HomeMy WebLinkAbout2017 Multiple Ordinances AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA )ss
COUNTY OF HENNEPIN
alene MacPherson being duly sworn on an
oath, states or affirms that he/she is the
Publisher's Designated Agent of the newspa-
pers)known as:
SC Edina
with the known office of issue being located
in the county of
HENNEPIN
with additional circulation in the counties of:
HENNEPIN
and has full knowledge oft the facts stated '-
below:
(A)The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat.§331A.02.
(B)This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 11/23/2017 and the last
insertion being on 11/23/2017.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
d. 1 clause (1)or(2). If the newspaper's
n office of issue is located in a county
oining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By: `J 1" ` ad.?
Designated Agent
Subscribed and sworn to or affirmed before
me on 11/23/2017 by Darlene MacPherson.
Notary Public
PAULINE L LEE
,i Notary Public Minnesota
My Commission Expires Jan 31,2021
Mnformation:
west classified rate paid by commercial users
for comparable space:
$34.45 per column inch
Ad ID 756247
•
CITY OF EDINA
ORDINANCE NO.2017-09
AN ORDINANCE AMENDING THE ZONING
ORDINANCE TO ESTABLISH THE PUD-13,PLANNED
UNIT DEVELOPMENT-13 ZONING DISTRICT
The City Of Edina Ordains:
Section 1. Chapter 36,Article VIII,Division 4 is hereby amended to
add the following:
Sec.36-506 Planned Unit Development District-13(PUD-13)
(a)Legal description:
See attached Exhibit A
(b)Approved Plans.incorporated herein by reference are the rede-
velopment plans, including the master development plan for the site
received by the City on October 19,2017 except as amended by City
Council Resolution No.2017-109 on file in the Office of the Planning
Department.
(c)Principal Uses:
All uses allowed in the PCD-2 Zoning District
Senior Residential,including senior independent living.
(d)Accessory Uses:
All accessory uses allowed in the PCD-2 Zoning District.
(e)Conditional Uses:
All conditional uses allowed in the PCD-2 Zoning District.
(f) Development Standards. In addition to the development stan-
dards per the PCD-2 Zoning District,the following shall apply:
Reguired
Building Setbacks
Front-Eden Ave 4 feet
Side-West 10 feet
• Side-East 10 feet(2 feet-screened
transformer)
Rear-North 26 feet
Buildino Heiaht Six Stories&80 feet
Maximum Floor Area Ratio 2.21%
FAR
Parkina Stalls212 stalls nci
r ' 1 '
Drive Aisle Width 24 feet
(g)Signs shall be regulated per the PRD Zoning District.
(h)Subject to the terms and conditions of that certain Development
Agreement by and between the City of Edina and CRP/TCC AA II Edina,
L.L.C.("Owner'),dated November 8,2017,for a period of fifteen(15)
years after the issuance of a certificate of occupancy for the residential
building to be constructed by Owner(or equal, including,temporary
certificate of occupancy),ten percent(10%)of the rentable area of the
apartment units shall be reserved for affordable housing for occupancy
by residents whose income is equal to or less than 50% of the area
median gross income (including adjustments for family size), for the
Minneapolis-Saint Paul-Bloomington Metropolitan Statistical Area, as
established and reported by the Minnesota Housing Finance Agency.
Section 2.This ordinance is effective upon approval by the Metropol-
itan Council of the Comprehensive Plan Amendment.
First Reading:July 18,2017
Second Reading:November 8,2017
Attest
/s/Debra A.Mangen,
City Clerk
/s/James B.Hovland,
Mayor
Published in the
Edina Sun Current
November 23,2017
756247
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA )ss
COUNTY OF HENNEPIN
Orlene MacPherson being duly sworn on an
oath, states or affirms that he/she is the
Publisher's Designated Agent of the newspa-
per(s)known as:
SC Edina
with the known office of issue being located
in the county of:
HENNEPIN
with additional circulation in the counties of:
HENNEPIN
and has full knowledge of the facts stated
below:
(A)The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat.§331A.02.
(B)This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 11/23/2017 and the last
insertion being on 11/23/2017.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage m
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
d. 1, clause (1) or(2). If the newspaper's
wn office of issue is located in a county
joining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By: (2 • 1" � 0"(,P
Designated Agent
Subscribed and sworn to or affirmed before
me on 11/23/2017 by Darlene MacPherson.
`_-RA
1 1_k C
Notary Public
PAULINE L LEE
Notary Public-Minnesota
+ +:M Commission Expires Jan 31,2021
Y P
Information:
jqWowest classified rate paid by commercial users
for comparable space:
$34.45 per column inch
Ad ID 756288
Page 22-Thursday,11-23,20117 ct rrentmnsun.com
CITY OF EDINA Wireless telecommunication facility means equipment used to provide incurred by the city in performing work pursuant to this article,and will
ORDINANCE NO.2017-12 wireless telecommunication or data services,including all antennas,radi- indemnity and save the city and its officers,agents and employees haml-
AN ORDINANCE AMENDING SECTIONS 2-724,24-49,24-50, os,support devices,equipment including ground equipment,associated less against any and all claims,judgment or other costs arising from any
24-51,24-53,24-56,24-58,24-61,34-20,34-46,36-10 AND cables,and attachments.It includes a small wireless facility unless a small excavation and other work covered by the permit or tor which the city,
ADDING SECTION 36-403 OF THE EDINA CITY CODE CON- wireless facility is specially exempted a excluded from the coverage of a council or any city officer may be liable by reason of any accident or injury
CERNING SMALL WIRELESS FACILITIES AND WIRELESS particular provision of this Cade. to persons or property through the fault of the permit holder,either in
SUPPORT STRUCTURES IN THE PUBLIC RIGHT-OF-WAY Wireline backhaul facility means a facility used to transport communi- Improperly guarding the excavation or for any other injury resulting from
THE CITY COUNCIL OF EDINA ORDAINS: cations data by wire from a wireless facility to a communications network. the negligence of the permit holder.The bond,letter of credit or cash
Section 1.Edina City Code Section 2-724 Is amended by adding the Section 4,Edina City Code Section 24-50 is amended by adding the deposit shall be released by the city upon completion of the work and
following fees and charges: underlined language and deleting the strikethrough language as follows: compliance with all conditions imposed by the permit.For permits allow-
Chapter and Purpose of Fee/Charge Amount - Seo.24-50.-Registration. Ing excavations within public streets,such bond,letter of credit or cash
Sect on (a)Annual registration required.No person shall construct,Install,re- deposit shall be held for a period of 24 months to guaranty the adequacy
24-51 Rent to occupy space on a $150 Per small wire- pair,remove,collocate,relocate or perform any work within any rightof- of all restoration work.
city-owned wireless support less facility per year way without first being registered pursuant to this section.Such registm- tic n for permits for multiole
tlon shall be made on an application form provided by the engineer and it multiple tIncludingr wireless
structure
Maintenance associated $25 Per small wire- shall be accompanied by the registration fee provided in section 2-724. facilities may be filed'n consolidated applications as required by Minn
A service or utility service operating under a franchise with the city shall Stat§237.163 subd.3(a1.Permit aoolications that propose collocation
with space occupied on a less facility per year register pursuant to this section,but need not provide the registration m- facilitiesti 1
city-owned wireless support formation required by subsection(b)of.this section,H such information facilities. I"
Electricity used to operate a $73 Per small wire- has been submitted pursuant to the franchise agreement.A person who cation nwith the requirements can^ 4
small wireless facility if not less facility per month per pays a franchise fee to the city in accordance with a franchise agreement (4)Applications to collocate on city owned structures.
small wed directly from t radio node less than per
shall be exempt from payment of a registration fee. P II f
facil ties on city
purchutility equal to de law watts ro)Registration information.The registrant shall provide the following r I of
Ormax at the time of registration and shall promptly notiy,the city of changes in the 'I o
The actual costs of such information: tabl'shed by the 'I A "der collocate ll
ectricity lf the acro- and Gopher Regis Om's allme,address,telephone number,facsimile number scontrolled
el
- el costs exceed$73 per registration certificate number,if required by state r or
law reau'red to acciv for or enter'nto any individual license.franchise,or other
radio node less than or (2)Name,address,telephone number and facsimile number of the per- agreement with the city or any other ent ty other than a standard small
equal to 100 max watts son responsible for fulfilling the obligations of the registrant. wireless facilitv collocation acreament if the city electsh an
Electricity used to operate a $182 Per small wire- (3)A certificate of insurance from a company licensed to do business in agreement,
tY Pe the state providing coverage in the following amounts:
It.Any nital mainemno survey and nirsoaratory construction work as-
small wireless facility if not as facility per month a.General liability.Public liability,Including premises,products and soc ated with collocation must be Daid by the cost causer in the forth of a
purchased directly from a per node over 100 max complete opamtions. onetime.nonrecurrina.commareally reasonable.
utility watts 1.Bodily injury liability:$1,000,000.00 each person,$3,000,000.00 committ I vely neutral charge to mccareir costs awocialed with,mcoceed
OR each occurrence. attachment.
The actual costs of 2.Property damage liability:$3,000,000.00 each occurrence.
c.The city may chame each small w ml�a facil N allached to a elty-
electricity if the actual 3.Bodily injury and property and damage combined:$3,000,000.00 2-724 in
costs exceed $182 per single limit. addition to other fees or chances allowed by law.
radio node over 100 max b.Comprehensive.Automobile liability insurance,including owned, (9 Permit issuance;conditions.
nonowned and hired vehicles. a,The engineer shall grant a permit upon finding the work will comply
Section 2.Edina City Code Section 24-49 is amended by adding the 1.=injury liability:$1,000,000.00 each person,$3,000,000.00 with applicable sections of this Code,The engineer may impose generally
un
deriined language and deleting the strikethrough language to the defi- each occurrence anolicable and reasonable conditions upon the issuance of the permit and
nition of City cost and Telecommunication rights-of-way user as follows: 2.Property damage liability:$3,000,000.00 each occurrence. the performance of the applicant thereunder to protect the public health,
City cost means the actual cost incurred by the city for public fights- 3.In lieu of subsections(b)(3)b.1 and 2 of this section,bodily injury and safety and welfare,to ensure the structural integrity of the right-of-way,to
of-way management;including,but not limited to,costs associated with property damaged combined:$3,000,000.00 single limit. protect the property and safety of other users of the rightof-way,and to
registering applicants;issuing,processing and verifying right-of-way gr Such certificate shall veriy that the registrant is insured against claims minimize the disruption and inconvenience to the traveling public.Place-
mall wireless facility permit applications;inspecting job sites and res- for personal injury,including death,as well as claims for property damage f small and other w reless facifit as shall not
toration projects;maintaining,supporting,protecting or moving facilities arising out of the use and occupancy of the right-of-way by the registrant, ified in state law including but not limited to Minn.Stats.6 237,163 or City
during public right-of-way work;determining the adequacy of right-of-way its officers,agents,employees and permittees,and placement and use Codd No permit shall be issued to anyone who has failed to register in
restoration;restoring work inadequately performed;mapping of as-built of equipment or facilities in the right-of-way by the registrant its officers, accordance with section 24-50.
locations of facilities located in rights-of-way;and revoking right-of-way agents,employees and permittees,including,but not limited to,protect- ItThe city has ninety(90)days after raceiv no a complete small wine-
permits or small wireless facility permits and performing all other tasks re- tion against liability arising from completed operations,damage of under- less facil
quired by this article,including other costs the city may incur in managing ground equipment and collapse of property.Such certificate shall also or the cermit will be automatically aD roved.The 90-dav period will be
the provisions of this article. name the city as an additional insured as to whom the coverage's required ifnotice to the applicant that the sooll-
Telecommunication rights-of-way usen herein are in force and applicable and for whom defense will be provided catlon for a small wireless facility permit is incomplete within th rty(301
(1)The term"telecommunication rightsof-way user"means a person as to all such coverage's.Such certificate shall require that the engineer days of receot of the application that clearly and specifically delineates
ring or controlling a facility in the public tight-of-way,or seeking to own be notified 30 days prior to cancellation of the policy. all miss'no documents or information.Information delineated in the notice
or control a facility In the public right-of-way,that is used or is intended (4)24-hour emergency number. publicly t
to be used for providing wireless service a transporting telecommuni- (5)An acknowledgment by the registrant of the indemnification pursuapplication and reasonably related to the city's cleterminat on of whether
-
cation or other voice or data information.For purposes of this article,the ant to section 24-65(b). the proposed eeumment falls within the definition of a small wireless fee I-
ter m"cable communication system"is defined and regulated under Minn. (6)Such other information the city may require. 'ty and whether the orogosed rleclovment satisfies all healthsafety.and
Stats.§238.02 at seq. (c)Exceptions.The following are not subject to the requirements of welfare regulations acolicable to the small wireless facility permit request.
(2)The term'telecommunication rights-of-way user'does not mean this section: r t f add tional documents
a cable commun cation system defined and regulated under M'nn Stats (1)Persians planting or maintaining boulevard plantings or gardens. Information n response to a noticeIcity shall notifv
Ch.23&and telecommunication activities related to providing natural gas (2)persons erecting fences,installing driveways,sidewalks,curb and the applicant in writing of any information requested in the initial notice
or electric energy services,a public utility as defined in Minn.Stall 6 gutter,or parking lots. of incompleteness that 1,at 11 missino.Second or a,bswuent not cet,of
B (3)Persons engaged in snow removal activities. incomDleteness mav not sne itv documents or Informal on that were not
(4)Persons installing street furnishing,bus stop benches and shelters. n t
telecom- re of Incompleteness.Reauests for informa-
(5)Persons installing vending machines.
chapter t to the (6)Parsons installing irrigator,systems. day clock at my time it the City race ves—Dilcation,within a sinde se
extent these entities aro providing wireless services. (7)Federal,state,county and city agencies
. en-dav oenod from one or mom aool cents seek no aoDmal of permits
Section 3.Edina City Code Section 24-49 is amended by adding the (8)Persons Installing pet containment systems. for mom than 30 small wimleas fac,I ties.the Cltv may extend the 90-day
following definitions: - (9)Plumbers licensed In accordance with article IX of chapter 10. deadline mDosed in state law by an additional 30 days.If the City elects to
Collocate or Collocation means to install,mount,maintain,modify,oP (10)Persons acting as agents,contractors a subcontractors for a reg- a—licant to whom the
erate,or replace a small wireless facility on,under,within,or adjacent to isha t who has properly registered in accordance with this section. extension will be aoolied it the maineer does not act or,an—olication
an existing wireless support structure that is owned privately or by a local (d)Tenn.Registrations issued pursuant to this article shall expire on for a small wireless facility within the 91 period.or any applicable
government unit. September 1 of each calendar year extension,the Dermiti
Micro Wireless Facility means a small wireless facility that Is no larger Section 5.Edina Clry Code Section 24-51 is amended by adding the facility permit application must be in writing as reauired by section 24-56.
than 24 inches long,15 inches wide,and 12 inches high,and whose exte- underlined language and deleting the strikethrough language as follows: c,The permit shall be kept on the site of the work while it is in progress,
nor antenna,if any,is no larger than 11 inches. Sec.24-51.-Permit required;bond;exceptions. in the custody of the individual in charge of the work.The permit shall be
Small wireless facility means No person shall excavate,dig,tunnel,ccllgl trench or install any exhibited upon request made by any city official or police officer.
(1)a wireless facility that meets bah of the following qualifications: facilities,equipment or Improvements above,on or beneath the surface of d.The Dermittee shallscreen
all tl facilities.
('1 each antenna Is located inside w enclosure of no more than six cu- any right-of-way in the city or any property owned by the city without first shall include (h and/or r with rock
bic feet in volume a,in the case of an antenna that has exposed elements, obtaining a permit pursuant to this section. installation facility.
the antenna and all its exposed elements could fit within an enclosure of (1)Application;tee.An application for a permit shall be made on forms facility
no more than six cubic feet;and provided by the engineer and shall be accompanied by the fees set forth rel
pl all other wireless equipment associated with the small wireless facil- in section 2-724 which are established to reimburse the city for city costs. structures or
try,excluding electric meters,concealment elements,telecommunications A person who pays a franchise fee to the city in accordance with a franI.The eng ree,may moose re sonable restocking.replacement.or re,
-
demarcation boxes,battery backup power systems,grounding equip- chile,agreement shall be exempt from the payment of permit fees.If the
ment,power transfers switches,cutoff switches,cable,onduit,vertical work is to be performed by an agent,contractor or subcontractor on be- a public rightof-wa
cable runs for connection of power and other services,and any equipment half of a registrant,such application shall be signed by the registrant.The I@)Exceptions.No permit shall be required for the following:
concealed from public view within or behind an existing structure or con- application shall also be accompanied by the following: a.Landscaping work.
cealment,is in aggregate no more than 28 cubic feet in volume;or a.Scaled drawings showing the location of all facilities and improve- b.Fences,driveways,sidewalks,curb and gutter,and parking lots,
(2)a micro wireless facility. ments proposed by the applicant. street furnishings,bus stop benches,shatters,posts and pillars.
Utility pole means a pole that is used in whole or in part to facilitate b.A description of the methods that will be used for installation. a Snow removal activities.
telecommunications or electric service. c.A proposed schedule for all work. d.Vending machines.
Wireless facility means equipment at a fixed location that enables the d.The location of any public streets,sidewalks or alleys that will be e.Irrigation systems,provided that the system does not connect direct-
provision of wireless services between user and equipment and a wireless temporarily closed to traffic during the work. ly to water mains in the right-of-way.
service network,including:(1)equipment associated with wireless ser- e.The location of any public streets,sidewalks or alleys that will be f.Activities of the city.
vice;(2)a radio transceiver,antenna,coaxial or fiberoptic cable,regular disrupted by the work. g.Installation and maintenance of sewer or water services,
and backup power supplies,and comparable equipment,regardless of I.A description of methods for restoring provided
technological configuration;and(3)a small wireless facility.Wireless facil- m ted b the work. 9 ant Public improvements tlis- ley no
all work confined too work d portions of rights-of-wayalai
ity does not include:(1)wireless support structures,(2)wireline backhaul p y eye prove po a
g.Any other information reasonably required by the be reasonably
provided easements.
facilities,or(3)coaxial or fiber-optic cables between utility poles or wire- that for a small wireless facility such information must be re=sonably mer
less support structures,or that are not otherwise immediately adjacent to the application for comittliance1 le state law a censon is not m facility--it
or directly associated with a specific antenna. and reasonable heaith safety and welfare moulations and to demonstrate fee obtain
Wireless service means any service using licensed or unlicensed wire- compliance with alaDlicable Federal Communicat on,Commissionfacility collocation agreement solely in order to conduct env of the fgllgw-
less spectrum,including the use of WI-Fi whether at a fixed location or tions gyyerning radio frequan no activities
by means of a mobile device,that Is provided using wireless facilities. (2)Security.For companies of operating under a franchise with the a.routine me ritenance of a small wireless facility:
Wireless service does not include services regulated under Title VI of the city,a surety bond,letter of credit or cash deposit in the amount data- II
Communications Act of 1934,as amended,including a cable service un- mined by the engineer but not less than$5,000.00,shall be required from stantially similar or smaller in size.weight,height,and wind or stmctuml
der United States Code,title 47,section 522 clause(6). each applicant.A surety bond shall be from a corporate surety authorized loading than the small wireless facility being rartlaced,
Wireless support structure means a new or existing structure in a public to do business in the state.Security required pursuant to this subsection
right-cif-way designed to support or capable of supporting small wireless shall be conditioned that the holder will perform the work in accordance CONTINUED...
facilities,as reasonably determined by the City. with this article and applicable regulations,will pay to the city any costs
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA )ss
COUNTY OF HENNEPIN
arlene MacPherson being duly sworn on an
oath, states or affirms that he/she is the
Publisher's Designated Agent of the newspa-
per(s)known as:
SC Edina
with the known office of issue being located
in the county of:
HENNEPIN
with additional circulation in the counties of:
HENNEPIN
and has full knowledge of the facts stated
below:
(A)The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat.§331A.02.
(B)This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 11/23/2017 and the last
insertion being on 11/23/2017.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage rt
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
0jobd. 1, clause (1)or(2). If the newspaper's
wn office of issue is located in a county
ining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By: IJ -
Designated Agent
Subscribed and sworn to or affirmed before
me on 11/23/2017 by Darlene MacPherson.
Notary Public
PAULINE L LEE
.. Notary Public-Minnesota
;kd " My commission Expires is 31,2021
Information:
owest classified rate paid by commercial users
for comparable space:
$34.45 per column inch
Ad ID 756323
current.mlTtdtlXbtW Noirsday,Nniv.23;201'?aPage23
(...CONTINUED)CITY&6DINk- drants,valves,lift stations or manholes in areas where utility easements safety,or Welfare`oi'the community.
ORDINANCE NO.2017-12 - exist beyond the right-of-way.In those areas in which no utility easement In.Ground mounted equipment associated with the wireless telworn-
c.in ance.operation.or replacement of exists,placement of an underground facility shall be between the edge of munication facility shall meet the following performance standards:
micm wireless facilities that are suspended on cablespavement and no closer than three feet to an existing city utility appurts- 1.Be set back a minimum of ten feet from the travelled portion of
istino atilitvf nance unless an alternate location is approved by the city. rights-of-way;
P t (12)Buried telecommunication facilities must have a locating wire or 2.13e separated from a sidewalk by a minimum of three feet;
advance notification of these activities lt the work will pbsbuct a puhlic conductive shield,except for di-electric cables. 3.Be set back a minimum of 50 feet from the nearest intersecting right-
riaht-pf-way. (13)Buried fiber facili0es must be placed in a conduit of a type deter- of-way line;
Section 6.Edina City Code Section 24-53 is amended by adding the mined by the right-of-way user unless the permit holder obtains a waiver 4.Be separated from the nearest ground mounted wireless telecorn-
underiined language and deleting the strikethrough language as follows: from the city. munication equipment installation on the same black face by a minimum
Sac.24-53.-Standards for construction and installation. (c)Standards fel installation of overhead facilities.When installing fa- of 330 feet unless the equipment is placed underground,except mere
(a)General standards.The excavation,backfilling,patching restoration cilibes overhead all wires must be a minimum of 18 feet above ground and shall be no min mum secarat on d stances between small wrimless fack
and all other work performed in the right-of-way must be done in con- at a location that does not interfere with traffic signals,overhead signs, hies:
mrmance with all applicable Minnesota Rules,including without limits- or street lights. 5.If located adjacent to residential uses,ground mounted equipment
her
Minnesota Rules Chapter 7560,Rules 7819.1100,7819.5000 and (d)Standards for wireless telecommunication facilities. shall be limited to three feet in height above grade and 27Q cubic feet in
781 9.5100,as well as all of the requirements of this City Code and its 11)Purpose.The city desires high quality wireless communication ser- cumulative size;
other conditions and requirements in so far as they are not inconsistent vices to accommodate the needs of residents and businesses.At the 6.If located adjacent to non-residential uses,ground mounted equip-
with Minn.Stats.§§237.162 to 237.163.The permit holder shall comply same time,the city strives to minimae the negative impacts that wireless ment shall be limited to five feet in height above grade and 81 cubic feet
with the following standards when performing the work authorized under telecommunication facilities can have on aesthetics and public safety.Due In cumulative size;
the permit: to the many services that must be delivered within its limited area,the 7.Ground mounted equipment located outside the public right-of-way
(1)Take such precautions as are necessary to avoid creating unsanitary city also strives to avoid unnecessary encumbrances within the public must meet the requirements of chapter 34;and
conditions.Observe and comply with all laws,rules and regulations of the rightof-way.The city allows and regulates wireless telecommunication tai- 8.Vegetative or other screening compatible with the surrounding area
stateand city. ciRles outside of the public rightrof-way through performance standards shall be provided around the ground mounted equipment if deemed nec-
(2)Conduct the operations and perform the work in a manner as to and height limits.The purpose of this article is to regulate wireless tele- essary by the city public works director or designee.
Insure the least obstruction to and interference with traffic. communication facilities within the public right-of-way in a manner that 1.Wireless telecommunication facilities in the right-of-way shall be
(3)Take precautions to insure the safety of the general public and those balances desire for service with aesthetic,public safety,and right-of-way removed and relocated at city request subject to the provisions of this
who require access to abutting property flexibility concerns. article.
(4)Notify adjoining property owners prior to commencement of work Public rightsof-way are appropriate locations for wireless telacommu- (4)New poles.
which may disrupt the use of and access to such adjoining properties. nication facilities that present minimal impacts(e.g.,small pole attach- a.The erection in the right-of-way of a new pole to support wireless
(5),Comply with the Uniform Traffic Manual for Traffic Control at all ments that do not require new poles,do not require pole extensions,and telecommunication facilities is not allowed,except:
times during construction or installation. do not have associated ground mounted equipment).Wireless telecom- 1.When attachment to existing utility or city poles is not feasible;or
(6)Exercise caution at all times for the protection of persons,including munication facilities that require greater heights than can be afforded by 2.The new pole is owned by the city;or
employees and property. existing poles in the public right-of-way and that require ground mounted 3.When the polef a w reless suDDDrt structure.
(7)Protect and identify excavations and work operations with barricade equipment are mare appropriately sited outside the public right-of-way. b.New poles when allowed shall not exceed 35 feet in height and four
flags and by warning lights at night. The city recognizes,however,that as wireless technology advances,some feet in circumference,exceot that new wireless su000rt structures located
(8)Provide proper trench protection as required by O.S.H.A_when nes- residential areas of the city may be hard to serve with wireless technolo- h the publicright-of-way I t exceed 50 feet in height above around
essary and depending upon the type of soil,in order to prevent cave-ins gy due to the lack of siting alternatives in the immediate vicinity.In such IevQ1.Replacement wimliess sunnort smactures shall not exceed 50 feet in
endangering life or tending to enlarge the excavation. areas,where no aftemative non-right-of-way locations are available,wire heaht above around level or the he a
-
(9)Protect the root growth of toes and shrubbery. less telecommunication facilities that require pole extensions and ground structurewhichever(a greaten
(10)If possible,provide for space in the installation area for other tele- equipment will be allowed in the public right-of-way subject to the requlre-
communication right-of-way users and other companies which install fa- mants of this article which are meant to protect the public health,safety, sons of article 11 of chapter 10,ncluding wind loading r-umments set
cilities in public rightsof-way. and welfare.Small wireless facilities and wireless suDDgrt structum will forth in the state buildino code.
01)Maintain access to all properties and cross streets during con- also be allowed in the public dght-gf-waythis article. d.W reless support structures and small wireless facilid
struction and installation,except as allowed by permit,and maintain (2)Wireless telecommunication facilities as pole attachments.Wireless
grounded V Drotection anginal:a direct strike by lightnino and shall com-
emergency vehicle access at all times. telecommunication facilities that comply with the following requirements Div.as to electrical wiring and connections.with ll amlicable
(12)Maintain alignment and grade unless otherwise authorized by the may be attached to existing or replacement public utility or city structures of this Code.
city.Changes not approved by the city will require removal and recon- ("public utility structure)within the rightof-way,after issuance of a pole ll have
structionattachment permit: affixed to it anv sians.bannem or olwards of am,
(13)During plowing or trenching of facilities,a warning tape must also a.The wireless telecommunication facility shall not extend more than not war ten square inches in area may be affixed ind cating the name of
be placed at a depth of 12 Inches above copper cables with over 200 pairs ten feet above the top of the existing public utility structure in place on the manufacturer or instailerl nor shalln
and above fiber facilities. prior to May 30 2017 and the height of the existing public utility structure other Ilium natingc t as rec,ired by the Federal
(14)Below concrete or bituminous paved road surfaces,directional shall not be increased to accommodate the wireless telecommunication Aviation Administraton or Federal Communications Commiwi,n,except
bare facilities must be installed in conduit of a type specified in the pernnit. facility. that a banner or sian raw be attached to a wireless support structure or
(15)The placing of all telecommunications facilities must comply with b.If the public utility structure must be replaced to structurally accom- small wireless facility at the citv's request to conform to other wireless
the National Electric Safety Code,as incorporated by reference in Minn. models the wireless telecommunication facility,the replacement public su000rt structures or small wireless facilities.
Stats.§326.243. utility structure height shall not exceed 50 feet above around level or the I.No wireless support structum shall have constructed on it.or at-
(16)Locate property lines near right-of-way lines and replace any de- height of the existing public utility structure height whichever is greater
strayed property comers.A Minnesota licensed surveyor must be used. and the replacement public utility structure diameter shall not exceed the turs.ex,at structures necessarri for the maintenance of small wireless
(17)Excavations,trenches and jacking pits off the roadway or adjacent existing public utility structure diameter by mom than 50 percent 1dglllllee,
to the roadway or curbing shall be sheathed and braced depending upon c.Except for wuinmmt associated If Tthe h,All wireless surmort structures shall be constructed of c
location and soil stability and as directed by the city. wireless telecommunication facility shall not be larger than seven cubic sistant steel or other cormsive-resistant.noncombustible
(18)Excavating,trenches and jacking pits shall be protected when un- feet and shall have no individual surface lager than four square feet.,fpr gIL less suowrt structures shall not be conistaicted or made of vmd.includ
attended to prevent entrence of surface drainage, wini facilities I redai raiment,far small vyine nor I rnbers or I—-,act that,wood wireless scmoort structure an,be
(19)All backfilling must be placed insix-inch layers at optimum mois- lsss facilities as defined in this Chapter.
tore and compacted with the objective of attaining 95 percent of standard d.The wireless telecommunication facility shall not extend outward i.No part of am,wireleas s-Doat structure or small wireless facilitv.
procto.Compaction shall be accomplished with hand,pneumatic m vi- from the existing pole or tower or arts thereof by more than two and onaor any lines cabi—equipment wines or basses,used in connection with
-
brating compactors as appropriate. half feet from each side of the ogle or tower,except that an antenna oneany wireless swwort strwture or small wireless facility shall at anny finne.
-
(20)Backfill material shall be subject to the approval of the city public half inch in diameter or less may extend an additional six inches. extend acroas or over anv Dart at the stmet.sidewalk or allev.
works director.The city public works director may permit backfilling with e.The wireless telecommunication facility shall include no ground f monowle des an arid shall
the material from the excavation provided such material is granular in na- mounted equipment within the rights-of-way.Small wireless facilities are blend nto the surround no environment through the ,a of colon carro,
Lure and acceptable to the city public works director, exemm from this Tem flapino and other architectural treatment
(21)Compacted backfill shall be brought to bottom of the gravel of the f.The wireless telecommunication facility shall not interfere with public k.No mail wireless fwilitv shalt interfere w th public mister telecom
apip street section. safety communications. .muni cations.
(22)Street and pedestrian traffic shall be maintained throughout con- g.Wireless telecommunication facilities in the right-of-way shall be re- (5)Charges.In addition to the permit fees outlined in this chapter,the
struoion unless provided otherwise by the permit. moved and relocated at city request subject to the provisions of Minn. city reserves the right to change telecommunication providers for their use
(23)Nolugs damaging to madway surfaces may be used. Stats.§§237.162-237.163. of the public right-of-way to the extent that such charges are allowed un-
(24)Dirt or debris must be periodically removed during construction. It.The wireless telecommunication facility shall not block light enanat- der law.Telecommunication providers shall be responsible for payment of
(25)Other reasonable standards and requirements of the city public Ing from the public utility structure and shall not otherwise interfere with property taxes attributable to their equipment in the public right-of-way.
works directo, the original use of the public utility structure. Section 7.Edina City Code Section 24-56 is amended by adding the
(b)Standards for installation of underground utilities.The permit holder f underlined language and deleting the strikethrough language as follows:
shallcomplywith the following standards when installing facilities under- May 30.2017 shall not exceed 50 in height above amund level. Sec.24-56.-Denial of permit.
ground: (3)Wireless telecommunication tac,lities as pole extensions or with The engineer may deny a permit due to the following:
(1)Underground facilities must be placed as far off the roadway as ground mounted equipment.Except as provided in subsection(2)above, (1)Failure to register pursuant to section 24-50.
possible to provide access from outside of the paved area. wireless telecommunication facilities that require increased public utility (2)A proposed excavation within a street or sidewalk surface that has
(2)Buried facilities shall be at a minimum depth of three feet and a structure height or that have ground mounted equipment may be erect- been constructed or reconstructed within the preceding five years,unless
maximum depth of four feet unless an alternate location is approved in ad in the public right-of-way only when in compliance with the following the engineer determines that no other locations are feasible or when ne-
advance by the city public works director Buried copper facilities below provisions and after issuance of a pole attachment permit or excavation cessitated by an emergency.
concrete or bituminous paved road surtaces must be placed at no less Permit: (3)The applicant is subject to revocation of a prior permit issued pur-
than three feet but no more than four feet deep.Other boded copper fat- a.The applicant shall demonstrate to the satisfaction of the city pub- suant to this article.
cilities must be placed at a minimum depth of 30 inches and a maximum lic works director that the wireless telecommunication facility cannot (4)The proposed schedule for the work would conflict or interfere with
depth of four feet. be placed in a code complying location outside the right-of-way within an exhibition,celebration,festival or any other similar event.
(3)Crossing of streets and hard surfaced driveways shall be directional one-quarter mile of the proposed location.Wireless support structures (5)The rightof-way would become unduly congested due to the pro-
bored unless otherwise approved by the city public works director and small wireless facilities me exemat from this item posed facilities and equipment when combined with other uses in the
(4)If construction is open cut,the permit holder must install the visual b.The replacement public utility structure,including lightning rods and nghtof-way,as provided in section 24-61(c).
tracers within 12 inches and over buried facilities.If other construction all other attachments,shall net exceed 50 feet in height above amund (6)Businesses or residences in the vicinity will be unreasonably dis-
methods are used,substitute location methods will be considered. leyel or the height of the existing public utility structure whichever'a great- rupted by the wok.
(5)The permit holder shall register with Gopher Stele One Call and et by i a e if sit-1SWet.Once the height of a public utility structure has (7)The proposed schedule conflicts with scheduled total or partial re-
comply with the requirements of that system. been increased under the provisions of this article,the height shall not be construction of the right-of-way..
(6)Compaction in trench shall be 95 percent of standard proctor and fuller increased. (8)The applicant fails to comply with the requirements of this article or
copies of test results will be submitted to the city public works director. c.The replacement public utility structure diameter shall not exceed the other sections of this Code.
Tests will be required at the discretion of the city public works director. existing public utility structure diameter by more than 50 percent, f a daht-of-wav or small wireless facilliv permit shall be
Tests must be conducted by an independent testing firth at locations ap- d.The wireless telecommunication facility shall not extend outward made in writingdocument the basis for the den al, The city
proved by the city public works director.Recompactlon and new tests will from the public utility structure by more than two feet on any side shall notifv a telecommunications right-of-wav user in wr'I no within three
be required if densities are not met. e.If feasible and desirable,as determined by the city public works di- bus ness days of the decision IQ
n
(7)The facilities shall be located so as to avoid traffic signals and signs rector,the replacement public utility structure shall match the original andright-ef-wev user may cure the deficien,
which are generally placed a minimum of four feet behind the cum. surrounding public utility structures in materials and color c as identified .If the telecommu-
(8)When utilizing thenchless installation methods to cross an area in f.The wireless telecommunication facility shall not interfere with public mcabQns right-cf-way user resubmits the mail cation w thin 30 dants of
which a municipal utility is located,and when directed by the city,the safety communications. t be chanced an additional filino
permit holder shall excavate an observation hole over the utility to ensure g.A pole attachment or excavation permit for a wireless telecommuni- application
that the city utility is not damaged. cation facility that has ground mounted equipment will be issued only if: w thin 30 days after the ravigedAppAQ
(9)All junction boxes or access points shall be located no closer than 1.The ground mounted equipment will not disrupt traffic or pedestrian Section 8.Edina City Code Section 24-58 is amended by adding the
ten feet from city hydrants,valves,manholes,lift stations or catch basins circulation; underlined language and deleting the shikethrough language as follows:
unless an alternate location is approved by the city. 2.The ground mounted equipment will not create a safety hazard; Sec.24-58.-Revocation of permits.
(10)Underground facilities shall not be installed between a hydrant and 3.The location of the ground mounted equipment minimizes impacts
an auxiliary valve. on adjacent property;and
(11)Underground facilities shall not be installed within five feet of try- 4.The gmund mounted equipment will not adversely impact the health, CONTINUED...
AFFIDAVIT OF-PUBLICATION
STATE OF MINNESOTA )ss
COUNTY OF HENNEPIN
Darlene MacPherson being duly sworn on an
oath, states or affirms that he/she is the
Publisher's Designated Agent of the newspa-
per(s)known as:
SC Edina
with the known office of issue being located
in the county of:
HENNEPIN
with additional circulation in the counties of:
HENNEPIN
and has full knowledge of the facts stated
below:
(A)The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat.§331 A.02.
(B)This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 11/23/2017 and the last
insertion being on 11/23/2017.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication ,of--mortgage v
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
0djbd. 1, clause (1) or(2). If the newspaper's
own office of issue is located in a county
oining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By: d�� N�al.
Designated Agent
Subscribed and sworn to or affirmed before
me on 11/23/2017 by Darlene MacPherson.
Notary Public
PAULINE L LEE
1 Notary Public-Minnesota
My commission Expires Jan 31,2021
0Information:
owest classified rate paid by commercial users
for comparable space:
$34.45 per column inch
Ad ID 756339
(...CONTINUED)CITY OF EDINA less spectrum,including the use of Wi-Fi whether at a fixed location or
ORDINANCE NO.2017-12 by means of a mobile device, that is provided using wireless facilities.
The engineer may revoke any permit,without a fee refund,if there is a Wireless service does not include services regulated under Title VI of the
• substantial breach of the terms and conditions of any statute,this Code, Communications Act of 1934,as amended,including a cable service un-
rule or regulation,or any condition of the permit which substantial breach der United States Code,title 47,section 522 clause(6).
shall continue uncured for ten calendar days after the issuance of a writ- Wireless support structure means a new or existing structure in a pub-
ten order of the engineer.A substantial breach of a permit holder shall lic right-of-way designed to support or capable of supporting small wire-
include,but shall not be limited to,the following: less facilities,as reasonably determined by the city.
(1)The violation of any material provision of the permit; Wireline backhaul facility means a facility used to transport communi-
(2)An evasion or attempt to evade any material provision of the permit, cations data by wire from a wireless facility to a communications network.
or the perpetration or attempt to perpetrate any fraud or deceit upon the Section 11.Edina City Code Section 34-46 is amended by adding the
city or its citizens; underlined language and removing the strikethrough language as follows:
(3)Any material misrepresentation of fact in the application for a per- Sec.3446.-Required;exemptions.
mit; No antenna,dish antenna or tower of any kind shall be erected,con-
(4)The failure to maintain the required bonds and insurance; structed or placed, or re-erected,reconstructed or replaced,anywhere
(5)The failure to complete the work in a timely manner;or within the city without first making an application for and obtaining a per-
(6)The failure to correct a condition indicated on an order issued by mit from the city.Provided,however,no permit shall be required for the
the engineer. following:
Any revocation of a right-of-way or small wireless facility permit must (1)Dish antennas not greater than nine square feet in cross sectional
be made in writing and must document the basis for revocation.The cily area,which do not exceed six feet in height.
must notify the telecommunications right-of-way user in Writing within (2)All towers or other antennas which do not exceed six feet in height.
three business days of the decision to revoke a permit. (3)Antennas,dish antennas and towers erected or constructed by the
Section 9.Edina City Code Section 24-61 is amended by adding the city for city purposes.
underlined language and deleting the strikethrough language as follows: (4)Structures and facilities directly related to the provision of services
Sec.24-61.-Location of facilities and equipment. by a public utility,including,but not limited to,water towers,lights,sig-
(a) Undergrounding by telecommunications right-of-way users. Any nals,power and telephone poles and poles supporting emergency warn-
new construction and the installation of new equipment and replacement ing devices.
of old equipment of telecommunication right-of-way users shall be un- (5)Wireless support structures and small wireless facilities located in
derground or contained within buildings or other structures in conformity the public right-of-way.These facilities are regulated under Chapter 24.
with applicable codes. Provided, telecommunications right-of-way us- Section 12.Edina City Code Section 36-10 is amended by adding the
ers may attach equipment and facilities to existing poles and structures following definitions:
maintained by a service or utility service and install small wireless facilities Collocate or Collocation:to install,mount,maintain,modify,operate,
and wireless support structures located in the public right-of-wayas12er- or replace a small wireless facility on, under, within, or adjacent to an
mitted by the City Code. existing wireless support structure that is owned privately or by a local
(b)Corridors.The engineer may assign specific corridors within the government unit.
right-of-way,or any particular segment thereof,as may be necessary,for Micro wireless facility:a small wireless facility that is no larger than
each type of equipment that is or, pursuant to current technology, the 24 inches long,15 inches wide,and 12 inches high,and whose exterior
engineer expects will someday be located within the right of-way.All per- antenna,if any,is no longer than 11 inches.
mits issued by the engineer involving the installation or replacement of Small wireless facility:a wireless facility that meets both of the fol-
equipment shall designate the proper corridor for the equipment at issue. lowing qualifications:(1)each antenna is located inside an enclosure of
(c)Limitation of space.To protect health and safety,the engineer shall no more than six cubic feet in volume or,in the case of an antenna that
• have the power to prohibit or limit the placement of new or additional has exposed elements,the antenna and all its exposed elements could
equipment within the right-of-way if there is insufficient space to accom- fit within and enclosure of no more than six cubic feet;and(2)all other
modate all of the requests of registrants or persons to occupy and use wireless equipment associated with the small wireless facility,excluding
the right-of-way.In making such decisions,the engineer shall strive to the electric meters, concealment elements, telecommunications demarca-
extent possible to accommodate all existing and potential users of the tion boxes,battery backup power systems,grounding equipment,power
right-of-way,but shall be guided primarily by considerations of the public transfers switches,cutoff switches,cable,conduit,vertical cable runs for
interest,the public's needs for the particular utility service,the condition connection of power and other services,and any equipment concealed
of the right-of-way,the time of year with respect to essential utilities,the from public view within or behind an existing structure or concealment,
protection of existing equipment in the right-of-way,and future city plans is in aggregate no more than 28 cubic feet in volume;or a micro wireless
for public improvements and development projects which have been de- facility
termined to be in the public interest. Wireless facility:equipment at a fixed location that enables the provi-
Section 10.Edina City Code Section 34-20 is amended by adding the sion of wireless services between user and equipment and a wireless ser-
following definitions: vice network,including:(1)equipment associated with wireless service;
Collocate or Collocation means to install,mount,maintain,modify,op- (2)a radio transceiver,antenna,coaxial or fiber-optic cable,regular and
erate,or replace a small wireless facility on,under,within,or adjacent to backup power supplies,and comparable equipment,regardless of tech-
an existing wireless support structure that is owned privately or by a local nological configuration;and(3)a small wireless facility.Wireless facility
government unit. does not include: (1)wireless support structures, (2)wireline backhaul
Micro Wireless Facility.A small wireless facility that is no larger than facilities,(3)coaxial or fiber-optic cables between utility poles or wireless
24 inches long,15 inches wide,and 12 inches high,and whose exterior support structures,or that are not otherwise immediately adjacent to or
antenna,if any,is no longer than 11 inches. directly associated with a specific antenna.
Small wireless facility means Wireless service: any service using licensed or unlicensed wireless
(3)a wireless facility that meets both of the following qualifications: spectrum, including the use of Wi-Fi whether at a fixed location or by
(i)each antenna is located inside an enclosure of no more than six means of a mobile device,that is provided using wireless facilities.Wire-
cubic feet in volume or,in the case of an antenna that has exposed ele- less service does not include services regulated under Title VI of the
ments,the antenna and all its exposed elements could fit within an enclo- Communications Act of 1934,as amended,including a cable service un-
sure of no more than six cubic feet;and der United States Code,title 47,section 522 clause(6).
(ii) all other wireless equipment associated with the small wireless Wireless support structure:a new or existing structure in a public right-
facility,excluding electric meters,concealment elements,telecommuni- of-way designed to support or capable of supporting small wireless facil-
cations demarcation boxes, battery backup power systems,grounding ities,as reasonably determined by the City.
equipment, power transfers switches, cutoff switches, cable, conduit, Wireline backhaul facility:a facility used to transport communications
vertical cable runs for connection of power and other services,and any data by wire from a wireless facility to a communications network.
equipment concealed from public view within or behind an existing strut- Section 13. Edina City Code is amended by adding Section 36-403
ture or concealment,is in aggregate no more than 28 cubic feet in vol- as follows:
ume;or Sec. 36-403 Permitted Placement of Small Wireless Facilities and
(4)a micro wireless facility. Wireless Support Structures
Wireless facility means equipment at a fixed location that enables the Notwithstanding any other provision of this Code,the placement of
provision of wireless services between user and equipment and a wireless small wireless facilities and wireless support structures to accommodate
service network, including: (1)equipment associated with wireless ser- small wireless facilities are a permitted use in a public right-of-way.
vice;(2)a radio transceiver,antenna,coaxial or fiber-optic cable,regular Section 5.This ordinance is effective November 22,2017.
• and backup power supplies,and comparable equipment, regardless of First Reading:November 8,2017
technological configuration;and(3)a small wireless facility.Wireless facil- Second Reading:Waived
ity does not include:(1)wireless support structures,(2)wireline backhaul Attest:Debra A.Mangan,City Clerk
facilities,or(3)coaxial or fiber-optic cables between utility poles or wire- James B.Hovland,Mayor
less support structures,or that are not otherwise immediately adjacent to Published in the
or directly associated with a specific antenna. Edina Sun Current
Wireless service means any service using licensed or unlicensed wire- November 23,2017
756288,756323,756339
AFFIDAVIT OF PUBLICATION CITY OF EDINA 2.Vernon:3 feet.
ORDINANCE NO.2017-06 b. Side—East:15 feet.
STATE OF MINNESOTAAN ORDINANCE c. Rear—West:10 feet.
COUNTY OF HENNEPIN )ss AMENDING THE ZONING (2)Building height:3-1/2 stories
ORDINANCE TO REVISE 54 feet
THE PUD,PLANNED (3) Building coverage: 45 per-
arlene MacPherson being duly sworn on an UNIT DEVELOPMENT-5 cent.
oath, states or affirms that he/she is the DISTRICT AT 5109-5125 (4)Parking stalls(Residential):2
Publisher's Designated Agent of the newspa- WEST 49TH STREET enclosed stalls per unit.
The City Of Edina Ordains: Section 2.This ordinance is ef-
per(s)known as: Section 1. Chapter 36, Article fective immediately upon its pas-
VIII, Division 4 is hereby amended sage and publication.
SC Edina as follows: First Reading:June 20,2017
Sec.36-492.-Planned Unit De- Second Reading:August 16,2017
velopment District-5; 5109-5125 Attest Debra A.Mangen,City Clerk
with the known office of issue being located West 49th Street-The Villas. James B.Hovland,Mayor
in the county Of: (a)Legal description: Published in the
HENNEPIN (1) Lot 3, 4, 5 and 6, and all Edina Sun Current
with additional circulation in the counties of: that part of Lots 9, 10, 11 and October 26,2017
HENNEPIN 12 lying North of State Highway 747619
No. 5, Block 4, Tingdale Bros.'
and has full knowledge of-the=facts stated Brookside-,except that part of Lot
below: 12 which lies southeasterly of the
(A)The newspaper has complied with all of following described line:Beginning
at a point on the east line of said
the requirements constituting qualifica- Lot 12 distant 35 feet south of the
tion as a qualified newspaper as provided northeast comer thereof; thence
by Minn. Stat.§331A.02. run southwesterly to the southwest
corner of the above described Lot
(B)This Public Notice was printed and pub- 12 and there terminating together
lished in said newspaper(s) once each with:
week, for 1 successive week(s); the first a.A 25-foot wide strip of land ly-
insertion being on 10/26/2017 and the last ing east of the Minneapolis,North-
insertion being on 10/26/2017. field and Southern Railroad be-
tween West 49th Street and Vernon
Avenue in Section 28, Township
MORTGAGE FORECLOSURE NOTICES 117 North,Range 21 West,Henne-
Pursuant to Minnesota Stat. §580.033 pin County,Minnesota.
b.Being Torrens Property,Certif-
relating to the publication-of mortgage icate Number.577560.
foreclosure notices: The newspaper complies (2)Lots 7 and 8, Block 4,Ting-
with the conditions described in §580.033, dale Bros.' Brookside,except that
subd. 1, clause (1) or(2). If the newspapers part of said Lot 8 described as fol-
lows: Beginning at a point on the
own office of issue is located in a county east boundary of said Lot 8 dis-
joining the county where the mortgaged tant 28 feet north of the southeast
premises or some part of the mortgaged corner thereof;thence south along
premises described in the notice are located, said east boundary 28 feet;thence
west along the south boundary of
a substantial portion of the newspaper's said lot,50 feet;thence north along
circulation is in the latter county. the west boundary of said lot, 12
feet; thence northeasterly to the
point of beginning, including any
By. ��� ` part a portion of any street or alley
1 f f;Vlx,p�•r2 {f" \ adjacent to said remises vacated
Designated Agent or to be vacated,Hennepin County,
Minnesota
(b) Approved plans. Incorpo-
Subscribed and sworn to or affirmed before rated herein by reference are the
in on 10/26/2017 by Darlene MacPherson. re-development plans received by
the city on July 25,2017 except as
amended by City Council Resolu-
tion No.2017-81 on file in the office
of the planning department under
file number.2013-005.17a.
Notary Public (c) Principal uses. Residential
buildings containing twelve or few-
er units.
(d)Accessory uses.
(1) All accessory uses allowed
in the R-2, Double Dwelling Unit
PAULIN
District.
E L LEE Signs allowed
,� • O g per the
Notary Public-Minnesota Planned Residential District.
(e) Conditional uses. There are
My Commission Expires Jan 31,2021
tri no conditional uses for Planned
Unit Development District-5(PUD-
5)-
(f) Development standards.
Development standards per the
PRD-2 Zoning District, except the
following:
WInformation: (1)Building setbacks.
owest classified rate paid by commercial users a.Front.
for comparable space: 1.49th Street:
$34.45 per column inch 'ngn 14 feet-structure(east build-
Ad ID 747619 5 feet-structure(west building).
(i)6 feet-stair.
AFFIDAVIT OF PUBLICATION CITY OF EDINA
ORDINANCE NO.2017-10
STATE OF MINNESOTA )ss AN ORDINANCE
COUNTY OF HENNEPIN AMENDMENT REGARDING
TEMPORARY FAMILY
HEALTH CARE DWELLINGS
earlene MacPherson being duly sworn on an IN THE R-1 SINGLE
oath, states or affirms that he/she is the DWELLING UNIT DISTRICT
THE
Publisher's Designated Agent of the newspa- ORDAINS COUNCIL OF EDINA
per(s)known as: Section 1.Section 36-435(1)of
the Edina City Code is amended
SC Edina by adding subsection i to provide
as follows:
i. Temporary Family Health
with the known office of issue being located Care Dwellings.
in the county of: a. Minnesota Statutes
HENNEPIN 462.3593 is incorporated herein
with additional circulation in the counties of: by reference with the exceptionof Subd.2(9), Subd.3(a), Subd
HENNEPIN 3(b)(6),and Subd 4.which are not
and has full knowledge of the facts stated incorporated herein. tilt.,
below: b.All permitapplications shall
all of require a site plan showing lot
(A)The newspaper has complied with
line,structures,trees,paved sur-
the requirements constituting qualifica- faces,patios,and landscaping.
tion as a qualified newspaper as provided c.R-1 zoning district shall ap-
by Minn. Stat.§331A.02. ply except:
(B)This Public Notice was printed and pub- (1) e o temporary dwelling
shall be located in the rear yard
lished in said newspaper(s) once each unless it cannot be physically
week, for 1 successive week(s); the first located in the rear yard. If the
insertion being on 10/26/2017 and the last temporary dwelling cannot be
located in the rear yard,the front
insertion being on 10/26/2017.
setback requirement does not
have to be met.
MORTGAGE FORECLOSURE NOTICES (2) Temporary dwellings shall
Pursuant to Minnesota Stat. §580.033 not be included for lot coverage.
d. The initial dwelling permit
relating to the publication of mortgage is tor"six''months.The applicant
foreclosure notices: The newspaper complies may renew the permit in six
with the conditions described in §580.033, month increments up to a maxi-
bd. 1mum of two years.The initial ap-
plication, clause (1) or(2). If the newspapers fee shall be$400.Each
own office of issue is located in a county renewal permit fee shall be$50.
u
0djoining the county where the mortgaged Section 2. This ordinance is
premises or some part of the mortgaged effective immediately upon its pas-
premises described in the notice are located, sage.
First Reading:September 6,2017
a substantial portion of the newspaper's Second Reading:Waived
circulation is in the latter county. Attest:Debra A.Mangen,City Clerk
James B.Hovland,Mayor
By. Published in the
Edina Sun Current
October 26,2017
Designated Agent 747610
Subscribed and sworn to or affirmed before
me on 10/26/2017 by Darlene MacPherson.
Notary Public
JKPAUL'NE L LEE
otary Public-Minnesotaommission Expires Jan 31,2021
�
e Information:
Lowest classified rate paid by commercial users
for comparable space:
$34.45 per column inch
Ad ID 747610
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA )ss
COUNTY OF HENNEPIN
40ariene MacPherson being duly sworn on an
oath, states or affirms that he/she is the
Publisher's Designated Agent of the newspa-
per(s)known as:
SC Edina
with the known office of issue being located
in the county of:
HENNEPIN
with additional circulation in the counties of-
HENNEPIN
and has full knowled of the facts stated 'ax<
below: , .. ..
(A)The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat.§331A.02.
(B)This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 10/26/2017 and the last
insertion being on 10/26/2017.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the`publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
40 ubd. 1, clause (1) or(2). If the newspaper's
own office of issue is located in a county
djoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By: `/ - 1A m2 0
Designated Agent
Subscribed and sworn to or affirmed before
me on 10/26/2017 by Darlene MacPherson.
iJ wC.�
Notary Public
PAULINE L LEE
a..... ,
.` Notary Public-Minnesota
+;;;x•;'tib My Commia�lon Expires Jen 31,2021
to Information:
Lowest classified rate paid by commercial users
for comparable space:
$34.45 per column inch
Ad ID 747599
•
CITY OF EDINA
ORDINANCE NO.2017-11
AN ORDINANCE AMENDING THE ZONING
ORDINANCE REGARDING THE PUD-9,PLANNED UNIT
DEVELOPMENT-9 DISTRICT GATEWAY POINTE
The City Of Edina Ordains:
Section 1.Chapter 36,Article VIII,Division 4 is hereby amended as
follows:
Sec.36-502 Planned Unit Development District-9(PUD-9)-Envi Edi-
na
(a)Legal description:
Lot 1, Block 1,Southdale Addition;and RLS Number 629 Tract B;
and Lot 1,Block 1,York Terrace,Hennepin County,Mn.
(b)Approved Plans.Incorporated herein by reference are the re-de-
velopment plans received by the City on June 14, 2017 except as
amended by City Council Resolution No.2016-124,on file in the Office
of the Planning Department.
(c)Principal Uses:
All principal uses allowed in the PCD-3, Planned Commercial-3
District(PCD-3)
Multi-Family Residential
(d)Accessory Uses:
All accessory uses allowed in the PCD-3,Planned Commercial Dis-
trict-3(PCD-3)
(e)Conditional Uses:
All conditional uses allowed in the PCD-3,Planned Commercial Dis-
trict-3(PCD-3)except multifamily residential.
(f)Development Standards.Development standards per the PCD-3
• Zoning District,except the following:
Building Setbacks
Building Setbacks
Front-York Avenue 15 feet
Front-66th Street
(Story 1) 15 feet
(Story 2-6) 28 feet
Front-Xerxes
(Story 1) 6 feet(per the plan)
(Story 2-6) 13 feet(per the plan)
Rear-Southdale Circle 15 feet
Rear-South Side 12 feet
Rear-South to Residential
(Story 1) 50 feet
(Story 2-6 60 feet
'I din Height Six Stories&75 feet
Maximum Floor Area Ratio FAR 2%
(g)Signs shall be allowed per the PCD-3 standards in Sec.36-1714,
with the exception that no signage shall be allowed on the Xerxes Ave-
nue side of the building that directly faces residential uses.Signage may
be allowed above the garage opening on Xerxes.
Section 2.This ordinance is effective immediately upon Met Council
review and decision on the Comprehensive Plan Amendment.
First Reading:September 6,2017
Second Reading:Waived
Attest:Debra A.Mangen,City Clerk
James B.Hovland,Mayor
Published in the
Edina Sun Current
October 26,2017
747599
•
AFFIDAVIT OF PUBLICATION CITY OF EDINA
ORDINANCE NO.2017-13
STATE OF MINNESOTAAN ORDINANCE AMENDING
COUNTY OF HENNEPIN )ss CHAPTER 18 OF THE EDINA
CITY CODE CONCERNING
FIRE PREVENTION
0arlene MacPherson being duly sworn on an AND PROTECTION
oath, states or affirms that he/she is the THE CITY COUNCIL OF EDINA
ORDAINS:
Publisher's Designated Agent of the newspa- Section 1. Section 18-64 of the
per(s)known as: Edina City Code is amended to
provide as follows:
SC Edina Sec.18-64 Adoption of Codes
The following are adopted and
with the known office of issue bein located incorporated by reference as asec-
g tion of this Code:
in the county of: (1)State Fire Code.The Minne-
HENNEPIN sota State Fire Code(MSFC),pro-
mulgated by the state department
with additional circulation in the counties of: of public safety, as published in
HENNEPIN Minnesota Rules shall perpetually
and has full knowledge of the facts stated JncludivAhe most current edition
below: of the'-Mirinesota State Fire Code "
(A)The newspaper has complied with all of except for the optional appendix
chapters which shall not apply un-
the requirements constituting qualifica- less specifically adopted.
tion as a qualified newspaper as provided (2) International Fre Code. The
by Minn. Stat.§331A.02. 2012 edition of the International
B rinted and ub- Fre Code QFC)promulgated by the
( )This Public Notice was p p International Code Council, Inc.,
lished in said newspaper(s) once each with the changes and omissions
week, for 1 successive week(s); the first as set forth in this article and in the
insertion being on 10/26/2017 and the last state fire code.
(3)Appendices.The city adopts
insertion being on 10/26/2017. by reference the following MSFC
appendices:
MORTGAGE FORECLOSURE NOTICES a. Appendix B. Fire-flow Re-
Pursuant to Minnesota Stat. §580.033 quirements for Buildings
b., Fire-Hydrant C.Fire_Hydnt Lo-
relating to the publication of mortgage cations and Distribution
foreclosure notices: The newspaper complies c. Appendix D. Fire Apparatus
with the conditions described in §580.033, Access Roads
bd. 1, clause(1)or(2). If the newspapers d.Appendix H. Hazardous Ma-
terials Management Plan and Haz-
own office of issue is located in a county ardous Materials Inventory State-
joining the county where the mortgaged ment Instructions
premises or some part of the mortgaged e.Appendix K. Fires or Barbe-
premises described in the notice are located, cues on Balconies or Patios
f. Appendix L. Emergency Re-
a substantial portion of the newspaper's sponder Radio Coverage
circulation is in the latter county. Section 2. Chapter 18 of the
Edina City Code is amended by
adding Section 18-197 to provide
r,^ as follows:
By:
I" \(� Sec.18-197—Inspections,Cor-
rection
Designated Agent
(1)All work done in installing,ex-
tending or altering a fire protection
Subscribed and sworn to or affirmed before system shall conform to all applica-
me on 10/26/2017 by Darlene MacPherson. ble codes and shall be inspected
by the fire marshal.
(2) The fire marshal may order
work on a fire protection system
to be corrected or altered if it is
found to be defective, incomplete
Notary Public or not in accordance with applica-
ble code.
(3)Fire protection systems shall
be inspected and tested at least
annually by licensed fire protection
contractors in accordance with the
pAULINE L LEE standards and procedures listed
and referenced therein, as may
Notary Public-Minnesota be amended. All inspection and
�i My commission Expires Jan 31,2021 testing reports completed in ac-
cordance with this section shall be
submitted electronically via a meth-
od approved by the fire chief.
Section 3. This ordinance is
effective immediately upon enact-
ment.
First Reading:October 17,2017
Information: Second Reading:Waived
eowest classified rate paid by commercial users Attest Debra A.Mangen,City Clerk
for comparable space: James B.Hovland,Mayor
$34.45 per column inch Published in the
Edina Sun Current
October 26,2017
Ad ID 747626 747626
AFFIDAVIT OF PUBLICATION CITY OF EDINA
ORDINANCE NO.2017-07
STATE OF MINNESOTA )ss AN ORDINANCE STREET NAME COUNTY OF HENNEPIN THE CITY COUNCIL OF EDINA
ORDAINS:
Charlene Vold being duly sworn on an oath, SECTION 1. The street name
states or affirms that he/she is the Publisher's "Link Road"between Eden Avenue
Designated Agent of the newspaper(s)known and Vernon Avenue is changed to
"Eden Avenue."
as: SECTION 2. This ordinance is
effective immediately upon its pas-
SC Edina sage and publication.
First Reading:July 18,2017
Second Reading:Waived
with the known office of issue being located Attest Debra A.Mangan
in the county of- City Clerk
HENNEPIN James B.Hovland,Mayor
he
with additional circulation in the counties of: Published in re
HENNEPIN Edina Sun Current
August 10,2017
and has full knowledge of the facts stated 718372
below:
(A)The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn.Stat.§331A.02.
(B)This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 08/10/2017 and the last
insertion being on 08/10/2017.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. I, clause (1)or(2). If the newspaper's
nown office of issue is located in a county
djoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By: aw� VD
Designated Agent
Subscribed and sworn to or affirmed before
me on 08/10/2017 by Charlene Vold.
Notary Public
dta�r Wv vvvvvvwv,%
".DARLENE MARIE MACPHERSON
�. , Notary Public-Minnesota
My Commission Expires Jan 31,2019
�e Information:
Lowest classified rate paid by commercial users
for comparable space:
$34.45 per column inch
Ad ID 718372
AFFIDAVIT OF PUBLICATION CITY OF EDINA
ORDINANCE NO.2017-08
STATE OF MINNESOTA )ss AN ORDINANCE CHANGING
COUNTY OF HENNEPIN A STREET NAME
THE CITY COUNCIL OF EDINA
ORDAINS:
0harlene Vold being duly sworn on an oath, SECTION 1. The street name
states or affirms that he/she is the Publisher's "Eden Avenue" beginning north-
easterly of 5209 Vernon Avenue
Designated Agent of the newspaper(s)known and traversing southwesterly is
as: changed to"Sherwood Road:'
SECTION 2. This ordinance is
SC Edina effective immediately upon its pas-
sage and publication.
First Reading:July 18,2017
with the known office of issue being located Second Reading:waived
in the county of: Debra A.Mangen,City Clerk
HENNEPIN James B.Hovland,Mayor
Published in the
with additional circulation in the counties of: Edina sun Current
HENNEPIN August 10,2017
and has full knowledge of the facts stated 718380
below:
(A)The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat.§331A.02.
(B)This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 08/10/2017 and the last
insertion being on 08/10/2017.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
ubd. 1, clause (1) or(2). If the newspaper's
own office of issue is located in a county
djoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By: \��'�lG�Vim- 'VVLL
Designated Agent
Subscribed and sworn to or affirmed before
me on 08/10/2017 by Charlene Vold.
Notary Public
vvvwvvvvv..
a DARLENE MARIE MACPHERSON
F Notary Public-Minnesota
My commission Expires Jan 31,2019
sInformation:
owest classified rate paid by commercial users
for comparable space:
$34.45 per column inch
Ad ID 718380
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA )ss
COUNTY OF HENNEPIN
•Charlene Vold being duly sworn on an oath,
states or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s)known
as:
SC Edina
with the known office of issue being located
in the county of:
HENNEPIN
with additional circulation in the counties of:
HENNEPIN
and has full knowledge of the facts stated
below:
(A)The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat.§33IA.02.
(B)This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 05/11/2017 and the last
insertion being on 05/11/2017.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause(1)or(2). If the newspaper's
•known office of issue is located in a county
adjoining the county where the mortgaged
remises or some part of the mortgaged
.emises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By: 0_u o j _,� , Ubl�--
Designated Agent
Subscribed and sworn to or affirmed before
me on 05/11/2017 by Charlene Vold.
Notary Public
vvvvvvv.�
DARLENE MARIE MprCPHER
Notary
Public-Minnesota
.� My Os"OmmiaExpires Jan 31,2018
Information:
�)Lowest classified rate paid by commercial users
r comparable space:
$34.45 per column inch
Ad ID 685996
• CITY OF EDINA
ORDINANCE NO.2016-19
AN ORDINANCE AMENDING THE ZONING
ORDINANCE TO ESTABLISH THE PUD-11,PLANNED
UNIT DEVELOPMENT-11,THE AVENUE ON FRANCE
DISTRICT AT 6600-6800 FRANCE AVENUE
The City Of Edina Ordains:
Section 1. Chapter 36,Article VIII,Division 4 is hereby amended to
add the following:
Sec.36-504 Planned Unit Development District-11 (PUD-11)-The
Avenue on France
(a)Legal description:
That part of the Southeast Quarter of Section 30, Township 28,
Range 24 lying Easterly of the Westerly line of Valley View Road except
that part thereof lying South of the North line,and its Westerly exten-
sion,of the plat of South Office Park First Addition.
(b)Approved Plans.Incorporated herein by reference are the rede-
velopment plans, including the master development plan for the site
received by the City on October 7,2016 except as amended by City
Council Resolution No.2016-121 and 2017-47 on file in the Office of
the Planning Department.
(c)Principal Uses:
All uses allowed in the POD-2 Zoning District
All uses allowed in the PCD-2 Zoning District
Multifamily Residential
(d)Accessory Uses:
All accessory uses allowed in the POD-2 Zoning District.
All accessory uses allowed in the PCD-2 Zoning District
(e)Conditional Uses:
All conditional uses allowed in the POD-2 Zoning District.
All conditional uses allowed in the PCD-2 Zoning District
(f) Development Standards. In addition to the development stan-
dards per the POD-2, and PCD-2 Zoning District, the following shall
apply.
New Building Setbacks
Front-France Ave 45 feet
Front-Valley View 100 feet
Front-66th Street 50 feet
• Parking Setbacks
Front-France Ave 10 feet
Front-Valley View 10 feet
Front-66th Street 10 feet
Building Height 8 stories and 96 feet (No
building shall be taller than
the existing building at 6800
France
Maximum Floor Area Ratio 1.0 of the tract
FAR
Parking Stalls(Site) 488 surface spaces
1,399 underground spaces
1,887 Total
(g)Signs shall be regulated per the POD-2 Zoning District for the
office uses and PCD-2 for retail uses,and PRD,for the residential uses.
(h)Twenty percent(20%)of all dwelling units shall be reserved for
occupancy by residents whose median family income is equal to or less
than sixty percent(60%)of the median family income for the Minneap-
olis,St.Paul statistical area,and limited to the maximum rates estab-
lished and reported by the Minnesota Housing Finance Agency.
(i)There shall be a Site Improvement Performance Agreement for
each phase of development.No phase may be built without a Site Im-
provement Performance Agreement.Overall Development Phasing Plan
is an estimate.The specific phasing may not occur in the exact order
identified on the phasing plan.
Section 3.This ordinance is effective immediately,with the exception
of Sec.36-504 regarding Building Height;that Section shall be effective
upon approval of the Comprehensive Plan Amendment from the Met-
ropolitan Council.
First Reading:December 6,2016
Second Reading: May 2,2017
Published: May 11,2017
Attest
Debra A,Mangen,City Clerk
James B.Hovland,Mayor
Published in the
• Edina Sun Current
May 11,2017
685996
J
AFFIDAVIT OF PUBLICATION CITY OF EDINA or from a vending machine or to a 12-254 Use of false identifica-
ORDINANCE NO.2017-03 person under the age of 21. tion.
STATE OF MINNESOTA )ss AN ORDINANCE Section 4. Section 12-247 of No person under the age of 21
COUNTY OF HENNEPIN AMENDING CHAPTER 12 the Edina City Code is amended to shall attempt to disguise his or her
OF THE EDINA CITY CODE provide as follows: true age by the use of a false form
CONCERNING TOBACCO 12-247 Legal Age. of identification,whether the
Iden-Charlene Vold being duly sworn on an oath, THE CITY COUNCIL OF EDINA No person shall sell any tobac- tification is that of another person
states or affirms that he/she is the Publisher's ORDAINS: co,tobacco-related product or to- or one on which the age of the per-
Designated Agent of the newspaper(s)known Section 1. The following defini- bacco-related device to any person son has been modified or tampered
tions in Section 12-189 of the Edina under the age of 21 and no person with to represent an age older than
as: City Code are amended to provide shall purchase or otherwise obtain the actual age of the person.
as follows: such items on behalf of a person Section 8. Section 12-255 of
SC Edina Compliance checks means the under the age of 21. the Edina City Code is amended to
system the city uses to investigate (1) Age Verification. Licensees provide as follows:
and ensure that those authorized shall verify by means of govern- 12-255 Compliance checks and
with the known office of issue being located to sell tobacco or tobacco-related ment-issued photographic identifi- inspections.
in the county of: products,and tobacco-related de- cation that the purchaser is at least (a) All licensed premises shall
HENNEPIN vices are following and complying 21 years of age.Verification is not be open to inspection by the city
with additional Circulation in the counties of. with the requirements of this article. required for a person over the age or other authorized official during
HENNEPIN The term"compliance checks"also of 30.That the person appeared to regular business hours.
means the use of persons under 21 be 30 years of age or older shall not (b) From time to time, but at
and has full knowledge of the facts stated years of age who attempt to pur- constitute a defense to a violation least once per year, the city shall
below: chase tobacco or tobacco-related of this subsection. conduct compliance checks by en-
(A)The newspaper has complied with all of products, or tobacco-related de- (2)Signage. Notice of the legal gaging,with persons over 15 years
vices, for education, research and sales age and the age verification but less than 21 years, to enter
the requirements constituting qualifica- training purposes as authorized by requirement shall be posted at the licensed premises to attempt
tion as a qualified newspaper as provided state and federal laws.Compliance each location where tobacco, to- to purchase tobacco, tobacco-re-
by Minn. Stat.§331A.02. checks may also be conducted by bacco-related products or tobac- lated products or tobacco-related
(B)This Public Notice was printed and pub- other units of government for the co-related devices are offered for devices.
purpose of enforcing appropriate sale. The required signage, which (1)Prior written parental consent
lished in said newspaper(s) Once each federal, state or local laws and will be provided to the licensee by is required for any minor who par-
week, for 1 successive week(s); the first regulations relating to tobacco or the city,shall be posted in a manner ticipates in a compliance check.
insertion being on 05/11/2017 and the last tobacco-related products, and to- so that it is clearly visible to any- (2) Persons used for the pur-
insertion being on 05/11/2017. bacco-related devices. one who is considering or making pose of compliance checks shall
Tobacco-related device means a purchase. be supervised by designated law
any tobacco product as well as a Section 5. Section 12-250 of enforcement officers or other des-
MORTGAGE FORECLOSURE NOTICES pipe,rolling papers or other device the Edina City Code is amended to ignated city personnel.
Pursuant to Minnesota Stat. §580.033 intentionally designed or intended provide as follows: (3)Persons used for compliance
relating to the publication Of mortgage to be used in a manner which en- 12-250 Self-service merchan- checks shall not be guilty of the
g Pables the chewing,sniffing,smok- dising. unlawful pufchase or attempted
foreclosure notices: The newspaper complies ing,or the inhalation of vapors of No person shall sell any tobac- purchase,nor unlawful possession
with the conditions described in §580.033, tobacco or tobacco-related prod- co, tobacco-related product or of tobacco, tobacco-related prod-
subd. 1, clause (1) or(2). If the newspaper's ucts. The term "tobacco-related tobacco-related device by means ucts or tobacco-related devices
known Office of issue is located in a count device"includes electronic delivery whereby the customer may have when such items are obtained or
Y devices and nicotine or lobelia de- access to such items without hav- attempted to be obtained as part of
adjoining the county where the mortgaged livery products. ing to request assistance from an the compliance check.
-)remises or some part of the mortgaged Section 2. Section 12-189 of employee of the licensed premises. (4)No person used in the com-
dremises described in the notice are located, the Edina City Code is amended by The assistance or intervention shall pliance checks shall attempt to
a Substantial ortion Of the news a er's adding the following definitions: entail the actual physical exchange use a false identification misrep-
P P P Child-resistant packaging of the tobacco, tobacco-related resenting the person's age, and
circulation is in the latter county means packaging that meets the product or tobacco-related device all persons lawfully engaged in a
definition set forth in Code of between the customer and the compliance check shall answer all
Federal Regulations, title 16, sec- licensee or employee.All tobacco, questions about the person's age
r tion 1700.15(b),and was tested in tobacco-related products or tobac- for which he or she is asked.
By: V accordance with the method de- co-related devices shall be stored (c) Nothing in this article shall
Designated Agent scribed in Code of Federal Regula- or displayed behind a sales counter prohibit compliance checks autho-
tions,title 16,section 1700.20. or in other rooms or display areas rized by state or federal laws for
Nicotine or lobelia delivery prod- which are not freely accessible to educational, research or training
Subscribed and sworn to or affirmed before uct means any product containing customers.Provided,however,the purposes, or required for the en-
me on 05/11/2017 by Charlene Vold. or delivering nicotine or lobelia in- requirements of this section shall forcement of a particular state or
tended for human consumption, not apply to establishments which: federal law.
or any part of such a product,that (1) Prohibit persons under 21 Section 9. Section 12-282(3)of
is not tobacco or an electronic years of age from entering the es- the Edina City Code is amended to
delivery device as defined in this tablishment at all times; provide as follows:
1/�/ULi�.p.e / '"'m.� (✓ tom section. Nicotine or lobelia deliv- (2) Post notice advising of the Underage persons. Persons
Notary Public ery product does not include any prohibition at all entrances to the under 21 years of age who use
product that has been approved or establishment;and false identification to purchase or
certified by the United States Food (3)Derive at least 90 percent of attempt to purchase,tobacco, to-
and Drug Administration for sale as their revenues from the sale of to- bacco-related products or tobac-
WWvwwvwvvv.� a tobacco-cessation product, as a bacco and tobacco-related prod- co-related devices shall be guilty
DARLENE MARIE MACPHERSON tobacco-dependence product or ucts. of a misdemeanor and may be re-
a.... L for other medical purposes,and is Section 6. Section 12-251 of quired to attend tobacco free edu-
-Minnesota being marketed and sold solely for the Edina City Code is amended to cation programs or court diversion
Notary Public
My Commission Expires Jan 31,2019 such an approved purpose. provide as follows: programs.
Section 3. Section 12-217 of 12-251 Liquid Packaging. Section 10, Section 12-283 of
the Edina City Code is amended to No person shall sell or offer to the Edina City Code is amended to
provide as follows: sell any liquid,whether or not such provide as follows:
Sec.12-217 Required. liquid contains nicotine, which is 12-283 Exceptions and Defens-
No person shall keep tobacco, intended for human consumption es.
tobacco-related products or tobac- and use in an electronic delivery It shall be an affirmative defense
co-related devices for retail sale device, in packaging that is not to the violation of this article for a
Rate Information: or sell tobacco, tobacco-related child-resistant. Upon request, a person to have reasonably relied on
products or tobacco-related devic- licensee shall provide a copy of the proof of age as described by state
* Lowest classified rate paid by commercial users es at retail in the city without first certificate of compliance or full lab- law.
r comparable space: obtaining a license from the city. oratory testing report for the pack- Section 11. Sections 12-252
$34.45 per column inch No license shall be issued for the aging used. and 12-253 of the Edina City Code
sale of tobacco, tobacco-related Section 7. Section 12-254 of are deleted.
Ad ID 685077 products or tobacco-related devic- the Edina City Code is amended to Section 12 This ordinance is
es at a movable place of business provide as follows:
effective July 1,2017.
First Reading:April 18,2017
Second Reading:May 2,2017
Attest:Debra A.Mangen
City Clerk
James B.Hovland,Mayor
Published in the
Edina Sun Current
May 11,2017
685077
AFFIDAVIT OF PUBLICATION CITY OF EDINA
ORDINANCE NO.2017-04
STATE OF MINNESOTA )ss AN ORDINANCE CHANGING
COUNTY OF HENNEPIN A STREET NAME
THE CITY COUNCIL OF EDINA
ORDAINS:
01Charlene Vold being duly sworn on an oath, SECTION 1. The street name
states or affirms that he/she is the Publisher's "W Forty-Nine and One-Half
Designated Agent of the newspaper(s)known street" between Halifax Avenue
and France Avenue is changed to
as: "Market Street."
SECTION 2. This ordinance is
SC Edina effective immediately upon its pas-
sage and publication.
First Reading:April 4,2017
with the known office of issue being located Second Reading:Waived
in the county of: ATTEST:
HENNEPIN Jane M.Timm,
with additional circulation in the counties of: Deputy City Clerk
HENNEPIN James B.Hovland,Mayor
Published in the
and has full knowledge of the facts stated Edina Sun Current
below: April 20,2017
(A)The newspaper has complied with all of 676923
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat.§331A.02.
(B)This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 04/20/2017 and the last
insertion being on 04/20/2017.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1)or(2). If the newspaper's
V
own office of issue is located in a county
oining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By: U LL
Designated Agent
Subscribed and sworn to or affirmed before
me on 04/20/2017 by Charlene Vold.
' Notary Public
�nnn�'ww�nnnn-
b,r 'u{� PAULINE L LEE
Notary Public-Minnesota
w My Commission Expires Jan 31,2021
ae Information:
Lowest classified rate paid by commercial users
Orticomparable space:
$34.45 per column inch
Ad I D 676923
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA )ss
COUNTY OF HENNEPIN
• Charlene Vold being duly sworn on an oath,
states or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s)known
as:
SC Edina
with the known office of issue being located
in the county of:
HENNEPIN
with additional circulation in the counties of:
HENNEPIN
and has full knowledge of the facts stated
below:
(A)The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat.§331A.02.
(B)This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for I Successive week(s); the first
insertion being on 02/16/2017 and the last
insertion being on 02/16/2017.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or(2). If the newspaper's
•known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By:
Designated Agent
Subscribed and sworn to or affirmed before
me on 02/16/2017 by Charlene Vold.
Notary Public
vvwvvwvwvv�nn
DARLENE MARIE MACPHERSON
Notary Public-Minnesota
My Commission Expires Jan 31,2019
ate Information:
WoLowest classified rate paid by commercial users
r comparable space:
$34.45 per column inch
Ad I D 652447
CITY OF EDINA
ORDINANCE NO.2017-02
THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS:
Section 1.The following described fees of Schedule A to Code Section 2-724 are amended to read as
follows:
Chapter and Purpose ofCurrent Fee Proposed Fee
Section Fee/Cha e
Chapter 28
28-43(b) Sewer Service: Based upon water usage Based upon water usage
during winter quarter(Novem- during winter quarter (No-
ber 1 to March 1). City Staff vember 1 to March 1). +oily
will determine which accounts Staff will determine which
will be billed in cubic feet and aeeenrtt
9 will be billed In cu-
which accounts will be billed bic feet and wh'ch-eceounft
in gallons and use the approwill be billed in gallons and
-
priate rates for each. use the app op late totes for
each
Water Service:
1. Per 1,000 gallons for $3.52 $3.86
areas of city, except in Per 1,000 gallons—Morningside Per 1.000 gallons—Morningside
the Mornin side area area area
Section 2.The effective date of Section 1 of this Ordinance shall be March 1,2017.
First Reading:February 7,2017
Second Reading:Waived
Attest:Debra A.Mangen-City Clerk
James B.Hovland-Mayor
Published in the
Edina Sun Current
February 16,2017
652447