body or agency thereof as may be required or authorized by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation or agreement herein contained or contained in the aforementioned documents shall be deemed to be a covenant, SNG6223'7 BR291 -115 6 RESOLUTION NO. stipulation, obligation or ag of an member of the Ci or an off' �' Y y, y of agent or employee of the City in that person's individual capacity, and neither the City Council nor any officer or employee executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. No provision, covenant or agreement contained in the aforementioned documents, the Bonds or in any other document related to the Bonds, and no obligation therein or herein imposed upon the City or the breach thereof, shall constitute or give rise to any pecuniary liability of the City or any charge upon its general credit or taxing powers. In making the agreements, provisions, covenants and representations set forth in such documents, the City has not obligated itself to pay or remit any funds or revenues, other than funds and revenues derived from the Project or the proceeds of the Bonds which are to be applied to the payment of the Bonds, as provided therein and in the Indenture. The Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property or funds of the City except that revenue and proceeds pledged to the payment thereof, nor shall the City be subject to any liability thereon. The Holders of the Bonds shall never have the right to compel any exercise of the taxing power of the City to pay the outstanding principal on the Bonds or the interest thereon, or to enforce payment hereon against any property of the City. The Bonds shall recite in substance that the Bonds, including the interest thereon, are payable solely from the revenues and proceeds pledged to the payment thereof. The Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. 9. That except as herein otherwise expressly provided, nothing in this resolution or in the aforementioned documents expressed or implied, is intended or SNG62237 BR291 -115 7 RESOLUTION NO. shall be construed to confer upon any person or firm or corporation, other than the City or any holder of the Bonds issued under the provisions of this resolution, any right, remedy or claim, legal or equitable, under and by reason of this resolution or any provision hereof, this resolution, the aforementioned documents and all of their provisions being intended to be and being for the sole and exclusive benefit of the City and any holder from time to time of the Bonds issued under the provisions of this resolution . 10. That in case any one or more of the provisions of this resolution, or of the aforementioned documents, or of the Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution, or of the aforementioned documents, or of the Bonds, but this resolution, the aforementioned documents, and the Bonds shall be construed and endorsed as if such illegal or invalid provision had not been contained therein. 11. That the Bonds, when executed and delivered, shall contain a recital that they are issued pursuant to the Act, and such recital shall be conclusive evidence of the validity of the Bonds and the regularity of the issuance thereof, and that all acts, conditions and things required by the laws of the State of Minnesota relating to the adoption of this resolution, to the issuance of the Bonds and to the execution of the aforementioned documents to happen, exist and be performed precedent to and in the enactment of this resolution, and precedent to issuance of the Bonds and precedent to the execution of the aforementioned documents have happened, exist and have been performed as so required by law. 12. That in the event any of the officers of the City authorized to execute documents on behalf of the City under this resolution shall have resigned or shall for any reason be unable to do so, any member of the City, or officer of the City, is SNG62237 BR291 -115 8 RESOLUTION NO. hereby directed and authorized to do so on behalf of the 't Ci y, with the same effect as if executed by the officer authorized to do so in this resolution. 13. That in order to qualify the Bonds as "qualified tax - exempt obligations" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended ( the "Code ") , the City makes the following factual statements and representations: (a) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (b) the City hereby designates the Bonds as "qualified tax - exempt obligations" for purposes of Section 265 (b) (3) of the Code; (c) the reasonably anticipated amount of tax - exempt obligations (other than private activity bonds, treating qualified 501(c) (3) bonds as not being private activity bonds) which will be issued by the City (and all subordinate entities of the City) during calendar year 1993 will not exceed $10,000,000; and (d) not more than $10,000,000 of obligations issued by the City during calendar year 1993 have been designated for purposes of Section 265(b)(3) of the Code. 14. That this Resolution shall take effect immediately. Dated: Mayor ATTEST: Clerk SNG62237 BR291 -115 9 RESOLUTION NO. 0 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. SNG62237 BR291 -115 10 MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION NOVEMBER 18, 1993 CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairperson Sander at 7 ;32 p.m. Chairperson Ella Sander, Commissioners Mark Holmes, Robert Mickelson, Dianne Reem, and Tim Willson. Also present were the Secretary to the Planning Commission Planning and Zoning Specialist Ronald Wttrrcn and Planning Commission Recording Secretary Kathy Stratton. Chairperson Sander indicated that Commissioners Johnson and Hilstrom had called to indicate that they would not make this evening's meeting and were, therefore, excused. APPROVAL OF MINUTES - OCTOBER 28 199' Motion by Commissioner Mickelson, seconded by Commissioner Willson, to approve the minutes of the October 28, 1993, Planning Commission meeting as submitted. Voting in favor: Chairperson Sander, Commissioners Holmcs, Mickelson, Reem and Willson. Voting against: none. The motion passed. CHAIRPERSON'S EXPLANATION Chairperson Sander explained that the Planning Commission is an advisory body. One of the. CAmmission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 93015 (CITY OF BROOKLYN CENTER) Chairperson Sander introduced the first item of business, a request by the City of Brooklyn Center to rcznne from C2 (Commerce) and R5 (Multiple Family Residence) three parcels of land located at the S.E. Quadrant of T.H. 252 and 66th Avenue North. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 93015, attached). He also explained if the Planning Commission should see fit to recommend approval of Application 93015 two resolutions would be involved, one amending the Comprehensive Plan and one for the re- zoning. He explained the date and time of public hearings for both had been published and notices sent 11 -18 -93 1 out. He also said the Commission could distinguish which comments from the public pertained to which issue, and since one is inappropriate without the other the two public hearings could be combined, PUBLIC HEARING (APPLICATION NO, 93015) Chairperson Sander opened the meeting for the purpose of a public hearing on a request for rezoning from C2 (Commerce) and R5 (Multiple Family Residence) three parcels of land located at the S.E. Quadrant of T.H. 252 and 66th Avenue North and amendment of the Comprehensive Plan at 8:21 pm, She inquired if there was anyone present who wished to address the Commission, Mr. Rod Snyder of 6408 Willow Lane thanked the Planning Commission for its action in August recommending denial of the application of Holiday Stationstores, Inc. He said the citizens of his neighborhood felt listened to and were encouraged democracy does work. He explained he spoke for himself and probably reflected the views of most of those living in his neighborhood when he said he hoped the Commission would recommend the proposed change in inning to C -1. He said he would prefer a residential zoning but he realized C -1 zoning represented a good and realistic Compromise. Mr. Snyder questioned why only part of the area between 66th and the freeway was being considered for rezoning. The Secretary explained if the area where Lyn River Apartments was included in the rezoning at this time much more study would have to take place before any action cc)ukl be taken. He added that the rezoning review is to coincide with the moratorium which is scheduled to expire at the end of January, 1994. Commissioner Willson agreed with the Secretary and added he thinks this particular rezoning should be considered a step in a more comprehensive and pruactive long -range plan for the area. Mr. Snyder gave an account of his own research regarding the number of crime calls per resident in the area in question and concluded the crime level there is much higher than elsewhere in Brooklyn Center. He offered the challenge to the Planning Commission to acknowledge problems in the neighborhood, but to realize the residents have spirit and resolve to work out the problems. He said to approve Application 93015 was the finest action the Commission could make. Mr. Phillip Dahlen of 6518 Willow Lane suggested the area in question for rezoning be zoned specifically for a senior citizen's complex, which would work best with what the National Park Service is trying to do with areas near the river. Mr. Sandip Bhakta, owner of the Brookdale Motel expressed his view the rezoning of his property was unfair. He said he had just purchased the motel 6 months ago without knowing it would be rezoned. He said lie did not believe the crime in the area was as high as Mr. Snyder said as he had not heard of any of the police calls. He said he thought only 11 -18 -93 2 the portion that had be considered was there first and since the a eaacr he streets station oned co mmercial. zoned as his motel Commissioner Willson explained a rezoning didn't make any change in his present business nor imply his business should go away, but fits with the city -wide policy not to spot - ;cane so small parcels of land can be combined for redevelopment. The Secretary explained the responsibilities of the City regarding zoning. He said a zoning doesn't have to be driven by any particular developer's application, nor does a zoning have to stay as it is because any particular landowner wants it that way. He said the City may act in any way it believes is a benefit to the community. Mr. Warren also explained nowhere in any recommendation of the staff to the Planning Commission is it stated the reason for rezoning is because of the crime issue. Mr. Bhakta asked why it is a benefit to the community to change the zoning of his property, The Secretary responded because the Brookdale Motel may not stay there forever, when it is time for a change a C -1 zoning provides a b0fcr between T.K. 252 and the residential area along Willow Lane. Commissioner Holmes said he could understand the position of Mr, Bhakta having just acquired the motel without knowing of the plans to re zone and asked about the Citv's liability. The Secretary explained if an individual feels he is damaged somehow from rezoning he can certainly pursue that in court. But, he continued, that should not have any affect on Il()w the Planning Commission would decide the issue, nor would the issue of who was in the neighborhood first have any impact. Commissioner Willson reiterated crime is not the reason for rezoning, but rather it is an attempt to protect a neighborhood far into the future, and since buildings don't just ga away, if it were an attempt to battle crime it would be an ineffective one. Mr. Tom Gedde introduced his colleague Lynn Anderson and explained he spoke on behalf of Holiday Stationstores, Inc. He said their point of view is a different one, and without getting too legal or technical as disc S discu would t pl ace p ace between his company and the City Attorney he record try show his company has the right to purchase the Atkins property. He said downzoning does include considerable liability o the City of Brooklyn tY ty Center and will cast the City a sum of money. He reminded the Commission the City Council in 1990 increased the amount of lend zoned C -2 in that area even though the Planning Commission had recommended ' fi e zoned C -1. He said it i. in a ppr op riate 5 for a Ci tc� bounce City of nee back and 11 -18 -93 3 forth in decisions regarding zoning, especially after decades of the property being C -2 and even after the SEH study was made and there were no subsequent changes. Mr. Gedde commented a C -1 zoning makes no sense at a time when office space is sitting vacant and office property values have plummeted. He said what the property nccds is exactly what Holiday has proposed, and though there would be a little noise and traffic generated, it seems irrelevant when T.H. 252 is right there with 55,000 cars going by per day. He said since Holiday has been such an accommodating applicant and has made every attempt to provide screening and landscaping, the landowner should be allowed to use the property in the way it was zoned before homes were even built. He encouraged the Commissioners to take a step back and consider a combination zoning for the property in question, as a senior citizen facility would work well along with the Holiday station. He concluded by not rezoning the City will have been fair to the property owner, avoided a loss in the tax base, been fair in spite of the difficulty of saying; no to the residents, and avoided hundreds of thousands of dollars in expenses to the City. Mr. Fred Schilling of 6858 Willow Lane read from a City Brochure about the quality of life in the area. He said the proposed rezoning is the best way to benefit the community in the fiiture, and said a park or mini -golf business would also be good options for the land. Mr. Bill Hannay, 6432 Willow Lane said "if anyone is wondering who has been in the area the longest, it's me!" I said he has lived in his home since 1946, long bcfrue any apartments were built, before Mr, Atkins owned property, and before the hotel. Mr. Bill Elsholtz of 6546 Willow Lane encouraged the Commission not to be frightened by threat of liability since anybody can sue, but that does not mean they will win, and "ince the special use permit was denied on the basis conditions were not met. He added there is usually a contingency on any property purchase that would work in the City's favor. He added the gain in tax base from IIoliday would be outweighed by the cumulative effect of the loss in property value of the surrounding homes and therefore should not be an issue to the City. He concluded the present abundance in office space has nothing to do with future trends, and he agreed the land should be C -1. Mr. Tom Kouri of 6416 Willow Lanc expressed his support of the C -1 rezoning since a C -2 zoning is not compatible with the needs of the community. He mentioned the; petition with 200 names shows the neighborhood is committed to working with the Planning Commission to bring the best development. Ms. Julie Barry of 7119 Dallas Road, asked why the area north of 66th has a wall and berm while the area south of 66th does not. Chairperson Sander reminded her this public hearing is specifically about the zoning and comprehensive plan issues. Ms. Dawn Wolter of 6807 Willow Lane expressed her opinion the City would incur higher liability in the future if it loses good neighbors and solid citizens. 11 -18 -93 4 T LOSE P HEARING There was a rn()li1711 1>y f= oIrlmissioncr Willson and seconded by Commissioner close the public hearing on the Comprehensive Plan Amendment Holmes to passed unanimously, at 9:22 p m The motion There was a motion by Commissioner Mickelson and seconded by Commissio to close the public hearing reg arding the rezoning at 9,23 p.m ner Holmes unanimously, The nicftiut� pa5scd In response to some comments by Mr. Gedde Commissioner Holmes asked wh had Voted to Overrule the F'ltlnninb Com mission's recommendation to zone th y the Council in 1990, e p c)perty C -1 The Secretary explained at that point the Council thought a gas station /convenie wash could work but since then has come to the conclusion it would not. nee store /car Commissioner Mickelson reminded the audience the Commission is o that recommends action to the City Council but has no real authorit to dec d advisory body issues, Chairperson Sander concurred and said the Commission states t that at the °n these of each of its meetings beginning ACTION RECOMMENDING APP 13I Q�YN CENTER) KOVAt OF APPLICATI N NO. 9 015 CITY OF RESOL 1TION 9 Q3 Commissioner Ti m Willson introduced the following esolution a nd nd moved its adoption: RESOLUTION RECOMMENDING AMENDMENT OF RES TY COUN CIL LOCATED AT HE 82-2.55 (COMPREHENS1tJE PLAN) KkLATIVE TO LOCATED AT THE SOL1TIiFA,ST QUADRANT OF T.H. Z52 AND 66TH ENUE LAND NORTH AV The motion for the adoption of the foregoing resolution was duly seconded b Commissioner Bob Mickelson and the motion passed unanimously, y RESOLUTION q -04 Commissioner Bob Mickelson introduced the following resolution and moved its ado lion with minor wording changes to point #2 and #S: p RESOLUTION REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 93015 SUBMITTED BY THE CITY OF BROOKLYN CENTER (Regarding rezoning from C2 and R5 three parcels of land located at the S.E., Quadrant of T.H. 252 and 66th Avenue North. 11 -18 -93 5 The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Tim Willson, and the motion passed unanimously. The Secretary said the Commission's recommendation would be before the City Council on December 6, 1991, anti no tires of the Council's consideration would be sent, Commissioner Willson said he believes the Commission has taken a good, sound approach even though it has been very difficult to deny the application submitted by Ifuliday and difficult in light of the death of Mr. Atkins. He said he believe it is the correct action and in the best interest of the City. OTHER BUSINESS The Secretary asked the Commissioners if they could be flexible about the meetings for next year and if they could be on Wednesdays instead of 'Thursdays in a few instances. He said he would bring a proposed schedule to the next meeting. It was confirmed the next Planning Commission meeting is December 9th. Chairperson Sander explained she could not attend the meeting December 9th and may not he on the Cotunlission for 1994 as her term is up. She therefore thanked the Commissio'ncrs for their good work and effective participation, The Secretary explained three of the seven Commissioner's terms expire at the end of the year and all three members wish to continue serving on the Planning Commission. ADJOG'RNMBNT There was a motion by Commissioner Mickelson and seconded by Commissioner Holmes to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 9:42 p.m. Chair Pro Tem Mark Holmes Recorded and transcribed by; Kathy Stratton Timc3aver Off Sitc Secretarial 11 -18 -93 6 PLANNING COMMISSION INFORMATION SHEET Application No: 93015 Applicant: City of Brooklyn Center Location: Southeast Quadrant of T.H. 252 and 66th Avenue North Request: Rezoning The City of Brooklyn Center, under this application, is initiating a rezoning of three parcels of land located at the southeast quadrant of T.H. 252 and 66th Avenue North from their current C2 (commerce) and R5 (multi family residence) zoning classifications to a C1 (service /office) zoning designation. This rezoning, approved, when coupled with an existing C1 parcel of g g g� PP � P g P land at the southwest corner of 66th Avenue and North Willow Lane would make four contiguous parcels of land all with the same C1 zoning classification located between 66th Avenue on the north, 65th Avenue on the south, T.H. 252 right of way on the west and North Willow Lane on the east. The properties under consideration for this rezoning and their current zoning designation are as follows: 6550 West River Road, site of Premier Mechanical which is currently zoned C2; 6500 West River Road, the site of the Brookdale Motel which is currently zoned C2; and 6525, 27, 29 North Willow Lane, the site of a City owned apartment complex slated for . demolition which is zoned R5 BACKGROUND This City initiated rezoning was established by the City Council on September 27, 1993, at which time the Council set November 18, 1993, as the date for the Planning Commission to hold a public hearing regarding a rezoning in this area. The City Council also took action on that date to adopt an Interim Emergency Ordinance (Ordinance No. 93 -11), an Interim Ordinance (Ordinance No. 93 -12) and a City Council resolution (Resolution No. 93 -156) all for the purpose of protecting the planning process and the health, safety and welfare of the residents of the City, and regulating and restricting development on all land south of 66th Avenue and north of I -694 lying between Willow Lane and T.H. 252. This established a moratorium on development and redevelopment in the affective area. The moratorium is not scheduled to expire until January 25, 1994. The Planning Commission on October 14, 1993, discussed the City Council's direction and after deliberation agreed that it would be appropriate to consider a rezoning of the necessary property so that a C1 zoning designation be considered for the property bounded by 66th Avenue on the north, 65th Avenue on the south, T.H. 252 right of way on the west and North Willow Lane on the east. The Commission directed the staff to prepare, publish and mail appropriate public hearing notices regarding such a rezoning and Comprehensive Plan amendment. This proposed Cl zoning designation is consistent with zoning recommendations made by the Planning Commission in 1989 following a land use study of the area by Short- Elliot- Hendrickson, Inc. (SEH). Application No. 93015 continued One of the properties under consideration for rezoning has been the subject of three development proposal over the past four years, each involving the use of this site addressed as 6550 West River Road as a gas station /convenience store /car wash. The most recent request (Planning Commission Application No. 93010 submitted by Holiday Station Stores, Inc.) has led the City Council to seek a rezoning of this are because of the incompatibility of C2 uses with neighboring residential property to the east of this site. REZONING EVALUATION POLICY AND REVIEW GUIDELINES All rezoning proposals are to be measured against the City's Rezoning Evaluation Policy and Review Guidelines contained in Section 35 -208 of the City's Zoning Ordinance (copy attached). It is the policy of the City that zoning classifications be consistent with the City's Comprehensive Plan and that rezoning proposals shall not constitute "spot zoning" which is defined as a zoning decision which discriminates in favor of a particular land owner, and does not relate to the Comprehensive Plan or to accepted planning principles. Each rezoning proposal is to be considered on its merits and measured against the various guidelines contained in Section 35 -208. A review of the guidelines is as follows: a. Is there a clear and public need or benefit? The public need or benefit which would result from the proposed rezoning is to establish an appropriate buffer zone between the high level of traffic and the accompanying noise, odor and vibration from T.H. 252 and the well established single family residential area to the east of the subject site. The use of the east half of the subject property for intense commercial uses cannot be appropriately buffered and screened from that residential area. Many of the permitted and special uses allowed under the current C2 zoning, particularly uses that are 24 hour operations and involve the regular coming and going of traffic at all hours, are not compatible with the residential area to the east. A C 1 zoning designation in this area would allow less intense service /office land uses which do not have the same adverse impact on the neighboring residential property. b. Is the proposed zoning classification consistent with and compatible with surrounding land use classifications? A Cl zoning classification for the proposed area would be more compatible with residential areas than a more intense commercial development. A review of other zoning designations leads to the conclusion that C1 zoning is the most appropriate. An industrial use of the property would be incompatible with the neighboring residential use. Multi family residential has not proved very compatible with neighboring properties and single family residential does not appear to be economically feasible for redevelopment in this area and should not be looked at as a transitional or buffer use between T.H. 252 and the existing residential development. 11 -18 -93 -2- Application No. 93015 continued C. Can all permitted uses in the proposed zoning district be contemplated for development of the subject property? All permitted uses in the proposed zoning district can be contemplated for development or redevelopment of the subject area. This City has acquired the multi residential property at 6525, 27, 29 North Willow Lane for the purpose of clearing the land and eventually allowing the redevelopment of this property, possibly in conjunction with other property in the area. A multiple family use of the property has not proved to be appropriate in this area. The fact that there is an abundance of multi family dwellings in the northeast area of the City, as well as in the City as a whole, leads the City to look for another zoning of the land consistent with this area. The property immediately to the north is zoned C1 and redevelopment of the two properties, or possibly all of this area, would be appropriate. Attached is a list of the Cl permitted and special uses from Section 35 -320 of the City 's Zoning Ordinance. Any of these uses could be developed in this area. A large single development, or multiple office development, without direct access to Willow Lane would serve this area well. d. Have there been substantial physical or zoning classification changes in the area since the subject property was zoned? Other than the upgrading of T.H. 252 and the redesign of the intersection at 66th Avenue North, there have not been substantial physical or zoning classification changes in this area. e. In the case of City initiated rezoning proposals, is there a broad public purpose evident? The City ouncil has concluded that to continue with a C2 commerce zoning Y (commerce) g on this land with the type of high intensity commercial uses attracted to this area such as a gas station /convenience store /car wash or possibly fast food restaurants is inappropriate given the close proximity to a solidly established residential area to the east. A service/ office designation and eventual redevelopment of this area offers the owners of the property a reasonable use of their property in a manner compatible with neighboring property with no potential depreciating affect on the value of neighboring property. f. Will the subject property bear fully the ordinance development restrictions for the proposed zoning district? It does not appear that there would be any major difficulties with respect to meeting ordinance development restrictions for the proposed C1 zoning designation. It should be noted that the Brookdale Motel would become a non- conforming use of land if the zoning proposal is accomplished. This means that 11 -18 -93 -3- Application No. 93015 continued this site could continue to be used a motel but could not be expanded, be enlarged or if it were destroyed by more than 50% by fire, wind, etc. it could not be rebuilt. Premier Mechanical is a use which can be comprehended in a C1 zoning district with the exception of the outside storage that is done on the site. This aspect of the operation (outside storage) would be considered a non - conforming use and could continue but could not be enlarged or expanded. g. Is the subject property generally unsuited for uses permitted in the present zoning district, with respect to size, configuration, topography or location? The fact that the currently zoned C2 property is generally situated at a higher elevation than the property to the east makes it very difficult, if not impossible, to screen the adverse affects of a C2 use of the property from the residential areas to the east. A service /office utilization of the entire area, with its less intensive uses and a possible single unified development, can overcome this difficult screening and buffering issue. Also, it is believed that the C2 zoned property is generally unsuited for many of the more intense commercial uses which are attracted to this site again, because of its close proximity to residentially zoned property. h. Will the rezoning result in the expansion of a zoning district, warranted by: 1.) comprehensive planning; 2.) Lack of developable land in the proposed zoning district; or 3.) The best interests of the community? Currently the land use designation of this area in the Comprehensive Plan recommends a commercial retail utilization of the area. A Comprehensive Plan amendment will have to be accomplished for this rezoning to be approved. Figure 14 and table 15 of the Comprehensive Plan relating to land use revisions specifically will have to be altered to acknowledge this area for service /office development. With respect to the lack of developable land in the proposed zoning district, there is little developable land in the City. Redevelopment will have to occur for a C1 use of the property and this type of redevelopment in this area should be encouraged. Regarding the "best interests of the community" it appears that a rezoning to C1, as mentioned previously, makes sense from the standpoint of all parties concerned. i. Does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel? We believe it does and is a very real compromise respecting all the parties concerned. It should be noted that the City, in the latter part of 1989, retained the consulting firm of Short- Elliot- Hendrickson, Inc. (SEH) to conduct a land use study in this area. There were three study 11 -18 -93 -4- Application No. 93015 continued areas reviewed and various findings and recommendations were made. Area number two of that study is the same area under consideration in this rezoning. As part of its study, SEH recommended a reconfiguration and redesign of the 66th Avenue /Willow Lane intersection as a key element in its land use recommendation that proposed C2 on the west half of this area (along T.H. 252). It supported the open space and buffering concept and the avoidance of direct access onto Willow Lane. A softening of the curve on West River Road, north of 66th Avenue and the "teardrop" median separation have been accomplished. The other aspects of the redesign have not been accomplished, and do not appear to be feasible at this time as well. The Planning Commission at the time of the SEH study made a different recommendation given its review of the same land use study. That recommendation also supported the redesign and reconfiguration of the 66th Avenue /Willow Lane access especially the open space and buffering proposal and the elimination of direct access to Willow Lane. However, the Planning Commission recommended that Study Area 2 (which again is the same area comprehended in this rezoning proposal) be rezoned to Cl or PUD /C 1 with a definite service /office orientation. The Commission's recommendation noted that the Brookdale Motel and Atkins Mechanical uses, however, are acceptable uses in this area. The Commission also noted that the necessary land area be acquired in order to redesign the access to North Willow Lane and to provide and maintain a buffer /landscape /berm area. COMPREHENSIVE PLAN As mentioned previously a Comprehensive Plan amendment is required for this rezoning, or any rezoning, to be accomplished. Figure 14 and table 15 of the Comprehensive Plan relating to land use revisions at location no. 3 recommends that this area be a commercial retail use for a great portion of this property. It is recommended that the plan be amended to acknowledge the area bounded by 66th Avenue on the north, 65th Avenue on the south, T.H. 252 on the west and North Willow Lane on the east as location no. 3a and be designated "service /office" . Justification for a Comprehensive Plan amendment is the same as that outlined above for the rezoning. It appears that it is in the best interest of the community to have a service /office designation for land use in this area that will provide an appropriate buffer and transition area between T.H. 252 and the residential area to the east and also it will represent a reasonable use of the land. A public hearing on the Comprehensive Plan amendment has also been scheduled. ADDITIONAL COMMENTS The Commission has asked for information relating to the draft Comprehensive Management Plan established for the Mississippi National River and Recreation Area. Attached is a copy of a summary of the draft Comprehensive Management Plan Environmental Impact Statement date June, 1993 for the Commission's review. As mentioned at the October 14, 1993, Commission meeting, the staff has met with representatives of the National Park Service and discussed if the proposed legislation would prohibit commercial development within this area. Policies apply Is to property within 300' of the ordinary high water mark of the Mississippi River or 100' from 11 -18 -93 -5- Y Application No. 93015 continued its bluff line. It does not necessarily prohibit commercial development in these areas but encourages development that is sensitive to the River. Attached are two draft Planning Commission resolutions, one recommending amendment of the Comprehensive Plan and the other recommending the disposition of Planning Commission Application No. 93015. The Planning Commission normally refers rezoning requests to respective the Neighborhood Advisory Group for review and comment. There has been much neighborhood review and comment over the past few years, and in fact the Northeast Neighborhood Advisory Group in 1989 recommended the rezoning of this subject area to Cl. The City Council has established the date of January 25, 1994 as the end of the moratorium. Because of this short time frame and the past Neighborhood Advisory Group comments it is not recommended that this matter be referred to the Northeast Neighborhood Advisory Group for additional comments. If the Commission concurs with the Cl rezoning proposal it is recommended that the appropriate recommendations be made and this matter referred to the City Council for their consideration at their next City Council meeting which is scheduled for December 6, 1993. 11 -18 -93 -6- CITY OF BROOKLYN CENTER Council Meeting Date 12 -6 -93 Agenda Item Number _ [� REQUEST FOR COUNCIL CONSIDERATION • ITEM DESCRIPTION: PLANNING COMMISSION APPLICATION NO. 93015 SUBMITTED BYTHE CITY OF BROOKLYN CENTER ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: RON LD A. WARREN, PLANNING AND ZONING SPECIALIST ` MANAGER'S REVIEW /RECOMMENDATION: ``�; 1 No comments to supplement this report Comments below /attached ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached ) Planning Commission Application No. 93015 submitted by the City of Brooklyn Center is a request to rezone three parcels of land located at the southeast quadrant of T.H. 252 and 66th Avenue North from their current C2 (commerce) and R5 (multi - family residence) zoning classifications to a C1 (service /office) zoning designation. This rezoning, if approved, when coupled with an existing C1 parcel of land at the southwest corner of 66th Avenue North and North Willow Lane would make four contiguous parcels of land all with the same C1 zoning classification located between 66th Avenue North on the north, 65th Avenue North on the south, • T.H. 252 right of way on the west and North Willow Lane on the east. This application was considered by the Planning Commission at its November 18, 1993, meeting. This City initiated rezoning was established by the City Council on September 27, 1993, at which time the Council set November 18, 1993, as the date for the Planning Commission to hold a public hearing regarding a rezoning in this area. The City Council, on September 27, also took action to establish a moratorium on development in this area. The moratorium is scheduled to expire on January 25, 1994. The Planning Commission, on October 14, 1993, had decided that a rezoning proposal to C1 (service /office) was the most appropriate and proceeded to direct the staff to prepare notices of such a rezoning and publish notices of public hearings on the rezoning and a potential comprehensive plan amendment. The Planning Commission held public hearings on these matters at their November 18, 1993, meeting. Attached for the Council's review are minutes and information sheets from the November 18, 1993, meeting, an area map showing the location of the subject site, a copy of Section 35 -208, which is the City's rezoning evaluation policy and review guidelines, a copy of Table 14 and Figure 15 from the Brooklyn Center Comprehensive Plan and copies of Planning Commission Resolution No. 93 -3 and 93 -4. There are three actions being requested by the City Council relating to this application: 1. A resolution amending City's the Ci 's Com P rehensive Plan; 2. A resolution regarding the disposition of Planning Commission application No. 93015; 3. An ordinance amending Chapter 35 of the City Ordinances regarding the zoning classification of certain land. The Comprehensive Plan Amendment requires a 2/3 majority vote of the City Council for adoption. Recommendation The Planning Commission recommended approval of a Comprehensive Plan Amendment under their Planning Commission Resolution No. 93 -3, and recommended approval of Planning Commission Application No. 93015 under their Planning Commission Resolution No. 93 -4. The ordinance amendment regarding zoning designation of certain land is a housekeeping amendment to the zoning ordinance which describes the land within the various changed zoning designations. It is recommended that the City Council adopt the two resolutions submitted and have a first reading on the proposed ordinance amendment if the Council wishes to approve the rezoning of the subject property to C1 (service /office). PLANNING COMNIISSION INFORMATION SHEET Application No: 93015 Applicant: City of Brooklyn Center Location: Southeast Quadrant of T.H. 252 and 66th Avenue North Request: Rezoning The City of Brooklyn Center, under this application, is initiating a rezoning of three parcels of land located at the southeast quadrant of T.H. 252 and 66th Avenue North from their current C2 (commerce) and R5 (multi family residence) zoning classifications to a C1 (service /office) zoning designation. This rezoning, if approved, when coupled with an existing C1 parcel of land at the southwest corner of 66th Avenue and North Willow Lane would make four contiguous parcels of land all with the same C1 zoning classification located between 66th Avenue on the north, 65th Avenue on the south, T.H. 252 right of way on the west and North Willow Lane on the east. The properties under consideration for this rezoning and their current zoning designation are as follows: 6550 West River Road, site of Premier Mechanical which is currently zoned C2; 6500 West River Road, the site of the Brookdale Motel which is currently zoned C2; and 6525, 27, 29 North Willow Lane, the site of a City owned apartment complex slated for demolition which is zoned R5 BACKGROUND This City initiated rezoning was established by the City Council on September 27, 1993, at which time the Council set November 18, 1993, as the date for the Planning Commission to hold a public hearing regarding a rezoning in this area. The City Council also took action on that date to adopt an Interim Emergency Ordinance (Ordinance No. 93 -11), an Interim Ordinance (Ordinance No. 93 -12) and a City Council resolution (Resolution No. 93 -156) all for the purpose of protecting the planning process and the health, safety and welfare of the residents of the City, and regulating and restricting development on all land south of 66th Avenue and north of I -694 lying between Willow Lane and T.H. 252. This established a moratorium on development and redevelopment in the affective area. The moratorium is not scheduled to expire until January 25, 1994. The Planning Commission on October 14, 1993, discussed the City Council's direction and after deliberation agreed that it would be appropriate to consider a rezoning of the necessary property so that a C1 zoning designation be considered for the property bounded by 66th Avenue on the north, 65th Avenue on the south, T.H. 252 right of way on the west and North Willow Lane on the east. The Commission directed the staff to prepare, publish and mail appropriate public hearing notices regarding such a rezoning and Comprehensive Plan amendment. This proposed Cl zoning designation is consistent with zoning recommendations made by the Planning Commission in 1989 following a land use study of the area by Short- Elliot- Hendrickson, Inc. is (SEH). Application No. 93015 continued One of the properties under consideration for rezoning has been the subject of three development proposal over the past four years, each involving the use of this site addressed as 6550 West River Road as a gas station /convenience store /car wash. The most recent request (Planning Commission Application No. 93010 submitted by Holiday Station Stores, Inc.) has led the City Council to seek a rezoning of this are because of the incompatibility of C2 uses with neighboring residential property to the east of this site. REZONING EVALUATION POLICY AND REVIEW GUIDELINES All rezoning proposals are to be measured against the City's Rezoning Evaluation Policy and Review Guidelines contained in Section 35 -208 of the City's Zoning Ordinance (copy attached). It is the policy of the City that zoning classifications be consistent with the City's Comprehensive Plan and that rezoning proposals shall not constitute "spot zoning" which is defined as a zoning decision which discriminates in favor of a particular land owner, and does not relate to the Comprehensive Plan or to accepted planning principles. Each rezoning proposal is to be considered on its merits and measured against the various guidelines contained in Section 35 -208. A review of the guidelines is as follows: a. Is there a clear and public need or benefit? The public need or benefit which would result from the proposed rezoning is to establish an appropriate buffer zone between the high level of traffic and the accompanying noise, odor and vibration from T.H. 252 and the well established single family residential area to the east of the subject site. The use of the east half of the subject property for intense commercial uses cannot be appropriately buffered and screened from that residential area. Many of the permitted and special uses allowed under the current C2 zoning, particularly uses that are 24 hour operations and involve the regular coming and going of traffic at all hours, are not compatible with the residential area to the east. A C1 zoning designation in this area would allow less intense service /office land uses which do not have the same adverse impact on the neighboring residential property. b. Is the proposed zoning classification consistent with and compatible with surrounding land use classifications? A C1 zoning classification for the proposed area would be more compatible with residential areas than a more intense commercial development. A review of other zoning designations leads to the conclusion that C1 zoning is the most appropriate. An industrial use of the property would be incompatible with the neighboring residential use. Multi family residential has not proved very compatible with neighboring properties and single family residential does not appear to be economically feasible for redevelopment in this area and should not be looked at as a transitional or buffer use between T.H. 252 and the existing residential development. 11 -18 -93 -2- Application No. 93015 continued C. Can all permitted uses in the proposed zoning district be contemplated for development of the subject property? All permitted uses in the proposed zoning district can be contemplated for development or redevelopment of the subject area. This City has acquired the multi residential property at 6525, 27, 29 North Willow Lane for the purpose of clearing the land and eventually allowing the redevelopment of this property, possibly in conjunction with other property in the area. A multiple family use of the property has not proved to be appropriate in this area. The fact that there is an abundance of multi family dwellings in the northeast area of the City, as well as in the City as a whole, leads the City to look for another zoning of the land consistent with this area. The property immediately to the north is zoned C 1 and redevelopment of the two properties, or possibly all of this area, would be appropriate. Attached is a list of the Cl permitted and special uses from Section 35 -320 of the City 's Zoning Ordinance. Any of these uses could be developed in this area. A large single development, or multiple office development, without direct access to Willow Lane would serve this area well. d. Have there been substantial physical or zoning classification changes in the area since the subject property was zoned? Other than the upgrading of T.H. 252 and the redesign of the intersection at 66th Avenue North, there have not been substantial physical or zoning classification changes in this area. e. In the case of City initiated rezoning proposals, is there a broad public purpose evident? The City Council has concluded that to continue with a C2 (commerce) zoning on this land with the type of high intensity commercial uses attracted to this area such as a gas station /convenience store /car wash or possibly fast food restaurants is inappropriate given the close proximity to a solidly established residential area to the east. A service/ office designation and eventual redevelopment of this area offers the owners of the property a reasonable use of their property in a manner compatible with neighboring property with no potential depreciating affect on the value of neighboring property. f. Will the subject property bear fully the ordinance development restrictions for the proposed zoning district? It does not appear that there would be any major difficulties with respect to meeting ordinance development restrictions for the proposed Cl zoning designation. It should be noted that the Brookdale Motel would become a non- conforming use of land if the zoning proposal is accomplished. This means that 11-18-93 8 93 -3- Application No. 93015 continued this site could continue to be used a motel but could not be expanded, be enlarged or if it were destroyed by more than 50% by fire, wind, etc. it could not be rebuilt. Premier Mechanical is a use which can be comprehended in a C 1 zoning district with the exception of the outside storage that is done on the site. This aspect of the operation (outside storage) would be considered a non - conforming use and could continue but could not be enlarged or expanded. g. Is the subject property generally unsuited for uses permitted in the present zoning district, with respect to size, configuration, topography or location? The fact that the currently zoned C2 property is generally situated at a higher elevation than the property to the east makes it very difficult, if not impossible, to screen the adverse affects of a C2 use of the property from the residential areas to the east. A service /office utilization of the entire area, with its less intensive uses and a possible single unified development, can overcome this difficult screening and buffering issue. Also, it is believed that the C2 zoned property is generally unsuited for many of the more intense commercial uses which are attracted to this site again, because of its close proximity to residentially zoned property. h. Will the rezoning result in the expansion of a zoning district, warranted by: 1.) comprehensive planning; 2.) Lack of developable land in the proposed zoning district; or 3.) The best interests of the community? Currently the land use designation of this area in the Comprehensive Plan recommends a commercial retail utilization of the area. A Comprehensive Plan amendment will have to be accomplished for this rezoning to be approved. Figure 14 and table 15 of the Comprehensive Plan relating to land use revisions specifically will have to be altered to acknowledge this area for service /office development. With respect to the lack of developable land in the proposed zoning district, there is little developable land in the City. Redevelopment will have to occur for a Cl use of the property and this type of redevelopment in this area should be encouraged. Regarding the "best interests of the community" it appears that a rezoning to CI, as mentioned previously, makes sense from the standpoint of all parties concerned. i. Does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel? We believe it does and is a very real compromise respecting all the parties concerned. It should be noted that the City, in the latter part of 1989, retained the consulting firm of Short- Elliot- Hendrickson, Inc. (SEH) to conduct a land use study in this area. There were three study S 11 -18 -93 -4- Application No. 93015 continued areas reviewed and various findings and recommendations were made. Area number two of that study is the same area under consideration in this rezoning. As part of its study, SEH recommended a reconfiguration and redesign of the 66th Avenue /Willow Lane intersection as a key element in its land use recommendation that proposed C2 on the west half of this area (along T.H. 252). It supported the open space and buffering concept and the avoidance of direct access onto Willow Lane. A softening of the curve on West River Road, north of 66th Avenue and the "teardrop" median separation have been accomplished. The other aspects of the redesign have not been accomplished, and do not appear to be feasible at this time as well. The Planning Commission at the time of the SEH study made a different recommendation given its review of the same land use study. That recommendation also supported the redesign and reconfiguration of the 66th Avenue /Willow Lane access especially the open space and buffering proposal and the elimination of direct access to Willow Lane. However, the Planning Commission recommended that Study Area 2 (which again is the same area comprehended in this rezoning proposal) be rezoned to Cl or PUD /C 1 with a definite service /office orientation. The Commission's recommendation noted that the Brookdale Motel and Atkins Mechanical uses, however, are acceptable uses in this area. The Commission also noted that the necessary land area be acquired in order to redesign the access to North Willow Lane and to provide and maintain a buffer /landscape /berm area. COMPREHENSIVE PLAN S As mentioned previously a Comprehensive Plan amendment is required for this rezoning, or any rezoning, to be accomplished. Figure 14 and table 15 of the Comprehensive Plan relating to land use revisions at location no. 3 recommends that this area be a commercial retail use for a great portion of this property. It is recommended that the plan be amended to acknowledge the area bounded by 66th Avenue on the north, 65th Avenue on the south, T.H. 252 on the west and North Willow Lane on the east as location no. 3a and be designated "service /office ". Justification for a Comprehensive Plan amendment is the same as that outlined above for the rezoning. It appears that it is in the best interest of the community to have a service /office designation for land use in this area that will provide an appropriate buffer and transition area between T.H. 252 and the residential area to the east and also it will represent a reasonable use of the land. A public hearing on the Comprehensive Plan amendment has also been scheduled. ADDITIONAL COMMENTS The Commission has asked for information relating to the draft Comprehensive Management Plan established for the Mississippi National River and Recreation Area. Attached is a copy of a summary of the draft Comprehensive Management Plan Environmental Impact Statement date June, 1993 for the Commission's review. As mentioned at the October 14, 1993, Commission meeting, the staff has met with representatives of the National Park Service and discussed if the proposed legislation would prohibit commercial development within this area. Policies apply to property within 300' of the ordinary high water mark of the Mississippi River or 100' from 11 -18 -93 -5- Application No. 93015 continued its bluff line. It does not necessarily prohibit commercial development in these areas but encourages development that is sensitive to the River. Attached are two draft Planning Commission resolutions, one recommendin g amendment of the Comprehensive Plan and the other recommending the disposition of Planning Commission Application No. 93015. The Planning Commission normally refers rezoning requests to respective the Neighborhood Advisory Group for review and comment. There has been much neighborhood review and comment over the past few years, and in fact the Northeast Neighborhood Advisory Group in 1989 recommended the rezoning of this subject area to C1. The City Council has established the date of January 25, 1994 as the end of the moratorium. Because of this short time frame and the past Neighborhood Advisory Group comments it is not recommended that this matter be referred to the Northeast Neighborhood Advisory Group for additional comments. If the Commission concurs with the C1 rezoning proposal it is recommended that the appropriate recommendations be made and this matter referred to the City Council for their consideration at their next City Council meeting which is scheduled for December 6, 1993. 11-18-93 -b- ■./ / _ ' �I 11 111 �j����� ♦� ♦��� @ -- 111111! NONN /������� Mimi .; . 11111 ������� ' � ���� ♦� e, .� - 11111 /111 X1111111, ii 1/ � I r1 j�������♦�♦���j�� 1/t 1111�� � � /�� t1 111 , ,�� , •, / 1 ■ ♦ ♦ ♦ ♦ ♦ ♦ ♦♦ 111 ,�,© •. 11111 // Ii �,♦ . �■ � ..�t�� : � ., i tam I 111 /t � �I/ ,. X111 � ��♦ = � �� /11� ..: .,. 11 _ ..".." A 11 111 � _ 111 IIIp 111/1 111111 � 1 2 1 _" � 1 �i � �� • 11 1111/ - r� 11111 p � �� • =11111 ,,..,,,�. � �■. E3� r; X1111 1.. r tt /// It 1 11111 X11 /t/ 1; �Ip /I/ � ■11111 �.. 1 ... �, -� •. ����� 1111" '' p�E ,. •. . any M • . Meng Asti � �*.��1���� ����'■ "' � " „ 1 1 1 ' " • . , �� r ,�� X111„ Section 35 -208 REZONING EVALUATION POLICY AND REVIEW GUIDELINES. 1. Purpose The City Council finds that effective maintenance of the com- prehensive planning and land use classifications is enhanced through uniform and equitable evaulation of periodic proposed changes to this Zoning Ordinance; and for this purpose, by the adoption of Resolution No. 77 -167, the City Council has established a rezoning evaluation policy and review guidelines. 2. Policy It is the policy of the City that: a) zoning classifications must be consistent with the Comprehensive Plan, and b) rezoning proposals shall not constitute "spot zoning," defined as a zoning decision which discriminates in favor of a particular landowner, and does not relate to the Comprehensive Plan or to accepted planning principles. 3. Procedure Each rezoning proposal will be considered on its merits, measured against the above policy and against these guidlines which may be weighed collectively or individually as deemed by the City. 4. Guidelines (a) Is there a clear and public need or benefit? (b) Is the proposed zoning consistent with and compatible with surrounding land use classifications? (c) Can all permitted uses in the proposed zoning district be comtemplated for development of the subject property? (d) Have there been substantial physical or zoning classification changes in the area since the subject property was zoned? (e) In the case of City - initiated rezoning proposals, is there a broad public purpose evident? (f) Will the subject property bear fully the ordinance development restrictions for the proposed zoning districts? (g) Is the subject property generally unsuited for uses permitted in the present zoning district, with respect to size, con- figuration, topography or location? (h) Will the rezoning result in the expansion of a zoning district, warranted by: 1) Comprehensive Planning; 2) the lack of developable land in the proposed zoning district; or 3) the best interests of the community? (i) Does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel? B(P Nt �rv►Pe- 6A4CVS1v6 TABLE 1 • Land Use Plan Revisions Location Number Recommended Land Use la. Mid- Density Residential or Public Land lb. Mid- Density Residential 2. Single - Family Residential 3• Commercial Retail 4. Commercial Retail 5• Mid- Density Residential 6a. Light Industrial 6b. Light Industrial 6c. Mid- Density Residential 7a. Single - Family Residential 7b. Public Open Space 8. Multiple - Family Residential 9• Commercial /Retail 10. Commercial /Retail 11. Mixed Use Development (Including High - Density, High -Rise Residential, Service /Office and General Commerce) 12. Mid- Density Residential /High Density Residential. 13. Mid- Density Residential 14. Single- or Two- Family Residential 15. Public Open Space 16. Public Open Space 17• Mid- Density Residential 18. Light Industrial 19• Commercial 20. Low - Density Residential 21. Service /Office 22. Low - Density Residential 23. Service /Office /Mid - Density Residential 24. Service /Office 25. Service /Office /Mid - Density Residential 26. Service /Office /Mid - Density Residential 27. Service /Office /Mid - Density Residential pp_ Service /Office /- Mid- T)Pnsitv -Qsidential 29. Commercial Retail 30 Mid - Density Residential /Service /Office 31. Service /Office /Mid - Density Residential 32. Mid- Density Residential /Service /Office 33. Mid- Density Residential /Service /Office 34. Mid- Density Residential 35. Commercial Retail 36 . Mid - Density Residential /Service /Office 37• Mid- Density Residential 38. Single - Family Residential 39• Service /Office 40. Commercial Retail 41. Service /Office 42. Mid- Density Residential 98 �QdOKLY 6- 2 �-- OmPRSKEN5rvel,�c.6Aj F-gum 15 iir A L GLR LAKE Z ,PAR y .y ..t.l �f 7 7. 1b j? fill �J 1„•I � I � � I .. I 1 '.fit �t.'-y. � ._• 1 �� } I t �{ � - j L -_ . •�a _i O , n i t LAKE li _..... _. � .. t . .. I �� • 1 � W �-- �,, I III I • .I I � • If��ii � (� I i :,. •-il \- La REFERENCE NUMBER nd Use RYAN LAKE Plan Revisions rN 0 0 0 ° QC>'0���1f� Com Itt[� p henswe Plan Member Tim Willson introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 93_03_ RESOLUTION RECOMMENDING AMENDMENT OF CITY COUNCIL RESOLUTION NO. 82 -255 (COMPREHENSIVE PLAN) RELATIVE TO LAND LOCATED AT THE SOUTHEAST QUADRANT OF T.H. 252 AND 66TH AVENUE NORTH WHEREAS, the City Council on December 20, 1982, approved Resolution No. 82 -255, adopting the updated Brooklyn Center Comprehensive Plan; and WHEREAS, the Plan's Land Use Plan at page 98 (table 14 and figure 15) designates area no. 3 as an area for commercial retail land use; and WHEREAS, a proposed rezoning from C2 (commerce) and R5 (multiple family residence) to C1 (service /office) of three parcels of land located at the southeast quadrant of T.H. 252 and 66th Avenue North has been initiated by the City of Brooklyn Center under Planning ommission Application ppllcation No. 93015; and WHEREAS, Section 35 -208 of the City's Zoning Ordinance requires zoning classifications to be consistent with the City's Comprehensive Plan and that rezoning proposals not constitute "spot zoning" defined as a zoning decision which discriminates. in favor of a particular land owner, and does not relate to the Comprehensive Plan or to accepted planning principles; and WHEREAS, the Planning Commission desires to consider a Comprehensive Plan amendment which would create consistency between the goals and policies of the plan and the proposed rezoning under Application No. 93015; and WHEREAS, pursuant to Section 35 -202 of the City Ordinances the Planning Commission has held a duly called public hearing on a draft Comprehensive Plan amendment at its November 18 1993, meeting and has taken testimony relevant to the draft amendment; and WHEREAS, the Commission has considered the draft plan amendment in light of the Comprehensive Plan and the City's Rezoning Evaluation Policy and Review Guidelines. NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center Planning Advisory Commission to recommend to the City Council, pursuant to Section 35 -202 of the City Ordinances, that City Council Resolution No. 82 -255 (Comprehensive Plan) be amended to designate a new area no. 3a to be listed on table 14 and shown on figure 15 of the Land Use Plan at page 98 as "service /office" based . upon the following findings: ..._._._.... i Planning Commission Resolution No. 93 -03 1. The designation of this area for service /office i uses rather than commercial retail uses will provide an appropriate buffer and transitional area between the heavily traveled T.H. 252 and the single family residential areas to the east of North Willow Lane. 2. The service /office land use designation will provide for a reasonable land use for potential development and redevelopment in this area which will not have an adverse affect on surrounding property. BE IT FURTHER RESOLVED by the Brooklyn Center Planning Advisory Commission to recommend to the City Council that the Brooklyn Center Comprehensive Plan be revised as follows: add location no. 3a to table 14 on page 98 to read "service /office" and to amend figure 15 relating to land use plan revisions to show area no. 3a as including all of the land south of 66th Avenue and north of 65th Avenue between T.H. 252 and North Willow One. Date Chairperson ATTEST: a 6 , M- Secretary The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Robert Mickel son and upon vote being taken thereon, the following voted in favor thereof: Sander, Holmes Mickelson, Reem and Willson and the following voted against the same: none. whereupon said resolution was declared duly passed and adopted. Member Robert Mickel son introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 93 -04 RESOLUTION REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 93015 SUBMITTED BY THE CITY OF BROOKLYN CENTER WHEREAS, Planning Commission Application No. 93015 submitted by the City of Brooklyn Center proposes rezoning from C2 (commerce) and R5 (multi family residence) to C1 (service /off ice) of three properties located at the southeast quadrant of T.H. 252 and 66th Avenue North and addressed as 6550 and 6500 West River Road and 6525, 27, 29 North Willow Lane; and WHEREAS, the Planning Commission held a duly called public hearing on November 18, 1993, when a staff report and public testimony regarding the rezoning was received; and WHEREAS, the Planning Commission considered the proposed rezoning in light of the report received, testimony given, the guidelines for evaluating rezonings contained in Section 35 -208 of the City's Zoning Ordinance and in light of comments made relative to this property in the City's Comprehensive Plan; and • WHEREAS, the Planning Commission has recommended to the City Council through the adoption of an advisory resolution that the City's Comprehensive Plan be amended to create consistency between the Plan and the proposed rezoning comprehended for the southeast quadrant of T.H. 252 and 66th Avenue North. NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center Planning Advisory Commission to recommend to the City Council that Application No. 93015 submitted by the City of Brooklyn Center be approved in light of the following considerations: 1. The rezoning will allow for appropriate development and redevelopment in this area which will establish a proper buffer zone between the high level of traffic and the accompanying noise, odor and vibration from T.H. 252 and the established single family residential area to the east of the subject site. 2. The rezoning will prohibit the development of intense commercial uses which cannot be appropriately buffered and screened from the residential area to the east and will prohibit uses which currently are allowed in the C2 zoning district that are incompatible with the surrounding residential area. Planning Commission Resolution No. 93 -04 3. The rezoning will allow for development and redevelopment of land uses which can be considered compatible with surrounding land uses. 4. The rezoning will allow for a service /office designation and the eventual development and redevelopment of this area which will offer the owners of the property a reasonable use of their property in a manner compatible with neighboring property. 5. The rezoning of the land to allow a service /office utilization of the entire area with less intense commercial uses can overcome the difficult screening and buffering issues posed by an intense commercial development. 6. The rezoning is consistent with the amended recommendations contained in the City's Comprehensive Plan. 7. The rezoning proposal demonstrates merit beyond the interest of the owners of the land in that it will provide for potential redevelopment and development which is sensitive to the screening nd buffering 9 concerns of neighboring residential property at the same time as it will provide a reasonable use of the land for its owners. 8. This rezonin g proposal is consistent with the recommendations made by the Planning Commission and the Northeast Neighborhood Advisory Group in 1989 following the Commission's review of a land use study of this area done by Short- Elliot- Hendrickson, Inc. November 18, 1993 Date Chairperson AT EST: Secretary The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Tim Willson and upon vote being taken thereon the follow' n favor thereof: following voted i f Sander, Holmes P1i ckel son, Reem and Willson and the following voted against the same: none where upon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 93015 SUBMITTED BY THE CITY OF BROOKLYN CENTER WHEREAS, Planning Commission Application No. 93015 submitted by the City of Brooklyn Center proposes rezoning from C2 (commerce) and R5 (multi family residence) to C1 (service /office) of three properties located at the southeast quadrant of T.H. 252 and 66th Avenue North and addressed as 6550 and 6500 West River Road and 6525, 27, 29 North Willow Lane; and WHEREAS, the Planning Commission held a duly called public hearing on November 18, 1993, when a staff report and public testimony regarding the rezoning was received; and WHEREAS, the Planning Commission recommended approval of Application No. 93015 by adopting Planning Commission Resolution No. 93 -4 on November 18, 1993; and WHEREAS, the City Council has considered this rezoning in light of the report received, testimony given, the guidelines for evaluating rezonings contained in Section 35 -208 of the City's Zoning Ordinance and in light of comments made relative to this property in the City's Comprehensive Plan; and WHEREAS, the City Council has taken action to ammend the City's Comprehensive Plan to create consistency between the Plan and the proposed rezoning comprehended for the southeast quadrant of T.H. 252 and 66th Avenue North. NOW, THEREFORE, BE IT RESOLVED by the City Council of Brooklyn Center that Application No. 93015 submitted by the City of Brooklyn Center be approved in light of the following considerations: 1. The rezoning will allow for appropriate development and redevelopment in this area which will establish a proper buffer zone between the high level of traffic and the accompanying noise, odor and vibration from T.H. 252 and the established single family residential area to the east of the subject site. 2. The rezoning will prohibit the development of intense commercial uses which cannot be appropriately buffered and screened from the residential area to the east and will prohibit uses which currently are allowed in the C2 zoning district and that are incompatible with the surrounding residential area. Planning Commission Resolution No. 3. The rezoning will allow for development and redevelopment of land uses which can be considered compatible with surrounding land uses. 4. The rezoning will allow for a service /office designation and the eventual development and redevelopment of this area which will offer the owners of the property a reasonable use of their property in a manner compatible with neighboring property. 5. The rezoning of the land to allow a service /office utilization of the entire area with less intense commercial uses can overcome the difficult screening and buffering issues posed by an intense commercial development. 6. The rezoning is consistent with the amended recommendations contained in the City's Comprehensive Plan. 7. The rezoning proposal demonstrates merit beyond the interest of the owners of the land in that it will provide for potential redevelopment and development which is sensitive to the screening and buffering concerns of neighboring residential property at the same time as it will provide a reasonable use of the land for its owners. 8. This rezoning proposal is consistent with the recommendations made by the Planning Commission and the Northeast Neighborhood Advisory Group in 1989 following the Commission's review of a land use study of this area done by Short- Elliot- Hendrickson, Inc. Date Mayor ATTEST: Deputy 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: where upon said resolution was declared duly passed and adopted. • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION AMENDING CITY COUNCIL RESOLUTION NO. 82 -255 (COMPREHENSIVE PLAN) RELATIVE TO LAND LOCATED AT THE SOUTHEAST QUADRANT OF T.H. 252 AND 66TH AVENUE NORTH WHEREAS, the City Council on December 20, 1982, approved Resolution No. 82 -255, adopting the updated Brooklyn Center Comprehensive Plan; and WHEREAS, the Plan's Land Use Plan at page 98 (table 14 and figure 15) designates area no. 3 as an area for commercial retail land use; and WHEREAS, a proposed rezoning from C2 (commerce) and R5 (multiple family residence) to Cl (service /office) of three parcels of land located at the southeast quadrant of T.H. 252 and 66th Avenue North has been initiated by the City of Brooklyn Center under Planning Commission Application No. 93015; and WHEREAS, Section 35 -208 of the City's Zoning Ordinance requires zoning classifications to be consistent with the City's Comprehensive Plan and that rezoning proposals not constitute "spot zoning" defined as a zoning decision which discriminates in favor of a particular land owner, and does not relate to the Comprehensive Plan or to accepted planning principles; and WHEREAS, pursuant to Section 35 -202 of the City Ordinances the Planning Commission held a duly called public hearing on a draft Comprehensive Plan Amendment at its November 18, 1993 meeting and has taken testimony relevant to the draft amendment; and WHEREAS, the Planning Commission recommended adoption of a Comprehensive Plan Amendment by adopting Planning Commission Resolution No. 93 -3 on November 18, 1993; and WHEREAS, the City Council has considered the draft plan amendment in light of the Comprehensive Plan and the City's Rezoning Evaluation Policy and Review Guidelines. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, pursuant to Section 35 -202 of the City Ordinances, that City Council Resolution No. 82 -255 (Comprehensive Plan) be amended to designate a new area No. 3a to be listed on Resolution No. table 14 and shown on figure 15 of the Land Use Plan at page 98 as "service /office" based upon the following findings: g g 1. The designation of this area for service /office uses rather than commercial retail uses will provide an appropriate buffer and transitional area between the heavily traveled T.H. 252 and the single family residential areas to the east of North Willow Lane. 2. The service /office land use designation will provide for a reasonable land use for potential development and redevelopment in this area which will not have an adverse affect on surrounding property. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that the Brooklyn Center Comprehensive Plan be revised as follows: add location No. 3a to table 14 on page 98 to read "service /office" and to amend figure 15 relating to land use plan revisions to show area No. h Avenue d north P 3a as including all of the land south of 66t e ue an rt g of 65th Avenue between T.H. 252 and North Willow Lane. Date Mayor ATTEST: Deputy 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 Notice is hereby given that a public hearing will be held on the day of at p.m. at the City Hall, 6301 Shingle Creek Parkway to consider an amendment to Chapter 35 of the City Ordinances regarding the zoning classification of certain land. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please call the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 35 -1140. MULTIPLE FAMILY RESIDENCE DISTRICT (R5). The following properties are hereby established as being within the (R5) Multiple Family Residence District zoning classification: [Lot 1, Block 2, Farr's First Addition.] [That part of Lot 15, Auditor's Subdivision No. 310 lying east of a straight line extension of the west line of Lot 1, Block 2, Fan's First Addition, and west of Willow Lane.] [That part of Lots 5, 6, and 7, Block 1, Olson's Island View Terrace, described as follows: Commencing at the southeast corner of Lot 6, thence northerly to the southeast corner of the north 25 fee of Lot 7; thence west 100 feet; thence southwesterly to a point in the south line of Lot 5, distant 10 feet west from the southeast corner thereof; thence east to the point of beginning.] Section 35 -1170. SERVICE /OFFICE DISTRICT (Cl). The following properties are hereby established as being within the (Cl) Service /Office District zoning classification: Lots 1 and 2, Block 1, E and H Properties Addition Lot 1, Block 2, Fan's First Addition That part of Lot 15 Auditor's Subdivision No. 310 lying west of a line running from ORDINANCE NO. a point in the south line of Lot 16 distant 254.53 feet east from the southwest corner thereof to a point in the north line of Lot 16 distant 232 feet east from the northwest corner thereof: except street and highway. Section 35 -1190. COMMERCE DISTRICT (C2). The following properties are hereby established as being within the (C2) Commerce District zoning classification: [That part of Lot 16, Auditor's Subdivision No. 310 lying west of a line running from a point in the south line of Lot 16 distant 284.53 feet east from the southwest corner thereof to a point in the north line of Lot 16 distant 232 feet east from the northwest corner thereof; except street and highway.] [That part of Lot 15, Auditor's Subdivision No. 310 lying west of a straight line extension of the west line of Lot 1, Block 2, Farr's First Addition; except highway.] [That part of Lots 4, 5, 6, and 7, Block 1, Olson's Island View Terrace described as follows: Commencing at the southwest corner of Lot 5, thence northerly to the southwest corner of the north 25 feet of Lot 4; thence east to a point 100 feet west from the southeast corner of the north 25 feet of Lot 7; thence southwesterly to a point in the south line of Lot 5 distant 10 feet west from the southeast corner thereof; west to the point of beginning; except highway.] Section 2. This Ordinance shall become effective upon adoption and thirty (30) days following its legal publication. Adopted this day of 19 Mayor Todd Paulson ATTEST: Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) CITY OF BROOKLYN CENTER Council Meeting Date 12/06/93 Agenda Item Number 2 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: AN ORDINANCE VACATING A DRAINAGE AND UTILITY EASEMENT IN TRACT E, REGISTERED LAND SURVEY NO. 546 (PUBLIC HEARING AND SECOND READING) DEPT. APPROVAL:, Sy Knapp, Director of Public Works MANAGER'S REVIEW/RECOMIVIENDATION: No comments to supplement this report Comments below /attach SUMMARY EXPLANATION: (supplemental sheets attached YES On 9- 14 -92, the City Council approved site and building addition plans for Omni • Tool, located at 3500 - 48th Avenue North. A condition of this approval was that the existing easement was to be vacated and a new easement would be dedicated to cover the relocated utilities. On 11 -08 -93 the City Council ordered a public hearing to be held on 12- 06 -93. The rivate utility p t3, y providin g service to the area have reviewed this request and no objections to the proposed vacation have been received. However, because the applicant has not yet prepared a new easement for the relocated utilities, staff recommends holding the required pubic hearing, conducting the second reading, and tabling consideration of the adoption of this proposed ordinance until such time the applicant has conveyed a new easement in favor of the City. RECOMMENDED CITY COUNCIL ACTION This ordinance was first read on November 8, 1993, published in the City's official newspaper on November 17, 1993, and is offered this evening for a second reading. As noted above, staff recommends holding the required public hearing, conducting the second reading, and tabling consideration of the adoption of this proposed ordinance until such time the applicant has conveyed a new easement in favor of the City. • �aa CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of at P.M. at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Vacating A Drainage and Utility Easement in Tract E, Registered Land Survey No. 546. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please call the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE VACATING A DRAINAGE AND UTILITY EASEMENT IN TRACT E, REGISTERED LAND SURVEY NO. 546 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. The drainage and utility easement over that portion of Tract E. Registered Land Survey No. 546 which lies south of the westerly extension of the south line of Tract F Registered Land Survey No 1023 is hereby vacated. Section 2. This ordinance shall be effective after adoption and thirty (30) days following its legal publication. Adopted this day of , Mayor, Todd Paulson ATTEST: Deputy Clerk Date of Publication Effective Date 5N 3AV 9 'N '3AY MNf1A � � _ / � X19 c5 F—i 3AV llow�ll PF1 11 m, E E CL C, ! 3AV iW39 C83 E a TF PDRI DR. t. 0 H z AYE. , RU H RA -- A 0 I 'N - 3AV 33tM:f t ld A L I ANA A � NIA! O l �~ z 0 30 A INDIrNA AY ' \�' ll N 3W 34T Hoff AVE. r 3AY gory"- T IF y TIP ui rr F-- X Cf) ui < w v4 C1 ov 0 NH ' 17D N 3343 N 3337 � H QO.30. SO 21 �5 14, C JIV6 WOO RR ADD U 4810 1 (39) 9 l x.41 • 13. 4 4 EASEMENT TO BE VACATED � 8g.a S77• 13'4P E DOC. # 613058 VOL. 1440 PG. 434812 1 38. a2 .. ,.�•,�•tie' '2` 356.02 N67 164. 9dZ' 93' S7• E 120 120 C 9 J (2) C A C 4821 (42) (16) B N N (17) g (18) E _ 3420 3410 H flo4dl 12 587 S7' E 704.34 294.17 210.56 `F _ 120 120 + 24.97 DOC NO 653882 ....... 570.56 - 702 N87' 13'57'W (FILED 3 -8-63) I ~:•24.97 588.41 - ..---.. 100 a0 80 A A DOC NO 653884 S 17' WS7'E ......... 606.25 ......... �p " 60.4 ITS 1 120 3625 3615 3607 3601 3515 350/ 3!/5 N 8 o (9) (10) (11) h (12) y (13) N (I C N 4) u 100 90 100 175 S87 14'E 120 120 ( a 3 03 � (35) �' (36) s (37) 130 5 ,�• 47TH AVE N °` 5 0l 6 7 1 130 , ------ - - - - -- CITY OF BROOKLYN CENTER council Meeting Date 1 2 -6 -93 Agenda Item Number umber /� 6 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND. ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: a -e --- a •..�•.�J . ROWARREN, PLANNING AND ZONING SPECIALIST MANAGER'S REVIEW /RECOMMENDATION: � d No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) This ordinance amendment was first read on November 8, 1993, published in the city's official newspaper on November 17, 1993, and is offered for public hearing and second reading. The ordinance amendment was part of the approval process for the Brookdale Chrysler Plymouth Planned Unit Development proposal, (Planning Commission Application No. 93011) which was approved by the City Council in Council Resolution No. 93 -202. This is a housekeeping type ordinance amendment, which describes the land which has been rezoned to PUD /C2. This ordinance amendment uses the legal description of the property which will be established by the new plat for Brookdale Chrysler Plymouth, which combines the current Chrysler Plymouth dealership property (6121 Brooklyn Boulevard) with the property addressed as 6107 Brooklyn Boulevard into a single parcel. That plat has not yet received final approval by the City Council and has not been filed with Hennepin County. Therefore, the legal description used in the ordinance amendment does not yet exist. Recommendation It is recommended that the City Council open the scheduled public hearing, take any comments relative to the ordinance amendment and then close the public hearing. The ordinance amendment, however, should be tabled until the final plat has been approved and filed with Hennepin County. The ordinance amendment will then be brought back before the City Council for adoption. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 6th day of December , 19 93 at 7 : 15 p.m. at the City Hall, 6301 Shingle Creek Parkway to consider an amendment to Chapter 35 of the City Ordinances regarding the zoning classification of certain land. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please call the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE N0. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: SECTION 35 -1170. SERVICE /OFFICE DISTRICT (Cl). The following properties are hereby established as being within the (Cl) service /office district zoning classification: [Lots 1 and] Lot 2, Block 6, Wangstad's Brooklyn Terrace Addition. Section 35 -1190. COMMERCE DISTRICT (C2). The following properties are hereby established as being within the (C2) commerce district zoning classification: [Lot 1, Block 1, Chrysler Motors Corporation Addition.] Section 35 -1240. PLANNED UNIT DEVELOPMENT DISTRICT (PUD). The following properties are hereby established as being within a (PUD) planned unit development district zoning classification: 3. The following properties are designated as PUD /C2 (planned unit development /commerce): Lot 1, Block 1, Chrysler Motors Corporation Third Addition. Section 2. This ordinance shall become effective upon adoption and thirty (30) days following its legal publication. Adopted this day of , 19 Todd Paulson, Mayor ATTEST: Deputy Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) CITY OF BROOKLYN CENTER Cameil Mewing Date 1216/93 Agenda Item Number /3Q REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: CITY COUNCIL WORK SESSION AND MEETING SCHEDULE FOR 1994 DEPT. APPROVAL: 1� Sharon Knutson, Deputy City Clerk MANAGER'S REVIEW/RECOMMENDATION - No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) Following is the proposed 1994 city council work session and meeting schedule. Meetings have not been scheduled for December to allow some flexibility with regard to the budget hearings. January 10 July 11 January 18, Work Session, Tuesday July 18, Work Session January 24 July 25 February 14 August 8 February 22, Work Session, Tuesday August 15, Work Session February 28 August 22 March 14 September 12 March 21, Work Session September 19, Work Session March 28 September 26 April 11 October 11, Tuesday April 18, Board of Equalization October 17, Work Session April 25 October 24 May 9 November 14 May 16, Work Session November 21, Work Session May 23 November 28 • June 13 June 20, Work Session June 27 RECOMMENDED CITY COUNCIL ACTION Approve the proposed 1994 city council work session and meeting schedule. CITY OF BROOKLYN CENTER council Meeting Date 12/6/93 Agenda Item Number / 3 b REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: TOBACCO RELATED PRODUCTS POINT -OF -SALE ADVERTISING AND POSTING OF SIGNS TO WARN PREGNANT WOMEN OF THE EFFECTS OF ALCOHOL CONSUMPTION AND TOBACCO USE DEPT. APPROVAL: Gerald G. Splinter, City M ager MANAGER'S REVIEW/RECON M[ENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) i In May 1993, Mayor Paulson received a letter from Barbara J. Leonard, Chair, Pathfinder Resources, Inc., encouraging Brooklyn Center to pass an ordinance requiring liquor establishments to post warning signs for pregnant women and drinking as the City of Minneapolis did effective January 1, 1993. Attached is a co of the City of Minneapolis Ordinance and the warning sign PY tY P g n g they produced, the warning sign produced by the Minnesota Department of Health, and an informational flyer titled "Sudden Infant Death Syndrome and Smoking by the Mother." On June 24, 1993, Mayor Paulson and I received a letter from Jeanne Weigum, President, Association for Nonsmokers - Minnesota, proposing that the City of Brooklyn Center prohibit point - of -sale advertising and promotion. She included proposed language for the ordinance amendment and supporting background material. Mayor Paulson asked that staff draft ordinance amendments to include both prohibiting point -of- sale advertising for tobacco related products and posting of warning signs for pregnant women about the effects of alcohol and tobacco use. Mayor Paulson and I met with Ms. Weigum to review and discuss these amendments and develop a process and timeline to implement these ordinance amendments. We notified Mary Welch, Executive Director, Brooklyn Center Chamber of Commerce, of the proposed ordinance amendments and asked that the Chamber communicate the possible changes to the business community. The Chamber Board met and reviewed the draft ordinances and one of their concerns ® is the possibility of a lawsuit and the expense to the City. Dr. Duane Orn, Northport Medical Center and Public Health Sanitarian, was also notified of the proposed ordinance amendments and attached is a letter of support from him. City Attorney Charlie LeFevere reviewed the draft ordinances and made a number of changes to the ordinance for purposes of clarification, simplification, and enforceability. Attached is his letter dated November 18, 1993, which explains some of the possible legal challenges. Also attached is documentation received from several different groups in support of and opposed • to the proposed ordinances: a memorandum from Community Prevention Coalition and an article from their newsletter UPDATE; a letter from Minnesota Healthy Roots; a letter from the American Cancer Society; a letter from a concerned citizen Sam Yates, 3121 Pillsbury Avenue South, #906, Minneapolis; a letter from James A. Goold and a copy of a legal memorandum titled "A Constitutional Analysis of Proposed Content - Control Requirements for Tobacco Product Advertising "; and a letter from Archie Anderson, Smokers' Rights of Minnesota and supporting documentation. RECOMMENDED CITY COUNCIL ACTION Review and discuss the attached materials and ordinance amendments. Make necessary changes to the draft ordinance amendments and set a second reading and public hearing for these ordinances. • lab P 9thf - Ind er 50UaCES,INC. IMPROVING SYSTEMS OF CARE ^ I FOR PEOPLE WITH CHRONIC HEALTH CONDITIONS 5 {e 9 C, V k.. _D vl �rP � /O Ma 1993 i5;11-01 Y� � y y , �i, f l �, c � / l � f G Dear Mayor: (/► -�(„ �^ T v✓' � �� ��� The City of Minneapolis recently passed an ordinance requiring liquor establishments to post warning signs for pregnant women and drinking. The Healthy Roots Fetal Alcohol Syndrome Coalition feels this is a major step toward increasing awareness of the dangers of drinking during pregnancy. The effect of alcohol use during pregnancy includes both Fetal Alcohol Syndrome (FAS), a combination of significant birth defects and mental retardation, and Alcohol Related Birth Defects (ARBD), which results in cognitive and behavioral impairment. According to the Journal of American Medical Association (April 1992), Fetal Alcohol Syndrome is the leading cause of mental retardation in the United States. This is a condition that is totally preventable. Healthy Roots FAS Coaliti on is a cross disciplinary statewide coalition 'of volunteers based in Minnesota who,share a commitment to prevent Fetal Alcohol Syndrome by promoting public awareness, providing professional education, shaping social public policy initiatives, and conducting research. We are encouraged by the Minneapolis ordinance and would like to see it implemented in other cities throughout , Minnesota. We encourage you to seriously consider taking similar action for your city. If you need further information or assistance, please feel free to call Joyce Holl, Healthy Roots Program Manager, at (612) 647 -6905. Give every baby a healthy start in life. Warn women about the dangers of alcohol during pregnancy. Sincerely, , 44 bara J. Leong Chair SUITE 105 2324 UNIVERSITY AVENUE WEST • ST. PAUL, MINNESOTA 55114 • (612) 647 -6905 • FAY: (612) 647.6908 § 360.100 MINNEAPOLIS CODE Y' areas, located outside the downtown and through the door connecting it to the re- eastbank commercial district described in mainder of the premises, or to property con - section 362.430, are intended primarily for trolled by the licensee. the service of patrons seated at tables and for the consumption of alcoholic beverages (h) The licensee shall be responsible for picking in conjunction with food service. Outdoor up trash and litter generated by the oper- areas, created, maintained, or operated so ation of the outdoor area within a reason- as to enlarge an establishment's capacity able distance from the area. to serve stand -up patrons tend to adversely (i) The city council may review the operation impact upon residential and smaller com- of any outdoor area in connection with the mercial areas, and to overburden off- street renewal of the on -sale license for the estab- parking facilities. Outside the downtown lishment, or at any other time for good and eastbank commercial district described cause. Violation of the terms and condi- in section 362.430, no bar shall be located tions of this section shall be grounds for in an outdoor area except a service bar for revocation, suspension, or refusal to renew the exclusive use of employees. Service shall the on sale license for that portion of the be provided only at tables, however, this licensed premises pertaining to the outside shall not prohibit patrons from carrying area. beverages from an inside area to the out- door area. Customers shall not be allowed (j) All special restrictions relating to the hours to occupy the outdoor area in greater num- of operation and types of entertainment in bers than the seating capacity permits. An an outdoor area shall be endorsed on an exemption to the service bar requirement addendum to the license certificate and of this subsection may be granted to an es- posted in the establishment with the li- tablishment which demonstrates that it reg- cense certificate. (89 -Or -072, § 1, 4.25 -89; E ularly maintained a bar open for service to 91 -Or -049, §, 1, 3- 29 -91) customers in its outdoor area prior to April 1, 1989. 4se ji to warn pregnant (d) The licensee shall provide food service in (45gt ohol consumption. all outdoor areas during all hours of oper- nsees r or eer s a s ation. F ood service may consist of less than in a conspicuous place upon the premises and po- the full menu, but shall at all times offer a sitioned so as to be seen by the highest number of substantial choice of main courses, other patrons a sign warning of the dangers of alcohol food items, and nonalcoholic beverages. consumption during pregnancy. This sign shall be a sign provided by the Minneapolis Department (e) All new and remodeled outdoor areas shall of Health. All licensees who sell liquor or beer be handicap accessible. All existing out- shall also post a sign warning of the dangers of door areas shall comply with building codes alcohol consumption during pregnancy in each re- relating to handicap accessibility. No out- stroom on the premises. They shall be posted in a door area shall reduce existing handicap conspicuous place within the restroom so as to be accessibility. seen by the highest possible number of patrons. (f) The city council may restrict the hours of These signs shall be signs provided by the Min - operation of an outdoor area based upon neapolis Department of Health. proximity of the area to residential dwelling (b) The Minneapolis Health Department will units, and upon considerations relating to produce warning signs to meet the requirements the safety, repose, and welfare of residents, of this ordinance. The sign to be placed in the businesses, and other uses near the estab lishment. business premises shall measure approximately seven (7) inches by four (4) inches. The sign to be (g) The city council may require that access to placed in the restrooms shall measure approxi- and egress from an outdoor area only be mately four (4) inches by three (3) inches and be Supp. No, 4 1542 LIQUOR A1ND BEER § 362.30 suitable for placement on a mirror. The seven- 362.20. Licensed premises. A license to sell inch by four -inch sign shall read "Warning, liquor only permits the sale of liquor in the pre - drinking alcohol while pregnant may cause your mises designated in the license application. Prior baby permanent brain damage and other birth to the sale of liquor by a licensee in expanded or defects" and contain a picture symbol reasonably diminished premises, an application to expand or designed to communicate this message. The four- diminish the licensed premises shall be submitted. inch by three -inch restroom sign shall read as the (Code 1960, As Amend., § 851.020; 80 -Or -198, § 1, seven -inch by four -inch sign and contain a picture 8- 22 -80) symbol reasonably designed to communicate this message. The Department of Health shall also 362.30. "On sale" licenses. (a) (Maximum make signs available upon request in languages number; classes]. "On sale" licenses may be is- other than English for which there is sufficient fficient sued only o hotels, ,clubs, restaurants and estab- demand and which contain the equivalent mes- lishments for the sale of "on sale" liquor and beer sage. exclusively, the maximum number of such licenses (c) This ordinance shall take effect on January not to exceed two hundred seventy -five (275). 1, 1993. (92 -Or -120, § 1, 10 -9 -92) (b) Class A. A Class A "on sale" liquor license shall permit all Class B, C, D and E activities, and in addition thereto shall ermit dancing and P g CHAPTER 362. LIQUOR LICENSES* entertainment, provided that the dance floor area shall not exceed two thousand (2,000) square feet. 362.10. Required, e This entertainment shall include stage shows, q expiration date; change location. No person shall sell, exchange, barter, dispose of or keep for sale any liquor, as skits, vaudeville, theater, contests, dancing by em- b ployees or agents of the licensee, including patron ba participation in any of the aforementioned, and defined in section 360.10, without first having ob- tained a license as herein provided. All licenses all other forms of entertainment carried on in con- granted under the provisions of this chapter shall fortuity with the law. bear an identification number, with one - fourth of (c) Class B. A Class B "on sale" liquor license the licenses bearing the "1000" series, one - fourth shall permit all Class C, D, and E activities, and the "2000" series, one - fourth the "3000" series, in addition thereto shall permit live music and and the remainder bearing the "4000" series. The singing without limitation as to the number of licenses bearing an identification number in the musicians or singers or the type of amplification. "1000" series shall expire January first; the li- Dancing and singing by patrons of the establish - censes bearing an identification number in the ment are permitted. Stage shows, skits, vaude- "2000" series shall expire April first; the licenses ville, theater, contests, dancing by employees or bearing an identification number in the "3000" agents of the licensee, and patron participation in series shall expire July first; and the licenses any of the aforementioned, are prohibited. bearing an identification number in the "4000" series shall expire October first. (d) Class C. Class C licenses shall be comprised of Class C -1 and Class C -2. A Class C -1 "on sale" Where there is a change in the location of an liquor license shall permit all Class D and E ac- existing business, the license of said business must tivities and in addition shall permit amplified or be surrendered to the city and an application must be made for a new license in the manner provided by this chapter. (Code 1960, As Amend., § 851.010; 76 -Or -166, § 1, 9- 24 -76; 77 -Or -061, § 1, 4 -7 -77) Cross reference — Permit for sidewalk cafes and authority for licensees under this chapter to obtain such permit, § 265.230 et seq. 'State law reference— Liquor act, M.S. Ch. 340A. Supp. No. 4 1542.1 WARNING Drinking alcohol while pCegnant may cause your baby permanent brain damage and away other birth defects. clis } tefl $p� ent 230A Minneop lth D rtm 673 - R Im-a L.J UN (3 i 2 t: C ALCOHOLIC BEVERAGES AND SMOKING CIGARETTES DURING PREGNANCY CAN CAUSE BIRTH DEFECTS AND PREMATURITY Printed and Distributed by: MINNESOTA DEPARTMENT OF HEALTH Pgtigned by: MARION COUNTY HEALTH DFPARTMENT �INOIANA) KGNICA FAX 100 FAX PAGE 04 Sudden Infant Death Syndrome and Smoking by the Mother What is Sudden Infant Death Syndrome? Sudden Infant Death Syndrome (SIDS) is the leadin g cause of death for American infants over one month of age. Also so known as crib death, SIDS is the unexpected, sudden death of an infant for which no apparent cause is found, even in a post- mortem examination. How many babies dies of SIDS? SIDS strikes one out of 500 American babies. That means that 7,000 apparently healthy babies die of it each year. at causes SIDS? Progress in solving the enigma of SIDS has been slow, and researchers still do not know the cause of SIDS. We do know that baby boys are more likely to die from SIDS than baby girls. Women who are very young or have had more than one child are more likely to give birth to a baby with SIDS than other women. So are women who smoke. Howe is smoking related to SIDS? Studies have found that smoking by the mother doubles the risk that her baby will die from SIDS. The more the mother smokes, the more likely she will suffer the tragedy of SIDS. The babies of smokers are more likely to die at a very early age than the babies of nonsmokers. Smoking may be the single most important preventable risk factor in sudden infant death syndrome. What effects does smoking have on babies who die of SIDS? Dr. Richard Naeye of the Pennsylvania State University College of Medicine headed a study of over 53 000 re ancies. H e suggests that smoking a P l;n gg o g by pregnant woman restricts the delivery of oxygen to the fetus and therefore causes subtle abnormalities in the brainstem area. He believes that these abnor- malities can later lead to a sudden failure of respiratory control in the baby. "We found that infants of mothers who smoke have a 50% greater chance of developing SIDS than infants of mothers who did not moke," said Dr. Naeye. Researchers suspect that the mother's smoking both during pregnancy and after the birth are to blame. When a mother smokes near a very young baby, the baby becomes an involuntary smoker. KOHICA FAX 100 FAX PAGE 05 Secondhand smoke has an especially bad effect on infants and children. Many studies show a severe effect upon children in their fast two years of life with a mother who smokes. Researchers believe that young children are more susceptible to the effects of involuntary smoking than older children and adults because their small lungs do not develop fully until the first decade of life. Very young lungs are especially vulnerable to assaults by pollutants because young children and babies breathe more rapidly than adults. Because of this higher breathing rate, they inhale more air —and more pollution— relative to their total body weight. In addition, the immune systems of young children are not fully developed. The exact mechanism by which involuntary smoking triggers SIDS is unknown. However, for the sake of their babies, pregnant women are advised to quit smol.ing and to remain nonsmokers after their babies are born. This information prepared and distributed by i Association for Nonsmokers - Minnesota 2395 University Avenue West Suits 310 Saint Paul, Minnesota 55114 -1512 (612) 646 -3005 FAX: (612) 646 -0142 Association for Nonsmokers - Minnesota 2395 University Avenue West Suite 310 June 24, 1993 Saint Paul, Minnesota 55114 -1512 (612) 646 -3005 FAX: (612) 646 -0142 Jerry Splinter City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Mr. Splinter, I was delighted to learn that you have completed your evaluation of tobacco sales at your municipal liquor stores with and without the use of point -of -sale advertising. Although your results show some change (slight increase) in rate of sale, I suspect it was unaffected by the elimination of point -of -sale advertising. As you will recall, ANSR and many others in the tobacco control community would very much like to see point -of -sale tobacco advertising eliminated. We would like to work with you, your mayor and council to achieve that goal. We propose that the City of Brooklyn Center prohibit point -of -sale advertising and promotion. As a practical matter the following tobacco related items would be eliminated: o banners and signs; o advertisements on grocery carts/baskets for specific brands of tobacco; o in/out decals on doors; 0 order separator bars with tobacco ads on them; o clocks; o logo merchandise; Allowed would be a sign listing available brands and their prices. This sign could not be a disguised ad for a particular brand. It could be a simple black on white sign with a standard typeface. I have included a model ordinance which would accomplish this. It has been revised and evaluated by numerous attorneys including two law professors. Anytime someone attempts to regulate advertising or promotion, representatives from the industry intone that Americans still have a right to free speech. Sometimes they simply say, "There of course is the issue of the First Amendment." That seems to make their argument. To a sophisticated audience it does not. Sometimes the industry even gets the American Civil Liberties Union to testify against a bill. (It should be noted that the ACLU receives very substantial contributions from the tobacco companies.) The First Amendment refers to political speech. The Supreme Court has ruled that there is substantially less protection for commercial speech than political speech. Few city attorneys have had any reason to research this issue and incorrectly perceive that to pursue this type of issue could involve substantial time and expense. This is not true; they do not have to reinvent the wheel. Much research has already been done, and ANSR can provide to any city attorney legal research and documentation which would render this issue no more sticky than many which cities routinely tackle. C ... EER Mf O �M rO t N � F � (/ S O • � i A Splinter Page 2. If Brooklyn Center were to go forward with this plan, we would expect significant objections from a few local businesses who receive promotional fees from the tobacco companies. I believe the city can make a persuasive argument that the good of the community as a whole requires that steps be taken to reduce tobacco consumption. Reducing tobacco advertising and visibility, over time, should help to achieve that goal. There is no doubt that a few retailers may lose some fees. It is also true that much of the advertising that would be eliminated does not produce additional revenues. Examples are the shopping baskets, grocery dividers and clocks. These promotional items are provided to the store at no charge and the store owner is not paid any fee for using them. In most cases, the store could easily replace the Camel clock with a clock advertising another product, or for little expense, put up a clock promoting their own store. Replacing the promotional trinkets like the In/Out signs and lane dividers should not represent a significant expense. Reducing tobacco advertising is the next battleground. We believe it is essential to reducing tobacco consumption, however, no U.S. city has done anything quite like this. But, all tobacco advertising and promotion is prohibited in Canada and in several other countries. There are, however, examples of significant restrictions on tobacco advertising which do set a precedent: o Tobacco billboard advertising is prohibited at the HHH Metrodome; o Billboard or public transit advertising of tobacco are banned by Bay Area Rapid Transit (BART), Massachusetts Bay Transportation (Boston) and in Utah; Amherst, Massachusetts; and several other California communities; o Cigarette advertising has been banned from TV and radio since 1971. o Free distribution of tobacco (called sampling by the industry) is prohibited in Minnesota and several cities. At the time the Minnesota prohibition was enacted, tobacco lobbyists argued it was a violation of the Constitution. They never challenged the law prohibiting sampling, although they testified they planned to. You previously asked me to get a photo of how a store would look which complied with this ordinance. I have been unable to come up with one. Perhaps the imagination will suffice. Cigarette sales in Brooklyn Center currently are customer assisted on single packs. If our proposal were in effect, that would continue. Additionally, the displays which currently hold multiple packs of cigarettes would contain no brand advertising. They could display a simple black and white sign listing available brands and prices. There would be no Camel clock, no Virginia Slims grocery basket, no Winston Banner, no Marlboro in/out sign. Cigarettes would. be advertised and promoted about the way oatmeal is promoted: that is, if you want it, here it is. There would be no colorful inducements, just the product and its price. I would very much like to meet with you and whoever else would be appropriate. We have much legal and other support documentation which we can make available at the appropriate time. I will be out of town from July 2 to July 8. After that I am available most days except Tuesday. Let's get together and talk. Splinter Page 3. I have sent a copy of this letter to Mayor Paulson since I have previously talked with him about this concept. Frankly, he seemed very interested. I also believe that some other communities -- Bloomington, for example- -would be interested if some city just took the lead. Roseville and Shoreview are two other possibilities. I look f and to meeting with you very soon. J n eigum Reasons to eliminate point -of -sale advertising 1. Point -of -sale advertising appears to inspire impulse purchasing which can undermine the resolve of those who are trying to quit. 2. Point -of -sale advertising is designed to be hard to avoid. Advertising in magazines and newspapers can be avoided and it probably has less influence on small children and adult consumers than point -of -sale. Point -of -sale, however, pitches a dangerous (and for children, illegal) product, inescapably, to anyone who shops. Tobacco is not advertised in children's publications, presumably because outrage at this breach of public decency would quickly result in its being banned. Notably, advertising and promotion in grocery and convenience stores reaches far more children than any print advertisement in a children's publication could. 3. Research shows that preschoolers are more likely to recognize Joe Camel than Mickey Mouse. Obviously, the advertising message has gotten through to the smallest nonsmokers. Interestingly, a significant number of adults were unaware of Joe Camel. One explanation is that adults have learned to filter out some of the advertising messages, a skill children lack. 4. Tobacco companies have dramatically increased the amount of money they spend on advertising and promotion and more and more of those dollars are spent on promotional activities (including promotional allowances) and point -of -sale advertising. In 1990, 25.6 percent ($1,021,427,000) of the total spent on advertising and promotion was spent on promotional allowances. {An example of a promotional allowance is money paid to retailers for shelf space. } This contrasts with 14.4% ($179,094,000) a decade earlier. Point -of -sale advertising has shown a similar increase from 6.4% ($79,799,000) in 1980 to 7.6% ($303,855,000) in 1990. During that same decade the actual dollar amount and the percent spent on newspaper advertising declined from 23.1% ($358,096,000) to 1.8% ($71,174,000). [FTC Report to Congress for 1990 Pursuant to the Federal Cigarette Labeling and Advertisin Act, page 25, 22, tables 3D, 3A.] Clearly, the industry is putting its advertising money where it can influence the most people. 5. Fees paid to retailers (promotional allowances and speciality item distribution) distort retail practices and result in tobacco products being displayed and promoted the way the manufacturer wants, even though that method may increase shoplifting because of its substantial appeal to children and easy access by light fingered adults. A clear example of this is the small temporary display stand, usually wire or cardboard, which are placed on the counter. These little displays make shop - lifting easy; however, shopkeepers are paid up to $40 per month per display just for setting the display up and keeping it stocked. That $40 fee probably more than offsets the shoplifting losses. If there were no financial incentive for placing this highly shopliftable product in this vulnerable location, it is unlikely that retailers would do it. Shoplifting of tobacco is such a significant issue that many stores have elevated racks which only the clerks can reach. One large convenience chain has a weighing system that sounds a buzzer in the managers office if more than a certain number of cigarettes are removed at one time. That level of security obviously indicates the magnitude of the shoplifting problem, but the fees paid to the merchants seems sufficient to persuade many to accept the expense of shoplifted merchandise in exchange for hefty fees from the manufacturer. 6. Tobacco advertising in general, and in particular at the point -of -sale, gives the impression that tobacco is a product like any other... a harmless purchasing choice. It is different. This is not like deciding whether to buy Ben & Jerry's or Kemp's. Tobacco is a lethal and addictive drug. Since huge social and financial costs result from tobacco usage, it is not in society's best interests to allow unrestricted tobacco promotion. 7. Those who are attempting to quit smoking or chewing report that being surrounded by cues to smoke or chew makes it much harder to resist relapse. The advertisements and promotions at the point of sale are cues and inducements which many smokers say tempt them back into usage. Eliminating some of the most egregious cues will help quitters stick to their resolve. Prepared by the Association for Nonsmokers - Minnesota 2395 University Ave. West #310 St. Paul, MN 55115 -1512. Legislative Findings and Intent. The City of Brooklyn Center Council finds and declares that: Tobacco is a profoundly addicting drug with relapse rates which are identical to relapse rates for heroin and alcohol; Most people who use tobacco want to quit; at least two- thirds have tried at one time or another; at least one -third try in any one year; 60 percent go back to smoking before the first year is out; Environmental cues associated with an addictive drug, whether tobacco, cocaine, alcohol, heroin, etc. stimulate the desire to use that drug. Relapse prevention is aided by avoiding environments where those cues are most strong: alcoholics often try to avoid bars, cocaine addicts avoid places where the drug is used; Attractive advertising and promotion of tobacco at the point -of -sale in convenience and grocery stores and other outlets can trigger impulse purchasing and undermine the resolve to break the nicotine addiction; Point -of -sale promotion and advertising has a unique impact on former smokers by encouraging impulse purchasing; Further, tobacco purchase and consumption by minors is illegal and point -of -sale advertising encourages both purchase and g use b portraying smoking as glamorous, socially acceptable P Y P Ymg g g � Y table P adventurous, even fun; Cartoon characters in advertising are uniquely appealing to children and cartoons have been and are used to promote at least two brands of cigarettes. Research has found that more preschool children recognize Joe Camel than recognize Mickey Mouse; Children shop alone and with parents in stores which sell and promote tobacco; Tobacco advertisements are not carried in children's publications, yet more children are exposed to tobacco advertisements at the point -of -sale than could ever be exposed through children's publications; The purpose of advertising is to create positive feelings toward the product and increase loyalty to and urch p ases of that P roduct• The First Amendment to the Constitution provides broad protections for political and social speech but presents no obstacle to prohibition on all advertising of cigarettes or other harmful products and services even when the products themselves are legal such as prostitution and gambling in Nevada; Cities and states can and do control the location of advertising of tobacco and other products. Tobacco advertising is prohibited on TV, radio, the metrodome and on many public transportation systems as well as on billboards in several US cities; Selected references (1) Smoking Tobacco and Health; A Fact Book, U.S. Department of Health and Human Services, 10 -89, p. 7,8 (2) The Health Consequences of Smoking, Nicotine Addiction, a report of the Surgeon General, 1988; p. 15 (3) Morbidity and Mortality Weekly Report, April 27, 1990, Vol. 39, No. 16 (4) Selling Smoke: Cigarette Advertising and Public Health Kenneth E. Warner, Ph.D., 1986; p. 46., 64 Additional thoughts regarding a point -of -sale tobacco ordinance Tobacco companies spend approximately 3.2 billion dollars per year in advertising and promotion of tobacco on billboards;in magazines; and through sponsorship of events, discount coupons, and direct mail and other means. The voluntary advertising code of the tobacco industry states that cigarette advertising shall not represent that cigarette smoking is essential to social prominence, distinction, success or sexual attraction; that it not be associated with vigorous physical activity; that advertisements will avoid appealing to children and teenagers. Both Marlboro and Camel continue advertising campaigns with a strong appeal to minors. Tobacco companies need 5000 additional smokers each day to replace those who have died or quit and few nonsmoking adults can be persuaded to start, and must: recruit new users from two groups: children and addicted former smokers. The United States Supreme Court has held that commercial speech.and the location of advertising in general and tobacco advertising in particular can be restricted. For example all advertising is prohibited on public television, tobacco advertising is prohibited on TV and radio, prohibitions exist against billboard advertising on scenic roadways, tobacco ads are prohibited . on some mass transportation systems, and free distribution of tobacco products is prohibited in numerous localities including in the State of Minnesota. Governmental Bodies That Restrict or Prohibit the Promotion of Tobacco Billboard or Public transit advertising of tobacco are banned by Utah; Massachusetts Bay Transportation (Boston);Amherst, MA; Bay Area Rapid Transit (BART), San Francisco; Alameda and Contra Costa counties, California; and Hubert H. Humphrey Metrodome. Cities and states that restricted or banned the distribution of free tobacco product samples: State of Minnesota; Boston, Newton, Cambridge, Amherst, Somerville, Worcester, Massachusetts; Honolulu, Hawaii; Bowie, Maryland; Atlanta, Georgia; Austin, Texas; and Cincinnati, Ohio. 0 TOBACCO ADVERTISING IS NOT CONSTITUTIONALLY PROTECTED Utah law prohibits and makes it a misdemeanor crime to advertise tobacco on billboards, streetcars, buses, placards or any other object or place of display except in newspapers, magazines or periodicals; stores that deal in tobacco are only permitted to have signs stating they so deal. E The U.S. Supreme Court has upheld Utah's former statute prohibiting tobacco advertising by billboard or placard. Such a measure did not violate the Constitution, did not impose unreasonable restraint on interstate commerce, and was not discriminatory. Where a state has a policy to discourage tobacco use, it may exercise its authority to prohibit such advertising. E Tobacco advertising invites consumers to purchase a product and is an example of commercial speech -- commercial speech has considerably less protection under the First Amendment than social or political discourse. The tobacco industry cannot hide behind the First Amendment. E Laurence Tribe, Harvard University Law School: "The standards used by the Supreme Court over the past twelve years to evaluate regulation and /or taxation of commercial speech leave little or no doubt that the Court would uphold the constitutionality even of a total ban on cigarette advertising ". (Letter addressed to the Honorable Tom Harkin, United States Senate, Dated September 18, 1992.) E Laurence Tribe, Harvard University Law School: "There can be no reasonable doubt, in light of the Supreme Court's decisions in Central Hudson and Posadas that the First Amendment as currently construed presents no obstacle to a well- designed outright prohibition on all advertising of cigarettes or other harmful tobacco products ... The Posadas opinion went out of its way to indicate, in an explicit dictum, that a state may constitutionally ban alcohol or cigarette advertising. 106 S. Ct. at 2979 -80 and n.10. ( Letter addressed to Henry G. Miller, Past President, New York State Bar Association, Dated January 16, 1987.) K U.S. Congressional Research Service: "Our report "The Constitutionality of Banning Cigarette Advertising" (CRS Report No. 90 -82 A, Feb. 8, 1990) , concluded that a total ban on cigarette advertising would likely be upheld by the Supreme Court as constitutional ". (Memo addressed to the Honorable Tom Harkin, Dated August 6, 1992.) WHAT'S THE PURPOSE OF TOBACCO ADVERTISING? K The tobacco industry claims that advertising is not aimed at children or getting people to start smoking. If this is true then: ► What are they getting for the $3.5 billion they spend on advertising every year? Why are five of the top eleven advertising accounts in the U.S. cigarette advertising accounts? ► Why haven't the highly controversial Joe Camel ads that have proven to be as familiar to preschoolers as Mickey Mouse, been stopped? ► Why doesn't. the industry focus o n t h e The Feb. 10, 1993 Journal of co American Medical Association merits of their Published the following: :The product over tobacco companies regularly t h e i r and emphatically assert; that competition - if' "We don't want kids to this is, in smoke ", yet they spend 0 f a c t, t h e- billions on =advertising purpose f o r campaigns featuring ,; - cowboys advertising? and cartoon characters. Not surprisingly, Marlboro and P. Why do cigarette Camel are the brands most ads show youth commonly smoked by kids; in cavorting on the California 59% of :32- to 17 b e a c h i f year -old smokers smoke they're not Marlboros and 23% smoke i aimed at Camels ". youth? FIXED TOBACCO ADVERTISING: GLAMORIZING AND PROMOTING A DEADLY ADDICTION K Old Joe cartoon advertisements (Camel cigarettes) are more effective in communicating product and brand name information to children than adults. Since the 1988 Old Joe campaign, Camel's share of the illegal children's market increased from 0.5 percent to 32.8 percent, 0 representing sales estimated at $476 million per year. NORTHPORT MEDICAL CENTER, LTD. 5415 BROOKLYN BLVD.. 533 -8666 MINNEAPOLIS, MINNESOTA 55429 Duane Orn, M.D. C. Dwight Townes, M.D. Kip Abrahamson, M.D. Andrionico F. Cullado, M.D. Rene Braun, M.D. - Emeritus Frederick Wolter, M.D. - Emeritus November 9, 1993 Mr. Jerry Splinter 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Re: Draft Ordinance - Tobacco Related Products Dear Mr. Splinter: I have had the opportunity to read and study the proposed ordinances ammending Chapter 23 of the city ordinances regarding tobacco re- lated products. I have also had the opportunity to read and study the proposed ordinance ammending Chapter 11 of the city ordinances regarding liquor licensing. Both tobacco and alcohol are a significant health hazard to the Amer- ican public. Advertisement in any form is designed to create demand and use. Advertising at the point of sale is designed to trigger impulse purchasing. I am in favor of limiting advertisements for these products as much as is legally possible. The point of sales limitation may ultimately be one of the most important areas that can be reasonably eliminated. Minnesota Medical Association has a program entitled "Smoke -Free By The Year 2000 ". This program was started in 1985, and it has resulted in a significant reduction in the use of tobacco in the state of Min- nesota. A change in these ordinances would aid and assist in the con- summation of this program and is consistent with those goals.. I would add my support to the adoption of such ordinances. I would encourage the mayor, as well as all members of the City Council,to adopt these ordinances. I will also be prepared to aid and assist in this endeavor in any way that seems appropriate. Sincerely, jL) I 41�) Duane Orn, M.D. DO /dh HOLMES & GRAVEN CHARTERED Attorneys at Law JOHN M. LEFEVRE, JR. 470 Pillsbury Center, Minneapolis, Minnesota 55402 ROBERT J. LINDALL Q P ERT H A. ALSOP (612) 337 -9300 LAURA K. MOLLET ALD H. BATTY BARBARA L. PORTWOOD EN J . BUBUL Facsimile (612) 337 -9310 JAMES M. STROMMEN JOHN B. DEAN JAMES J. THOMSON, JR. MARY G. DOBBINS LARRY M. WERTHEIM STEFANIE N. GALEY BONNIE L. WILKINS CORRINE A. HEINE GARY P. WINTER JAMES S. HOLMES WRITER'S DIRECT DIAL DAVID L. GRAVEN (1929.1991) DAVID J. KENNEDY 337-9215 — JOHN R. LARSON OF COUNSEL WELLINGTON H. LAW ROBERT C. CARLSON CHARLES L. LEFEVERE ROBERT L. DAVIDSON ROBERT C. LONG November 18, 1993 Jerry Splinter City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 RE: Proposed Ordinances Relating to Sale of Cigarettes and Liquor Dear Jerry: I have reviewed the draft ordinances which were prepared by the city staff based on draft ordinances which were proposed by the Association for Nonsmokers' Rights (ANSR) . I have made a number of changes to the ordinance for purposes of clarification, simplification and enforceability. Copies of the proposed ordinances are attached. The ANSR has provided me with a good deal of background material, articles, legal opinion letters and the like relating to the legal issues posed by regulations of this type. The city council should be advised that adoption of this ordinance may expose the city to legal challenges brought by the Minnesota Civil Liberties Union (MCLU), the tobacco industry, the advertising industry or others. Point -of -sale advertising is big business; and that industry could be willing to make Brooklyn Center a test case. The primary potential grounds for challenge of the proposed ordinance would be based on the First Amendment to the U. S. Constitution and on federal preemption. The First Amendment protects commercial speech, like advertisements, as well as pure political or opinion speech, although the government has considerably more discretion and authority to regulate commercial speech. A good argument can be made that the First Amendment prohibits ordinances of this type. However, I believe that a somewhat better argument can be made to the contrary; and I am of the opinion that this ordinance could be successfully defended from a First Amendment challenge. The other primary potential ground for challenge is federal preemption. Congress has adopted a number of laws governing the advertisement of cigarettes. These regulations include, among other things, the requirement that various warnings be CLL61810 BR291 -4 Jerry Splinter November 18, 1993 Page 2 included on cigarette packages and other advertisements. As a part of that regulation, Congress adopted as its policy and purpose to "establish a comprehensive Federal program to deal with cigarette labeling and advertising with respect to any relationship between smoking and health, whereby . . . commerce and the national economy may . . . not [be] impeded by diverse, nonuniform, and confusing cigarette labeling and advertising regulations with respect to any relationship between smoking and health. " 15 U. S. C. § 1331. In furtherance of this policy, the Congress adopted the following provision relating to preemption of the authority of state and local government to adopt inconsistent regulations: "No requirement or prohibition based on smoking and health shall be imposed under state law with respect to the advertising or promotion of any cigarettes the packages of which are labeled in conformity with the provisions of this Act." 15 U. S. C. § 1334 (b) . The ANSR and other organizations opposed to smoking argue that this preemption clause does not forbid Brooklyn Center from adopting point -of- sale ordinances limiting advertisement because such a ban is not "a prohibition based on smoking and health" but rather is based on preventing or avoiding illegal smoking by minors. Whether such a distinction is sufficient to avoid federal preemption is difficult to say. Anti - smoking interests argue that a prohibition on advertising which has as its purpose the prevention of illegal smoking by minors is not preempted by federal law. Opponents to this position disagree. The well -known Washington law firm of Covington and Burling commented on a proposed state law which would have banned cigarette advertisement on billboards to prevent illegal smoking by minors as follows: "If the asserted purpose of shielding minors from cigarette advertising were sufficient to justify a billboard advertising ban, the protection of cigarette advertising provided by the federal law would be essentially meaningless because all advertising may be seen by minors. Congress did not intend to permit the states to eliminate cigarette advertising to adults in the name of protecting minors. " Frankly, this strikes me as a pretty good argument. Unfortunately, there are no decided court cases which are particularly helpful in resolving this issue. It seems to me that the question is not as simple as either the ANSR or the tobacco industry suggest. I would expect that as the case law in the area develops, the courts will draw a line somewhere between these two extreme positions. For example, I would expect that if a state or local government attempted to prohibit all advertising of cigarettes on the grounds that such advertisement might be seen by minors thereby contributing to illegal sales, the courts would strike the prohibition down as violating the federal preemption clause quoted above. On the other hand, if the state adopted some rules which were clearly narrowly tailored to CLL61810 BR291 -4 Jerry Splinter November 18, 1993 Page 3 prevent illegal sales to minors such as prohibiting display of tobacco advertisements in public schools, the courts would probably uphold it. The attached point -of -sale advertising limitation lies somewhere between these two extremes in what is currently a large grey area of the law. The ordinance certainly has a rational basis, but there are many regulatory provisions relating to tobacco advertisement which could have a rational justification but which would be preempted by federal law. I am told by the ANSR that there are no other ordinances of this type in the country. If it were adopted by the city council and if the ordinance were challenged in court, the case would be a case of first impression which could be very important in defining the rights of state and local government to impose such regulations. The law will eventually become better defined by cases brought to challenge various regulations such as the attached ordinance, whether these ordinances are adopted by Brooklyn Center or some other governmental agency. Given the importance of the issues in this case, it seems fairly likely that this ordinance would be seen as a test case and challenged by such organizations as the MCLU, the advertising industry or the tobacco industry. In the absence of any helpful legal precedent, I cannot give a legal opinion with a very high level of confidence as to whether the city could successfully defend a challenge to the point -of -sale ordinance. However, given, the importance of the issues involved, the city council could very well conclude that it is a battle worth fighting. On the other hand, given the financial interests which could be adversely affected by point -of -sale regulations, being on the leading edge could involve the city in protracted and costly litigation, even if we were ultimately successful in defending the ordinance. Very truly yours, Charles L. LeFevere CLL : jes Enclosures CLL61810 BR291 -4 � A A COMMUNITY I C O A L I T I O N Reducing Akohol, Tobacco and other Drug Problems in Hennepin County To: Members, Brooklyn Center Chamber of Commerce From: Gretchen Griffin ;�.-F. = Planner, Hennepin County Community Health Department Date: November 19, 1993 Subject: "Send The Camel Packing" Project I work with the Community Prevention Coalition of Hennepin County which is a coalition of more than 100 agencies and organizations working to reduce tobacco, alcohol and other drug use among young people in Hennepin County. I have enclosed an article from our October/November newsletter. The article describes a project that we have developed that focuses on reducing tobacco advertising targeting young people. Youth groups and school classrooms throughout Hennepin County are participating in the "Send The Camel Packing" project. As part of this project, young people learn about the impact of tobacco advertising on youth and participate in activities to reduce tobacco ads and promotions in local communities. Our coalition strongly supports the reduction of tobacco and alcohol advertising that targets young people. We are aware of the proposed Brooklyn Center ordinance that would eliminate tobacco ads and promotions in retail tobacco outlets. We thought that you might be interested in knowing that there is great concern among young people, parents, and community members throughout Hennepin County about the negative impact of tobacco advertising on youth. We applaud efforts such as the proposed ordinance that would help achieve the goal of reducing this advertising. If you would like more information about the Community Prevention Coalition or the "Send The Camel Packing" project, please contact me at 348 -5964. c/o Hennepin County Prevention Center • Room 810, 525 Portland Avenue • Minneapolis, MN 55415.612/348 -6122 • FAX 612/348 -4841 r., f• co C U PDAI E O�`1N1UNITY � Reducing Alcohol, Tobacco and Other Drug Problems in Hennepin county C O A L I T I O N vot.umj- I l I. Issue:') Oc rot3t:tt /`ion i:Attit.tz 199. Young people band together to Send The Camel Packing! g g ttO Id Joe Camel, y ears have captured the discovered nine billboard , the bigges share of the il leg al e cartoon is al on gg g violations within a few of coolness, will youth market. ,.' square blocks. 4 . L ern for a (]r ubbing this To counteract these attrac- a t # ., Both these activlt (all as �I Carnpal devel- I� y oE ,i tlrak + +� + les tive messages, the I ubhcs , d oiled I)v- the CPC is kicked ,,1 t + ,�_ lend themselves to media Awaren fi ess /Media ction �� r ` off to reduce tobacco �' ,9 , �s _ attention, , Kathy said. Croup has set up several � � � �`� � � �_I ? AVC walll t0 rake atV'al'C- advcrtising directed to ehil- activities (or youth, witht��n M a� [less In the w1lolc com- adult leaders, to take action "" �"► / munity about tobacco "Approximatel , 90 per- on a neighborhood leVCl.: companies preying on cent ofsmolkers start- when ' our kids." Onc is to approach the �. thc�'re young, so the proprietor of neighbor- Youth leaders attended tobacco companies are flood convenience store, That+ 11 oy Phelps disguised as a camel, and Diane Beer jam zn o r r e n t a t r o n sessions l n marketing to younger asking ifthey could come drawing names at a `Send the Camel Aickiuug" orientatioli September and October, audiences," said Kathy in and count all the session —top prone was a camel mask. Phelps is tuith the Iverson, chair of the "Send p and will be guiding their tobacco ads in the store Minnepaolis Department of Health & Family group Support; g s in these activities The Camel Pac corn- - ._ then sug ste s Benjanihz with ASSIST. P rnittee. "They're showing gg g P for the next few months. for reducing the number kids that it's cool and of ads and promotions. advertising industry has a company in question "Send The Camel Pack - glamorous to smoke, and voluntary code prohibiting requesting that they 'ng" resource kits are they never mention the In the second activity, "adult product" advertis- remove the ad. available to youth groups health hazards." youth measure the dis- irrg within 500 feet of a and organizations in Camel and Marlboro, the tances between billboards school, hospital or place of In pilot- projects this surn Hennepin County. Call brands with the biggest that advertise tobacco or worship) c Iner•, one group of young the CPC offi m ce (348 - advertising budgets direct- alcohol, and sites where people found 150 tobacco 61.22) for more infora- ed to you recent pP ro P g these ads are ina ri If' the young people find ads in a sin le small con- hen about the ect. t �n ate. (The local outdoor violations, tl rite the venrence store. Another CIO Pathfinder Resources Inc Midtown Commoins,s i 105 2324 University Avenue West st Paul, Minnesota 55114 -(612)647 6905 �(612)647-6908faz' - — - - �MlNNESOTA; r NEALT F _ November. 2/2,1993, , _Gerald G 'p—linter . = - ; ci ty `Manager �. City of . Brooklyn Center 6301' Shingle Creek Parkway: _ Brooklyn Center,- MN "554M,- i Dear Splinter: - I ,received your fetter .responding to our request to develop a city ordinance for liquor establishments .to post signs - warning women about drinking during _ - pregnancy.' I'm thrilled the City of Brooklyn Center is in the process of not only jooking at the dangers of alcohol but tobacco as well. v Our coalition; Minnesota Healthy Rots..-.A Coalition for the Prevention -of ° Maternal Substance- ,Abuse, supports the passage of - both ordinance - -� amendments. We are encouraged by the city's willingness to consider,the - ° effects of tobacco as well as alcohol. The statistics' are startling! According to the National Institute on Drug -� Abuse, the- ,number of drug exposed children born each year ranges from - - `?75 +o 73 Q,nnn, r+oSSi171�� � °� o c �jl nacti�lyyrrc in tl�e- ?Jnit?d States. Of t- es r � 73 %ahave been exposed to alcohol. We' spend $375 million for alcohol exposed newborns,. $652 million- for tobacco exposed newborns, and as' much as $852 million ;for°the .care of tobacco exposed children. These numbers can - be avoided- PREVENTION is the key. The City of Brooklyn Center, could set the pace in educating it's community about the effects of alcohol and tobacco by passing the ordinance ° amendments. These ordinance amendments would help - us "spread the word'' about the dangers of alcohol and tobacco use during' pregnancy and would help - to prevent future drug exposed children. e W would- be happy, to work with - you to insure "passage of the ordinance amendments as well as,' to implement the ordinance. in "the City of -Brooklyn - Center. Please do not hesitate to call me at 647 -6905 if w'-6 can be of any a ggi Ice., - _ F i c " a i ,For health b b es Program Manager - cc: Barbara Kallighar Kristen Mann Dave Rosene Celia Scott _ - - LEGISLATIVE ISSUES JUMRICAN ® Sow #%LtFrr - _v Mlnnetotc DNWom tic. ®® Public IssuesfQuick Response Team Action Alert The City of Brooklyn Center may be on the verge of doing something truly historic. You can be a part of it. Very small children are exposed to literally dozens of tobacco ads each time they enter some stores to shop with their parents. As they get older and go to convenience and grocery stores on their own they are surrounded by cartoon animals, rugged cowboys, and glamorous models promoting tobacco. This level of tobacco promotion does not have to be a fact of life. Cities can dramatically reduce tobacco advertising and promotion, including point of sale ads. Brooklyn Center is prepared to do just that. The ordinance they will consider will be the first in the nation to boldly take on the tobacco industry in the area that will help the most: reducing advertising which reaches children, the potential smokers of tomorrow. A draft ordinance will probably be considered December 6 at the city council meeting. It will confine in -store advertising to a statement of available brands and prices. Prohibited, for example, would be Winston IN /OUT signs, Camel clocks, Virginia Slims grocery dividers and Marlboro baskets. Gone would be promotional T- shirts, caps, belt buckles, mugs, lighters and CD's. The average age of starting to smoke is 13. Smoking rates among children in Minnesota hover at about 22% despite participation in the best available educational programs. The younger a person starts to smoke the less likely it is that person will ever quit and the more likely it is s /he will die of a smoking related disease. We must do something, and it must be bold enough to compete with tobacco's $4,000,000,000 advertising budget. When the Brooklyn Center city council gathers in the council chambers they will have the opportunity to do what no other council in the country has done, eliminate tobacco point of sale advertising. 3316 West 66th Street, Minneapolis, MIN 55435 • 612 - 925 -2772 • 800 -582 -5152 I YOU CAN HELP. HERE IS HOW: * The Chamber of Commerce has been asked to review the proposal and react to it. Identify the members of the Brooklyn Center Chamber who you know. Encourage them to participate in the discussion. Let us know who you know on the Chamber so we can follow up with them. * Get signatures on the enclosed petition from neighbors, friends, members of your church or civic group. Mail it to the Mayor. * There will be two or three council meetings to discuss this issue. We will let you know when and where. Plan to attend each meeting and bring friends or family. Unfortunately, sometimes these meetings are scheduled, then changed. Please be patient. This is an important political process which is unlikely to be rushed. Flexibility will make it feel less frustrating. • Write a letter of support to members of the council. • Write a letter to your local paper about the issue. * If you lead or have a child in a scout or youth group, talk with them about how they might work on this project. * If you know someone in a civic group or are active yourself, try to mobilize them around this issue. This ordinance would be the first of its kind in the country. Cities all over the country will follow Brooklyn Center's lead if it passes. Just as White Bear Lake led the nation with the tobacco vending machine ban, this will be another trend setter. Tobacco Advertising and Children ✓ 22% of Minnesota 12th graders smoke;' almost 80% of peopl who smoke begin as teenager-,.2 V More people die in Minnesota each year from cigareftes than from alcohol, suicide and homicide, traffic accidents, AMS and other drugs combined. ✓Tobacco companies spent $307 million in 1990 on free promotional Items, an increase of over 60% from 1988. In 1998, they will spend an m estimated $600 million on these ites.' r Since 1990, Philip Morris has given away 2.0 million T- shirts displaying Philip Morris brands.s ✓ Since the start of the old Joe Camel campaign, Camel's share of the illegal children's cigarette market has increased from 0,5 °a to 32.8 °0. ✓ 94 0 /0 of high school students vs. 58% of adults recogniz e the o Ia Joe cartoon character.? 0 ✓ A national survey by the Gallop Ins'" - ute of 1!25 Children ages 12- 17 found that r.4 of children who s and 27% of non smokers owned promotional items. V In San rrarlscisco, 72% of billboards in Alrican- American neighborhoods and 42% in Latino neighborhoods advertised cigarettes and alcohol, compared to 30 ciiywide. 1 Miunesota 1)tC=tr0nt of Educ ation. Minnesota Student Survey, 1.989_1992_ Reficctlow of So-ctal Chan3a, 1992. St PnuL MN: Prcrcaaon and RI Redticcicn Unit. 2. Smoking and HenLIA National Status Report. United Ststtr D+Qrr=1ent of Ilealtii rand Human services. Fabru ry 1990, 3. Minnecoca Dcpa=cnt of Heattb. 198711990 Adult Irritative survey, 1S'91. Mftsrwooiis, MN Section for ?ton Smol inn and Health. 4• Shapiro. Ebca. Cigarette bfa;i.vrs curft Smokcrr in Icotu, E:;cding r'i''at and £rxagins IvLIS- WsI1 Street 1our�al, ,Monday, Sepcc, - nher 27, 1993, Page B1. S. Ibid. 6. D'i - r =za loscgb R., r[D, RJR Nabisco's Cannon Camrt Prrtmatrt C:.tnci CigarcaeS to Childrer_ Journal of eat the Amsriz= M dicat Asso=tina. Decbcr 11, 1991. 7. Ibid. 8. Qa1109 Irternatiaoal Tnc timte, ?nnczton NJ, lent 1992, 9. Cuizrn Acrlon Handbook on Alcohol and Tobacco Billboard `(dvertLsing, Canter cor Science is the Public 1n CC rc at. Wubia;coa D.C.: 1994- o)cl- -44 L C oY s z�.�-�. 1 t;� (� j r F UZ 1 CrL- • cjc� C,4 cl,� cc-� • ��, � �R"``w h �� � �� �, • '�. `��� �- � � :� J -� era r �-, ,tom, os ��a • � � ���� �� �� � ` § t! �� . � `{ �� �, �� � `� � • t 1 (IIJ'J �tJ - 1'��_ 11 mail 1 - 5rn_1r , i,,H Lila )U -- -- - COVINGTON & BURLING —1ZOr PENNSYLVANIA AVENUE, N. W. P.O. SOX 7566 — — - -- WASHINGTON, D.C. 2004a (202) 662 -6000 ^eN�scN wouc _�- 'i9 hC4TF040 [TaCCT TV.EFAX: (2021 eeZ•6291 :oNO:N W17TC Fyq,,,, JAMES A. GOOLD TCLEX: A9 - 'SG3 1COVLING WSHI E[o�CN C ' 6° ''a95.555g TSLSC.�r aa.Ti.a�y Ct4[C7 01^1. NVMwE+ CAB LC: COV LtNC ( 2021 562 --,307 D4USSELS cOaq G:FONOCNT OFr. -,F 4a ^vC-V& Ors Aa Z; November 30, 19 4 3 Tt::CFN( 32bJ23Od VIA FA CSY MILE Honorable Todd Paulson, Mayor City Hall 6301 Single Creek Parkway Brooklyn Center, Minnesota 55430 Dear Mayor Paulson: I am writing on behalf of The Tobacco Institute concerning the proposed Brooklyn Center ordinance relating to the advertising of tobacco products in retail stores. As I understand it, the proposed ordinance would single out tobacco advertising in retail stores and effectively prohibit it by restricting it to a format specified in the ordinance. This ordinance would violate federal law that expressly prohibits state and local restrictions on the advertising of cigarettes as well as the broader principles of free speech guaranteed by the First Amendment. For your information, I enclose copies of "A Constitutional Analysis of Proposed Content--Control Requirements for Tobacco Product Advertising," a legal memorandum that addresses the constitutionality of proposed federal legislation that included a parallel provision to restrict cigarette advertising at the federal level. Such legislation has not been enacted by Congress, based in part on concerns expressed by the Department of Justice the Am erican Bar Association, the ACLU and others who recogn - fie -- constituti.o'nal implications of government - imposed restriction, on free speech. In the last year, since the enclosed memorandum was prepared, the Supreme Court has twice affirmed the constitutional protection of advertising and other forms Of commercial speech. I respectfully request that copies of the memorandum be made available to the Council and to its legal counsel. In addition to a review of the legal precedents that confirm the unconstitutionality of such restrictions, the memorandum includes a review of the United States and international studies which have found that the incidence of smoking by youth is not affected either by the presence of cigarette advertising or by its prohibition in countries that, unlike the United States, do not have First Amendment guarantees of free speech. COVINGTON & BURLING F Hon. Todd Paulson, Mayor ember 30, 1993 Oe 2 Apart from these compelling constitutional concerns, the proposed ordinance is in violation of the Federal Cigarette Labeling and Advertising Act. 15 U.S.C. 9 1331 et seq That Act, which established the federal cigarette package and advertising warnings, specifically prohibits state and Local health restrictions of cigarette advertising and promotion based on smoking and health, as part of a Congressional determination to protect "commerce and the national economy" from being "impeded by diverse (and) non- uniform advertising regulations." 15 U.S.C. S 1331(2). Although I understand that the stated purpose of the proposed ordinance is to prevent young people from being exposed to cigarette advertising, its clear effect would be to frustrate the purposes of the federal Advertising and Labeling Act. The Supreme Court has made clear it is the effect of a state or local law, rather than its purpose, that govern in circumstances such as these. Int. Paper Co. v. Ouellette 479 U.S. 481, 498 n. 19 (1987). The purpose of the proposed ordinance -- to discourage e c i d -.. g h 1 ren from smoking is a worthy goal. As the studies reviewed in the memorandum make clear, and recent Department of Health and Human Services studies showing a continuing decline in youth smoking confirm, however, restrictions on cigarette advertising will not be effective in advancing the ordinance's stated purpose. In contrast, vigorous enforcement of laws prohibiting the sale of cigarettes to underage purchasers are readily available and effective steps that directly address the problem and present no intrusion on the key principle of free speech. I would be pleased to provide copies of the materials discussed in my letter or the enclosed memorandum to you, the Council or your legal counsel. Sincerely, C G mes A. Goold JAG:ilo Enclosure 0 Y `i c,l I N A, Constitutional Analysis of Proposed Content - Control Requirements for. Tob acco �- Product Advertising Representative Luken and Representative Synar ]lave introduced substantially similar bills 0I.R. 1250 n , and I.I.R. 1493) designed to eliminate tobacco product z, purposes. ' n for all practical nFOt10 1 1 advertising and pro These bills, if enacted, would limit severely the con- H tent of tobacco product advertisements and the design of tobacco product packages, ban tobacco CT product advertising in certain places, eliminate all forms of tobacco product promotion and prohibit the r use of tobacco product trademarks to sell nontobacco products. H.R. 1250 and II.R. 1493 also would grant state and local jurisdictions broad authority to 0 l 1 • d proh ibitions establish their own requireme a n 1 based on smoking and Health with respect to the advertising and promotion of cigarettes.' z In a(Idition, II.R. tmo would ban the sale of eigarettes thrnul;h vending machines in any place qwn to persons mder 18. The bill at.M) wottia require the vmIeral't nuie Comrninsion 14) - nninge for tea- i?jg of "tile constituents of tobacco smoke." 1I.It. 1193 would defier any tol.lacco pro4lucl rulvertised, promoted (or packaged in violation of its terms as a "nuAwanded drug. tinder Sec. 502 of the t" eder:d rood, I)m1; & ( ,'osinetic Act, 21 II.S.(:. g 352.1114; would make viola - tion of ILK. Sd!):; - prohilfiled acts" under Sre. 3l)i of [he Flh &.C: Act, 21 [1.S.t: 4 , snhject to crimiEtal aml civil penalties under rE tiers- %)2- of lhE! FI)&C Act, 21 [ I.S -l;. S� 33 - *17- I'hc mi,1) r isivo:; of t1EC F1) & {.: Act currently apply only to 1rrwhict T labclin};. 34 3 selves repeatedly have acknowledged. The propo- restriction on commercial speech must "directly ad- nents of II.R. 1250/1433 could not demonstrate that vance" a substantial governmental interest and must it would directly advance their goals or that it would be a "narrowly tailored" means of promoting that be a "narrowly tailored" means of doing so. II.R. governmental interest. The proponents of II.R. 12501 1250/1493 therefore would violate the First 149;3 could not demonstrate that the restrictions con - Amendment. templated by tite bills would satisfy those requirements. t COVINGTON & BURIANG II.R. 1250/1493, if adopted, is likely to spmYn similar proposals to restrict advertising of other con - troversial products or services. Indeed, the Advertis- ing and Marketing Panel of the Surgeon Generat's Workshop on Drunk Driving recently recommended severe restrictions on alcoholic beverage advertising, and Representative Waxman has threatened "an out- right ban on all prescription drug advertising aimed at consumers. " I -I.R. 125011 also raises urgent First Amendment concerns because its "antipreemp- tion" provision effectively would license outright ceo- sorshin of cigarette advertising by state and local governments. Previous proposals for an outright ban on tobacco product advertising provoked an extraordinary F'imt Amendment outcry from across the political spec - trum.s'Che LukenlSyrnar bills —which the ACLU has 6 "A Major Koopla: Alcoholic Inrhrstry Worries About Ban of Advertising, "Adweek, 1hK:. 1'J, 1!}88, p. 2; "Pitching; Pharinaceuti- rals to the Public," Washin!jImi Poq. May w, 1998, It 117. 6 Opponents included the ACLU, the Department of Justice and the Chairman of the V erleral Trade Commission, aS Well as some of the inostdisti iguished scholars in the nation. In February 1987, (lie American Bar Association rejec(vil it proposd urg ;ingr it to earlorsc a ban on tobacco prrnbicL advertising. ft did so, accordiiig to A 11x1 President EligmeThorlias, because of free speech concerns. Adver- lisitty ;Iyc•. Feb. 23, 1987, p. 80. 0 C 33 a9 As a deliberate k JD ` violate tile- First Amendment. for state and tD Congress o pave the way c.•, "T— likewise attempt by t g bans or discriminatory c „nrlernneck as "a )Jan in sheep's clothing local cigarette advertisin he proposed legislation sluxlkl he rejected warning t ecyuirerllents S Cit o f Los ” lainty illegitimate." S i >1',� c1l nYrtoly ter it.l {. I2�iQlLi9 would he P 466 U.S. ?$9, 804 Angeles v. ?'ax))a (r sjor Viyieent, 1. Advertising and Packaging ( L984 ) "antipreemption" pz0 of the Under 1[.13.• 125011493, an advertios et meets a Even if the purpose wou ld not immunize tobacco product could inctu+ie only two vision were not censorship, that reme u' ricture of the pacitage (displayed a gainst a "(tlhe existence l tl all an y *accompa it fr,�rn First A.rn� =nt ;ni �m ltasized, As the up M or "white h ), ear in black Cotlrt repeatedly has !� ermissibie purpose cannot susta►ri an action that I printed tex 1Vhit l�background. eiteprleseritations of of a p " W-rig ht V. City of ` type on a pictures g would be prohibited, has an imper general woissible e 462 t(1972). A s tatute chat - people, and pic Y p 51, logo co uld be used. �: or`iii, 4.07 U • and no "brand name lot,o or SY hinted text wolsld longed under the First Amende v IV1 n nesota., 283 in any printed in the Under 11-R. 1250, the t }�y its operation and effe ct. N have to be the same size anti Style the er U.S. 0 <)?, ?0 8 (1031 }. Where abridgment of First f, examine Sul Yeon Gelleral's warning. Uncte er than the co urts 111"t on. S hneider b picture of the package could be ri package dis the effect Of' he challenged tegl "actual size" of the package and the i rimed text v. State, '308 U -S• 1410 t6i (1939) - played in the picture could in Deis Under MR- co NC[.US [ oN (black type on a white background }. The prohibitions and restrictions that would be T StalenwilL on I{.lt• l 1s:3 by Barry Lynn, Lets before e th Counsc , H•1t 1250/1493 are tantalllOunt to a ban ACI.t1, hiareh It;. 1 p• ►: ![,•"ri rr - 12 ng . before. Sulr- i m p o sed by prom ot i o n They lul 2r ' on tobacco product advertising and p etwolr. nr+ 7'r•,rrr�l,nrlutir,n Will lf+czu 1 t 'I s htrrtr r`ials of the 11010P remise Ua uru 'W lsrrrrrl.'l,rud t:rrruurvr,e. Itrlsnelltd, rry L'nn,At',Ltl' re�tOrl the lTlis that advertising sign taken p I` J21'? S" It} H! 111curinK„}( f+ r4trirc,l:litx'rncrtiln(l3arryLy oun eople to begin smoking - Prec lude the candy influences Y g p would lead to bann su rien tzr,tfl11110 and that b� g h a dvertising y oung people. Exp r'Cht: ":u -tu;i1 sizr" rc,luircnient effcciivcly woulJ p okln ,1lriorig y rt s wrls decreased srn g uu r,f tiuUh pictures on billb+ >:lrlls. In a+1,liliun, tt.tt. belies thtit premise, as antismokng i advocates t hem - e+pro'sly w" "111 prohil all Urbacco pru+ {uct ,,, wi lw ng : 1 297 U.S. 2:5 :3. 250 sl:uliu,ns :rnrl (11, le tip+,rly l`ricet 1+'Ivertising tl enret al {ys +v hilt rul 1 {be +` Grosiean V. 1i rttrriran Prim, rrurs, 3:39 t1.S. 3132, i n programs or un flyers. �� e. e•y (193ti); rlrnr'r'ir +rrr. Cmm1artrrirulirrtt� rl, dluwl+I antler H.R. I'LGhl1a iv�r v`;r'u+tf� ti d�le� lln ra+Illilio n 11a 1!)�ill }. n nerally rend" pn�r. lilt l h' n,anuGu�tur +•l�s+,f t, d 1' t1 nN, l i , . ,u,llsch,"rt: il' { ±r+ce +hlc for the lu „{ ti a +lvrrlisl „ r III r� ` 50 the content of the text. Ott the p<ic 1<icge: �'n)utd 32 Y is l e liltlitc;cl to information sjWctficd it) Iii 3 "', as Moreover, the „ � if }Fanning advertlslnp, b "blacklisting ro Moreover, t would have to be the san)c 5t ) dticts sec:rn illicit, tl rnalce to l)rod- anti tiiCnt.nlC lil f0l'inatit undertaken to make tobacco } such an approach surely WOUl tors, not less so.'a Z, promotion » ollifJit afi acts more attractive to young•' _ �� t State and Ii.IZ. 1`Z50j14'�' effective )runlotion except tin o o) product advertising or } Fits artcl bill- u. ti.tt. t25o(ttst W Invite ( ;cnsr►rst,rp Y e) and ma�;arines a i of the y,ocat ciovernmet newspap " provisions of 1[.1Z. boards. Although the two bills cli the "antipreempt'son p " )rulilotton" essel)- At best, of the label- details, four esLablisited forms of 1 1250/1493 would regulation m arketed prod- )rohibitecl. uld Balka tidily would be l ing and advertising °f l is W ith t ile, F irst Amendment to bacco )tu duets or to pro- • ode m t Saltaptes aruI Pl'r,�rnattubalt Wo 1)e unlaw to 0 act —all outcome at the existing system of unlfor values pro tect by an d advertis. distribute "samples u g " premiums" ur cots }wna voeling would exp ffering free sarnp o loit mote tobacco prOdLL s national assn l contrul over cigarette olcing a(labc "t s es o i, o 'tltladetic., �l rustic: Or ing. More likely, a justify pro rYraSCrr sh p 1 a1)etitlg and advertising . r3r arzd-Ncctirie Sp unsor anY tkte weakening of federal preemption d j titer Z;ve ?its It would kle Lin al to s� red brand c a 0 th l a to f ans. kinder at b s u •tine state advertisint, oral eve rat htbt outright t icorcult u t n o g thle r eve 'on of a 't. rettulrements, state and o regulation C preempted s " i order name of a tobacco pro duct. an d advertising precisely Use o f Tobocco P-rod-act �la�vfui to mar istered ke NO` n- Cigarette labeling tl }e reg L avoid stack speech - related burdens. revisions tobacco Practau ts. It would be unlawf tion" p tobacco products or services bearing Tile validity of the "antipis sus ect botit because d name or logo of a tobacco product. under the First Amendment p bran ur ose and because of its ended . TOP am' E'ctztilrrnent. It would be b ur) a of its apparent p p p r is irate la a reg istered brand name of a t ls, cu �arete o cusp Y atumals, ar effect. 'po tl�e extent ionf l t ful t o prohibitive cig pro oil toys, cars, boats, to facilitate tile- impost duct appearing Other sporting equipment. and advertising rti;cltiirernents or outrig y labeling li•1Z. 1250/1403 Obviously would r bans, . j>roduc.t Ploccc'rra�;bra It Dame of tilto!)ac �u prowl to have a r e advertlsSnf, rlsto:red l)ranc! g ' lay. an or to the act a l)pear in Y lT lt)v ie p ,�, nr +i(tt.R. s r , o ` wotltct snake an exception > It.tL. r�f.� 1:1.1L. 1 �<)Ol l 193 l (( +u+rr+tnu� +y 1(ru(tl, t','+,(Pl'ttUfl rt+'(r�'1irt �t(atiun,'!'+,ceresut 1U0 first fear of these prohibitoi)s i where tilt rE,t;►s o.rer (S:('lt,v(i,rrlhr : in(H+,rn„r. r will (.'errrrrr, r" �l(+rfrr'iut, ref lira• ((errs+• ('nrnrrr. en (:ur +, il,•, l,rrt: 1' ,rq• 1 I �„ 3I 6 • �- ' was the rrarne of a co r p ora- Second, as explained above, Ik.1t• 125011493 is func- brand name. in qu estion tionally equivalent to an outright ban on all tobacco tiurr in existence prior to enactment. product advertising the broadest possibles preemption Lion. As such, the proposal would promp the mo „ searchirr Scrutiny for available alternatives. Even g ., 11.11. 1250 contains an "antipreenrptic }n provision if 11.1t. 125011493 were not considered to be tanta- specifying that — mount to an outright ban, the issue is not whether governments may regulate the its app State and l governments � lt ` roach is narrower than some other prohibition, consumer sales promotion of any tobacco product but whether it is a "narrowly tailored" means of to the extent noL inconsistent with Section 3, ex- achieving the asserted governmental purpose. cept that no State or local government may by If the real motivation for banning promotion and statute or regulation require the use of any warn- eliminating images and slogans from advertising is ing on any tobacco product which is different from that they "may lend the tobacco industry an image a warning required by Federal law." Sec. 4(c). • "a this concern can hardly serve of 'wholesomeness, MR. 1493's antipreemption provision specifies that as a legitimate basis for restrictions on speech• jn nothing in that bill, and nothing in section 5 of the ICittgsle�y, for example, the Court ruled that a por Federal Cigarette Labeling S. at and Advertising Act, 15 trayal of adultery could not be banned because it por- (1.S.C. § 1334, shall prevent any state or local trayed adultery in an "attractive" tight. 360 U. government from regulating— 389. In Cai_mj, the Court ruled that contraceptive "(1) the location of any advertising for tobacco advertising could not be banned because it "legiti products is displayed within the geographic nlized" illicit sexual behavior. 431 U.S. at 701. Con I roducts w - versely, in Bates the Court refused to accept the area governed by the applicable State or local government, such as advertising on billboards and argument that advertising would "tarnish the digni b fled public image of the tlegall profession" as a on transit vehicles, and ground for restricting commercial specell by lawyers. (2) the sale, distribution, or promotion of tobacco 433 U.S. at 368. See also Virginia Phcar'rnacy Board, products within tice geographic area governed by the app li ca ble State or local government, so tong X125 U.S. at 766 -70 (rejecting ctr scmclar argument with as such actions are consistent with ant! no less respect pharmacists). ,, of banning advertising of a lawful restrictive than requirements of this Act and the The concept Federal Cigarette Laheling and Advertising Act." product to signal official disapproval of a product or Sec. 7. Service represents a frightening form of commercial �i K. Warner, sivittLf sixoke 54 (108 7 '30 ll.lt. 1`l5f)1149:i AN1) F[R S 'i' ANIVNWIF:N'r �. The Pcx1 ()nip" Alrpruach 1Yaultl Ile i':utlanwurtt to a Tobacco YL •b( I tICI,S {� n 1t Ill (�alkl( has {luest the reliability of tl'e sttt(ly vn the ground that it is "based Total Advertising l3:tn Despite the tern's of Ii.lt. 1'193, lZop. SYnZ ;r has n'ples of a rather narrow age range. " ` on small sa l'he " gas e Norway data, he said, do `101 Offer "conl"lling tobacco prvlluct a(lvertising; insisted— irlcredibly —that the trill dues tlot p evidence that ban ning in I� oath or o verall tobacco neti v � restricti( ` n �a� l t waint�ulu:(3 that theertext only" l reduces either slrlok g y Y acts. Ile a lso consumptiOtl. "•15 approach of Il.lt• I4; }3 wottltt sin'ltly make tob a cco se it could not be shown that restricting pro advertisen'ents unattra(:tive to min an Because P d "women, minorities, the low- income and to}aacco product advertising would recluse consume "while leaving cigarette manufacturers tion by minors or adults, H.R. 12501l�[ct d south not i educated," otherwise free to compete. Rep• gynar )'as asaid meet the Ce7at'l'cjt Flucfsv�ra requircrnet1t of directly r � advancing a legitimate governmental interest. II.R. 1493 "won't inhibit til vt A similar If fort," o rt,„ nd s Itep. Luken has su4,g 3. H.R. 1250/1493 Would N ot Satisfy the " a Narrow 11(t of Luken en ha z Tailoring" Requirewent tion !1493 also would not fourth Apart from its obvious c(tndescension tuwar H.R. 1259 ld t satisfy tile minorities, the low - income and [tile] u' "lc►- element of the Centxut Huds test —that it ern- educated' Melt. Synal•, at least, evidently of achieving the gvv edu(� • li rent choices Mien "narrowly tailored means believes are unable to nlalcc tr'tc l b ment's interest. First, when concerns about cornmer- it comes to purchasing products- 11-It. 1250/1493 cial.speech arise, the preferred approach is to assure tion is available —not less•'cg reflects a basic n'isunderstara t1C o thPurpose 'll'(] more information of images and flat loll t ct fun ircc:ts Act by Phy .� 6 I,t;w, f;+rmrne�:tccry on /lppj;eutiurt To Reg s r 7'TAf Weil devices in tobacco product advertisements. Prodnels ruiner the 11tizar(Nus f'rar f Tobacco products have been manufactured alit! sold Smof�•I~'ree Gun +t P� 1 2 (May 12, ryas ). for hundreds of years. As such, they constitute 44 see, e.g., B 4'3.3 U.S. at 375 { "thc preferral remedy rs mare re rather than less "}; I hitneg v. califs alto, 27.1 U -S. 357, "mature" product whose availability :11111 (IuRlltles a disclosure, ( "til e titling rernecly 'rile purpose and 375 (1327) (13randeis, .f., concurring) t' ,Tires ci W(tc ror evil W id e ly know'' to consumers. counsels is gouct o nes ' 'j• i'e1k'ral Iegislatiun al re:u3y rat k ' 1'resx Itele, Mardi 1t1, 1'.1x'.1, }�. and srnokele c tar C ur health an (I tllrrnan Service t to est tlrlish1nrul , I ear {:nticat;ue I.c ltcr tics king 1 ++ `ilrr3n crr f'rr 11-It. 1-1 !r: ;, dintct ; ttte Seem Y carry nuE a hooka) program 6t eciucata the pal >lic with respcti to any March 3, 1'JK'►, 1� 1 - dangers to human lre:dth prescn t try cigarette srnokint;." Cun,pre � , ( :+�,n rret+en- '� Press ltcleau•, 111arrl 11., 19", p. hrnsive Smoking kducaEi Al: t, l.> 11.5. {:. § I ►.,.{y fir•rrr irr+). Tr. •1.G3 ► > -`�- ivr. Snu,keless'1'orh:tccu Ile:tlth I;Iucatiun ,lcl ur 1'.t{h, Iii U.S.C. � .LtI ►1(a}. 8 29 r . ftznctioil of advertising for Mich "mature" products 1!)$(i, notwillista111.ling the ban and rigorous anti is not to stimulate overcall demand for the product tobacco education efforts. category but to increase the market share of a pear- Nw- aja.y. In Norway, where tobacco product adver- ticular brand at the expense of competing brands and using was completely banned in 1975, it has been to retain brand loyalty against other brands — equally asserted that daily smoking among 13 -15 year old important goals. As the Council of Economic Ad- schoolchildren declined sharply after the ban was im- visors has stated, tobacco product advertising posed. But the actual data show that self- reported "mainly shifts consumers among brands. " daily and occasional smoking among boys in this age Successful brand promotion in a mature product group was declining sharply be,/m-e the imposition of market must overcome two hurdles. First, the adver- the advertising ban. The data also show that daily tising must attract the viewer's attention. Second, and occasional smoking in this age group actually in- Mid no less important, the advertising must dis- creased among 13 year - old boys and girls after 1975. tinguish the advertised brand from the multitude of The results reported for Norway thus may reflect ' others on the market. The long -term success of a nothing more than the unwillingness of the school - brand depends on "building the * * * most sharply children who were interviewed to identify themselves defined personality for (thel brand. "'a In short, hoth as daily smokers. Conspicuously, the authors fail to � the advertisement itself and the advertised brand note the proportion of schoolchildren who were will - must stand out from the crowd. The pale commer- ing to identify themselves as daily acid occasimtal vial notices permitted under MR. 125011193— devoid smokers. The significance of the claims made by the of distinctive images cool perhaps even slogans and authors of this study is questionable even if those colors— could accomplish neither of)jective- claims are taken at face value." The Chief of the Consumers are exposed to countless advertisements each day in ca var of media. Advertisers con- +2 National Board of ]lealth anti welfare, Tobacco Cmrtrr�t in st<antly must struggle to break through the resulting Sweden, pp. 6 -7 (19 87). +3 �;.q K. [3jartveit & K. larrtd, Smoking Control in NoraRty, p� 9 (0. -44P, Nov. 1987); lijartveit, Legislation and Political Activity,' Proceedings on the ;th 1#`ortrl Conft-rtmce ou Srnnkittg untJ Walah, vol. 1, 1 (Winnimcg, 198:3). "h;curtrrrnic Report of the f'rvziderrt 186 (1987). The Surf enn ++ Th previous natiolivewe study — performed by a different General agreed in t!)?!l, slating that "the major action of cigaretG1 organization — had conducted in 190, and the prevalence of daily a{Ivcrtisiiir pon scerm is) ]re tit shift braml preferences, to ailer snutkin]; iu the is IEi year•o1d age group may well have peaked wi market slctrc fnr :►particular hn+ntl." 5nrokirrg+C /lr;n[th: r1 Ht t urrC early as 1970, tivht:n tic prevalence of adult smoking also peaked, tr% the Betatron Gent-rill I;i - ,','t (1979). arui riet- line,l thereafter. So'rr AarU, liauknt�s & llerglund, "Smoking 1, Phillips, "Can `( : fill en({ lity Thinking' Kill 6stnblished 13rands ?" Amon]; Norwegian somm Children 1975 - 1980," Scandinavian J. of il /u'rrj, I ?t'c. I!1;ili, lr. CH (t'ltt]rliasis itt ariginal 1'sfchuhtrry (1981) 'V: (a), ]r. 165. I i I r , J r� 28 tp To du so, :ldvcl ti ;ers use eye "comiltercial cluttt�►'• setting enll)loy }ting nlnciels in eyt' catching s( stint,' f ; acco advertising was catc l�anne(.l, the incidE nee . bold lig ) c 1 i l l ns 11A at' 1)r :lnd slogar(s. of smoking among youilg people actually increas(�d where tob T }trout;lt these (levies the advertiser h()pes to g:�i(t, following the impUSitiotl of the b an. ct aiivertisif the c onsumer's nlotlient��ry attention- -atld, witil it, I'brttaitd. In Finland, tobacco produ has been banned completely s ince 1978. hleverthe a chance t speak dil-e(:tly t(} the consumer.' t `phe 1)lan(i fare thin wuulc! he ltE'r}Tl(tte(11n111E,t 1 [. less, University of Relsinki researchers discovered n th snlokin amvng minors —which }lad 1 dmfini 125011 4()111 "t "1111)ett' f 01' C()n iUtltC'}' ller t rod- t - l a g in sharply before the ban was ilnposecl— increase with flashy an(I distinctive advertising fur ()slier p rod g the inc't- ucts_ Visually effective ,ldvertisc�rnents For other M after imposition of the ban. In para o < yc r ls of both =' CO dente of smoking among 12-18 y products inevitably wool(! crow(1 tolrlcc() pro(i11(�t = declining sharply in the period pre- advertisements out of the pl�k }lit mind h s proposed. tj sexes had been d g ceding the ban in 1978, but generally stabilized tisement.s were limited 'as ltti 1�uk p c r between 1985 and c' 985. Then, In ,Waking to1)accu product advertise�lle�� � ; -; between 1979 and 1 - five to those the Dill seeks to "l)rotec,t, r? 1987, the evidence showed "a clear increase in sillo y , 1, f a mong adolescents. The researchers noted 1 r } + would male such zidvertiseinE tits (ssential `T ing g , "' that the increase had ce t ing amon girls aged 1979 -1985 to 3`2 percent ictvisil)le t() everyone else. 16 -18 —from 25 p i n 1985-1`187.41 "� on is f�i�reniiny, u) (�cur};e ti:tllu }r, tvrrt ativrrlist:ti products in }Its �1 where tobacco advertising rrtnt , usin r t }►e sans,. sic space, t an differ by as Sweden. In Sweden, s.•tnle cnrnnlrHlily g l • ti billboards and t o most other media was banned in ttcac11:ts 12 to I ill their tthility i t'untnatcttl :titentiun am$ register 1(379, the Incidence of smokln€,Y aniong minors, which d pralut•l's hranrl Wants, Eiailtr}t. "I lr,ty Ativcrlitiin}; Works." l :} Fore t }le ban Was ttllpos In- I ; idtt r'fisitrg ICrx. 76.78 (1!)Z; :i). lit se:treh shows that - ab O ul 1 had been decreasing u} tna };tune arts are lotatly tnissttl by lice reeler, largely hceaust' creased between 1979 and 1.982. It then resumed its t,f a +l clutter," and tRal "rem lers:tre lot:tily iguorin}; 40'Y4 of at(ver- n increasing again tiserl narnrs." �4•r' "!'"yv- ocking !Zt•searvh !!ulster~ (aaiuts t +f Itus decline —only to begin in 198. ., �, N > (set. 218. tt)K: }, Smoking ; tteller Jttivrrtisi,t}; ('�ffcctivcness, + nrkrl itr�1 is still on the rise among S�veolisil teenagers, to the advertising n. Smokeless tobacco use h. 8; Alter, "ltew.trclt tun II r httwenx•nl Sic<xvs l•:rliturial i:nvinrn despite i ball- }ed between 1976 and ux:n} 1)n,or rlrfct:t Ad Kc:ulertihilr," +tilrr +l +rzir+cit!Ic• ()ct. I:)fi'L, Ir.'t'l. by teenagers nearly quadrup 11 1 repurtvil stud " lslucnc Kti`Yr t,f magazine re:ulers do 1 rcutewl,er weilig the averag( arlvrrtiu nit nl." (t�rilvy +A )11. tKr. Kn}+har Itrxtarch ,1+{vt rosin}; et lutirlrx x ►hot Work —:uni Ih,n'l tiVr„'k. I aro1,-41 I(rrsirp ICrv'r $ Ktutlul;t r''fhr tirq,rt•ntr• ('(111,1 slrcririr:tlly lets 11041 in Ik,t. t'ucnntt•rci:tl _ 41 Ki,npchi, ltintltel3, }t:trvune,t, Kahkoncn , ( 1 '" b?. t ctlr st h:ct ''o,k- g( , vvrmnvvl may nut restricl. •}rct r Ic, +,as i -' rmlrs b?. A+1o1r•.crtals' Ilt:ntllc 11u1rifs 1 r u 1. 14) the Milimml f !lout r1 of 11 W ay 0 27 Cl 10 c l admitted that cigarette advertising (toes not cause C' Cl Tliese. advertisements sinlilat•ly would not l)e a1i J`olgng people 1.0 start sntoking. Michael Pertschuk, «, effective means of brand differentiation. Individual the former Chairman of the Federal Trade Commis - cigarette brands are not necessarily distinguishable Sion, has stated that " jnjo one really pretends that oil the basis of objective characteristics that can be l __ advertising is a major determinant of smoking in this- µ "explained." Accordillgly, a cigarette manufacturer country orany other. " The Swedish Nationai Smok- must identify a distinct group of consumers who il)g and Health Association concluded in 1983 that _11 already Smoke, and then promote its brand effec- "the smoking habits of children are dependent on the tively with that grortp through the "personality" smoking habits of dheir parents." 3-moking Control created for the brand." As Professor Scott Wald has in .3- weden, P. 9 (1983). C explained: A tnajor crass - country survey by researchers for "An advertiser attempting to promote a brand the World Health prganization recently found "no that is not objectively distinguishable from o ther systematic differences" between the smoking habits brands ' ` *aims to promote his brand with par- of young people in countries where tobacco advertis- _ titular groups of consurners by &-lying, in effect, ing is completely banned and in countries where it ) 'if you are this kind of consumer, Brand X is for is not. Another international survey demonstrates YOU; if you are that kind of a consumer, Brand Y that the incidence of smoking among young people t is for you.' `Che advertiser, in other words, chooses bears no relation to the extent of advertising restric- Lh a particul co n sumer gr OUp at which to all' his tions in the particular country. In several countries message and tailors his message in a way that will strike a responsive chor(t with that group. People ss Tolneeo Issues, i of 1'olilics, Harvard University, April in our society cluster in 'taste cultures, and it is 27, 1983, Tr. 8 -9. 0 " d, Wald, Kanuas & itin� #''elii, "Health itehaviour in Schad• at these groupings that advertisers direct their Aar children. A WHO Cross - National Survey" (May 198G), S {1 } Health messages." is Ptwtaotion. p. 32. to rviluce the .Mull poput:ttion ' ' to reading; only what is fit for 41 lnt'i Advertising Assn, w Do.lueenUes Sluri Smoking? {3. rbiktlmu." Nnf r v. YututRs 1)t u!l Prrr(luct (;rrYlt., Ati:l U.S. 1i0, 73 iloddewyn ed. 1986). In Norway, fur example, 1 i years after a total adveriisuig; han was imposed, the proportion of 7-t.5 ycar•otds who smoke regularly 03 percent) was nearly twice ag high as in Spain 11 See Phillips, x gwlt note. 1 5, p. 18. (7 SMrcent). where only minor advertising; restrictions were in effect, r A ttry t l.ixing 9 (,Aaeru 1'rr„ lutds: lletwituls fttfare the subeanum. anti more than jour times as high as in f [ong Kung; {3 percent }, where urt health. ntttl the 1%ztuirutttnt•0 of Me lltntae Comm. on Energy rLM1 nu advertising; controk existed. Id. I t!). 1n Norway, 36 percent of f;urnmerce, 9!)Ut gong., 211 less. GO (1086) (" 19813) Ilearing;s ")icila- all m year -ol+ls smoked in vi:i6, wlrile in Spain the Figure was 27 till,, omitted). sr'e t'. Krrtler, rllarkv Oly tlrottrtyeftlent (5th ed. 1:13-1); percent anti in lion}; Kong; the figure was I 1 percent. 14L al 1 t. See .I. l;ng O. Il. V iorilltt 8t. M. t;ayley, Markel St•!ttttetttuliott () D. t9:16 Hearin, supra. at li•t'L Ia (aalement of Dr. 13odd� >wyn }; 1;1,47 Y:uikrlovirh, "`lew Gritcr'ta for Market Sgtmenlation," 11arvaref flrurin.ls, sulwo {sGttetnent of Dr. ll(Kldcwyu). /frr.iut:�. 1t' iru (hl:rrt•li -April 1111;•1); J. 1'lumnier. "Life Style � U7 Z n C1 2{i 1 The evidence also shows that the attractive images In short, it is the consumer who drape, the adver- Displayed in tobacco product advertising are not tisement —not the other way around. To reach par - accepted by youngsters as representing typical ticular consumer - audiences, advt'rtisers use niode4s smokers. Rather, children view the stereotypical who match pre - existing consumer categories." smoker as less educationally successful, less healthy Under If. R. 125011493, however, tailoring particular and "tougher" than the stereotypical nonsmolcer.�� brands to such distinct categories of the adult smok- CD In short, children report a distinct image of "the ing market would be imlx3ssible. The pseudo smoker," but it is hardly the flattering one that anti- advertising pet•nlitte(1 un(ler 11.1.. 1250/ t.193 would, tobacco advocates attribute to advertising. Children ill practice, be so ineffectual that it could not he Mn u are more likely to smoke when their own self -image sidered a meaningful form of communication. corresponds to the largely negalr:r;e stereotypical t ; . the it 1 Amendment T [tests on three Invalid Premises Abdul irnage that they have of smokers —a factor that cer- R1te First Atttcndmcnl - tainly cannot be traced to tobacco product advertis- n ing in general or to its supposedly seductive models, As discussed below, 1I.tt. 1250/ 1493 cannot satisfy scenery or other content. the test established in the Central Iltttlsv�t case for Even the most zealous antitobacco advocates have restrictions on commercial speech. The proponents i? of H.R. 1250/1.493 appear to believe that this test ; would be applied with reduced rigor because images ( Behavioral ttfedicine P. Firestone et al. eds. 1983), B. Bewley, J. Wand & It. Harris, , "Factors Associated with the Starting of in adve rtising are marginal from a First Amendment Cigarette Smoking by Primary School Children," 2813r•itixhJournt(ri standpoint alternative techniques of cornmuriication 0 + remain available and the vet - t 1 J71 . would Y effectiveness of Soci M ed icine, 37 u Preventive and Sv ( ) f ' See, e.g.. 1986 lleurings, snpru, at 712,16 (statement of Dr. images is SOMehow a justification for Suppressing Roger D. Blackwell, Professor of Marketing, Ohio State University}; them. Before addressing the Central Hudson test, 1,. Chassin, C. Presson, S. Sherman, E.Corty & it.01shaysky "Self we explain why each of these premises is incorrect. images and Cigarette Smoking in Adolescence,' 7 Person(di ly and Sarial P.Vcholvgy Bulletin, 670.76 (1+3131}; A. McKennell & J. Bynner, "Self-image and Smoking Behavior Among School Boys," 39 British Patterns: New Gm -ding (Winter 1911-1972); W. Smith, "froduct far Mass Communication Research," Journal of Educational Psychulogy, 27.39 (1969); J. Barton, L. Joctrual of Brvnrlr +tstng Chassin, C. Presson & S. Sherman, "Social image Factors as Moti• Differentiation and Market Segmentation as Alternative Marketing vators of Smoking Initiation in Early and Middle Adolescence," 53 itr legjes," Jaurnul (y arkeling(July 1956); A. Roherb% "Apply - Child Development, at 1199-1511 (1982 ). ing (he Stralrrry of Market S+tgntenl tiou," 13axinex:e t(arizomv Wall 19(;1). 77 See, a -g., 1986 lfearings, supra, at 712 -16 (statement of Dr. Blackwell ); L. Chassin el at., "Self - images and Cigarette Smoking "See At. Schudson, Ilcln-dixiug, The Uurasy Persuasfon 183 in Adolescence, supra; .1. Barton etal "Saci:tl linage ["actors is ( 1986)(" Ilismoreaccurtleloolrecrve .thatcir�u(r ttesmokinK:tm++n} women Irtil to[+ a:co cominuties to advertise. to the female market than Motivators or smoking Initiatimtin Early and Middle tldulest ence'' a that :ulvcrtisinl; emoted Ow market. in the first. place." ). su pra. 12 25 c Cal f. Yisu:tE`t'echnigncs in AclvcrlisingAre Isntille to the gest that Fl(lvel•tising entices nonsmokers, yn itng � Same Degree of F irst Amendment Protection as Text people in particular, into becoming smokers. It follows, therefore ' that there can be no evidence In 7,tL'tccZr,�•cr V. 091 irt; of f I)isc rtj.�tt.ntt)7/ Counsel, 471 U.S. 626 (1985), the Supreme Court stated that "[t)Ile showing that a ban on advertising would result in use of illustrations or pictures in advertisements reduced tobacco consumption and fewer new serves important communicative functions:. it smokers. 33 taltracts the attention of the wtdie= to the adver- Reps. Luken and Synar have suggested that attrac- tisr ^r's 7rtestiage, and it may also serve to impart in- tive visual imagery influences children, in particular, c formation directly." Id. at 6 (emphasis added). For to start smoking. Again, the evidence is directly to this reason, the Court stated, "commercial illustra the contrary. As the director of NIII's National In- bons are entitled to the first Amendment protec stitute of Child Health and human Development tions afforded verba[ commercial speech: restrictions testified in 1333, "[t]he most forceful determinants M on the use of visual media of expression in advertis- of smoking [by young people] are parents, peers, and older siblings. " This is confirmed by statistical ing must survive scrutiny under the Central Iludsart research demonstrating that children's attitudes _ test. Mint_ smoking are developed primarily through towards sm g p p , Using this analysis, the Court in ZaYulm - er struck their experiences with parents, other falnlly C l down a rule prohibiting illustrations in advertise- members and peers. merits by attorneys. It rejected the argument that the government "may prohibit the use of pictures or Warnherg, Ban on Advertising— What'rhen ?," Proceedings illustrations in connection with advertising of arty O? eon Smukiyzg and Health, " vol. 2,1).85 product or service simply on the strength of the (1975). See also Hamilton, "T Effects of Cigarette Advertising general argument that the visual content of adver- BansonCigaretteConsumption, "irl.at8 Dr. Hamilton explained ,_! that cigarette advertising is "a competitive weapon ' anti "has not tisements ma under some circumstances, be decep- been used as a means for exlxtnding [thel market." Id. at 834 -31. tive or manipulative * " 471 U.S. at 6 49. "[Blroad - Smoking Prevention lsducutron stet_ Ilearings vu R.R. 1324 prophylactie rules," it Said, "play not be so lightly uy4v — e the S u" mm. tmfr ealthandE nvironmentoflheLlou$e.Goinnt. justified if the protections afforded commercial o il t, iierr�fan4( comrrce, 98UtCong .,lstSess. of Dr. Mortimer It. uWaL). Sce arso S. Ward. D. NVackman & B. speech are to retain their force -" Ibid.20 Wart.:lla, How Child Lvurn To Buy (1979), 086 1fe+:rings, supra. at 682-83 ( of I)r. Ward}; 19smearituis, supra (statement 2 -me Court added: of Dr. Ward). "We are nett. leer -maded that identifying; deceptive or 'I See, e.g., A. McAlister, J. Krosuick & M. Milburn, "causes of manilnrlalivt uses ul' visual nte+li:t in advertising is A) ilttrin�i- Adoleu-ent (:il;arettt+ Scnokirtg: 'Peals of a Structural Equation cally burdensome that lire State is cotitivd to forl;o that Lusk Model, •17 S)4•ial 1'..11+,hnlugy Quarterly. 24 -:16 (1984); 11, Flay, J. in favor + +f the more convenient, but. far more restrictive allern- d'Avernas, J. Best, M. Kers & K. Ryan, " cgg;arette Smoking: Why live of a blanket. ban on the list- of illustratinns." lbr�l. - Young People I ?u it :toil Ways of Preventing It," in Pediatric M L�l II f _� . C.1 2 r l � l u Similarly, in I�Ittex v.. rr�c� J�rr ?•, X1.3;3 t1.;i. 3 tL, > Wrig statccI in 1971: "While cigarette a(lver- (1977), the G()urt rejected tl,e <11V1111 �ir 11,11 1i t �Md Judge Wrigt , Heys cr)ulcl 1 limited to a(lvct Lisilig L tising is apparently quite effective In inclttcitl); k)rantl <ld(lresses in I)lle)ne l)a()ks: "[r1�n adVE'I'tlsltlg dicL loyalty, it seems to have little ilillr<tcL alt whether peu' ke. "'x limited to such sl)<'<rL�ln are wottl(l provi(le scant ple in fact srno 3(iti -fi7. In B01(J�rr• v. Y{rttr?ys T� the Surgeon General observed nourishment." M. at ; t h e (,curt art .S. tit} {1� }8�3), late re �i;i U late Products • ?. 1 11111iS p �ltS StUEI 3Vall' ,�)•)'2t( � {)? J , that "[t)liere is no scientifically rlgorc y p ublic Lliat provide a definitive answer rejected alt ar gument V fill a)nsuincrsilt� ti) } to t to the 1 g and p ro- tionally 1)e forced to to the basic question whether advertisi ?1 p � them. It recognized the rigitt of sellers i.o use adver iilotion increase the level of tobacco, consurnl)Lioii." Heur'tJa Gvrise(lu�tues of S7110ki�try: �5 tising tools that reach ctclt�iser S e hl.tt c ti } ?' IZeduc:i ?ag the 1989 As the a Oil sate with potc.nttal I)u Yew's of Pror�ress 512 { �• Task Farce And in SJa(cperu V. Krrtt2c <'k'y 13ct ?• �15s'•rt, 11)8 S. CL. 7 Smoking reported to the advertis ig are t1 o"91 t to 191 G {1988), the Court held that a state "may clt ►inl in 1982, "mass media an nces on smoking" but "[ii]o PeC' no substantial interest it, Ltv ls least likely be significant influe noiideeeptive lawyer sohc suasive empirical evidence exists." > ?rt 1�4t19$2) ( to be read by the recipient." Id. at 19` 11. (; Hea.1th in O?tturio:11 Need for• Balance, }� l Kar in original)• As early as 19`r?5, 2. visual Techniques (annul Be prahit,ited tZeca e (enipilasi Alternative hicatta o(Conui)unication Would Continue W!rnberg advised the 3rd World Confer fence an te Al Ile Allowed Smoking and health: support �t there is no evidence to Pl The Supreme Court repeatedly has rej� cted ummarize, ns on commercial speech 'Fos would have 'a is that restrictio in m en dvertis g ar u l etical the view that a ban on a empirical g the availability of liypot i positive effect on smoking habits, No emp niay be justified by research has been able to show that aggregate alternative avenues of communication that would, in res to sug- � >ractice, In L.imnark Associates, Inc- v. brand advertising leads ttligreater total tobacco be ineffective. t r been founil cansumption. Nor has any f, 7'o ?vn rIe ip +�/ bViLt- irlgbo ?•o, 431 U.S. 85 (1977), for example, the Court Sale" Paxalion:)ndtlrlvcr itivaliclated a B. l;altagi & D- prohibition oil residential "F or [,evin, „1:stimatinK l)yt)am;j I ?ernand for ow Adttes ` :� r11 using Panel Gaut:` 11 �(lectsof an d "Sold" si9l's. `r1 Gourt note tha � g ng Reconsi<lereil,' The Ker.iejL'r of lit the ti l nrlr(,ig+crentrtf �rrt�`urrtp ory sellers reni•lili fl tisi ee to c :mplc)y a, number of Ld8 l�>C> (19KIi }; hf. Watcrsun, pit different alternatives, I1t practice * [ {[lie c)ptions tion (1983). to which sellers realistically are relegated" would he 'td V. sup p- Cir1'L, ri88 az (: !3 t•r.Htticrc•riny f; V. ;4Fifr.Gelr• � 1 rill +l 7rH ttr., ('. }!rt l} {tltrce•jtl!ti,e c xrri.j { rlis,entin ). ,�,:, ,,lcE:1y to reach 1)e rtions not, deliberately se(r c- 0 1111r, ti.s. 10110 11 c 23 , C!1 0 ing sates in formation" and would be "less effective 2. 11.1t. 1251111993 Would Not Reduce Dewand for .1 media for co Lite mes sage." Id, -.at 9,3 'Tobacco Products LL (e mphasis add ed). Likewise, in Bulger, the Court 1I.R. 1250/1493 would riot "directly advance" the G-1 invalidated a ban on unsoliciLed mail advertisements goal asserted by Representatives Luken and Synar r i for contraceptives. It rejected the argument that the to reduce tobacco use by young people. s' ban was permissible because it left open the possibil- The Supreme Court carefully scrutinizes the _n ity of mailing advertisements to persons who affirma- asserted link between restrictions on commercial Lively requested them. here, as in Linn ark, the spec,�ch and the proffered governmental interest, and alternatives not foreclosed by the propose(] restric- in the past it typically has found that link wanting. Lions are fear from satisfactory. 131 U.S. at 93' Par from deferring to legislative determinations in :3. The "t feet iveness" of Visual Techniques in Adver- this area, courts "review with special care regula- �+ tis;ng Cannot Justify the Proposed R estrictions tions that entirely suppress commercial speech in =, Ill case after case, the Supreme Court has made order to pursue a nonspeech- related policy. "" clear that a speaker may not be burdened because The available evidence demonstrates that restric- ; his expression is too "effective." tions on tobacco product advertising.do not reduce demand for tobacco products. As noted, such adver- In Kirigsl <�� Intl I icticres Gw71. v. Regents, 360 �Tt tising is not intended to, and does not, persuade lion- 1 ,, U.S. 684 (1 New York attempted to justify the J :h �, smokers to smoke. Instead, it promotes interbrand r. a suppression of motion picture, Lady Chatterley s '-El Lover," on the ground that it "attractively" por- competition for persons who have decided for other reasons to become smokers. H.R. 1250/1193 thus trayed adultery — which was not only immoral but -+ � against the law. Rejecting that justification, the would interfere gratuitously with competition, o he number of Supreme Court observed that New York's argu- without significantly affecting t smokers or their demand for tobacco products . As meat — " m isconceives what it is that the Constitution pro- z9 F.'.y., L 431 U.S. at 50 rt.7 (no "definite connection" tee s. I guarantee is not confined to t expres- IwLween restrictions and goventntental interest had been shown); sion of ideas that are conventional or shared by a B olger. '163 U.S. at 7:3. * * CecTtlYrt! tfallsurt, 9.1 I U.S. ;tl 566 11.9; uce trtso, e.g., Cllg r f Lus majority. And in the realm of ideas it protects ,ITT, -:� v. I' CuTtttltltrticflL21T1t -Y, Inc.. 476 u.s. 488 (1986). expression which is eloquent no less than that S 1f amiEton, "Tits Uentaml rorC[garetles: Advertising; the which is unconvincing." 360 U.S. at 689. health :heart, and the Ci�nrelte Advertising; Ban," The R emt! )AT of Similarly, in Cct. ay v. Prpu ltt ticna S eraic - es Intl, x 131 - t:'r•orrruninx aTrd Stulistirs, Vol. 64.,A 1 0972 It. Schntalemwe, The 1 wit if rj �lr redistnrl (1972); I.. Schneider, B. Klein & K. U.S. 678 { 1x}77) —a com m ercial S case—die Murphy. " Covernmertlal Reg,-tdation or Cigarette I lealth Informa- Court overturned a state ban On ColltraceptivE'. - lion," Thr.lr,+trwrrl r f Lapp rrrrrl l;rrrrrurrril:ti, vnl_ 2!1, at 575-612 (1981); I L n 1 �► 1 22 ,P No advertising could be less "deceptive" than advertising, rejecting N(!w York's :trgunlent that ,rti8iIl required to carry );OVel•nrnellt-rllitn(l;tte(I zmch advertlsll19 t'13tllll be ha11nE!11 l)l'tiautie It "lel; lt.l - FldVi' IrlesSages such as those re(luit•ed it' tobacco prodlt(;t I,lizes" illicit sexual beh avior. Irl. :tt 7,11. 1�J advertising. es es 8 As the Ninth Circuit ruled ill an opinion Likewise, ill Ir'ir5f NaO Rank V. Hellot.ti, =135 U.S. V1 by Judge tlntl,ony M. Kennedy, "there is no deceEr 71,5(1!}78), the Court struck El(nvn <> Massachusetts ,n tion unless the public holds a belief c()ntrary to statute prohibiting corporate advocacy in referendum material facts riot disclosed." I "1'(.' v.. Sime u. M assachusetts had at tem p t ed t ll jWAily d'lct:nagalneut C07 -p., 532 F.2d 708, 716 (9th C ir. 1976) its ban on the ground that corporate political advo- , r ' al knowl- ' r prove too effective. — I , () I)e 5u1'e, the �. Vlrtllall 11111YE,r� Cat rill lit t) L- (enlphasis added). T here Is Y Y � E tile edge of the health claims that have been made with C()ul•t said, "coriu)1 ate advel•tisnlg rn:ty nll1uE,nCe respect to tobacco products. According to the outcome of the vote; this would be its purpose. But 'r•suade the electorate = s. h � ••t • r)t:i 1, sev enth advocacy ev • t advot reach s that Y I Surgeon General, l)y tine tune they re c, thE, tact Y grade, the vast majority of children believe smoking is Hardly it reason to sul)peess it." 435 [1.S. at 790. , Is dangerous to one health. "" ' `I'l,e Court later invalidated, on simila groun a r•_i It is plain, tile,,, that the visual components of cut-- Berkeley ordinance limiting; contribute >ns t6 C01117 r. 1 rent tobacco pro advertising —from bold abstract l,littees formed t() support or uI)lx >seaballot �5 art Cl I cures ---:t limitation justifie(.l by the city ' ' y ' ► s and vivid slogans to attractive models in •. , groups from exertin g designs • � ) t�tl interest g vent s c.c b l i nherently to prev 1 Y • . — cannon; be considere I y , ettirl , > • it�izeras attractive s gs , ' ov E,IE,t.tion outE:omes. G deceptive or misleading. Because it 1250/1493 lnordnl�t i n Lilucncc. would prohibit protected speech, it must survive ttgrtirast Rent t�nrrtr•nrr v. tit;t� n /'1�1;)•lreler�, 454 U.S. o '299, 2J5, 2tl$ (1(Jf31). scrutiny Under the last two prongs of the Central I Hudson test. It cannot do so. n slu)rt, the First Amendment protects not just advocacy E)ut "effective advocacy." [it. at 295 Y ) E tlotbi Y NAAGI v. Atc>:ba -m cx •)•(4, Patterson, 35 xaStunkiltr�n)u!llvutth: )1 RrI)elrl oJtke u)! irL arll, 17 -1 I8 8 ( � l S. 449 460 (1958)). See '&M SIM -)e)•0 V. Kentucky (1973). According ".o a I! n survey of 2,63'J IN>ys and girls ageel l2 cortiducte+l by the National Institute of E;duca"ion, over 3G percent Rat Ass'rt, E QS S. Ct. I cJlf�, 1 9`L 1 (1388) ( "the first of those: questioned said they believed "hat "smAFig is harmful to A mend ttlent does not permit it I MLI on certain speech health." Chilton Research Services, 7Lenttye 8 1r11111r.(fiale Simply because it is tilor ef ficient"). dent "). and Lany Term Frlt M3, pp. 18-19 (National Institute o f E tlucati<on, llep't of H ealth and Ilurnan Services, 137!). of 8!35 children and �;.'rhe Invalidity of H.R. 125011.19:1 Under the First adolescents questioned in a sullsetluenL survey, over 98 percent s:uil ,lmendmcul they believed sn)oking is harmful awl "accurately rl:unetl nne or more � 1wily Parts thatare adversely :rffectmibysmoking." Leventhal, 11., ,111'A IaA Term, the SI"l)relile C;otlt•t reaffirmed the � Glynn, K., e Ki. Flemming, R. "Is the smoking ,leci,iun an 'infornred IE'ssrin" Ot its decislolls "that the COvern r 3 c11,1iceT''25 .1. 11111. 1lfediCUf tt1ts'1i 33 73 -76 (1937). 0 is 21 rrtertt may not pr ohibit expression simply because it argument that advertisements identifying alcoholic disagree with Its message." Texas v. Jolarrson, 57 beverages with the "good life" are misleading: U.S.L.W. 4770, 4775 (U.S. June 20, 1989). The Court stated: "Nearly all advertising associates the promoted pro duct with a positive or alluring lifestyle or "If there is a bedrock principle underlying the famous or beautiful people. Our policy is to leave First Amendment, it is that the Government may it to the public to cope for themselves with Madison not prohibit the expression of an idea simply Avenue panache and hard sells." 718 F.2d at 743. because society finds the idea itself offensive or dis<rgreeal�le." Id. at 4774. Similarly in Oklahoma Telecasters Ass's v. Crisp, 699 I'.2d 1190 (10th Cir- 1983), reu'cl an other grr u-nd% The Court has never held this principle inapplicable 467 U.S. 691(1984), another federal court of appeals in the commercial speech context. To the contrary, noted th almost all advertising tends to "project the Court has ruled that commercial speech may not an image of (those who buy the advertised product] be banned to keep people from acting in ways the as successful, fun- loving people." 699 F.2d at 500 n.9. government considers unwise. E.g., Li n Asso -- But the court held that such advertising is not on this ( °iates, lite., 431 U.S. at 96 -97. account inherently misleading and thereby deprived Since 1976, when it recognized that commercial of First Amendment protection. Ibid. speech is protected by the First Amendment, the The court in Dunagi ?t also explained that the mere Supreme Court has invalidated numerous content- fact that certain advertising may not be acceptable rased restrictions on truthful speech proposing for children cannot justify restrictions on advertis- lawful commercial transactions.Z In no case since ing direct(.() to adults. 718 F,2d at 743. In reaching this conclusion, the court of appeals relied on the 2 ' h,.!f. Virginia SRtic !](hull of Pharntat.'y V. Virginia Cilizout Supreme Court decision in Y(1taigs D ?•ug P9'flducls, ('nnsunter Cmincil, i r .., 425 U.S. 748 0 W (price advertising by where the Court stated that " the government may pharnmckts); l.0 mark Assewitiles. Ine. v. Township of IV'illintlbonk, I 4 ot 'reduce the adult population " ` ` to reading only :! U.S. U.S. til (1977) (reside)16.11 "For s ale " "Sold" signs); Curet what is fit for children. "' 4fi3 U_S. at 73 (quoting v, 1'opalathin Servirt U.S.678(1tJ77)(advertis- inl,' ants display (if contraceptivrs); 11(tlex v. S late Bar. , 133 u.s. 35a !`3 v. Hiehigctrl, 352 U.S. 380, 383 (1957) (in- (I177) (advertising by lawyers }, (:ertrlr(t! IIatl:nrn G4m& 1','leetri,: Corp. validating a statute that prohibited reacting materials v. PS 44 11. 557 W)") ( advertising by electric utilities) In rte deemed inappropriate for children)). R.,11_J.. 455 U.S. IN 0982) (advertisinrf by lawyers); notger v. Youngs Vngl Prtrluelx (nrp., wt:! I I.S. till (198.3) (unsuliciLed rrt.ril advertisements for contraceptive , ;); lauderer v. Wire of Diseipli- 27 Sets odmi eldverl.' ing 7i,lnrceo Pruttaels: lleaj nn 11. R. I.V2 nut y (,'trunxrl. 471 U.S. QN, (19;3rNadvertising by lawyers); Shuperu Will H.R. 1535 tufore the Sttbram m. on Health and the Enveronmeut v. lft•rtlur•kgll�u Axn'tr l utt 5.('1, I!r lAi (t!r$8)((:f.l+'riedtrtutt tY' die ] om. ;r. Comm, o nlSnergy and Corrtmeree, INthCong., lstsess. . lingrrx" •I 10 t1.S. I (I!►7!)) (trr,luritlin} statute prnitihitinr; use of (1987 llearinrn;) (testimony of Professor Hurt Neuhante, Ne.w York University Law Sc•btr)l). f I C•1 17 za rLi the. same token, tobacco product advertising —arld, 1976 has the Court "ap(lroved a l)]an{ct t ')all on cilrrl in particular, the images and slogans th;.tt would be nlereial speech unless the expression itself was prohibited by fi.1t. 1250!1493 —is nvt inherently rnis flawed in some way, either because it w;ls deceptive leading. Portraying attractive people as smokers is or related to unlawful activity." ( "ell r rrr ll tuitir)1t, r(ri`! not misleading —many such people do smoke. And U.S. at 566 11.9. portraying smoking a particular brand as pleasurable Commercial speech serves two furld<1lnent<11 values. is not misleading—smoking -is pleasurable for people First, our society does not t o l e rate, government i b ratio llnl r iilfor- attem Its to matl , ipulat� be h�1v of y t, who smoke. } _ 1� `fire Supreme Court and lower federal courts have Illation. Whether the speech is colnnlercl;tl or n ct n consistently rejected arguments that advertising may commercial, the First tlr11et1cln1erltcoIldemns pater- be restricted because the public is so naive that it nalistic efforts by government to allvarlce our wclfartl z b keeping us in the dark. "Out' whole constitutional _>_ might be misled by the stock -in -trade of Madison. heritage repels at the thought of giving; government le r, Avenue. In Babes, for example, the Court re fife power to control melt fused to � s minds. " � [arllc v ` p � 5 accept the proposition that the public "is not sophis- r r c Georgia, 394 U.S. 507, 5G.) (1)(i,3). rf� ticated enough to realize the }imitations of advertis- ec, S > d , i' n in addition to advancing this political value, ing." 433 U.S. at 374-75. Similarly, In Ztatadere? the Court described the argument that illustrations may commercial speech furthers eccl'11um(c o()jectives. It ; "illforin[sl the public of the availability, nature, and have a misleading subconscious effect on the viewer r ices of products and services, and thus performs as based on "little more than unsupported asser- z11 indispensable role in the allocation of resources tions." X171 U.S. at 648 ?6 in a free enterprise system- The Supreme Court In Danagin v. City of Oxfo? 718 F.2d 738 (5th has stated that "tile free flow of commercial infor Cir.) (en bane), cent. denied, 467 U.S. 1259 (1984), Illation is indispensable" to our "predominantly free a federal court of appeals squarely rejected the enterprise economy. "Z' trade nanres by optometrists; trade names had been shown Lo lK sd 11.1t. 125011493's proposed ban on tnbai:co product "promo- deceptive and served no communicative purpose); Sari Pr+rnriuo lion" —event sponsorship aml the use of tobacco product trademarks Ar & Athletie;i, Ine. Y. (1S(X,, -183 11.8. f122 (1987} (upholding on nontobacco products —is erased eutirvly on "unsupported asser- statute applietl to limit use of trade name to one organization+ }. tions "with respect to its vffeets. The apparent of (his latter " also vil•yirrirr Side Board . I*Phrrr•rnr ly, 425 U.S. ;It 7W prohibition is that the use of a tobacco praluct trade name or trade- ("[t is prec;iscly this kirul oC choiec, between the rLuil;er of snt,l'r +'�s mark to sell a nonwimcco product is an inrhrera means of advertis- ing inf+rrroation• nerd Cite rt:url;crs if its misuse if it is freely avail;thlr•, ing or Inn the Lobacco protlueL, rather than a mc:urs of ilrtl Lim v irst Amendment tnakcs for exploiling, a trade name or trademark that has IKl Onre valuable in a� l;rrtrx. •1 U.S. aL 3ti r connection will) the marketing of one pralucl (Lie tobacco pre„luct) t. -12 ll -ti. al 71;5. I another (the ntmlobacCO product). �' l'ir�tirrin Stnlr loo +rro! +,J !'Iru +'rurrrry. 0 18 1g J Ill order t0 protect these core VaInCS, the Court Ill 1. Tobacco Nroduct Advertising (s Protected Speech r Ci:ltf.rad Ifilds( »t adopted <t strinl;ent four-part test `l'obacc0 advertising plainly concerns a lawful lr for scrutinizing; restrictions oil commercial speech: activity (unlike, for example, casino gambling or pros- "At the outset, we must determine whether the titution, which in most jurisdictions is uniativful ). By expression is protected by the First Amendment. in f +luiry +vhen First Anten+bncnt rights are at stake: ' Suhle (,'omntuni- 1''or commercial speech to corne within that provi � cn lionx of Crili�f ir)7t in, lnc. v. PVC, a7 U.S.L. W. 49'20, 492 tU.5. June 3 lion, it at least must concern lawful activity and 20, 1!18!1) (cjLn(ion omitted). not be misleading. Next, we ask Whether the The Court in ma..outlincrl aconunonsenseapproach for applying 0 aSSel'te(t governmental n1teCESt,IS SU1JStantl<II. It the "four0i prong" of the central limbum test for assessing restric% both inq uiries yield positive answers, We must lions on c spccch.'l'haE prong; of the test,:tsnoted, specifies that restrictions oi►comniereial spe(.wtt nl:►y lre "not tnore extensive determine whether the regulation directly 3 than necessary ' to serve the asserted governmental interest..'rhe advances the governmental interest asserted, and Court in F'ox rejected an extreme interpretation of this prong of tite m whether it is not more extensive than is necessary Central 11udson test —an interpretation that, as a practical matter, „ would make it all but impt)mible for restrictions on commercial speed+ to serve that interest. 447 U.S. at 566. to survive review. ASSUming for p urposes of this d isc uss ion that H.R. Thus, the Court indicated in F'rrx that it would not require the C) 1'250 / 1493 is meant to serve a substantial govern- government to demonstrate th a particular restriction on cotniner- IQ mental interest the bill is invalid under the Central cial speech is "absolutely (he buza sevore" means of achieving the tm r desired end- 57 U.S.L.W. at 50t& The government, in the Court's , ftllclscrn test because the speech i n question is cl phrase, need not prove that there is "no conceivable allernatise" l,t rT) LT) protected; the restrictions at issue are unlikely to a challenged restriction.'rhe Court made clear that it won[([ not in- achieve their stated purpose; and the restrictions are va ii(late a restriction simply hc,,use tite restriction goes "nuzrrrinrtlly not a "narrowly tailored" means of promoting that befcmd" what would adequately have served the governmental in- terest_ Ibid 0 purpose. glut, while thus a[for(Iing the government "needed leeway" to regulate commercial speech in this regard, the Court. emphasire(l. 25 'I'he C:m in last Tern reafftrined that, to survive First Amend- that its test was not meant to be "overly permissive." The Court nient scrutiny, any restriction nn commercial speech must "directly stressed that its test for restrictions on commercial speech "is far advance" lhr Iovernment interest said to justify.the restriction and different " from the 'rational basis' test used for Fourteenth must he a "narrowly t:tilipmtl" ineans of promoting that interest. Amendment equal protection analysis." 47 U.S.L.W. at 5018.71te 11oord n /'TrivOer -s rY lh(! Mello Univenrily of New York v. Frrx, 57 Ct)urtalso(listintntislted the "narrow tailoring" requirententin i {te (I S L W SOiC) 5017, 501811I.S..lune27, 1389). The Court emplia- commercial speech front the "narrow tailoring" requirement in the sized that the governnwtnl lwar.; the burilen of justifying llie restric context of time, place anti manner restrictions. Ibvl. tiou. let. at 5018. The Court atideil that, to justify a restriction on commercial speech 1'he Court also made clear, in another First Amendment decision as "narrowly tailored," the government also must demonstrate that 441 term, that it will not aAmnatieally defer to a legislative "find- the challenged restriction does not pursue the asserttxl governmental int;" that the Ine;u)s chasCn:tre required to achieve the governmenCs interest "at inonlinate cost," which the Court emplrtsized must be purposes. "Ik,ferenc( to 1cl;islalive finding cminol limit judicial "carefully calculated." Ibi,l. November "JSC+, 19 93 The Honorable Mayor Paulson City Council Members City of Brooklyn Center I ask that you take the time to read this opposition letter concerning Ms. Weigums proposed ordinance. This is not a spontaneous, grassroots ordinance to ban advertising for certain products, but a feeble attempt at "mob rule ".This is not the first time Ms. Weigum has attempted to use children as "cannon fodder" to promote her own social agenda. In Roseville, she attempted to use a boy scout troop for sting operations, trying to get a minimum wage clerk arrested for selling tobacco to minors. Please find enclosed letter from Boy Scouts of America's Director, Mr. Winston, who put Ms. Weigum in her place. Ms.Weigum has gone from community to community trying to influence mayors and council members with the 5.4 million dollars of 501 C3 charitable funds from which she receives a handsome salary. She is a professional "hired gun ", who, I believe would sell the Ist Amendment to the first taker. I have studied these anti - smokers for 5 years and have much information I can share with you. Ms. Weigum failed in Brooklyn Park in her attempt to get all loose cigarette packs hidden from the. view of the public. She did not appear to mind that many retail store managers were inconvenienced in having to take time to testify at city council meetings to explain extreme measures they had already taken to avoid sales to minors. At these same meetings it was found that not one retailer in Brooklyn Park was cited for selling tobacco to minors. have questioned my children and grandchildren about the influence 'of "Joe Camel ". I asked them " Would you be so impressed by this picture of a camel that it would influence you to steal cr attempt to buy cigarettes just to be "cool "? They were insulted by my question and felt themselves to be more intelligent than this suggested. Smoking will stop by attrition only. By teaching our children right from wrong, while leaving in place our constitution that was paid for with blood, not money and righteous indignation. Please take time to consider the following: - If advertising and point -of- purchase information is the true culprit for youth smoking, then why hasn't the prob!em of youth smoking been solved in the handful of communities with point -of- purchase restrictions. Then perhaps 211 ads for unhealthly products should be banned. - Possibly the auto industry should be blamed for advertising fast, sleek cars and have the responsibility for someone who drives without a license or exceeds posted speed limits. - Should we ban Ronald McDonald and hamburger ads because the fat content of some foods is deemed unhealthy by some groups? - Does Brooklyn Center want to be the first community in the nation to be so intolerant that it is willing to suspend the First Amendment and Free Speech? - is Brooklyn Center willing o assume the legal costs of 211 the g g expected legal challenges that undoubtedly will follow.... and assume Brooklyn Center taxpayers are willing to foot the legal bills for years of court challenges? (See enclosed legal opinion from Covington & Burling). Your sincerity on this issue will certainly reflect on our future. Res ectfully, Archie Anderson Smokers' Rights of Minnesota 9931 N.W. Larch Street Coon Rapids, MN 55433 b u - r b r SAINT PAUL PIONEER PRESS m aads y Characters deemed aimed at kids wouldn't appear in Brooklyn Center_ SATURDAY, NOVEMBER 27, 1993 i i TOM MA JESKI STAFF WRITER B rooklyn Center next month could be- come the first city in the nation to snuff out the Marlboro man Joe Camel and the `J Virginia Slims ladies in many stores. Officials from the city of 29,000 are con vinced that those suave images were creat ed by- tobacco companies to entice teen -agers to smoke. So at the Dec. 6 coun- cil meeting, they will discuss a proposal that would prohibit retailers who sell to- r bacco products from displaying such ad- ` vertisements in their stores. As far as officials can determine, Brook- Joe Camel lyn Center would become the first city in the nation to ban tobacco ads in retail establishments. If it is not the first in the nation, then surely it would be the first in the state, says David Johnson, a spokesman for the Association for Nonsmokers - Minnesota. "We're pretty excited about it," said Mayor Todd Paulson, a strong supporter of the measure. i STOKING A veteran in the war against tobacco companies, Brooklyn Center already has ordinances designed to discourage minors T CONTINUED FROM 1D from purchasing cigarettes from vending machines, and city officials continue to work with -various groups on ways to for review and the issue was . further restrict sales of tobacco products to youngsters, Paulson said. placed on the Dec. 6 agenda, he "I think it's a strong move to show national leadership on an said. issue as important as the health of our children," Paulson said. I Although Chamber officials "Tobacco companies have concocted this camel character to get have no�et g e city afar- kids hooked on their product so they can replace those who are mal reaction, couuncil ntil members ap- dying from their addiction." pear to be very interested, in the .Because ordinances require two readings, the earliest the ordinance, Splinter said. proposal could be adopted would be Dec. 20. Paulson said groups in the cam- The ordinance was written by Jeanne Weigum, president of munity already are circulating pe- the Association for Nonsmokers - Minnesota, and later modified titions supporting the ordinance. by Brooklyn Center officials. And if Paulson has anything to Johnson said the ordinance would permit only "tombstone say about it, the Dec. 6 council advertising" — simple representation of the name of the prod - meeting could be crowded. Four uct and the price in black. text on white background with no days before the meeting, the may - graphics or will 'discuss the ordinance with LeFevere said the ordinance would not allow retailers to students from Evergreen Elemen- display "non- factual information, pictures, logos, cartoon. char - tary School and invite them to at- acters or the like." tend the hearing and express their City manager Jerry Splinter said Weigum's organization first opinions. contacted the city about a possible ordinance. "N icotin e is a controlled, addic- When council members heard about it, they asked Splinter to tive substance ... and children prepare sample ordinances. Once a final draft was written, it should not be enticed into breaking was submitted to the Brooklyn Center Chamber of Commerce SMOKING CONTINUED ON 2D ► t.i l 1 , tU nd in2 foe Cities seek - �fudig for more stings by Amber Brennan If young kids who a thinking about using tobacco product.", could put the idea on ' pnuti" for just a few years. it could I mean a differ emce that would last a !ifetirne. I:hat's the philosophy a coalition of T. nfficiah from Shoreview, Roseville, and " White Bear Lake have formed with u,c Q' organization Association for ® `pnsmokers•%linnesota (ANSR) in the hopes of securing a S10,000 ,rant to 10-!hen enlorcem.nt on age -of -sale laws ( t� in & three cities. According to Jeanne weivum, r' president of A,`JSR, enforcing these laws is all imlrnt<tnt mca:ure because it could not only k eeping y a kid from smoking n y now: it could also pre%entthem from ever a s becoming a smoker. She said research, including: the stir - eon �cncrnl's report. J� indicates the average aQc of initiation is �tnrr+� 13 and that's what thev're tr to eliminate. ` �. "The average age of smrung is 13.' she stud. "If we can get kitL< throuch to r� ages 16 or 17, we've won the battle with a lot of them." r It may also save their lives. Weieum �+ added that the earlier someone starts smoking, the more likely they are to + develop smoking; - related diseases �w tx:cause m lungs are ore susceptible when - thev are not fully developed. C ; All three clues have pioneered rigid smoking ordinances reared toward curbing youth access and use of bosh cigarettes and smokeless tobacco: Shoreview was the first city in the nation to prohibit self -serve on multiple pack, of lubacco and the iirit in cite to suspend a tobacco license for 30 days for repeated sales to minors. Roseville was u 117 =r _ Ote second city in the nation to prohibit self - service on single packs of tobacco. and White Bear Lake was the first in the I X n..uon to prohibit all tobacco sates from vending machines. "Shoreview has been very progressive about passing these ordinances," said Shoreview City Council Member Sandy Martin. •'And it really doesn't make much z c, 9 sense if you don't enforce them. -his is a ' perfect opportunity to enforce those 'c w ordinances and make them count, otherwise we're wasted our ume." Martin said keeping young people from starting seems to be the most t Stings... Continued on Page 1S r f I sting cigarettes and smokeless tobacco. on alcohol." he added. "But it's r • . Roseville City Council Member probably just as deadly, if not Dean ,Maschka said they know �- that deadlier. It just t<z„es more time to just because a kid can't buy see it" Continued from Page 1 cigarettes in a store doesn't mean According? to Weigum, more than effective way toward fostering a they' ' smoke. But it will mLkc it two - thirds of the requested SI0.000 non- smoking population. more difficult for kids who are on the would go toward hiring someone "I personally care muk h more Mrdc:rline. who's primary responsibility would about trying to discourage t.•enagers You �'t kid vourseIf that if the be to do compliance checks, more from smoking than I do about k:d wants to smoke, thiy're not commonly known as "stints." restrictive measures for adults," she going to be able to get them," ANSR would work`with all three said. Iacchl:a said. "But if you can make cities to establish a consistent, it more difficult. the whim or the uniform protocol for conducting the Roseville has been woridng with fancy might pass. compliance checks. Then the hired an Explorer Scout troop in .'People don't put the same person would perform them and conducting compliance checks on seriousness on [tobacco] as they do report back to the corresponding city council. The council would then "It's exciting and fun from the of the ;rant is availabl,: to enforce it's own individual law's. : standpoint that its a two -way community coalitions for four Penalties in the cities range from project," said 'taschka. "It's a purposes: to eliminate envirorunentil suspending an establishment' p s .. _ moot ,. combination of u grant to actually do tobacco smoke, to reduce 'tobacco license for sellin tobacco for '0 m so ethin , and research to see if it advertising and r -� moti days or more to fines g p on, to reduce and other works. If you have consistent youth access and availability, and to sanctions. enforcement. will you have a decline increase costs for suppling or buying Roseville has a «reed to in smoking rates:'" tobacco. y coordinate the program by taking The money would come in ttre ANSR completed the grant responsibility for hiring and form of an ASSIST nrant, which is a application, and Weigum says she's supervising the empioyce and federal ( funded by the confident the project w• :1 be awarded administering the funds. Maschka American Cancer Society and the the grant. said the Univcrsity of Minnesota National Cancer Institute. Minnesota "I would say it's 90 percent sure indicated an interest in studying the was one of 17 states to receive them, we're going to get [the money]," she results of the project. which will lait and Ramsey County will be eligible said. "This [planl is exactly what two years. for 520,000. Wei (,um said a portion they said they wanted." BOY SCOUTS OF AMERICA National office 1325 West Walnut Hill lane P.O. Box 152079, Irving, Texas 75015.2079 214.580 -2000 July 23, 1393 Mr. Jack Little 1788 Danbury Rd. Claremort, CA 91711 -2506 Dear Mr. Little: Thank you for the information you have provided regarding inappropriate activities of an Explorer Post in Roseville, MN. The Boy Scouts 9 of America through the local council in tha area is looking into this matter and will take action to halt any activities that are in violation of Bay Scout policies. No other investigative action is required on your part. Again, thank you for your concern. cerely, Don Winston Director - Exploring DWlacc S�iyr 3Y;X8.rOX Teiecopie 7021 ;11 - -S� 61233i5a ;4_2 - - - - - -- Marsh 1Q, 19 A BAN C)lN OL Ty3(.)3R ClGI R +" r '. '�5 : WOUL ! VIOUIS U.S, CON577=10S AND A ban on cigarette advcrril- nd on yMbQazds i�r oth:r oetdQor nudia wouU violate the Fizsw Amcndz!nt r...6 we2 as the Squal P.oteat:Un cause of the Fou:tecat Amzndment. A smte or local bast of tll h uaM:.re ai5v wo be preempted by the pedera Cigarette LabeUng and Advertising Art, X. FIrst Amendment, Tht Supreme Court held za 1976 th he Fint Amendment s rot:c comraer,ial speech, Virginia Cam- 30g d 1��_17�ar *: acv V. V$iei C'itizC-55 ' mm �. Council. Inc. 42S US. 748., 752 (197;, Ia ad A.tiaa, the Court h s held u: t %G comram ci Speech contest that "the zovernm=t zra�+ pct `red�:c� the a:Iwt - p o elation * * * to roadie aniy whtat is fit for childre . "' ik r v, Y�1! Or-) En,,duot ,, 463 U.S. 60, (1983). To justifyrestrietiozs on ccm:nczgw, 3pe¢,ctt, thy Sovczr =exit must demo S= to that w`ie striW;lr zi -:rr� 1L�ect ;yr d e fcLavely d ;sue sut�sca»tiai gs��cxuz A z m:etest and is naffowly tailored 0 !tw inta�e$m & t 7 � � a J ; ir�� U 5. 557 (l9W� ; SGUs - US. 0 0 1 -5 ii98u)iV The'. is ao eviddace that banfIa outd .-or adywrtLaLng of oi' }tee would advance �I pmsuzlable pwrpoae of sued a ban — yedscirzg C:garette ad ;* C{$`n- z does ndt � v 7 sl !'he r 7�� >' ;ii.'�3fS t � S$'Ji+ 3T$3ii £�:.�..' :X' urn t 5 %. " 13117: ! . ).'� . '- ;1� Cfl• 478 U.S, 323 (19ft). .rl •f\�i��� iCS4�vYN'.Vr 1 �v41 i� 1�J "J� .�.:'�i} v i��' �'�� "� .. t make people start -Mrjkfilr and balLufr?g jgae.tte rZ"vwrsl5ing wcnld not makc # icni stop, Nearly a demc d : ag:), &Iicha l the former c ail run of tl;e Federal 'S" ;3. CLmmissioa vlho _q4 hwips dizect ,_hc azt1s yoking lobby, atamd. "No one really pr:.t'ftdg that adverijszng s a =qJor { cc z�-, Tit ct of 5i jo king in this country or my - other." A5 rite P Cour;ciz of lElcotzom Advjwrls has stated: "?here is li ttle ! advert: ;l n?2c;nlyshi �scunsa_ =viers ma brsird:; s� tje Chair== Ft�,da.rdl 1"`rad commission made; the ame pofn; fn tr,5dmeny bcfwe. r ;14bcommmirzu of thW- Houma of Rt .trwatatives in Apr? 19WI i Formez �sur� :on � e�Erai : {ooi azz�E�„ ncicar�4•�led��� :.n i9� that cf �are;t adVertisinZ and prymotion s':9vr, cot been -shmx -n to increase the level of tobac4 l consumption. Ile sta�e�d: "'�"nePO fa ntt scftntlf ort►ue 't t s�Iy � atuay ft allable co ,hc public that proyidea a dzs'tWv gnawer t the basil question of whether adry=Usln and prom kcxr'rast the 14 of � lsl��we: c�����o. t;aczazinsm>ok��,c�nM�uouidexp� 20 ,nd mom mokki in the a cou.nrries * a �l s,, g , d „ th � � _ � ,..., a.. o . i3t,n Q� ertfsing than i» ,..mo coutttrso Toba"o Lsues, Ims natu Of Pau_dLt, Hamm �,' :21 *rrzsity, A.p:il'r,1923, sr c;�YS0*�fc �srort Of 4r3e t i (19x7), ac© aY *Q• ;� 4 rt- : dub; Q III, o:� i � cs36'Or tit'O �' LL:'I3i� � f3 �� F•. o't�5 �V�����T1.s�g �� `,t� z'�C1'3t{� ���23J. C.7T� '^ Sti"s Ss'V �tf �;?fRi1� ,� j �'it.� Cdrz., Ist Sm.23 (1987). U-S, Depari went or Hu,un sz. -;c; s Me the �� s � g to .L ��_ f' Stitwe [I ireg£'YPI 512 .3_ . that do tzot> In h. w„rC :, on.. ,zrds jxz �.�`�� Qpposit,.. 1rYhetl;crwoasidercd from nhe 3.endpoint i;f per capita co::surt ,Lo� Or i g.COp C+rfio:l of atu�zkzrs; ts'te jev81 Oil Smoking appears to �e highes I ziJl�` 1 f1` 3e CoUL' whero a�'V `.` Lng ria5 beC_ ^. .Ewen nn-orc signi ficant, toba -4 .".) o COU.3U�:;l�7tloa b yO =g PtOple - zi tlec:i ?ug in many colmtrf�, ;where ady?, 1me b:et per; :lned az 1n Cx 404 %rs2 iz n= y COIIfttries where 12 P:zhib -i d Poor pleT,4y! a; ba.=- * tobacco product siv rX sinu Cvzr pltit Iy ?� oot : edz�� era s rx'�1n� ;htzs�� x o�:x�tr?e a, a bay on outdoor adrert411'a of clga-retws ce -W'Zly would 11,C t reduce =CkiM,7 -hem. SeCau!�e S VM adV han W0 not rcd=-, sragl ins, such a b Would fail the Supreme CQar :est for in sdtUtion' such a b= oiLariy could tr 11c dzfL dgd as a ���r..owl= zOotvd MCAn,3 of disco= .ni 1 � ' Aaro, Woad," .a� Z i��tpeis,kHe `rh �f�Q�;:o sr k So Qr� c.}zlidre WH Cr011 NgWttUn4 SIWVe ' (May 19 t(1) 32 (Ma ,' crom ccuz.� auvty by resewch= l lo th-� aizzt C a: a- U nd "n0fiystalftatzcdia`:erezoes�` teTween smoking hFjbtu of ym=% p --opit t cGi'm-M -c yr ?tyxa zobtcco ad vorLising aq completel; ba=ad and i.� c; 3u�';z�;3 ; .�r� i�':� Wiz)`, l C:. iot"itam vl d X -C. Gotesmra „ Srr�•� �d �ttitrxd�s ToTrra�dw 5r�o3-�� � �or�ry,"� � �,�+ e I+Fr�;t�l l`�e�jCai A ;,a dc , , m , s r 0;17( ,y 1 ,. . 1Q), , 22 ` �j +{ a d20( 1 10) : 26 0(r epo: t ! , n g } that. � 3 t t h � eP �; rc en t � �, /. +� ofd ��itlt L 7i�i4h��� L { R .31.. r 3ii.'i1G liFf'oi +J:1rV. 3 Li L � l;` i 6.17iJ Rj4r n 1\i S.L: ! Y auihorr c: an nt ri: "�v#:i f it3t112�1 �liC yr Cr3 S r op ;ob �accLt dve: �isL h eaai 31� rogteat, wo cancat see that it has had a AS2zd3 .: 91$ 1 v: ec: jiPor- x'e salt or use chi toh�CC�,'�; �1::npeia,:�.,�ta1., �:,L�.� } ,1<����►�= o? �„ " -� 1��-i�� �o?si�.i;iJuiver:�t� of �?c?sin. , �pastrrl�ilt oY�� �iy es; �ci° ;1 �, ,.l�3lcari ;� i ? 933, 1 X89 (dr,3pitr 197 lawbanmimg,tobaccoau;vertfa..ng -1jo .ina mid 1 98C.s z ad the percenTe.se z' ad�:e�� w :vh.s� s�t^keci drUy La iQ39 a�as ��:ater th when the tau Mk age=)`$ Tr Co troi }n ��a� St0&hi0J-MZ` Board t` Health snd WP—I O, 1987 Quvt"a I.Mokito st�n�g 7�ena�,e: � � has "tACrease fQ110 -Wing the irnpositio : of �evnr t;o �.=a an -- siq. •rc tricdon- ?u 1 1 , .4 3=Qki -8 Irk Lght of the 1-0pril"mO fia1:t; zepeated :stt? fat rooz4 s eech r I . p , attter than. 1° , is Chu OOmtituLoaally Orefc -md remddy, f � r� No ewer To C4usor m P6ak}lI-. p:' opgrty. Once the opeas ita p-.ODerty t. Mr eYciat no ;iz ea enerally, it coot di ricnz ate a:rart spe :efs. -At least have fava.1idatyd restri'o tit ti3 en '- Onct13nIYm -W speeC s la mass 1' .Qviorta iorL f=jjjt:es on fe ti2iS a�QLiIl „ q� ..//����)) ..77��{y,j ��f,��fS ajy }.�f� ¢ vyq} � . tt r r �y y F y G da OLLi ca- inv Ol ed all attCrMP to L7iaai advcn�sext 41s f0f S' ` irj from th . New Yozk City subway sYstaiii: These cas -s :mpiya paralial nt,e of �oltdiscriminatio with respect to wmmerelal speech. I The Fourteewli Ames Sr i, $er-a -st It Coiztd actbe Shown tbaY advertja".n btu o reduc ' toba= unsu=ptton, st ch a bay aLso would rlolete tie Equal Protaction clawe o! thti z'oara�eush. Aue dm�no, A ft'dLra? di�txiCt C�s�.�rt • tavY::riat�d f3ktahnrra'� lir:3�si baR in -stata alcoholic bvverap advertisin& L iW- oa sir.:sar arc =43, 'r?�e c�,urt ccnc4udj ��13t J`.':;;3l�5� 4E3�ttLtIQ2`3l�?0137d C�7��L1� tc,, �}� �. *.��';� tS3 �3Li�*�t2Ii3tIS� aT11C�131t 4i ztICC�141�� bevemae advdrtLa�g from other souxcrs, the has ton s' tatM ez 1r,ary jrratjcn 71 ; r A rt czn i tJ �, r �a rnnti�r TMOU ist'hotily , 584 F. 8upp. 98 98 A 761 g?d 232 12323 - 3 (7th Cir. 1910); i ^ v. ��hJne Yrjr•anctPca ,A i arc ±t :_ 321 117 rw. 74 } Zd X931 X98 II, (D.C. �r. I984.y, v t Gov � �l :� v, I a M*dla L, ate (BNA) 1405,1407 (D.D.C.1979); Pn== lnc, • T -A No, 7 4 - 1. 1 59 - M, slip op, 3 Mass= May 13, 1974) (praiiLydnarY 14auctiOL), 7 r 1 dts 4jd, ?-4n. 76-IM fist Ct�y 3uao 2, 1976) (per curza:n), f cla34icatlon in violation of the ual . v n . +„ . �1 �i1S;. �t�,I� ?,� Q53 v. L r 636 Ft Sqp. 978, (W D, O %ja.'_58bj. #. The Fvtbr4l C r-!tU l:ce}LnF, zi-d Advi! AU. .A stale or local cigarette advordLin_a bap Disc 4zlate the Feder j C prettC Lab 4flng and A.dwer�sing Act, This a d- al law ,ntains a ".Prcempvon'� provision that proyidft: No Ytq Uirz= t or p =bd idon b ased. of Bmoklng and � Lci31t_% shaU be imposed ty -ndex Brag iawv ;Kith re4pcct to t, adv ertisinS or p omorion. of awy garcttw' 15 U,S. , C, 1334(b), The Act thU.s "[p] tohiui t4 Deal_:c- r�'_stad regulation r,-f pIohib ition cfC. adver+ siu; by any :fate or locM a: t 01,il s70. 566, 9 Cong., ISt Ses5,1(19f9} Conk-sr-_.7a aV p��%C� C:S:M f'E!3i'Yp LDiI i L .rl .lJ3711.i� .�.� L:iL " o'.�.}�.�,.t�.�': ' ^ w �+s.t.�. �+�ai Y.l�� ! wuWd noe be "I mpeded o , Y dive U3 S.C. § 1331(2)) based an mo:ting and hralth, x h S�tprcrn Coz,� : eccnFe.s�an �3 e v, r�' 17 rat S, Ct. 2608 {1992), eonfir= that a udye dauS tiara would �c preernomd wide the fedeT4 statute, Even Deriiehael ; MMSClatk, f IZWr Chairman of the Federal Trad Comm micU Who now helps dlr;�:t tho aa�z % ; tol;�;� haG cat =eded that the COI:I:� decision "sy moves the broad-icale art c!.- on ci.Z=eit► 1 J 1 v "robe= Mar aera C?a:m ; dIng Spzt4s1r'hetn Flnsm. Ch dug Ads," Wall St. Suue 26, 1992, at 56 , cal. 3. ; As the Court acted, Co e.3a passed the Fcderai Cigarette Laheling atd� A4vcraAug •pct In 1965,=1 subao- quentlY amended z:�C- Act !n 2569, lz the face of efforta az the state level to or ba- — C � O AdVerrising, rd, at 2616 & n,11. in +3 tht s tL'�ztlsic�g' to vbii t.iolza 'tkiu {t�SpeTct t the advertising or pro - ration' o eiga,ettcs:' L,. at 2619. The phis '% rcquire or prtthF'b:tioa justice Stevens em ph is f L z ed, 'Sweeps b mdJy1 id, at 26M0. A tabaeco producK a6ertis�g ban cLL':d not by 3a'yed from prcy�ip�o�b asserdng that ;ts pu:pcse {s to euminhte, ad v erf? sir-$ that surpn3edly encolimps c hildre to purchma -e tobacco ;pro; aces. mar purp= Is hself ultimately "ttased on Smoking an hez:M. ` T he U.S. Sup rB.me Court has made civLr, mo: eover, that 10 the g_t df a, eta: law, rather Lhaa Its atatcd nu rz e that govorm pmemption anal�a+ IbtI2.�'€�r. Gfl, l :• sa 479 US. 481, 498 n. 749 (198 A �tzze or local to ' iative body muly not avai ftdc I pre anptior, simply by dec:atirg it. 4a 5omw purpo ;e iii 3,, vtmr than Tr; ;s m t1G' trf the federal obje;c;�j ;c, r az Y, Qa 402 U.S. 637, 6$1 -52 (1971 ), 4 i a i 13bj CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1993, at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 23 of the City Ordinances regarding tobacco related products. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES REGARDING TOBACCO RELATED PRODUCTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. The City Council makes the following Findings: 1. Tobacco purchase and consumption by minors is illegal and point -of -sale advertising encourages both purchase and use by portraying smoking as glamorous, socially acceptable, adventurous, even fun; 2. Cartoon characters in advertising are uniquely appealing to children and cartoons have been and are used to promote at least two brands of cigarettes. Research has found that more preschool children recognize Joe Camel than recognize Mickey Mouse; 3. Children shop alone and with parents in stores which sell and promote tobacco; 4. Tobacco advertisements are not carried in children's publications, yet more children are exposed to tobacco advertisements at the point - of -sale than could ever be exposed through children's publications; 5. The purpose of advertising is to create positive feelings toward the product and increase loyalty to and purchases of that product; 6. The vast majority of new smokers are teenagers or younger, and children are beginning to smoke today at a younger age than ever before; 7. Over 25 percent of all high school seniors who smoke began to smoke by the sixth grade and over 57 percent of high school seniors who smoke began to smoke by the eighth grade; 8. Tobacco product advertising is regularly seen by Persons under the age of 18, and persons under the age of ten are regularly exposed to tobacco product promotional efforts; 9. Tobacco product advertisements with human figures or facsimiles thereof, with beautiful pictures and scenes and images have the greatest impact on persons under the age of 18; 10. Through advertisements during the sponsorship of sporting events, tobacco has become strongly associated with sports and has become deceptively Portrayed as an integral part of sports and the healthy lifestyle associated with rigorous sporting activity; 11. Tobacco is a profoundly addicting drug with relapse rates which are identical to relapse rates for heroin and alcohol; 12. Most people who use tobacco want to quit; at least two - thirds have tried at one time or another; at least one -third try in any one year; 60 percent go back to smoking before the first year is out; 13. Environmental cues associated with an addictive drug, whether tobacco, cocaine, alcohol, heroin, etc. stimulate the desire to use that drug. Relapse prevention is aided by avoiding environments where those cues are most strong: alcoholics often try to avoid bars, cocaine addicts avoid places where the drug is used; 14. Attractive advertising and promotion of tobacco at the point -of -sale in convenience and grocery stores and other outlets can trigger impulse Purchasing and undermine the resolve to break the nicotine addiction; 15. Point -of -sale promotion and advertising has a unique impact on former smokers by encouraging impulse purchasing; 16. Enactment of sections two and three of this ordinance will serve to protect the public health, safety, and welfare by limiting factors which encourage minors to smoke and which make it more difficult to quit smoking for minors who already smoke. Section 2. Chapter 23 of the City Ordinances of the City of Brooklyn Center is hereby amended by adding the following: Section 23 -102. DEFINITIONS. 4. "Tombstone sign" means a sign which indicates to customers that a tobacco related product is available for purchase. The sign may display a picture of a single package of the tobacco related Product provided the picture is no larger than the actual size of that package. Other than such Picture only letters and numbers may be displayed on the sign; and no other picture, drawing, human or cartoon figure, logo, or design of any kind is Permitted. Signs shall have a white background. Only the following information may be included on the sign: product names and types, prices, tar and nicotine content whether the tobacco is U.S. or foreign grown, the union status of those producing the product, and any warning labels that are required by federal law. 5. "Point -of -sale advertising and promotion" means any advertising or promotion of any kind within or upon the establishment of the licensee where the product is offered for sale, including but not limited to, advertising or promotion indoors or outdoors, on clocks, grocery dividers, displays and display racks, shopping baskets, signs, Promotional items, vending machines, entrance and exit signs, counter racks, ashtrays, trash cans, uniforms, and t- shirts or other clothing. Advertising and promotion includes display of any logo brand name, character, graphics, colors, scenes, or designs that are either trademarks of a particular brand or images generally associated with a particular brand. Advertising and promotion does not include display of packages or cartoons of the product. Section 23- 106.01. POINT -OF -SALE PROMOTION AND ADVERTISING LIMITED. Point -of -sale advertising and promotion of tobacco related products by any means other than tombstone signs is prohibited. Section 23- 106.02. POSTING OF SIGNS TO WARN PREGNANT WOMEN OF THE EFFECTS OF TOBACCO USE. 1. All licensees who sell tobacco related products shall post in a conspicuous place upon the premises and positioned so as to be seen by the highest number of patrons a sign warning of the dangers of tobacco use during pregnancy. This sign shall be a sign provided by the City of Brooklyn Center. 2. The City of Brooklyn Center will produce warning signs to meet the requirements of this ordinance. The signs shall read "Warning, tobacco use during Pregnancy may cause birth defects and premature birth" or a similar message and may contain a picture symbol reasonably designed to communicate this message. Section 3. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 1993. Todd Paulson, Mayor ATTEST: Deputy Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) 13b a CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1993, at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 11 of the City Ordinances regarding liquor licensing; requiring the posting of signs to warn pregnant women of the effects of alcohol consumption. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY ORDINANCES REGARDING LIQUOR LICENSING; REQUIRING THE POSTING OF SIGNS TO WARN PREGNANT WOMEN OF THE EFFECTS OF ALCOHOL CONSUMPTION THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 11 of the City Ordinances of the City of Brooklyn Center is hereby amended by adding the following: Section 11 -109. CONDITIONS OF LICENSE. Subdivision 11. Every licensee shall post in a conspicuous place upon the premises and positioned so as to be seen by the highest number of patrons a sign warning of the dangers of alcohol consumption during pregnancy. Every licensee shall also post a sign warning of the dangers of alcohol consumption during Pregnancy in each restroom on the premises in a conspicuous place within the restroom so as to be seen by the highest possible number of patrons These signs shall be signs provided by the City of Brooklyn Center. The City of Brooklyn Center will produce warning signs to meet the requirements of this ordinance The signs shall read "Warning, drinking alcohol while pregnant may cause your baby Permanent brain damage and other birth defects" or a similar message and may contain a picture symbol reasonably designed to communicate this message. Section 11 -204. OPERATION OF THE MUNICIPAL LIQUOR STORE. Subdivision 5. The municipal liquor store shall comply with the requirements of section 11 -109 subdivision 11 relating to the posting of signs to warn pregnant women of the effects of alcohol consumption. Section 11 -406. [HOURS OF OPERATION.] CONDITIONS OF LICENSE. Subdivision 1. No establishment licensed as a bottle club may permit a person to consume or display intoxicating liquor and no person may consume or display intoxicating liquor between 1 a. m. and 12 noon on Sundays, and between 1 a. m. and 8 a. m. on Monday through Saturday. Subdivision 2. Any establishment licensed as a bottle club shall comply with the requirements of section 11 -109, subdivision ll relating to the posting of signs to warn pregnant women of the effects of alcohol consumption Section 11 -510. CONDITIONS OF LICENSE. 19. Every licensee shall comply with the requirements of section 11 -109 subdivision it relating to the posting of signs to warn pregnant women of the effects of alcohol consumption Section 11 -611. CONDITIONS OF LICENSE. 19. Every licensee shall comply with the requirements of section 11 -109, subdivision 11, relating to the posting of signs to warn pregnant women of the effects of alcohol consumption Section 11 -711. CONDITIONS OF LICENSE. 19. Every licensee shall comply with the requirements of section 11 -109 subdivision 11 relating to the posting of signs to warn pregnant women of the effects of alcohol consumption Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 1993. Todd Paulson, Mayor ATTEST: Deputy Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) CITY OF BROOKLYN CENTER Council Meeting Date 12/06/93 Agenda Item Number Qi1� ® REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTIONS DESIGNATING THE SHINGLE CREEK WATERSHED COMMISSION AND THE WEST MISSISSIPPI WATERSHED COMMISSION AS THE LOCAL GOVERNMENT UNITS (LGU'S) FOR WETLAND ALTERATIONS AS REQUIRED BY THE WETLAND CONSERVATION ACT OF 1991 DEPT. APPROVAL: Sy Knapp, Director ofVublic Works MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached YE • The Wetland Conservation Act of 1991 was adopted by the Minnesota State Legislature to maintain or enhance the quantity, quality and biological diversity of Minnesota wetlands. Interim and permanent rules were developed to administer the Act. The current interim rules may be used until December 31, 1993, at which time all Local Government Units (LGU'S) will be governed by the permanent rules. Both the Shingle Creek Watershed Management Commission and the West Mississippi Watershed Management Commission, under the interim rules, agreed to perform the tasks and responsibilities of the LGU for any member city who did not desire to serve as the LGU for wetlands within its boundaries. As set forth in Resolution 93 -7 (enclosed), adopted November 9, 1993, the Commission is also willing to accept the responsibility to serve as the LGU under the permanent rules if so requested by any member city. At this time the Act requires that governmental units within the seven county metropolitan area indicate their willingness to serve as the LGU under the permanent rules or delegate LGU responsibility to the watershed management organization (WMO). The City shall file a copy of a resolution designating LGU responsibility with the Minnesota Board of Water and Soil Resources and the WMO by December 31, 1993. The amount of special training needed to effectively administer the responsibilities of an LGU for this purpose is disproportionate to Brooklyn Center's need to perform this function. Accordingly, staff recommends that the WMO's be delegated as the LGU for this purpose. RECOMMENDED CITY COUNCIL ACTION Two resolutions are provided for consideration by the City Council. RESOLUTION NO. 93 -7 A RESOLUTION ESTABLISHING THE SHINGLE CREEK WATER MANAGEMENT ORGANIZATION AS THE LOCAL GOVERNMENT UNIT TO ADMINISTER THE WETLAND CONSERVATION ACT OF 1991 WITH EXCEPTIONS AND ESTABLISHING A POLICY RE ADMINISTRATIVE COSTS WHEREAS, the Wetland Conservation Act of 1991 was adopted by the Minnesota State Legislature and interim and permanent rules to administer the program have been developed, and WHEREAS, the interim rules may be used until December 31, 1993, but at that time all Local Government Units (LGU) shall proceed under the permanent rules, and WHEREAS, under the interim rules the Shingle Creek Water Management Organization has agreed to perform the tasks and responsibilities of the LGU for any member municipalities who do not desire or agree to serve as the LGU for administration of the Act within their boundaries, and WHEREAS, previously and during administration of the interim rules three member cities (Brooklyn Park, Maple Grove, and Plymouth) have elected to serve as the LGU for wetlands within their individual cities, and WHEREAS, the other members of this joint Powers Water Management Organization have delegated the LGU responsibilities to this Commission to act as their LGU under the interim rules and this Commission accepts that responsibility, and WHEREAS, the Commission is willing to accept the responsibility to be the LGU under the permanent rules if so requested by any member city, and WHEREAS, the expenses and costs of administering the permanent rules of the Wetland Conservation Act must be made a part of the general fund budget or charged to the member City and the parties who are requesting an exemption and no -loss determination and approval of the wetland replacement plans or alterations. Cities requesting the Commission to act as the LGU will be obtaining additional services from this Commission, and the Commission believes that in fairness to the members who assume the responsibility of being the LGU, this Commission should charge all costs and expenses back to the member requiring the service, NOW, THEREFORE, BE IT RESOLVED By the Shingle Creek Water Management Organization, as follows: 1. Pursuant to Rule 8420.0200 in the seven county metropolitan area, the LGU is the city, town, or water management organization regulating surface water related 0 matters in the area in which the drain or f ill activity is located or its delegate. The Commission requests that each member municipality determine by resolution if the member city desires to be the LGU or if the city wants this Commission to act as the LGU for areas within the member city's boundaries and within Shingle Creek. The member city may request this Commission to assist them in some portion of the administration of the Wetland Conservation Act, but retain the final decision as the LGU, and the Commission will accept the determination of the member city and the city's division of responsibility. The member cities are requested to file a copy of any resolution adopted determining the City's status as to being the LGU with this Commission and with the Minnesota Board of Water and Soil Resources prior to December 31, 1993. 2. The Shingle Creek Water Management Organization shall serve as the LGU if designated by the member city, for making exemption and no -loss determinations, approving wetland replacement plans and performing other responsibilities under the Wetland Conservation Act of 1991 and under the permanent rules for all lands within the watershed lying within the boundary areas of the city delegating that responsibility to this Commission. 3. The Commission will operate under the interim rules until December 31, 1993. 4. Any application or action required by a member City for services by this Commission or its staff in administering the Wetland Conservation Act shall be paid for by the member requesting the services. Member Cities are encouraged to charge the property owner applicant for those services, but this Commission will bill the costs and expenses incurred by the Commission to the member City. An escrow amount of $1500 shall be deposited with the original application and staff is directed to advise this Commission and the member City if the expenses and costs are expected to exceed the original deposit filed with the application. Services shall not be performed beyond monies on deposit unless the member City has agreed in writing to be responsible. The Commission and its staff shall itemize all time, services, and expenses incurred by the Commission in providing services to a member city or to an applicant within a member city in administering the Wetland Conservation Act. The city or the applicant making the escrow deposit in the escrow account shall, upon request, be furnished a copy of said itemized charges. Any balance remaining in the escrow account upon completion of all services necessary to administer the act for that application shall be returned to the member city or the applicant by the Commission after all claims for time, services, expenses, or charges have been paid. 5. Nothing contained in this Resolution shall preclude the Commission from working cooperatively with any member City in administering the Wetland Conservation Act consistent with the statute and rules adopted by the Board of Water and Soil Resources (BWSR) , and members can within the rules promulgated by BWSR request a mix of services between the member City and the Commission with the member City being responsible for all costs and expenses incurred by the Commission in performing services in administering the Wetland Conservation Act. Commissioner Gerald Butcher made a motion to adopt the foregoing resolution, and Commissioner Richard Fursman seconded the motion. The following voted in favor thereof: Sy Knapp, Brooklyn Center; Gary Brown, Brooklyn Park; Butcher, Maple Grove; Perry Damon, Minneapolis; Mark Hanson, New Hope; Fursman, Osseo; Fred Moore, Plymouth; and Troy Gamble, Robbinsdale; the following voted against the motion: none; and absent was: Crystal; whereupon said resolution was declared duly passed and adopted this ninth day of November, 1993. Fred G. Moore, Chairman Attest: Gerald E. Butcher, Secretary 1 , 410 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DESIGNATING THE SHINGLE CREEK WATERSHED COMMISSION AS THE LOCAL GOVERNMENT UNIT (LGU) FOR WETLAND ALTERATIONS AS REQUIRED BY THE WETLAND CONSERVATION ACT OF 1991 WHEREAS, the Wetland Conservation Act of 1991 was adopted by the Minnesota State Legislature, which required the Board of Water and Soil Resources (BWSR) to promulgate interim and permanent rules and regulations pertaining to wetland alterations; and WHEREAS, the City of Brooklyn Center designated the Shingle Creek Watershed Management Commission to serve as its Local Government Unit (LGU) under the interim rules, which will be used until December 31, 1993; and WHEREAS, the Act and the permanent rules require that each governmental unit (city or town) within the seven county metropolitan area indicate its willingness to serve as the LGU under the permanent rules or designate the water management organization to administer the rules; and WHEREAS, the City Council of the City of Brooklyn Center deems that it is in the City's best interest to appoint the Shingle Creek Watershed Management Commission to serve as its LGU for wetland alterations within the City under the permanent rules; and WHEREAS, the Shingle Creek Watershed Management Commission has agreed to perform the tasks and responsibilities of the LGU for any member city which does not desire or agree to serve as the LGU for administration of the Act within its boundaries; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota as follows: To designate the Shingle Creek Watershed Management Commission as the Local Government Unit to oversee wetland alterations within the watershed boundaries within the City under the permanent rules established by BWSR to administer the Wetland Conservation Act of 1991. Date Todd Paulson, Mayor ATTEST: Deputy Clerk RESOLUTION NO. 0 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. l yb Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DESIGNATING THE WEST MISSISSIPPI WATERSHED COMMISSION AS THE LOCAL GOVERNMENT UNIT (LGU) FOR WETLAND ALTERATIONS AS REQUIRED BY THE WETLAND CONSERVATION ACT OF 1991 WHEREAS, the Wetland Conservation Act of 1991 was adopted by the Minnesota State Legislature, which required the Board of Water and Soil Resources (BWSR) to promulgate interim and permanent rules and regulations pertaining to wetland alterations; and WHEREAS, the City of Brooklyn Center designated the West Mississippi Watershed Management Commission to serve as its Local Government Unit (LGU) under the interim rules, which will be used until December 31, 1993; and WHEREAS, the Act and the ermanent rules require that each P q governmental unit (city or town) within the seven county metropolitan area indicate its willingness to serve as the LGU under the permanent rules or designate the water management organization to administer the rules; and WHEREAS, the City Council of the City of Brooklyn Center deems that it is in the City's best interest to appoint the West Mississippi Watershed Management Commission to serve as its LGU for wetland alterations within the City under the permanent rules; and WHEREAS, the West Mississippi Watershed Management Commission has agreed to perform the tasks and responsibilities of the LGU for any member city which does not desire or agree to serve as the LGU for administration of the Act within its boundaries; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota as follows: To designate the West Mississippi Watershed Management Commission as the Local Government Unit to oversee wetland alterations within the watershed boundaries within the City under the permanent rules established by BWSR to administer the Wetland Conservation Act of 1991. Date Todd Paulson, Mayor ATTEST: Deputy Clerk RESOLUTION NO. 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 council Meetin Date I2ro6 Agenda Item Number �7 C REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE PUBLIC SERVICE OF ORGANIZATIONS PARTICIPATING IN BROOKLYN CENTER'S ADOPT -A -PARK, ADOPT -A- TRAIL, AND ADOPT -A- STREET PROGRAMS DEPT. APPROVAL: J/ 41v�� Sy Knapp, D' ector dePublic Works MANAGER'S REVIEW /RECOMMENDATION:'.� No comments to supplement this report Comments below/attached SUMMARY EXPLANATION: (supplemental sheets attached Yes The second year of the Adopt -A -Park, Adopt -A- Trail, and Adopt -A- Street programs was supported by the volunteer efforts of 26 groups who generously donated their time and energy to keeping these facilities clean. Earle Brown Elementary kindergarten classes participated in a tree planting ceremony at Grandview Park and plan to make it an annual event. Kids On The Move Daycare planted and maintained a flower garden at the entrance to Orchard Park. Other groups have expressed interest in providing plantings and flower gardens in the park facilities in 1994. The volunteer groups interested in improving our communities' quality of life represent a cross- section of the community. They include service organizations, employee groups, schools, scouts, and neighborhood groups. A listing of the volunteer groups and their adopted facilities is attached. Organizations providing service have been recognized by small signs at their adopted facilities. The attached resolution thanks the groups for their commitment to this program. In addition, each group will receive a certificate of appreciation. City staff managing this program are Kent Korman, Park Maintenance Department, and Joyce Gulseth, Engineering Department. We recommend that this program be continued and expanded in 1994. A copy of the general information sheet which describes the program is attached. RECOMMENDED CITY COUNCIL ACTION A resolution is provided for council consideration. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE PUBLIC SERVICE OF ORGANIZATIONS PARTICIPATING IN BROOKLYN CENTER'S ADOPT -A- PARK, ADOPT -A- TRAIL, AND ADOPT -A- STREET PROGRAMS WHEREAS, the City Council of the City of Brooklyn Center determined that it is in the City's interest to operate volunteer programs that involve the community in the maintenance of city parks, trails, and streets; and WHEREAS, the following organizations have g enerously volunteered g g g y their time and energy participating in the Adopt -A -Park, Adopt -A- Trail, and Adopt -A- Street programs. WHEREAS, it is appropriate that their service to the community be recognized. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that the public service of the following groups is hereby recognized and appreciated: Boy Scout Troop #401 Girl Scout Troop #759 Brooklyn United Methodist Church Girl Scout Troop #1081 Brooklyn Center Rotary Club Girl Scout Troop #739 Brooklyn Swim Club Girl Scout Troop #1606 Brooklyn Center Community Oriented Policing Girl Scout Troop #934 Brooklyn Center Charter Commission Kids On The Move Daycare Campfire Boys and Girls, Region B Loony Weavers Children's World Neighbors of Bellvue Cub Scout Pack 632, Den 9 Target "Good Neighbors" Earle Brown Elementary - 6th Grade Textron Financial Corp. Earle Brown Elementary Twin Lake Association Evergreen Park School & P.T.O. Wes & Holly Scott Garden City Elementary Willow Lane Student Council Date Todd Paulson, Mayor ATTEST: Deputy Clerk RESOLUTION NO. 0 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. ADOPT A PARK 1993 P . RIB .:. :.:...::.:::.:......... ( '" OR ::........... ..P o .. Arboretum Region B Campfire Boys and Girls 533 -9170 Jan Althoff ellvue Park Neighbors of Bellvue 566 -8932 Wendy Aaserud Brooklane Garden City Element 560 -9086 Barb Dahl uist Central B.C. Rotary Club 560 -9511 Jack Flatle East & West Palmer Target, Brooklyn Center 566 -0739 Chris Rodriguez Lake "Good Neighbors" Evergreen Park Evergreen Park School & P.T.O. 561 -0270 Ken Berg Firehouse Park Brooklyn Center Charter Commission 561 -7442 Myrna Kra ness Garden City Wes & Holly Scott 566 -7616 Wes & Holly Scott Grandview Children's World and 427 -9628 Renee Schumacher Earle Brown Element 560 -3519 Theresa Mickelson Happy Hollow Boy Scout Troop #401 566 -4316 Skip Hale K lawn Girl Scout Troop #1606 537 -1494 Lori Munden Lions Park Girl Scout Troop #739 560 -5554 Clarice D. Baile Orchard Park Kids On The Move Daycare 535 -7304 Jan Tieden Twin Beach, TL Island, Twin Lake Association 535 -7646 Kristen Mann TL No., TL Peninsula, Twin View Outlots illow Lane Willow Lane Student Council and 561 -9272 Linda Torfin Girl Scout Troop #759 and and 424 -5699 Sheila Northro Northport Girl Scout Troop #1081 537 -5252 Paula Pilrose ADOPT A STREET 1993 c Oar MNSOR ..... :::: > N> R r S N�rA �.:: County Road 10 Brooklyn United Methodist Church 560 -8893 Diane Swanson Dupont Avenue South 6th Grade - Earle Brown Elementary 561 -4480 David Zwiener Earle Brown Drive Textron Financial Corp. 569 -5232 Laura Funck West River Road Loony Weavers 560 -8893 Diane K. Swanson or 574 -4346 ADOPT A TRAIL 1993 TR 1 WON ; .:. GRfCP SPU1tiISOR :':'.:,::;.: 69th Avenue Cub Scout Pack 632 Den 9 5614876 C.J. Fisher 561 -4459 ilac Drive Girl Scout Troop #934 566 -9179 Renae J. Booke Shingle Creek North Brooklyn Swim Club 560 -7556 Judy Riess Shingle Creek South B.C. Community Oriented Policing 561 -1922 John Blalock CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 BROOKLYN TELEPHONE: 569 -3300 CENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE Dear Community Organization: 911 The City of Brooklyn Center is pleased to offer your organization an opportunity to become involved in the recently approved Adopt -A -Park, Adopt -A- Trail, Adopt -A -Street Programs. These programs are modeled after the MNDOT Adopt -A- Highway Program, and are designed to involve civic organizations in a personal commitment to provide a cleaner and safer community. Community groups, clubs, churches, schools, service organizations, neighborhood groups, scouts, and individuals are being asked to consider adopting one of the city facilities highlighted on the enclosed map. Participating groups are asked to commit to providing service at least three times a year for at least two years. In return, participating groups will receive recognition in the form of a small sign at the facility, a City Council resolution thanking them for participating, and the satisfaction of providing a useful community service. Participants are asked to provide trash pickup and general cleanup. It is also possible for groups to be involved in weed pulling and flower bed /shrub maintenance, flower planting, painting, or other occasional services. Mr. Kent Korman of the Park Maintenance staff is available to provide assistance in selecting a City facility which best meets the interests and needs of participating groups. The Park Maintenance Department will provide trash bags, gloves, litter pickup sticks, and other materials, as well as safety vests for participants working near traffic. Park Maintenance staff will collect and dispose of trash bags and other items. If your organization is interested in participating in the Adopt -A -Park, Adopt -A- Trail, Adopt - A- Street programs, please contact Kent Korman in the Park Maintenance Department, 569- 3380, or Joyce Gulseth in the Engineering Department, 569 -3340, or send in the enclosed application form . Projects will be allocated on a first -come first- served basis. Thank you for considering participating in this program. We look forward to working with you on this program. Sincerely, Diane Spector PUBLIC WORKS COORDINATOR b 19NALLMMAcrn ='a CITY 3[ OF ! BROOKLYN CENTER"` } APPLICATION FORM The City of Brooklyn Center reserves the right to refuse, cancel or revise this agreement if in its sole judgement the g J g nature of the group or its sign is political, controversial, or in questionable taste, or if the group is not meeting the terms and conditions of this agreement. By signing this agreement, the group acknowledges the nature of the work and agrees to comply with the terms and conditions herewith to the satisfaction of the City of Brooklyn Center. Except for negligent acts of the City of Brooklyn Center, its agents and employees, the volunteers or their agents shall assume all liability for, and save the City of Brooklyn Center, its agents and employees, harmless from, any and all claims for damages, actions or causes of action arising out of the work to be done herein. Any and all volunteers of the group or other persons while engaged in the performance of any work or service performed under this agreement shall not be considered employees of the City of Brooklyn Center, and any and all claims that may or might arise under the Worker's Compensation Act of Minnesota on behalf of said employees or other persons while so engaged, and any and all claims made by any third party of the group's volunteers or other persons while so engaged on any of the work or services to be rendered shall in no way be the obligation or responsibility of the City of Brooklyn Center. Name of Group (Please Print) Name of Group Representative Address Phone (H) (W) Name to Appear on Sign lst Choice Park/Trail/Street 2nd Choice Park/Trail /Street Signature of Group Representative Date CITY OF 0 BROOKLYN CENTER TERMS AND - CONDITIONS � �' X -¢ ec, 1. The group agrees to pick up litter and perform other duties as a P reed to in the g assigned City park/trail /street at least three (3) times per year over a two year period. Park maintenance staff suggest that the services be provided during the following periods: April 10 - May 10; July 1 - 31; and September 1 - 30. Groups are welcome to volunteer more often, or during other periods as appropriate. 2. The group shall perform said services during daylight hours only. 3. The group shall provide adequate supervision to participants eighteen years of age or younger on site at all times during the project. 4. The rou shall g p s al arrange project dates at least one week in advance with designated City Adopt -A Program personnel. The group shall obtain materials during regular City Garage business hours, which are 7 :00 a.m. - 3:30 p.m. Monday- Friday. The Garage is located at 6844 Shingle Creek Pkwy, and the phone number is 569 -3380. 5. The group shall place filled trash bags and other items to be discarded at a prearranged pick -up point at each project location. Groups are encouraged to recycle appropriate materials for their own benefit. 6. Borrowed or unused supplies shall be returned to the City garage within one week. 7. Groups wishing to contribute other services or perform one time special projects should contact designated City Adopt -A Program personnel. Any planting projects must be approved in advance by the Director of Public Works. The City of Brooklyn Center agrees to: 1. Provide trash bags, gloves, and litter pickup sticks. Safety vests will be provided if volunteers will be working on a street. When necessary, as determined by the City Engineer or his designee, temporary traffic warning signs will be provided. 2. Arrange to remove filled trash bags and large, heavy, or hazardous materials from the project location. 3. Erect a sign at the project location highlighting the group commitment to the Adopt -A Program and obtain an annual City Council resolution thanking the group for its commitment. CITY OF 0 BROOKLYN CENTER .- WE NEED Y OUR HELP! YOUR GROUP CAN ADOPT A PARK, TRAIL, OR STREET BY PROVIDING THE FOLLOWING SERVICES: TRASH PICKUP WEED CONTROL * PAINTING * FLOWER PLANTING OTHER SPECIAL PROJECTS IF YOU ARE INTERESTED IN GETTING INVOLVED, PLEASE CONTA CT KENT KORMAN IN THE PARK MAINTENANCE DIVISION (569 -3380) OR JOYCE GULSETH IN THE OFFICE OF ENGINEERING (569 -3340) YES! I'd like to get involved! Please send me information on the Brooklyn Center ADOPT' A- PARKITRAILISTREET Program. Name Address City, State, ZIP Return To: Adopt -A -Park, City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430 Adopt -A -Park L BELLVUE 55th and Aldrich Avenues 2. GRANDVIEW 59th and Humboldt Avenues 3. LIONS 55th and Russell Avenues 4. HAPPY HOLLOW 50th and Abbott Avenues 5. NORTHPORT 55th and Sailor Lane 6. GARDEN CITY 63rd and Brooklyn Drive 7. BROOKLANE 65th and Drew Avenues 8. KYLAWN 61st and Kyle Avenues 9. ORCHARD LANE 65th and Orchard Lane 10. WANGSTAD 61st and France Avenues 11. WILLOW LANE 69th and Orchard Lane 12. WEST PALMER Palmer Lake Circle 13. EAST PALMER 71st and Oliver Avenues 14. FIREHOUSE 65th and Bryant Avenues 15. EVERGREEN 72nd and Bryant Avenues 16. RIVERDALE Dallas and Riverdale Roads 17. FREEWAY 67th and Beard Avenues 18. TWIN BEACH Twin Lake and Lakeside Avenues 19. CENTRAL Shingle Creek Parkway and Brooklyn Drive 20. RIVER RIDGE Mississippi River and 194/694 21. LAKESIDE Twin Lake Boulevard and Lakeside Place 22. MARLIN Marlin Drive and Indiana Avenue 23. TWIN LAKE ISLAND Upper Twin Lake 24. TWIN LAKE NORTH 58th and Major Avenues 25. TWIN LAKE PENINSULA Halifax and Eckberg Avenues 26. ARBORETUM 61st and Major Avenue 27. SHINGLE CREEK NORTH Both sides of Brooklyn Blvd, north of Wingard Lane 28. TWIN VIEW OUTLOTS 51st Avenue and Twin Lake Boulevard 29. WELL HOUSES East side of Camden Avenue, 70th to 72nd Adopt -A -Trail 30. SHINGLE CREEK NORTH 69th Avenue to I94/694 Pedestrian Bridge 31. SHINGLE CREEK SOUTH Hennepin County Center to CR 10 32. LILAC DRIVE Centerbrook Golf Course to CR 10 33. 69th AVENUE Brooklyn Blvd to Shingle Creek Parkway (avail 1993) Adopt -A- Street 34. SHINGLE CREEK PKWY N 69th Avenue to I94/694 35. SHINGLE CREEK PKWY S 194/694 to CR 10 36. FREEWAY BOULEVARD WEST Xerxes Avenue to Shingle Creek Parkway 37. FREEWAY BOULEVARD EAST Shingle Creek Parkway T.H. 252 38. SUMMIT DRIVE Shingle Creek Parkway to T.H. 100 39. JOHN MARTIN DRIVE Shingle Creek Parkway to T.H. 100 40. EARLE BROWN DRIVE John Martin Drive to Summit Avenue and loop north 41. COUNTY ROAD 10 Brooklyn Boulevard to T.H. 100 42. HUMBOLDT AVENUE 194/694 to 69th Avenue 43. DUPONT AVENUE NORTH I94/694 to 69th Avenue 44. DUPONT AVENUE SOUTH I94/694 to 57th Avenue 45. WEST RIVER ROAD 66th Avenue to 73rd Avenue 46. LYNDALE AVENUE 53rd Avenue to 57th Avenue (includes river bank) 47. FRANCE /LAKEBREEZE AVES 51st to Azelia Lane \ .}. _ t j 29 d 13' 1 t 6 11 121,; _ F ` �• 1 nnn■■. -- - 77. - 33 34 45 4 3 17 42 30 •_ A 3 x � 1 22� 7 6 - - n 19 Rs • 40 38 4 - - ---� s o 35 7 - -- - - - -- 4 20 1 39` �• j�� z - - - - -- - - - - -- - - -- -- - -� 9 � 46 I 3 25 t � ,,. 21 � oo lr� 28 ni [036300a v SZOLVU7 / /Z 6T v t 4 CCU r17 E R IFRU. 1VIU7 47 SIDEWALKS EXISTING 0% STREET _ :_S 4c �� EXISTING 0 =r STRt_ =.LS O : {pltld 1 N I --- - - - - -• PROPOSED ON STREET 8 _S '- - - - - -- PROPOSED 0 == STR 4''S MAP 1 SEE KEY ON REVERSE SIDE H r _ - S ITE S ADOPT A PR ®GRAi S S PARK I I II TRAIL I„■■.■.■. STREET • • • CITY OF BROOKLYN CENTER Council Meeting Date ,(� 193 Agenda Item Number / yd / / REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACKNOWLEDGING GIFT FROM THE LIONS CLUB OF BROOKLYN CENTER DEPT. APPROVAL: Ck� H as Charles Hansen, Finance Director MANAGER'S REVIEW /REC O N NDAT,ION: — 71 ,1 No comments to supplement this report Comments below /attached SUNEM ARY EXPLANATION: (supplemental sheets attached ) • The City recently received a check from the Lions Club of Brooklyn Center totaling $360. The Club requested that its gift be used to fund the cost of supervision for the Youth Basketball recreation program. The attached resolution would acknowledge the gift with appreciation and amend the 1993 General Fund Budget. RECOMMENDED CITY COUNCIL ACTION Passage of the attached resolution. Nj Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACKNOWLEDGING GIFT FROM THE LIONS CLUB OF BROOKLYN CENTER -------------------------------------------------- WHEREAS, the Lions Club of Brooklyn Center has presented the City a gift of three hundred sixty ($360) and has designated that it be used for the "Youth Basketball" recreation program; and WHEREAS, the City Council is appreciative of the gift and commends the Lions Club of Brooklyn Center for its civic efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, to acknowledge the gift with gratitude and amend the 1993 General Fund Budget as follows: 1. Increase the estimated revenues for donations $360 2. Increase the part -time wage appropriation for the Youth Basketball recreation program $360 Date Todd Paulson, Mayor ATTEST: Deputy 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 Council Meeting Date 12/6/93 Agenda Item Number E REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF FUAD REVEIZ FOR HIS ASSISTANCE AND DEDICATION TO COMMUNITY SERVICE WITH THE BROOKLYN CENTER POLICE DEPARTMENT DEPT. APPROVAL: A Sharon Knutson, Deputy City Clerk MANAGER'S REVIEW/RECOM ENDATI ON. No comments to supplement this report Comments below /attached * * * * * * * * * * * * * ** SU1 EMLARY EXPLANATION: (supplemental sheets attached ) This evening the City Council is asked to approve the attached resolution. Once approved, the resolution will be placed upon a plaque and presented to Fuad Reveiz at the December 20, 1993, City Council meeting. RECOMMENDED CITY COUNCIL ACTION PASS A RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF FUAD REVEIZ FOR HIS ASSISTANCE AND DEDICATION TO COMMUNITY SERVICE WITH THE BROOKLYN CENTER POLICE DEPARTMENT. NE Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF FUAD REVEIZ FOR HIS ASSISTANCE AND DEDICATION TO COMMUNITY SERVICE WITH THE BROOKLYN CENTER POLICE DEPARTMENT WHEREAS, Fuad Reveiz has been a positive role model for Brooklyn Center youth. Fuad's assistance with the Community Services Division of the Brooklyn Center Police Department has allowed for the implementation of 'Extra Points,' a program that has been financed completely by Fuad Reveiz, in which area youth had an opportunity to view a Minnesota Vikings football game in person; and WHEREAS, Fuad Reveiz also made public appearances at the Shingle Creek Parkway Trail Clean -Up and the "D.A.R.E. to Bowl program." He donated his personal time to speak with and involve himself personally with the City of Brooklyn Center and its youth; and WHEREAS, Fuad Reveiz has allowed for the Community Services Division of the Brooklyn Center Police Department to meet and develop many new relationships with adults and youth in the city; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that his service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of Fuad Reveiz is hereby recognized and appreciated by the City of Brooklyn Center. Date Todd Paulson, Mayor ATTEST: Deputy 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 Council Meeting Date December 6.1993 Agenda Item Number �SQi REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: APPROVING TRANSFER OF CLASS B AND SUNDAY ON -SALE INTOXICATING LIQUOR LICENSE FROM CHI -CHI'S MIDWEST, INC., DBA CHI -CHI'S MEXICAN RESTAURANTE TO CHI -CHI'S USA, INC., DBA CHI -CHI'S MEXICAN RESTAURANTE. DEPT. APPROVAL: revor A. Hampton, Chief of Po ce MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Co nts below /attached SUMMARY EXPLANATION: (supplemental sheets attached no) • Chi -Chi's Midwest, Inc. applied for and received a Class B and Sunday On -Sale Intoxicating Liquor License for the establishment located at 2101 Freeway Boulevard within the City of Brooklyn Center in October of 1993. This location was previously owned and operated by GBM of Minnesota as a franchise operation. Since that time, Chi -Chi's Midwest, Inc. has merged with Chi -Chi's USA, Inc. Due to the fact that the makeup of the corporation's board has not changed, nor has the on -site general manager, it is proposed that the name change be completed with minimal investigation at this time. During the detailed investigations conducted earlier this fall, nothing was found in any of the background checks which would preclude this transfer from occurring. RECOMMENDED CITY COUNCIL ACTION The City Council approve transfer of a Class B and Sunday On -Sale Intoxicating Liquor License from Chi -Chi's Midwest, Inc., dba Chi -Chi's Mexican Restaurante to Chi -Chi's USA, Inc., dba Chi - Chi's Mexican Restaurante. CITY OF BROOKLYN CENTER Council Meeting Date 12/6/93 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: LICENSES DEPT. APPROVAL: Sharon Knutson, Deputy City Clerk MANAGER'S REVIEW/RECOMMENDATION: ° No comments to supplement this report Comments below /attached SUM MMY EXPLANATION: (supplemental sheets attached ) Attached is the list of licenses to be approved by the city council. • RECOMMENDED CITY COUNCIL ACTION Approve licenses. Licenses to be approved by the City Council on December 6, 1993: QASOLINE SERVICE STATION Brooklyn Center Municipal Garage 6844 Shingle Creek Pkwy Brooklyn Center Service, Inc. 6245 Brooklyn Blvd Northern States Power Company 4501 68th Ave N City Clerk ,a k_ MECHANICAL SYSTEMS Advanced Energy Services, Inc. 3650 Annapolis Lane Cedarview Heating and Cooling, Inc. 19187 Main St NW O'Keefe Mechanical, Inc. 7251 Washington Ave S Building Official Ak RENTAL DWELLINGS Tracy Rice 5801 Ewing Ave N Q Richard Arntson 4220 Lakeside Ave N Director of Community Development SIGN HANGER Lawrence Sign 945 Pierce Butler Route Building Official Ak- TOBACCO RELATED PRODUCT Brooklyn Center Municipal #1 1500 69th Ave N Brooklyn Center Municipal #2 6250 Brooklyn Blvd Brooklyn Center Municipal #3 1966 57th Ave N AA 11, City Clerk GENERAL APPROVAL: Sharon Knutson, Deputy City Clerk