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October 9, 1974 M E M O R A N D U M TO: ALL SUPERVISORY PERSONNEL - POLICE DEPARTMENT FROM: WAYNE W. BENNETT SUBJECT: PICKETING AT THE SCHOOLS As most of you are aware, the members of the Minnetonka -Edina Education Associations (teachers) in Edina have been picketing various schools over the past several weeks. To date, the Wooddale School and Cahill School have been picketed. We have been working with the schools and with the Associations to set forth the rules and regula- tions for the conducting of picketing. As a matter of clarification, we would like to point out to you some of the interpretations which have arisen to date:. 1. A request was made for the picketing of the private residences of school board members. This is prohibited under Ordinance 1061. and 1061-A1. In essence, the picketing and/or distribution of literature is prohibited in front of any private dwelling within Edina. 2. A clarification was requested of Ordinance 1061, Section 2, as amended by 1061-A1. The amendment to this ordinance eliminated the portion of the original Section 2 of Ordinance 1061 which prohibited the distri- bution of literature. The amended Section 2 permits the distribution of literature by pickets in those areas where picketing is permitted. The reason for this amendment was that several court cases indicated this restriction to be a violation of the freedom of speech amendment to the Constitution. 3. Ordinance 1061, Section 4, and Ordinance 1061-A1, Section 2, appear to be inconsistent. It is the opinion of the City Attorney that schools, libraries, hospitals, or any municipally -owned buildings can be picketed with the consent of the owners. Further, permission to be on the property may be granted by the owners and they have the right to desig- nate specific areas on which members of the Minnetonka -Edina Education Associations may stand, march, or patrol. These are areas which are on the private property of the institutions. The exception to this restric- tion is the boulevard area in front of any one of these institutions. The boulevard area is city property and, therefore, only the City of Edina can restrict picketing on this property. In other words, picketing on the boulevard in front of any one of the schools cannot be restricted by school authorities. This is inclusive of the handing out of literature. It is the position of the city that we will not restrict picketing on the boulevard or sidewalk areas. - 2 - 4. The schools have given consent to the Minnetonka -Edina Education Associations members to be present in specifically designated areas at each of the schools within Edina. The police department has been provided a map of these designated areas. At most of the schools, these areas include the boulevard portion. In addition to the desig- nated area by the schools, pickets may occupy the boulevard portion of any area around a school and hand out literature. 5. The picketing or the handing out of literature cannot be done in such a way that it restricts the ingress or egress to any public building including schools or in such a way that it interferes or obstructs the movement of people on sidewalks or in the street near any of these public institutions. This is provided under Ordinance 1.031, Section 4(e), which states, "Any use of a public street or sidewalk which causes large crowds of people to gather, obstructing traffic and the free use of the streets or sidewalks1°, is declared to be a nuisance affecting the public peace and safety. 6. Section 4(i), Ordinance 1031, which states, "The distributing of handbills except as provided by ordinance", has been interpreted by the City Attorney to be unconstitutional and, therefore, we will not enforce this section for the same reason that Section 2 was amended in Ordinance 1061. 7. Maps of the restricted areas which have been provided by the schools are posted on the police department bulletin board and members of the Associations may be present in those designated areas. In addition, they may picket on any boulevard as stated above. 8. One other city ordinance which may be applicable to the picketing situa- tion is Ordinance 1001, Section 9, which prohibits the posting of any handbills, advertisements, posters, or other signs on any building, pole, or property without permission of the owner. A state statute which may be applicable is 609.68 which restricts the littering upon any public lands without the consent of the owner. The above explanations will be the basic operating procedure for the police department during the period of present discussions between the school authorities and the Associations. In the event of change, additional memorandums will be issued. Copies of this memorandum have been provided to the school authorities and the Associations. In the event of a difference in interpretation, talk to all parties concerned and reach an amicable course of action wherever possible. Wayne W. Benaet"t Director of Public Safety AN • j7IIF VILLAGE COUNCIL OT THL TILLAGE OF EMNA, • Sectioll 1. Decipji:-atioa; ParpGse, The 1:141age COIL:; ,,l V111.6-e of Edina hereby inds and tzens of ahould be able to e12 in theii homes a semse- of well-being, • and prlva�y; that rick,,n.T.Lg In fi.urat of abf;Jlt rANveliiLg-6 c&"- etc disturbance ;mod. diatiess !-0 thC OccuPm-"; tLat pI'.t'ketin[-.: Lends t, and interfere with the Er,-�e use of public, iLdevaT.*,c& vnd -'-ays of t, • pick-eting may requi.t. iu 0;)3truct-..on and imp airiaer.. cif nor,.essary w., able public aervices a-3.1 fe(Alities; that., Lhe p� this ordl.m.-mce, in ubliv he-Atl' aal.ety &1d • wellare of the cft-'z'na 0' thEI V1,1t age of Eduia, --o -o-foh-1-bit &r--4 Leg.--:IrMte the practice of pick,,!0ag in the menneic G(--%t CAA..It. • Sec, 2,, Ncketi= Defined Fox of this ordinance . p.Lr. keting Shalt mean the. s-,tan-Aing, -ta:Lc-hInP,, Or V ult b,:, oup c?., iz--.re jr, float oi, ov it -.xt 0, Wjmt ho3 yi--al or the consen*-- of ti-j2 who aze car'i,yivqo k • carried oy diapin)MId, d"Y Ptac.0-YAS, banners, or OE -1 to band out roi, 'D.St "e., 0 haaded cmit --Lny ftaadbills -.1esfi • to pe'E:suadr✓ or i:yote-.' sec, 3, Z of is prolibited iti f o( IL, Or'. or 0)out, d-o'?l 4 U-2 JTI •of a nov, De d�,;,e�t L'y tl-,LF otheivilst, pug .e and 'id' Uie d-,,7A! • persom-, inv(""Ived j." - IA, On ned haj.ldinv.-s ilc Y,Ere')n n f 0 3. iri xv, such inzm5 .iex a E, • t I � ' 'o an - d fc,ria, arxy� '3U." '-Lrru� oted lagyees Sec, 5 �•f tIJs ry persor 'j"r e, Of >ZRI' i'lq w:O-r of a S 3 t o t or. y1' � Sec. TI-3 .)tdiaEr"Ce �Jviil o", m'(F fe ltelU y POV L �-FB at aA First Reading June 19, 1972 Second Reading, Waived Published in the Edirt2 SLn on June 22, ATTEST ,,signed) FWREFICE B,, ILtLLB,[7.RG lf-Itage Clerk 1972.. (si,grad) ARTHUR C. BREDESEN, JR, Mayor 208 INA" 'T .,.116; TO REDE-P'll"Ir, PK'CKE,'I."Y.N0 A24"I" "Y) AND TOO PROIIIIBI�i' PICK"�,T11M, �11T"F,S • 111-IF VIT,T_ i X -14CT VILLACM OF 7TNIM,-30"�'1'11' 0 )A--Ii _A(!J�' I . C )U L OF rj I • -,No. secticli section 2 (1 Ordinkim(! .;.661 io -Tv-;vdod follows ; • Sac. 2. Dzc�ftniti. ris. For pm:povas of th-1--, vre,anarice tI. following terms are defined ar follows: • "Picketirg" - Ilie ling by one or T-IL pel.-vocLs in fl'at on or Z:�Ib—• - pr,2-Is-IS -P. Of , SIVA-V J.Wej.11 114; W1. f- 0'il r. r I f: aje 'flLe the consent "A to per, v,;,�de 4 -dLI *�b j.11-1 ing or prot--s3l' f=ome action, or • also the SL4Mdili�-, WOXCIIiIIS 0, 'Uy _--n(! in front of, or Ln, oa or about Lhe 'a-M.Y hospitai o-r • vii tbout the co-asent th-z mm6�,.fs " :for tl- C, jj- z pe','SI"a• A DiCIJJ a 'Joati'trvc• ,,nl'es Lhat are i.U., as e. piace o -I" r esiderice nc other rhaj residing therain or donestic Sec. 2.. .`ye t. 4A.:)n 3 of Crd:; LCII • fo 1. I?m s . 'ec. 3. C' • .... . . .... "hib 1 .111 a Or pro '�ted 11m fror.t: of, ur is (" the. Villatge apon .t s p.a;3szy�e' afi.- .' I." flub! • First Reading: Augi.,st 7, 1972 Second Peading: WAvcd • Published in the Miinp, Sun cr, Augu: t 10, 1972„ (signc-d'. ARTI-FLJ% C. BREDESON, JR. ATTEST: • kkMD • Village Clerk rj 203--1 0 DORSEY, MARQUART, WINDHORST, WEST 8, HALLADAY DONALD WEST WILLIAM J. HEMPEL 2300 FIRST NATIONAL BANK BUILDING FAITH L. OHMAN WILLIAM E. MARTIN WALDO F. MAROUART JOHN S. HIBB5 DAVID A. RANHEIM WILLIAM H. HIPPEE,JR. JOHN W. WINDHORST ROBERT O. FLOTTEN ROBERT J. SILVERMAN STEPHEN G. SHANK HENRY HALLADAY JOHN D. LEVINE M I N N E A P O L I S, MINNESOTA 55402 WILLIAM R. HIBBS ROBERT A. BURNS JULE M. HANNAFORD ROBERT J.STRUYK JOHN D. KIRBY TONI A. BEITZ ARTHUR B. WHITNEY MICHAEL A. OLSON PHILIP F. BOELTER MICHEL A. LAFOND RUBS ELL W. LINDOUIST LARRY W. JOHNSON (612) 340-2600 WILLIAM B. PAYNE BRADFORD L FERGUSON DAVID R. BRINK THOMAS S. HAY CABLE: DORO W JAN STUURMANS ROGER J. MAGNUSON HORACE HITCH G. LARRY GRIFFITH R. A. SCHWARTZBAUER J. ROBERT HIBBS VIRGIL H. HILL CRAIG A. BECK TELEX: 29-0605 STEVEN K. CHAMPLIN JAY COOK ROBERT V. TAR80X DAVID L. MCCUSKEY TELECOPIER'(612) 340-2868 DAVID N-FRONEK STANLEY REIN RO BERT J. JOHNSON M.B-HASSELOUIST THOMAS 0. MOE JAMES H. OHAGAN THOMAS W. TINKHAM JON F. TUTTLE CHARLES L. POTUZNIK VERLANE L ENDORF PETER DORSEY JOHN M MASON 1468 W-FIRST NATIONAL BANK BUILDING ROBERT A. HEIBERG DENNIS BURATTI GEORGE P.FLANNERY MICHAEL W WRIGHT ST. PAUL, MINNESOTA 55101 EMERY W BARTLE GEORGEANN BECKER CURTIS L. ROY LARRY L. VICKRF_Y (612) 227-8017 MICHAEL J. RADMER ROBERT HOSBINS ART UP E. WEISBERG LOREN R. KNOTT PAUL SC HEERER BARRY D. GLAZER DUANE E. JOSEPH PHILLIP H. MARTIN CU RTIS L. STINE PETER HENDRIXSON JAMES B. VESSEY REESE C.JOHNSON MICHAEL TRUCANO NICKY HAY WILLIAM A. WHITLOCK CHARLES J. HAUENSTEIN JONATHAN VILLAGE CENTER WILLIAM J. KEPPEL IRVING WEISER E. J. SCHWARTZBAUER CHARLES A. GEER CHASKA, MINNESOTA 55318 JAMES A FLADER STEPHEN GOTTSCHALK THOMAS M. BROWN JOHN C. ZWAKMAN (612) 448-4012 WILLIAM A. JOHNSTONE THOMAS ELKINS CORNELIUS D. MAHONEY JOHN R.WICKS WILLIAM E BROEN THOMAS S. ERICKSON EUGENE � JOHNSON - ---- - - - WILLIAM P LUTHER WILLIAM C. BABCOCK JOHN W WINDHORST, JR. 0 UGLAS D MCFARLAND OF COUNSEL MCHAEL E. PRESS MICHAEL PRICHARD 115 THIRD STREET SOUTHWEST DAVID L. BOEHNEN DAVID E. BRONSON RAYMOND A. REISTER WILLIAM R. SOTH ROCHESTER, MINNESOTA 55901 ALAN D. GILLILAND LEAVITT R. BARKER JOHN J. TAYLOR THOMAS R. MAN'HEY (507) 288-3156 LAWRENCE R. OLIVER GEORGE E. ANDERSON B ERNARD G. HEINZEN RICHARD G SWANSON FRANK H. VOIGT ROBERT L. VANFOSSEN March 20, 1974 Mr. Warren Hyde Village Hall 4801 West 50th Street Edina, Minnesota Re: Hoffa, et al. v. Hyde, et al. Dear Mr. Hyde: I am happy to enclose an Order from the Circuit Court of Appeals dismissing this matter. I am very happy to have worked with you on this matter, and I am pleased by the results. If I can be of further assistance, please let me know. Yours truly, Thomas Tinkham TT/cs Enc. DORSEY, MARQUART, WINDHORST, WEST &. HALLADAY DONALD WEST RAYMOND A REISTER 2400 FIRST NATIONAL BANK BUILDING JOHN W WINDHORST, JR. DOUGLAS D. MCFARLANO WALDO F MAROUART JOHN J. TAYLOR MICHAEL PRICHARD DAVID L. BOEHNEN JOHN W. WINDHORST BERNARD G. HEINZEN WILLIAM R. SOTH ALAN D. GILLILAND HENRY HALLADAY WILLIAM J. HEMPEL M I N N E A P O L I S, MINNESOTA S S 4 0 2 THOMAS R. MANTHEY LAWRENCE R OLIVER JUL E M HANNAFORD JOHN S. HIBBS RICHARD G. SWANSON FRANK H. VOIGT ARTHUR B. WHITNEY ROBERT 0 FLOTTEN FAITH L.OHMAN WILLIAM E. MARTIN RUSSELL W. LINDQUIST JOHN D. LEVINE (612) 340-2600 DAVID A. RANHEIM WILLIAM H HIPPEE. JR. DAVID R BRINK ROBERT J. STRUYK CABLE: DOROW ROBERT J. SILVERMAN STEPHEN G SHANK HORACE HITCH VIRGIL H. HILL MICHAEL A. OLSON LARRY W. JOHNSON TELEX; 29 - 0605 WILLIAM R. HIBBS JOHN D. KIRBY ROBERT A. BURNS TONI A. BEITZ ROBERT V TARBOX THOMAS S. HAY TELECO PIER: (612) 340-2868 PHILIP F. BOELTER MICHEL ALAFOND ROBERT J. JOHNSON G. LARRY GRIFFITH WILLIAM B. PAYNE BRADFORD L FERGUSON M. B. HASSELQUIST CRAIG A BECK JAN STUURMANS ROGER J. MAGNUSON PETER DORSEY DAVID L. MCCUSKEY 1468 W-FIRST NATIONAL BANK BUILDING R.A.SCHWARTZBAUER J. ROBERT HIBBS GEORGE P. FLANNERY THOMAS 0. MOE ST. PAU L, M I N N ESOTA 55101 DAVID N. FRONEK CURTIS LROY JAMES H. OHAGAN (612) 227-8017 THOMAS W TINKHAM ARTHUR E. WEISBERG JOHN M MASON JON F TUTTLE DUANE E. JOSEPH MICHAEL W WRIGHT ROBERT A. HEIBERG FREDERICK E. LANGE LARRY L. VICKREY JONATHAN VILLAGE CENTER EMERY W. BARTLE JAMES B VESSEY WI LLIAM A. WHITLOCK LOREN R. KNOTT PHILLIP H. MARTIN CHASKA, MINNESOTA 55318 MICHAEL J. RADMER CURTIS LSTINE E. J. SC HWARTZBAUER REESE C. JOHNSON (612) 448-4012 MICHAEL TRUCANO THOMAS M. BROWN CHARLES J. HAUENSTEIN WILLIAM J. KEPPEL OF COUNSEL C ORNELIUS D. MAHONEY CHARLES A GEER JAMES A. FLADER DAVID E. BRONSON THOMAS S ERICKSON JOHN C ZWAKMAN 115 THIRD STREET SOUTHWEST WILLIAM A JOHNSTONE LEAVITT R. BARKER WILLIAM C. BABCOCK JOHN R. WICK' ROCHESTER, MINNESOTA 55901 WILLIAM E. BRWEN GEORGE E. ANDERSON MICHAEL E. BRESS EUGENE L. JOHNSON (507) 288-3166 WILLIAM P. LUTHER ROBERT L. VANFOSSEN March 41, 1974 Mr. Warren Hyde Village Hall 4801 West 50th Street Edina, Minnesota Re: Hoffa, et al. vs. Hyde, et al. Dear Mr. Hyde: On March 1, 1974 we received a telephone call from the plaintiffs' attorney in this matter. They have agreed to dismiss the appeal that is currently pending before the Eighth Circuit Court of Appeals. The plaintiffs have promised to provide us with a Stipulation of Dismissal within the next few days. This should end the matter on a most satisfactory basis. Yours truly, J Thomas Tinkham TT/cs DORSEY, MAROUART, WINDHORST, WEST a HALLADAY DONALD WEST RAYMOND A REISTER 2400 FIRST NATIONAL BANK BUILDING JOHN W. WINDHORST, JR. DOUGLAS D. MCFARLAND WALDO F MAROUART JOHN J. TAYLOR MICHAEL PRICHARD DAVID L BOEHNEN JOHN W WINDHORST BERNARD G. HEINZEN WILLIAM R. SOTH ALAN D. GILLILAND HENRY HALLADAY WILLIAM J HEMPEL M I N N E A P O L I S, MINN E S O TA S S 4 O 2 THOMAS R. MANTHEY LAWRENCE R. OLIVER JULE M HANNAFORD JOHN S. HIBBS RICHARD G-SWANSON FRANK H.V01GT ARTHUR 8 WHITNEY ROBERT 0 FLOTTEN FAITH L OHMAN WILLIAM E MARTIN RUSSELL W. LINDQUIST JOHN D. LEVINE (612) 340— 2600 DAVID A RANHEIM WILLIAM H. HIPPEE JR. DAVID R. BRINK ROBERT J. STRUYK CABLE: DOROW ROBERT J. SILVERMAN STEPHEN G SHANK HORACE HITCH VIRGIL H. HILL MICHAEL A. OLSON LARRY W JOHNSON TELEX: 29 — 0605 WILLIAM R. HIBBS JOHN D KIRBY ROBERT A. BURNS TONI A. BEITZ ROBERT V TARBOX THOMAS S. HAY TELECOPIER: (612) 340 — 2868 PHILIP F. BOELTER MICHEL A. LAFOND ROBERT J. JOHNSON G_LARRY GRIFFITH WILLIAM B. PAYNE BRADFORD LFERGUSON A HASSELOUIST CRAIG A BECK JAN STUURMANS ROGER J. MAGNUSON PETER DORSEY DAVIDL McCUSKEY 1468 W—FIRST NATIONAL BANK BUILDING R.A.SCHWARTZBAUER J. ROBERT HIBBS GEORCE P. FLANNERY THOMAS 0. MOE ST. PAU L, M I N N ESOTA 55101 DAVID N. FRONEK CURTIS LROY JAMES H. OHAGAN (612) 227-8017 THOMAS W TINKHAM ARTHUR E WEISBERG JOHN M. MASON JON F. TUTTLE DUANE E. JOSEPH MICHAEL W WRIGHT ROBERT A. HEIBERG FR EDERICK E LANGE LARRY L. VICKREY JONATHAN VILLAGE CENTER EMERY W. BARTLE JAMES B. VESSEY WILLIAM A WHITLOCK LOREN R. KNOTT PHILLIPH MARTIN CHASKA, MINNESOTA 55318 MICHAEL J. RADMER CURTIS L. STINE E. J. SCHWARTZBAUER REESE CJOHNSON (612) 448-4012 MICHAEL TRUCANO THOMAS M. BROWN CHARLES J. HAUENSTEIN WILLIAM J. KEPPEL OF COUNSEL CORNELIUS D. MA ONEY CHARLES A. GEER JAMES A. FLADER DAVID E BRONSON THO PAS S ERICKSON JOHN C ZWAKMAN 115 THIRD STREET SOUTHWEST WILLIAMA JOHNSTONE LEAVITT R. BARKER WILLIAM C. BABCOCK JOHN R. WICKS ROCHESTER, MINNESOTA 55901 WILLIAM E. BRWEN GEORGE E. ANDERSON MICHAEL EGRESS EUGENE L.JOHNSON ISO7) 288-3)56 WILLIAM P. LUTHER ROBERT L. VANFOSSEN January 23, 1974 Mr. Warren Hyde Village Hall 4801 West 5Oth Street Edina, Minnesota Re: Hoffa, et al. vs. Hyde, et al. Dear Mr. Hyde: Enclosed is a copy of the Notice of Appeal in the above - captioned matter received by us on January 23, 1974. As of this date, the appellants have failed to file the required bond for appeal. However, if they comply with this requirement by the end of this week, there is no strong basis for moving to dismiss the appeal. I will keep you posted on developments as they occur. Yours truly, Thomas Tinkham TT/cs Enc. I DORSEY, MARQUART, WINDHORST, WEST 8, HALLADAY T . MAROUART RAYMOND A. REISTER JOHN J. TAYLOR 2400 FIRST NATIONAL BANK BUILDING JOHN W. WINDHORST, JR. MICHAEL PRICHARD DOUGLAS D McFARLAND DAVID L BOEHNEN W. WINDHORST BE RNARD G_ HEINZEN WILLIAM R. SOTH ALAN D. GILLILAND ENRV HALLADAY WILLIAM J. HEMPEL M I N N E A P O L t 5, M I N N E 5 0 TA S S 4 O 2 THOMAS R. MANTH EY LAWRENCE R. OLIVER JULE M HANNAFORD JOHN S HIBBS RICHARD G. SWANSON FRANK H. VOIGT ARTHUR B. WHITNEY ROBERT 0. FLOTTEN FAITH L.OHMAN WILLIAM E. MARTIN RUSS ELL W. LINDQUIST JOHN D. LEVINE (612) 340-2600 DAVID A_RANHEIM WILLIAMH HIPPEE,JR. DAVID R. BRINK ROBERT J. STRUYK CABLE: DOROW ROBERT J. SILVERMAN STEPHEN G. SHANK HORACE HITCH VIRGIL H. HILL MICHAEL A. OLSON LARRY W. JOHNSON TELEX; 29-0605 WILLIAM R. HIBBS JOHN D. KIREY ROBERT A. BURNS TONI A. BEITZ ROBERT V. TARBOX THOMAS S. HAY TELECO PI ER: (612) 340 — 2868 PHILIP F. BOELTER MICHEL A. LAFOND ROBERT J. JOHNSON G. LARRY GRIFF ITH WILLIAM B. PAYNE BRADFORD L. FERGUSON M. B. HASSELOUIST CRAIG A BECK JAN STUURMANS ROGER J. MAGNUSON PETER DORSEY DAVID L. McCUSKEY 1468 W—FIRST NATIONAL BANK BUILDING R.A. SCHWARTZBAUER J. ROBERT HIBBS GEORGE P. FLANNERY THOMAS 0. MOE ST. PAU L, M I N N ESOTA 55101 DAVID N. FRONEK CURTIS L. ROY JAMES H. OHAGAN (612) 227-8017 THOMAS W TINKHAM ARTHUR E. WEISBERG JOHN M. MASON JON F. TUTTLE DUANE E. JOSEPH MICHAEL W WRIGHT ROBERT A. HEIBERG FR E DER IC K E. LANGE LARRY L. VICKREY JONATHAN VILLAGE CENTER EMERYW BARTLE JAMES B. VESSEY WILLIAM A. WHITLOCK LOREN R.KNOTT PHILLIP H. MARTIN CHASKA, MINNESOTA 5S318 MICHAEL J. RADMER CURTIS I.STINE E J. SCHWARTZBAUER REESEC. JOHNSON (612) 448-4012 MICHAEL TRUCANO THOMAS M. BROWN CHARLES J. HAUENSTEIN WILLIAM J. KEPPEL OF COUNSEL CO RNELI US D. MAHONEY CHARLES A. GEER JAMES A. FLADER DAVID E. 13RONSON TH O MAS S.ER I CKSON JOHN C. ZWAKMAN 115 THIRD STREET SOUTHWEST WILLIAM A. JOHNSTONE LEAVITT R. BARKER ABCO WILLIAM C. BABCOCN JOHN R. WICKS ROCHESTER, MINNESOTA 55901 WILLIAM E. BOWEN GEORGE EANDERSON MICHAEL E. EUGENE LCKS JOHNSON (507) 288-3156 WILLIAM P. LUTHER ROBERT L VANFOSSEN December 21, 1973 Mr. Warren Hyde Village Hall 4801 West 50th Street Edina, Minnesota Re: Joyce E. Hoffa, et al. v. Warren C. Hyde, et al. Dear Mr. Hyde: I am very pleased to be able to forward to you a copy of Judge Lord's Order of December 19, 1973 granting our motion for summary judgment. Unless the matter is appealed to the Eighth Circuit Court of Appeals, it has been finally concluded and there will be no further proceedings. In the event of an appeal, I will notify you. Otherwise, you are no longer a defendant in the pending action. It was a pleasure working with you on this matter. Yours truly, 'Thomas Tinkham TT/cs Enc. 227, 240 (1937) (citations omitted). The facts in the present case do not indicate such'a contro- versy. Plaintiffs have not violated the ordinance in question and more importantly not represented to this Court that they have any plans for doing anything in the future that would be such a viola- tion. Since June 19, 1972, plaintiffs have done no residential picketing in Edina and since the summer of 1972, they have done no picketing at all. In their Amended Complaint, the plaintiffs state only that, if they were to return to Edina, they would fear prose- cution. (Amend. Complaint dated November 19, 1973, at para. 20) iWith these facts and the proper inferences therefrom, the litigati would involve sheer speculation, not a decision based on a definite and concrete situation. In addition, the facts do not show adverse legal interests. While it is true that the opposing parties have conflicting views on the constitutionality of the ordinance in question, such an interest as the plaintiffs have is not the type that brings about adverse legal interests. Plaintiffs must allege a personal stake in the outcome of the controversy. Baker v. Carr, 369 U.S. 186 (1967). Since the plaintiffs have not alleged that they are presently being prosecuted or intend to picket in the future, they (have failed to allege facts that indicate how they would be adversely affected by a ruling contrary to their contentions. The second reason for dismissal while normally considered a 'separate subject can be seen as a part of the question of case or controversy, and that is the question of standing. The case of Association of Data Processing Service Organizations, Inc v. Camp, 1397 U.S. 150 (1970) indicated that to have a standing, plaintiff (must allege that the challenged action has caused him injury in fact. Plaintiffs have failed to prove anything more than that the ordinance may inhibit them if they decide in the future to picket (YI.MI 1 30 73 714-b744 -2- private homes in the Village of Edina. This indicates only a possibility of injury. This possibility cannot be constrt:ed as injury in fact. In general, to have standing to litigate a party must show that he has incurred, or is in immediate danger of incurring, some.direct and personal injury resulting from the violation of a constitutional or statutory right designed to protect that party. Ray Baillie Trash Hauling Inc. v. Kleppe, 477 F.2d 696, 701 (5th Cir. 1973) (citations omitted). Both sides concede that the present state of the law in the areas of justiciable controversy and standing does not require a plaintiff to violate a law before he may contest its constitu- tionality by seeking injunctive or declarative relief. But this does not negate the prerequisite nature of justiciable controversy and injury in fact. Plaintiffs have failed to allege facts that would supply these prerequisites. The cases they have cited to persuade this Court should properly be distinguished from the case at hand. The dictum statement of Poe v. Ullman, 367 U.S. 497, 508 (1961), cited by plaintiffs on page nine of their October 31, 1973 brief cannot and should not be interpreted to require a Court to hear all cases where all that is alleged is a realistic fear of prosecution if the statute or ordinance were violated. This Court can assume that in most cases, laws will be enforced. But this fact does not give the adverse legal interests to this case when the plaintiffs have no intent to picket. As for the case of Lake Carrier's Association v. McMullen, 406 U.S. 498 (1972), defendant, in his final brief, ably pointed out that in that case plaintiff would have suffered a severe financial blow immediately because he had to either put in costly equipment or face prosecution when the contested regulation was enforced. Zwicker v. Koota, 389 U.S. 241 (1967), and wulp v. Corcoran, 454 F.2d 826 (1-st Cir. 1972), have e additional facts of prior prosecution or actual interference by state authorities to distinguish them from the case at bar, FP1 M1--1 30 73 20" $744 All these cases lead the Court to the conclusion that plain- tiffs have failed to allege facts that distinguish them from the type of plaintiffs in Younger v. Harris, 401 U.S. 37 (1971),%%,ho merely felt inhibited by the presence of the statute on the books and therefore were summarily dismis.sed. ti For the above reasons, the defendant's motion for summary judgment is granted. IT IS SO ORDERED. Dated- ,0-e!H / �73 Mil s W. Lord United States District Judge FP1 NI--1 30-73 2CN-6746 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA FOURTH DIVISION Joyce E. Hoffa, et al Plaintiff VS. Warren C. Hyde, et al Defendant No. 4-72 civil 369 Clerk's Notice under Rule 77 (d) F.R. Civ. Pr. or Rule 49 (c) F. R. Civ. Pr. You are hereby notified that in the above. -entitled cause, on the 19th Day of DECE4BER we filed Judge Lord's Order granting the defendant's motion for summary judgment. Judgment is hereby entered. HARRY A, SIEBEN, CLERK BY: S�MMl di°� Deputy Craig R. Anderson 924 Flour Exchange Building Minneapolis, Minnesota 55415 Dorsey, Marquart, Windhorst, West & Halladay Thomas Tinkham 2400 First National Bank Building Minneapolis, Minnesota 55402 DORSEY, MARQUART, WINDHORST, WEST & HALLADAY DONALD WEST WA DO F. MAROUART MICHAEL E. BRESS RAYMOND A. REISTER 2400 FIRST NATIONAL BANK BUILDING EUGENE L JOHNSON JOHN W WINDHORST, JR. WILLIAM E. BOWEN WILLIAM P LUTHER JOHN W. WINDHORST JOHN J. TAYLOR MICHAEL PRICHARD DOUGLAS D. MCFARLANO HENRY HALLADAY BERNARD G. HEINZEN M I N N E A P O L I S, MINNESOTA 55402 WILLIAM R. SOTH DAVID L. BOEHNEN JULE M_ HANNAFORD WILLIAM J. HEMPEL THOMAS R. MANTHEY CRAIG L. WILLIAMS ARTHUR B. WHITNEY RUSSELL W LINDOUIST JOHN S. HIBBS ROBERT O. FLOTTEN (612) 340- 2600 RICHARD G SWANSON FAITH LOHMAN VINCE NT S. WALKOWIAK ALAN D. GILLILAND DAVID R. BRINK JOHN D LEVINE CABLE: DOROW DAVID A. RANHEIM LAWRENCE R. OLIVER HORACE HITCH VIRGIL H. HILL ROBERT J. STRUYK MICHAEL A. OLSON TELEX: 29-0605 ROBERT J. SILVERMAN JAMES M. KLEBBA FRANK H. VOIGT WILLIAM E. MARTIN ROBERT V. TARBOX LARRY W. JOHNSON TELECOPIER:(612) 34O-2868 WILLIAM R. HIBBS WILLIAM H. HIPPEE,JR. DEFOREST SPENCER THOMAS S. HAY JOHN D. KIRBY STEPHEN G. SHANK ROBERT J. JOHNSON G. LARRY GRIFFITH 1468 W-FIRST NATIONAL BANK BUILDING PHILIP F BOELTER ROBERT A. BURNS M. B. HASSELOUIST CRAIG A. BECK ST. PAU L, M 1 N N ESOTA 551 OI WILLIAM B. PAYNE TONI A. BEITZ PETER DORSEY GEORGE P. FLANNERY DAVID L. MCCUSKEY THOMAS O. MOE (612) 227-8017 JAN STUURMANS R. A. SCHWARTZBAUER MICHEL A. LAFOND BRADFORD L. FERGUSON CURTIS L. ROY JAMES H. OHAGAN DAVID N. FRONEK ROGER J. MAGNUSON ARTHUR E. WEISBERG JOHN M. MASON THOMAS W. TINKHAM J. ROBERT HIBBS DUANE E. JOSEPH MICHAEL W. WRIGHT JONATHAN VILLAGE CENTER JON FTUTTLE FRED ERICK E LANGE LARRY L. VICKREY CHASKA, M I N N ESOTA 55318 ROBERT A. HEIBERG JAMES B. VESSEY LOREN R. KNOTT (612) 448 -4012 EMERY W. BARTLE WILLIAM A. WHITLOCK PHILLIP H. MARTIN MICHAEL J RADMER E.J. SCHWARTZBAUER REESE C. JOHNSON CURTIS L STINE OF COUNSEL THOMAS M. BROWN CORNELIUS D. MAHONEY CHARLES J. HAUENSTEIN CHARLES A. GEER 115 THIRD STREET SOUTHWEST THIRDS STREETSOUTHWEST MICHAEL TRUCANO WI LLIAM J. KEPPEL DAVID E. BRONSON LEAVITT R BARKER THOMAS S. ERICKSON JOHN C. ZWAKMAN ROC JAMES A FLADER GEORGE E ANDERSON WILLIAM C. BABCOCK JOHN R. WICKS (507) 288-3156 WILLIAM A. JOHNSTONE ROBERT L. VANFOSSEN MY PHONE NUMBER IS 340-2829 July 30, 1973 Mr. Warren Hyde Village Hall 4801 West 5Oth Street Edina, Minnesota Re: Joyce E. Hoffa, et al. v. Warren C. Hyde, et al. Dear Warren: I received the enclosed notice from Judge Lord this morning. In terms of a trial date, I am not quite sure what it means except that we are likely to have the matter tried sometime in August. I am forwarding the notice to you so that you can alert the various Village employees involved that they may be called upon sometime in August to appear briefly in this matter. Yours truly, ThomasTinkham TT/cs Enc. P pp FOR 1;iE D157RICT O; MINNESOTA CHAMDEEIS ON Li 7 MILES Y!. LORD . JI)GE Mr. Thomas Tinkam Attorney at Law First Natl. Bank Bldg. Mpls., MN 55402 Re: Joyce E. Hoff a, et al v. Warren C. Hyde, et al 4-72 Civ. 369 T U. S. COUR'i HOUSE MINNZAPOLI S, MINN. 55401 TA1101-VIAS .1114KHAIVI Dear Sir: Tha above matter is one which is rea. to be I triad and it is anticipated that if it'-- is not disposed of by August 3t.h, it will be handled ge Ge_ a id bd. Heaney vvho will be coming tc ilin.neapol.is. to try cases for a period of time in August. Juage Heaney will p.retry this Natter on August Ct.'1 and It will bra plaCc"_d •on the cal,=:%I`",_a io- trial shortly after that date. Very truly 1,14 e S W . Lord UnitStates District Jud jc ftbrusry 15* 1973 Xr. Thomas TinkluW Dorsey,, Harquartt, Windhorst et al WO, First National Rank Bl(1j;, Minneapolis, MN 55402 Dear Mr. TinkhOw Unclosed are copies of items in our files ro-lative to the case of Hof fa, et al vs, Ry&-, et 41 AS you requested. If you have any questions or need. anything IALa 44dition to these items., plea � $a do of liv--aitate to call me. Yours -very truly, Village Clerk enclosures M,es ,Z-46 4,111jage of M-1 4501 WEST Fi FTIFTH STREET - EDINA, MINNESOTA 55424 February 15, 1973 Mr. Thomas Tinkham Dorsey, Marquart, Windhorst, West & Halladay 2400 First National Bank Building Minneapolis, Minnesota 55402 Dear Mr. Ti nkham: 9 2 7.886 3 I have received your letter of February 12, 1973 referring to the matter of Joyce E. Hoffa, et al, Plaintiffs, vs. Warren C. Hyde, et al, Defendants, of which I am named as one of the defendants. I do not know what the official record shows in this action, but an error is made in my first name shown as defendant which should be Wayne Bennett and not William as stated in the District Court Complaint. Relative to the Request for Production, Inspection and Copying of Documents No. 4-72, Civil 369, item # 2, I would like to state that I have copied everything in my files and submitted them to Florence Hallberg, the Village Clerk for the Village of Edina, and she will be for -warding this information along with that of Mr. Hyde and Mr. Bredesen. Relative to the Interrogatories part of the same action No. 4-72, Civil 369, and pur- scant to Rule 33(a) of the Federal Rules of Civil Procedure, I am submitting to you for your preparation of the proper legal papers, on or before FxLarch 9, 1973, the following information: ,li.th reference to item #1, the answer is °ryes". With reference to item #2(a), the name of the arrestee was John William. Filter. With reference to V'2(b), the date of the arrest was July 6, 1972, the time of the arrest was aparoxim..ately 10:35 P.M., and the location of the arrest was P8 Bridge Lane, Edina, Minnesota. �Nith reference to item #3, the answer is "no". Since June 19, 1972, there has not `been :an instance to my knowledge in which I or anyone subject to my supervision has had reason to believe that any individual Seas violating ordinance ;1061 and was not arreste-d. i :±_ tiS7e t0 lti3' l t4, the answer is ne—ati_ve for 7 4(a) , 4(b) and 4(c) since them was � irrest ::ade under item ,r3. With reference to ,5, if any of said plaintiffs was violating ordinance ;t1061, he Mould un,loubtedly be arrested; however, there could possibly be one reason why there would b2 no action taken, which will be explained in item ir6. Mr. Thomas Tinkham Dorsey, Marquart, Windhorst, West & Halladay rage 2 February 15, 1973 VTith reference to item ;M(a), I would state that the only reason that an arrest would not be made would be that an arrest has already been made under the ordinance and is now pending appeal to a higher court and it would be possible that the Village of Edina may desire to await the decision on that arrest. However, it would be my present opinion that arrests would continue to be made except on advice of the City Attorney to the contrary. The reason for this decision would be that the ordinance exists and that, as police officers, we are obligated to enforce it. With reference to item #7, the answer is "yes". With reference to item `7(a), Mr. Warren Hyde, Village Manager, and myself discussed the matter of a need for passage of a residential picketing ordinance. As I recall, there were also several discussions with several of the board me: -gibers of the Minneapolis Society for the Blind prior to the picketing of such residences, and. I believe with the attorney for the Minneapolis Society for the Blind, a Mr. Mike Bolen, 5207 Doncaster May, Edina, and also a telephone call was made by myself to a Mr. Stan Deskar of the Minnesota League of Municipalities. Mr. Deskar sent to z::e copies of an ordinance which had been passed in the City of Wauwatosa, Wisconsin, and a copy of the decision of the Supreme Court of Wisconsin relative to that ordinance, and also a copy of an ordinance. from the City of Brookfield, Wisconsin. These two ordinances and the appeals from these two ordinances resulted in the Supreme Court of Wisconsin finding the city ordinance constitutional and they, therefore, affirmed the ,judg:ent an order in each case. After receipt of these ordinances, I wrote a memorandum to 'Mr. Hyde reco=.mending passage of a similar ordinance, and it is my understanding that ?sir. Tow Erickson of your law firm drew up the ordinance which was subsequently passed by the Village of Edina on first reading Junta 19, 1972, second reading was waived, and the ordinance was published in the Edina Sun on June 22, 1972. Relative to item ,k3, I might mention that on July 19, 1972, there were three persons who stopped in front of the Village Hall at approximately 2:45 P.M. in 3n apparent protest of the picketing ordinance, since one of the placards stated some wording recalled as "Picket the Pickets". Under. ordinance 41051, section 4, a person or per- sons are prohibited from picketing in front of a library, school, hospital or runicipally- owned building in such a manner as to prevent, obstruct or interfere with full, free and uninterrupted ingress and egress to and from any such building. In the instance men- tioned above, the threw pickets did not interfere or prevent or O'1Stru ingress or egress to the Village Hall of Edina or later to the Library. There ;,,are no complaints received and no arrests were made. Sincerely, Wayne 7. i�ennett Director of Public Safety, DORSEY, MARQUART, WINDHORST, WEST & HALLADAY �7Z DONALD WEST MICHAEL E. BRESS WALDO F. MAROUART JOHN W.WINDHORST HENRY HALLADAY JULE M-HANNAFORD ARTHUR B.WHITNEY RUSSELL W. LINDQUIST DAVID R. BRINK HORACE HITCH VIRGIL H_HILL ROBERT V. TARBOX DEFOREST SPENCER ROBERT J. JOHNSON M.B. HASSELOUIST PETER DORSEY GEORGE P. FLANNERY CURTIS L. ROY ARTHUR E. WEIBBERG DUANE E.JOSEPH FREDERICK E. LANGE JAMES B.VESSEY WILLIAM A.WHITLOCK E.J. SCHWARTZBAUER THOMAS M. BROWN CORNELIUS D. MAHONEY THOMAS S_ERICKSON WILLIAM C. BABCOCK RAYMOND A. RESTER JOHN J. TAYLOR BERNARD G.HEINZEN WILLIAM J. HEMPEL JOHN 5. HIBBS ROBERT O. FLOTTEN JOHN D. LEVINE ROBERT J. STRUYK MICHAEL A. OLSON LARRY W JOHNSON THOMAS S. HAY G.LARRY GRIFFITH CRAIG A. BECK DAVID L-MCCUSKEY THOMAS O. MOE JAMES H.OHAGAN MICHAEL W. WRIGHT LARRY L.VICKREY LOREN R. KNOTT PHILLIP H. MARTIN REESE C.JOHNSON CHARLES J.HAUENSTEIN CHARLES A.GEER JOHN C.ZWAKMAN JOHN R.WICKS EUGENE LJOHNSON 2400 FIRST NATIONAL BANK BUILDING MIN NEAPOLIS,MINNESOTA 55402 Mr. Warren Hyde Village Manager Village Hall 4801 West 50th Street Edina, Minnesota 1612) 333-2151 CABLE: DOROW TELEX:29-0605 1468 W-FIRST NATIONAL BANK BUILDING ST. PAUL,MINNESOTA 58101 (612) 227-8017 JONATHAN VILLAGE CENTER CHASKA, MINNESOTA $5318 (612) 448-4012 116 THIRD STREET SOUTHWEST ROCHESTER, MINNESOTA 55901 1507) 288-3156 February 12, 1973 Re: Hoffa, et al. vs. Hyde, et al. Dear Mr. Hyde: JOHN W. WINDHORST, JR. WILLIAM P. LUTHER MICHAEL PRICHARD DOUGLAS D. MCFARLAND WILLIAM R.SOTH DAVID L. BOEHNEN THOMAS R. MANTHEY CRAIG LWILLIAMS RICHARD G. SWANSON VINCENT S. WALKOWIAK FAITH L.OHMAN ALAN D. GILLILAND DAVID A. RANHEIM JAMES W. LICKE ROBERT J. SILVERMAN LAWRENCE R. OLIVER JAMES M. KLEBBA FRANK H.VOIGHT WILLIAM R. HIBBS WILLIAM E. MARTIN JOHN D.KIRBY WILLIAM H.HIPPEE,JR. PHILIP F_ BOELTER STEPHEN G. SHANK WILLIAM B. PAYNE ROBERT A. BURNS JAN STUURMANS TONI A BEITZ R. A. SCHWARTZBAUER MICHEL A.LAFOND DAVID N. FRONEK BRADFORD L. FERGUSON THOMAS W. TINKHAM ROGER J. MAGNUSON JON F. TUTTLE ROBERT A. HEIBERG EMERY W. BARTLE MICHAEL J. RADMER CURTIS L. STINE MICHAEL TRUCANO OF COUNSEL WILLIAM J. KEPPEL DAVID E. BRONSON JAMES A. FLADER LEAVITT R. BARKER WILLIAM A.JOHNSTONE GEORGE E.ANDERSON WILLIAM E. BRWEN ROBERT L. VAN FOSSEN I have scheduled the deposition of one of the plaintiffs, Joyce Hoffa, for February 23, 1973. I have also received in today's mail a Request for Production of Documents and Interrogatories directed to each of the defendants, individually. I am forwarding to you a copy of the Request for Production and the Interrogatories that are addressed to you. With respect to the Request for Production of Documents, I have obtained copies of the Council minutes for May and June from Tom Erickson. I am not aware of any subcommittees of the Council which would have con- sidered Ordinance No. 1061, but if there are any such subcommittees, could you forward their minutes to me. In addition, would you search your files for any documents relating to the "need for passage by the Edina Village Council of an ordinance dealing with the subject of residential picketing." I have informed plaintiffs' counsel that we will furnish these documents in our office prior to March 13, 1973. In regard to the Interrogatories addressed to you, would you please refresh your memory regarding any possible conversations on the subjects indicated, and call me with whatever information you may have. I will then prepare an Answer for your signature and forward it to you. The Answer is due March 13, 1973. TT/cs Enc. If you have any questions, please don't hesitate to call me. Yours truly, t Thomas Tinkham UWINAMF NO. All 0, ORDINANCE No. 106. TO REDEFINE PUKETING AND TO DAYINE DWKhL!RG AND TO FROMM'' (AT THE VILLAGE COURCIL OF T11";', VIUAGE 0_i� 'amamm"so','' orm"lu-'-s: Section 1. Section 2 of Ordinance No. 1661 Q smunded tu read a_� follows: See. 2. Definitions. For purpoeen of thiE orainance th�L- follawing terms are daf'ined aE, fol-lows. Mcket&R" - The stauding, marching ot patrol- ling by one or more 7;0soas in f rout of, ol, premises of any dwelling within the Village of Edina, wjthoL-*.-. the consent of the owners, to paroaade an Whabluanu vi the duckl- ing or protest some action, aWtude -,jr an. also the standing, marching or patyolliaB by one or more per5aw in front of, or W, on or about the premises of airy library, hospital ar cip ally -owned building within the Villogn of Man:. without the consent of the owners, for the purpnse of perRuadjuq of protesting. "Dweink," - Those strvctures that are used onQ as a plaw; of Qihnae aLd wherain no person, *Wer thsn pzvPj.', residing therein or dozestic M rpJY empluye& Sec. 2. Section 3 of Ardinance No. 1061 is aseadrd W read arl f G 1 jumv S . Dwolli_v3".g is prohibited nt Of, Or W, On Or SWL, 2Q Melling M the MIS40, See. 3. M5 3rdinanaa shall be ir 011 fu:_cc and effect WnomtoQ apov its p�.mssao.ze and publiaction,, First Reading: Augus! 7, 1372 Second Reading: WaWK: Published in tAe WAys Sun cK Anguyt 10, 1972 ATTEST: A sigvld'AMOK Q WEBESWO MY MR, 203-1 K- UNITED STATES. DISTRICT COURT Now DISTRICT OF MINNESOTA q] FOURTH DIVISION 1. , 1973 THOMAS TINKHAM. JOYCE E. HOFFA, et al., ) Plaintiffs, ) REQUEST FOR PRODUCTION, VS. ) INSPECTION AND COPYING ) OF DOCUMENTS WARREN C. HYDE, Individually ) and as Manager of the Village) No. 4-72 Civil 369 of Edina, et al., ) ---------------------------------------------------------------- Defendants. ) The Plaintiffs request Defendants Warren C. Hyde.,and Arthur M. Bredesson Jr. to respond within thirty days to their requests that these Defendants produce and permit Plain- tiffs to inspect and copy each of the following documents: 1. All minutes of meetings of the Edina Village Council or sub -committees thereof during May or June of 1972, now in the custody or under the control of either of these Defendants. 2. All correspondence, memoranda, or other documents now in the custody or under the control of'either of these Defendants relating to the need for passage by the Edina Village Council of an ordinance dealing with the subject of residential picketing. Plaintiffs propose to inspect and copy the documents at the Edina Municipal Building, 4801 W. 50th Street, Edina, Min- nesota at 2 P.M. on Thursday, February 22, 1973, or at such other time or times as may be mutually agreeable among the parties to this action. Dated:. R. Michael Wetherbee Attorney for Plaintiffs Minnesota Civil Liberties Union 628 Central Avenue Minneapolis, Minnesota 55414 Phone: 612/332-2032 UNITED STATES DISTRICT COURT &-ap D ISTRICT OF MINNESOTAFOURTH DIVISION JOYCE E. HOFFA, et al., ) I-10MAS TINIKHAM Plaintiffs,, ) INTERROGATORIES TO VS. ) DEFENDANT WARREN C. HYDE No. 4-72 Civil 369 WARREN C. HYDE, Individually ) and as Manager of the Village) Qf Edina, et al., ) Defendants. ) To: The Above -Named Defendant Please take notice that pursuant to Rule 33(a) of the Federal Rules of Civil Procedure, the Plaintiffs request that on or before March 9, 1973, you serve upon them answers under oath to the following interrogatories: 1. Have you ever had a discussion with any person rela- tive to the need for passage by the Edina Village Council of an ordinance dealing with the subject of residential picketing? 2. If so, then for each such discussion: (a) Who beside yourself participated in it? Cb) When and where did it occur? (c) What was its nature? These interrogatories are deemed continuing. Should you, subsequent to service of your answers to these interrogatories, acquire information relevant to the matters inquired into herein, you are requested to give to the Plaintiffs prompt no-, tice of the nature of such information. R. Michael Wetherbee Attorney for Plaintiffs Minnesota Civil Liberties Union 628 Central Avenue Minneapolis, Minnesota 5543 612/332--2032 Dated: 1�3 DORSEY, MARQUART, WINDHORST, WEST 8, HALLADAY DONALD WEST MICHAEL E. BRESS WALDO F MAROUART RAYMOND A. REISTER JOHN W. WINDHORST JOHN J.TA"LOR HENRY HALLADAY BERNARD G. HEINZEN JULE M.HANNAFORD WILLIAM J. HEMPEI. ARTHUR B.WHITNEY JOHN S. HI.RB5 R US SELL W. LINDOUIST ROBERT 0. FLCTTEN DAVID R. ER NK JOHN D. LEVINE HORACE HITCH ROBERT J. STRUYK VIRGIL H. HILL MICHAEL A.OLSON ROBERT V. TAR BOX LARRY W. JOHNSON DEFOREST SPENCER THOMAS S. HAY ROBERT J. JOHNSON G.LARRY GRIFFITH M. B. HASSELOUIST CRAIG A. BECK PETER DORSEY DAVID L McCUSKEY GEORGE P. FLANNERY THOMAS 0. MOE CURTIS LROY JAMES H.OHAGAN ARTHUR E. WEISBERG MICHAEL W_ WRIGHT DUANE E. JOSEPH LARRY LVICKREY FREDERICK E. LANGE LOREN R. KNOTT JAMES B. VESSEY PHILLIP H. MARTIN WILLIAM A.WHITLOCK REESE C. JOHNSON E.J. SCHWARTZBAUER CHARLES J.HAUENSTEIN THOMAS M. BROWN CHARLES A. GEER CORNELIUS D. MAHONEY JOHN C.ZWAKMAN THOMAS S. ERICKSON JOHN R.WICKS WILLIAM C. BABCOCK EUGENE LJOHNSON 2400 FIRST NATIONAL BANK BUILDING JOHN W. WINDHORST, JR. WILLIAM P. LATHER MICHAEL PRICHARD DOUGlAS D. McFARLAND M I N N E A P O L I S, MINNESOTA S S 4 0 2 THOMAWILLIAM R. MAN Y HNEN DAVID L. BO WILLIAMS L. RICHAR G SWANS RICHARD G_SWANSON VINCECRAIG 5-WALKS VINCENT S. WALNOWIAK ( 612) 333 — 2151 FAITH L.OHMAN DAVID A. RANHEIM ALAN D. GILLILAND JAMES W. LICKE CABLE: DOROW ROBERT J. SILVERMAN LAWRENCE R. OLIVER TELEX: 29-0605 JAMES M_KLESBA WILLIAM R. HIBBS FRANK H.VOIGHT WILLIAM E. MARTIN JOHN D.KIRBY WILLIAM H.HIPPEE,JR. 1468 W— FIRST NATIONAL BANK BUILDING PHILIP F_ BOELTER STEPHEN G.SHANK ST. PAU L, M I N N ESOTA 55101 WILLIAM B. PAYNE ROBERT A. BURNS (612) 227-8017 JAN STUUPMANS TONI A-BEITZ R. A. SCHWARTZBAUER MICHEL A.LAFOND DAVID N.FRONEK BRADFORD LFERGUSON JONATHAN VILLAGE CENTER THOMAS WTINKHAM ROGER J. MAGNUSON CHASKA, MINNESOTA 55318 JON F. TUTTLE (6 12 ) 448-4012 ROBERT A. HEIBERG EMERY W. BARTLE MICHAEL J. RADMER 115 THIRD STREET SOUTHWEST CURTIS L_STINE ROCHESTER, MINNESOTA 55901 MICHAEL TRUCANO OF COUNSEL (507) 288-3156 WILLIAM J. KEPPEL DAVID E BRONSON JAMES A. FLADER LEAVITT R. BARKER WILLIAM A.JOHNSTONE GEORGE E. ANDERSON WILLIAM E. BOWEN ROBERT L. VAN FOSSEN February 8, 1973 Mr. Warren C. Hyde Village of Edina 4801 West 50th Street Edina, Minnesota Re: Village of Edina vs. John Filter (Picketing Ordinance) Dear Mr. Hyde: On January 8, 1973, Thomas Tinkham of our office appeared before the Chief Judge of the Hennepin County District Court and moved to dis- miss this prosecution. There was no objection from the defendant, and the motion was granted by the Court. As I have previously mentioned to you, we had recommended this course of action for three reasons. First, in Pace v. Doorley, Jr., et al., (First Circuit, November 15, 1972), the Court held an ordinance identical to the Village's original ordinance unconstitutional. Second, the Village has amended the ordinance to remove the elements found objectionable by the First Circuit. The State Court would have been passing on the constitutional- ity of an ordinance that is no longer being used by the Village. Third, the very minimal penalty imposed on the defendant by the Municipal Court did not seem to warrant further prosecution expense. The plaintiffs in the federal action before Judge Lord have changed attorneys. They are now represented by Michael Wetherbee of the Minnesota Civil Liberties Union. Mr. Wetherbee has informed us that the plaintiffs have no intention of dismissing the federal action. Thomas Tinkham has scheduled a deposition of Joyce Hoffa for later this month. We will keep you informed of any developments. Very truly yours, Th m rickson TSE/cs DORSEY, MARQUART, WINDHORST, WEST &. HALLADAY DONALD WEST WALDO F MAROUART THOMAS S. ERICKSON WILLIAM C BABCOCK 2400 FIRST NATIONAL BANK BUILDING JAMES T HALVERSON CHARLES J- HAUENSTEIN JON F TUTTLE ROBERT A. HEIBERG JOHN W WINDHORST MICHAEL E_BRESS CHARLES A-GEER EMERY W BARTLE HENRY HALLADAY PAUL G. ZERBY M I N N E APO L I S, MINNESOTA 55402 JOHN C ZWAKMAN MICHAEL J- RADMER JULE M.HANNAFORD RAYMOND A.REISTER JOHN R. WICKS CURTIS L. STINE ART H UP B.WHITNEY JOHN J. TAYLOR EUGENE LJOHNSON MICHAEL TRUCANO RUSSELL W. LINDOUIST BERNARD G-HEINZEN 1. 6 12 ) 333-2151 JOHN W WINDHORST, JR. WILLIAM J-KEPPEL DAVID R.BRINK HORACE HITCH WILLIAM J. HEMPEL JOHN S HIBBS CABLE' DOROW MICHAEL PRICHARD WILLIAM R. SOTH JAMES AFLADER WILLIAM A JOHNSTONE VIRGIL H. HILL ROBERT O. FLOTTEN TELEX: 29-0605 THOMAS R.MANTHEY WILLIAM E. BOWEN ROBERT V TARBOX JOHN D. LEVINE RICHARD G-SWANSON WILLIAM P. LUTHER DEFOREST SPENCER ROBERT J. STRUYK 1468 W-FIRST NATIONAL BANK BUILDING FAITH L-OHMAN DOUGLAS O. M EFARLAND RO BERT J.JOHNSON MICHAEL A. OLSON ST. PAU L, M I N N ESOTA 55101 DAVID A. RANHEIM DAVID L. BOEHNEN M. B. HASSELOUIST LARRY W JOHNSON ( 612 ) 227- 8017 ROBERT J. SILVERMAN CRAIG L WILLIAMS PETER DORSEY THOMAS S- HAY JAMES M. KLEBBA VINCENT 5-WALKOWIAK GEORGE P. FLANNERY G. LARRY GRIFFITH WILLIAM R_HIBBS ALAN D_GILLILAND CURTIS L. ROY CRAIG A. BECK JONATHAN VILLAGE CENTER JOHN D. KIRBY JAMES W. LICKE ART H UP E.WEISBERG DAVID L.MECUSKEY CHASKA, MINNESOTA 55318 PHILIP F BOELTER DUANE E.JOSEPH THOMAS O. MOE (612) 448-4012 WILLIAM B-PAYNE AUSTIN G ANDERSON FREDERICK E. LANGE JAMES H_O'HAGAN BRUCE W BURTON ADM PARTNER JAMES B. VESSEY MICHAEL W WRIGHT JAN STUURMANS WI LLIAM A. WHITLOCK LARRY LVICKREY 115 THIRD STREET SOUTHWEST R.A_ SCHWARTZBAUER OF COUNSEL E.J. SCHWARTZBAUER LOREN R. KNOTT ROCHESTER. MINNESOTA 55901 STEVEN K.CHAMPLIN DAVID E. BRONSON THOMAS M. BROWN PHILL IP H. MARTIN ( 507 ) 288 - 3156 DAVID K FRONEK LEAVITT R. BARKER CORNELIUS D. MAHONEY REESE C JOHNSON THOMAS W TINKHAM GEORGE E.ANDERSON January 5, 1973 Mr. Warren C. Hyde Village of Edina 4801 West 50th Street Edina, Minnesota 55424 Re: Anti -Picketing Ordinance Dear Warren: We have been advised that the District Court criminal arraign- ment of John W. Filter, who was arrested for violation of the Village's anti -picketing ordinance, will take place on February 5, 1973. That arraignment is solely for the purpose of entering a plea on the part of the defendant. The trial date has not yet been set. As I mentioned to you in my prior correspondence, we may want to review this case and possibly dismiss it since the defendant does have a good argument that our ordinance as originally drafted is not constitutional. That problem, as previously advised, has now been corrected. Also, the Municipal Court gave a very minimal penalty to the defendant and it may be the better part of valor to dismiss this lawsuit and proceed with the Federal Court lawsuit which is challenging the constitutionality of the present ordinance. My comments relative to continued prosecution of Mr. Filter arise mainly from a concern that the cost involved may not justify the end result even if we are successful. I believe, by our actions to date, that the Village has made it clear that it intends to prosecute violators of that ordinance, and that dismissal will not detract from that clear position. Very truly yours, Th 4at. Erickson TSE:sp CC: Mr. T. Tinkham DORSEY,, MARQUART, WINDHORST, WEST $ HALLADAY DONALD WEST THOMAS S. ERICKSON WALDO F. MARQUART WILLIAM C. BABCOCK 2400 FIRST NATIONAL BANK BUILDING JAMES T. HALVE RSON JON F TUTTLE JOHN W. WINDHORST MICHAEL E. BRESS CHARLES J. HAUENST E I N RO BERT A. HEIBERG HENRY HALUOAY PAUL G. ZER BY M I N N E A P O L I S, MINNESOTA 55402 CHARLES A.GEER EMERY W BARTLE JULE M.HANNAFORD RAYMOND AREISTER A. JOHN C. ZWAKMAN MICHAEL J. RADMER ARTHUR B. WHITNEY JOHN J. TAYLOR JOHN R. WICKS CU RTIS L. STINE STINE RUSSELL W LINDOUIST BERNARD G. HEINZEN ( 612 ) 333 — 2 15 1 EUGENE LJOHNSON EDGEJOHN MICHAEL O DAVID R. BRINK WILLIAM EL W WINDHORST. JR. WILLIAM J_ KEPPEL HI RIL HITCH HIBBS S. HIBBS CABLE: DOROW MICHAEL PRICHARD JAMES A_FLADER HV ROBE ROBERT OEVIN TTEN TELEX: 29-0605 WILLIAM R. SOTH WILLIAM A. JOHNSTONE ROBEF TA RO BE FIT V TARBOX JOHN D. LEVINE THOMAS R_MANTHEY WILLIAM E. BRWEN D EFOREST SPENCER ROBERT J. STRUYK 1468 W—FIRST NATIONAL BANK BUILDING RIC HARD G. SWANSON WILLIAM P BOTHER RO BERT J-JOHNSON MICHAEL A. OLSON ST. PAU L, M I N N ESOTA 55101 FAITH L_OHMAN DOUGLAS D.McFARLAND K B. HASSELO UIST LARRI W JOHNSON ( 612 ) 227— 8017 DAVID A. RANH EIM NHEILVE DAVID L. BO EHNEN PETER DORSEY THOMAG.LARR S.HAV ROBERT J. MAN CRAIG LBOEHWILLIAMS G EO RGE P FLANNE RY G. LARRY GRIFFITH JAMES M. KLESBA VINCENT S.WALKOWIAK CURTIS LROY CRAIG A.BECK WILLIAM R. HIBBS ALAN D.GILLILAND ARTHUR E.WEISBERG DAVID LMcCUSKEY JONATHAN VILLAGE CENTER JOHN D. KIRBY JAMES W. LICKE DUANE E_JOSEPH THOMAS O. MOE CHASKA, MINNESOTA 55318 PHILIP F BOELT ER FREDERICK E.LANGE JAMES H_ OHAGAN (6 12 1 448-4012 WILLIAM B. PAYNE AUSTIN G. ANDERSON JAMES B. VESSEY MICHAEL W. WRIGHT BRUCE W. BURTON ADM. PARTNER WILLIAM A. LARRY EY JAN STUURMANS E BAUER RKNOT LOREN R. 115 THIRD STREET SOUTHWEST R.A_ SCHWARTZ BAUER OF COUNSEL THOMAS KBR M. BROWN MATT P fi. MARTIN ROCHESTER, MINNESOTA 55901 STEVEN K.CHAMPLIN DAVID E. BRONSON CO RN ELIUS D. MAHO NEY CORNEL REESPHILL REESE C.JOHNSON (5O7) 288 — 3156 DAVID N. FRO NEK THOMAS W TINKHAM LEAVITT E BARKER GEORGE E. AN DERSON January 4, 1973 Mr. Warren C. Hyde Village of Edina 4801 West 50th Street Edina, Minnesota 55424 Re: Anti -Picketing Ordinance Dear Warren: Enclosed is a copy of an Order from Judge Miles Lord denying all motions brought by plaintiffs and defendants in the federal anti - picketing case. It is a very strange order in that the parties agree there are no disputed facts, yet the basis of the order is that there are facts in dispute. The order, you will note in a number of instances, indicates that the plaintiff may not be successful in his action, but we apparently will have to go to trial on the merits to obtain a final decision. Very truly yours, Thongs Erickson TSE/c Enclosure UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA FOURTH DIVISION i' JOYCE, E. HOFFA, et al., ) Plaintiffs, ) VS. WARREN C . I. ' ) DE, Individually ) and as 14anager of the Village ) ,,.of Edina, et al No. 4-72 Civil 369 O R D E R a"' DEC 2�0 °-arr Defendants. ) �1e,,,e y Cleric 1 I By - — Deputy. Craig R. Anderson, 924 Flour Exchange Building, Minneapolis, Minnesota 55415, attorney for plaintiffs. Dorsey, Marquart, Windhorst, West & Halladay, 2400 First National Bank Building, Minneapolis, Minnesota 55402, by Thomas Tinkham, attorneys for defendants. This matter is before the Court pursuant to motions by the plaintiffs for a temporary injunction and summary judgment, and a motion by the defendants for summary judgment. Plaintiffs are contesting the validity of an Ordinance, recently passed by the Village of Edina which prohibits picketing of private residences. Plaintiffs purport to bring this action as a class action and define the class as consisting of all members of the National Fed- eration of the Blind of Minnesota Inc. a non-profit Minnesota ! 3 corporation. In an attempt to publicize a dispute with the Minneapolis Society for the Blind, Inc., plaintiffs had been engaged in peaceful picketing and handbilling before the principal offices of the Society and before the homes of some of the Soci- ety's officers, directors, and agents. Some of these homes being picketed were located in the defendant Village of Edina. It is f! alleged that as a direct response to this picketing and handbilling,� li the Edina Village Council enacted the contested Ordinance. Plain I! Ij tiffs further allege that as a result of this ordinance they have V ad picketing in Edina, and have no alternate means to communi- their grievances. There are no allegations that plaintiffs `hreatened with prosecution. Defendants have moved this Court for a summary judgment on )us grounus. In particular it is alleged that the plaintiffs have not alleged sufficient facts to establish standing to sue, and even if standing is established the plaintiffs have not alleged sufficient irreparable harm to warrant the issuing of an injunction in these circumstances. Defendants rely heavily on Younqer v. Harris, 401 U.S. 37 (1971) and its progeny. In Younqer, the Court dismissed the suit as to three plaintiffs who were not I arrested nor threatened with prosecution under the contested legislation and whose sole interest in the law suit was that they felt inhibited by the existence of the legislation on the books. The Court stated: Whatever right Harris, who is being prosecuted under the state syndicalism law may have, Dan, Hirsch, and Broslawsky cannot share it with him. If these three had alleged that they would be prosecuted for the conduct they planned to engage in, and if the District Court had found this alle- gation to be true --either on the admission of the State's district attorney or on any other evidence then a genuine controversy might be said to exist. 401 U.S. at 42. In the instant case, plaintiffs have not alleged that they were threatened with prosecution and in that sense the complaint might be defective. However, the motion before the Court is a motion for summary judgment and such a motion cannot be granted if it would be possible for the plaintiffs to recover under any set of facts consistent with the allegations. Clausen and Sons Inc. v_ Theodore Hamm Brewing Co., 395 F.2d 388 (8th Cir. 1968). In light of the allegation that the ordinance was instigated as a direct response to the plaintiffs' activities, the Court will i� i' reserve its ruling on the issue of -standing until there is full r development of the facts in this regard. �� Similarly, the resolution of the defendants' claim that I d —2— �` plaintiff has not allecJed sufficient irreparable harm to currant equitablc relie,_ -,just await further factual development. In Younger the Court made it clear that irreparable harm, both great and immediate, ::lust be e�+ stD, blished before equitable relief is justified when dealing -'With state criminal prosecutions. Further - More, t :e mere Possibility of a chilling effect on one's First <i'end::;ent rights is not su_-ficient to justify the intrusion into state criminal matters. The Court recognizes that the bur- den on the plaintiffs is a heavy one, but at this stage in the i proceedings summaryo judgment must be denied so that all of the facts in the matter may be exposed. As for plaintiffs' motions, to the extent that the motion was a motion for summary judgment, it too must be denied on the basis of the presence of disputed material factual questions. To the extent that plaintiffs' motion was a motion for a tempo- rary injunction, it must be denied inasmuch as Plaintiff at this Point has failed to establish a substantial liklihood of success on the merits. Cox v. Northwest Airlines, Inc., 319 F. Supp_ 92, 95-96 (D.C. Minn. 1970). Defendants' motion for summary judgment is denied. Plaintiffs' motions for summary judgment and for a temporary injunction are denied. IT IS SO ORDERED. D' / Un ed States District Judge i DATED: �i ii� pppppw DORSEY, MARQUART, WINDHORST, WEST & HALLADAY DONALD WEST WA DO F. MARQUART THOMAS S-ERICKSON WILLIAM C. BABCOCK 2400 FIRST NATIONAL SANK BUILDING JAMES T. HALVERSON CHARLES J- HAUENSTEIN JOHN W. WINDHORST MICHAEL E.BRESS CHARLES A. GEER HENRY HALLADAY PAUL G. ZERBY M I N N E A P O L I S, M IN N E S O TA 55402 JOHN C. ZWAKMAN JULE M.HANNAFORD RAYMONO A.REISTER JOHN R-WICKS ART M UP B.WHITNEY JOHN J. TAYLOR EUGENE LJOHNSON PUSS ELL W. LINDQUIST BERNARD G. HEINZEN 612 ) 333 — 2151 JOHN W WINDHORST, JR_ DAVID R. BRINK WILLIAM J. HEMPEL CABLE: DOROW MICHAEL PRICHARD HORACE HITCH VIRGIL H. HILL JOHN S. HIBBS ROBERT O. FLOTTEN TELEX: 29-0605 WILLIAM R. SOTH THOMAS R_ MANTHEY ROBERT V TARBOX JOHN D. LEVINE RICHARD G. SWANSON DEFOREST SPENCER ROBERT J. STRUYK 1468 W—FIRST NATIONAL BANK BUILDING FAITH LOHMAN ROBERT J-JOHNSON MICHAEL A. OLSON ST. PAU L, M I N N ESOTA 55101 DAVID A. RANHEIM M. B. HASSELOUIST LARRY W JOHNSON ( 612 227— 8017 ROBERT J- SILVERMAN PETER DORSEY THOMAS SHAY JAMES M. KLEBBA GEORGE P. FLANNERY G. LARRY GRIFFITH WILLIAM R HIBBS CURTIS L.ROY CRAIG A_BECK JONATHAN VILLAGE CENTER JOHN D-KIRBY ARTHUR E-WEISBERG DAVID LMcCUSKEY CHASKA, MINNESOTA 55318 PHILIP F BOELTER DUANE E.JOSEPH THOMAS 0-MOE ( 612 ) 448 — 4012 WILLIAM B. PAYNE FREDERICK E. LANGE JAMES H. OHAGAN BRUCE W. BURTON JAMES B.VESSEY MICHAEL W. WRIGHT JAN STUURMANS WILLIAM A. WHITLOCK LARRY LVICKREY 115 THIRD STREET SOUTHWEST R.A. SCHWARTZBAUER E.J. SCHWARTZBAUER LO FEN R. KNOTT ROCHESTER, MINNESOTA 55901 STEV EN K. CHAMPLIN THOMAS MEBROWNPHILLIP H. MARTIN 1507) 288-3156 DAVID N. FRONEK CORNELIUS D. MAHONEY REE5E C.JOHNSON TH 0MAS W. TINKHAM December 15, 1972 Mr. Warren C. Hyde Village of Edina 4801 West 50th Street Edina, Minnesota 55424 Re: Anti -Picketing Ordinance Dear Warren: JON F. TUTTLE ROBERT A. HEIBERG EMERY W BARTLE MICHAEL J. RADMER CURTIS LSTINE MICHAEL TRUCANO WILLIAM J. KEPPEL JAMES A.FLADER WILLIAM AJOHNSTONE WILLIAM E. BOWEN WILLIAM P LUTHER DOUGLAS D. McFARLANO DAVID LBOEHNEN CRAIG LWILLIAMS VINCENT S-WALKOWIAK ALAN D. GILLILAND JAMES W_ LICKE AUSTIN G. ANDERSON ADM PARTNER OF COUNSEL DAVID EE BRONSON LEAVITT R. BARKER GEORGE E.ANDERSON Confirming our telephone conversation yesterday, relative to the two lawsuits now pending concerning the anti -picketing ordinance of the Village, it is our intent to proceed as follows relative to those two actions: 1. We will attempt to obtain dismissal of the federal district court action. A memorandum of law supporting that dismissal is enclosed for your information. The basis of the dismissal will be that there should be no federal court action while a criminal action is pending in state court. 2. If the federal district court action is dismissed, we will proceed with prosecution of the criminal action in the state district court. However, as we discussed, that criminal action is being brought under the original ordinance and the original ordinance, as drafted, and subsequent to its adoption by the Village, has been found unconstitutional due to the distinction in the ordinance between labor and non -labor picketing. The amendment later adopted by the Village removed this distinction. Therefore, prosecuting under the original ordinance, we may not be successful because of the constitutional objection found by other courts. If unsuccessful, we would not appeal that action. The Village would then yet be in a position to enforce its subsequent ordinance. Although we did not discuss it, we may also want to give some consideration to dismissing the state court action under the original ordinance in the event that the federal court does not dismiss the federal court action. The penalty imposed by the municipal court against Filter was DORSEY, MARQUART, WINDHORST, WEST a HALLADAY Mr. Warren C. Hyde Village of Edina December 15, 1972 Page - 2 - minimal at best, and as stated, he has, by recent federal court decisions, a good argument for the unconstitutionality of the original ordinance. We will keep you advised of the activity in both of these cases. Very truly yours, Tho as S. Erickson TSE/c Enclosure UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA FOURTH DIVISION Joyce E. Hoffa, et al., Plaintiffs, VS. Civil Action File No. 4-72 Civil 369 Warren C. Hyde, Individually and as Manager of the Village of Edina, et al., Defendants DEFENDANTS' SUPPLEMENTAL MEMORANDUM OF LAW DORSEY, MARQUART, WINDHORST, WEST & HALLADAY By: Thomas Tinkham 2400 First National Bank Building Minneapolis, Minnesota 55402 Telephone: 612-333-2151 Attorneys for Defendants Table of Contents Pape I. CONSIDERATIONS OF EQUITY AND COMITY. AS EMBODIED IN THE YOUNGER V. HARRIS "SEXTET," REQUIRE THAT THE INSTANT CASE BE DISMISSED. . . . . . . . . . . 1 A. The Applicability of Younger . . . . . . . . . . . . . 1 B. Plaintiffs' Suggested Distinctions. . . . . . . . . . 3 II. PLAINTIFFS" ALLEGATIONS ARE INSUFFICIENT TO CONSTITUTE THE "GREAT AND IMMEDIATE" IRREPARABLE HARM NECESSARY TO JUSTIFY FEDERAL INTERFERENCE WITH STATE CRIMINAL PROSECUTIONS UNDERYOUNGER V . HARRIS . . . . . . . . . . . . . . . . . . . . 8 III. CONCLUSION . . . . . . . . . . . . . . . . . . . . . . . . . .12 -i- I. CONSIDERATIONS OF EQUITY AND COMITY, AS EMBODIED IN THE YOUNGER V. HARRIS "SEXTET,"REQUIRE THAT THE INSTANT CASE BE DISMISSED. A. The Applicability of Younger The case of Younger v. Harris, 401 U.S. 37 (1-971.), makes one central point. "A federal lawsuit to stop a prosecution in a state court is a serious matter.t0 Younger, 401 U.S. at 42. And stopping a prosecution, the Court makes clear in Younger and its five companion cases, can take many forms. It may take the form of: a straightforward attempt to enjoin a pending state court criminal prosecution. Youn&er,, supra. Or it may be attempted indirectly by seeking a declaratory judgment. Samuels v. Mackell, 401 U.S. 66 (1971). But in either case, Mr. Justice Black emphasizes that a proper view of the limits of equitable relief, which are "narrow," see Younger 401 U.S. at 44, and a proper respect for state functions, which are"vital," id., prohibit federal court interferences. The issue is serious, because it strikes at the heart of what Justice Black calls "Our Federalism." Id. In the instant case, a declaratory judgment or injunction would have the effect of stopping a pending state prosecution. That prosecution, to be sure, is based on a slightly different form of the ordinance from that challenged in the instant case. But running through each is precisely the same constitutional. issue: INIhether picketing at private dwellings is a constitutionally protected activity. In this situation, both parts of the Court's reasoning in Younger are applicable. First, equity should stay its hand when a single suit might prove adequate to protect the rights asserted. -1- �ouner, 401 U.S. at 44. Here it would be wise for equity not to intervene until the state has had a chance to interpret the ordinance. Second, a proper respect for state functions requires that this court abstain from granting the requested relief. "What the concept [of federalism] does represent is a system in which there is sensitivity to the legitimate interests of both State and National Governments, and in which the National Government, anxious though it may be to vindicate and protect federal rights and federal interests, always endeavors to do so in ways that will not unduly interfere with the legitimate activities of the states." Id. The continuing importance of this consideration is reflected in a variety of recent decisions. See, e.g., Askew v. Hargrave, 401 U.S. 476 (1971); Reetz v. Bozanich, 397 U,S. 82 (1970). In Reetz, for example, Mr. Justice Douglas found that "a state court decision here. . could conceivably avoid any decision under the Fourteenth Amendment and avoid any possible irritant in the federal -state relationship." 397 U.S. at 86-87. The Court said, "We think the federal court should have stayed its hand while the parties resorted to the state courts. . ." Id. at 87. Mr. Justice Douglas quoted approvingly from City of Meridiaiv. Southern BellTel. & Tel. Co., 358 U.S. 639 (1959). In that case, it was said that: "[W]hen the state court's interpretation of the statute or evaluation of its validity under the state constitution may obviate any need to consider its validity under the Federal Constitution, the federal court should hold its hand, lest it render a constitutional decision unnecessarily." 358 U.S. at 641. So, too, the Court here should stay its hand for reasons of equity and comity until the state court has had a chance to resolve these matters in the pending state prosecution. -2- B. Plaintiffs' Suggested Distinctions Plaintiffs, however, attempt to distinguish the instant case from Younger. The distinctions plaintiffs draw are threefold. First, one finds a play on words. They claim, "The plaintiffs here have never sought relief from this Court which would stop any State prosecution." Plaintiffs' Supplemental Memorandum, at 1. The fact that this is not the immediate result of plaintiffs' desired relief does indeed distinguish the instant case from Younger. It does not, however, distinguish the instant case from Samuels. For there the relief prayed for was not an injunction but a declaratory judgment, which in itself has no effect on an ongoing state prosecution. The Samuels Court, per justice Black, was nonetheless unimpressed by the distinction, "for at least two reasons." 401 U.S. at 72. The Court said: "In the first place, the Declaratory Judgment Act provides that after a declaratory judgment is issued, the District Court may enforce it by granting '[flurther necessary or proper relief,' 28 U.S.C. §2202, and therefore a declaratory judgment issued while state proceedings are pending might serve as the basis for a subsequent injunction against those proceedings to 'pro- tect or effectuate' the declaratory judgment, 28 U.S.C. §2283, and thus result in a clearly improper inter- ference with the state proceedings. Secondly, even if the declaratory judgment is not used as a basis for actually issuing an injunction, the declaratory relief alone has virtually the same practical impact as a formal injunction would." Id. What the Court is interested in, then, is not form, but substance. And this Court ought not to ask the merely formal question of whether the demanded relief would immediately stop a state prosecution, but the substantive one of whether it would have that practical impact. The fact that in the instant case "the only effect a decision by this court. . . could have. . . would be one of stare decisis," see Plaintiffs' Supplemental - 3- Memorandum at 1, and not injunctive prohibition (Younger) or res judicator (Samuels) is of no consequence. The practical test is clear: Will the declaration effectively deny the State Court the opportunity to decide the mat- ter for itself? See Samuels, supra at 72. Here, a decision on the merits would do precisely that. The Younger group of cases is, therefore, clearly applicable. The second distinction plaintiffs seek to draw is that in Younger it was assumed that the federal plaintiff could obtain a rapid resolution of the federal constitutional claim if he pursued it in state court criminal litigation. See Plaintiffs' Supplemental Memorandum at 2. Where they find this assumption is unclear. It is certainly not to be found in Younger, where it is assumed, after all, that resolution in a state court will take time --hence, the stress placed on the importance of a showing of "immediate" irreparable injury to justify federal intervention. See Younger, 401 U.S. at 46. As the concurring opinion of Mr. Justice Stewart, with whom Mr. Justice Harlan joined, seems to suggest, the choice is often one between "speedy and effective'federal action and a proper deference to pending state adjudication. Id. at 56. Plaintiffs suggest, moreover, that'�he prosecution may well terminate without resolution of the First Amendment claims the plaintiffs have made in this Court." That, of course, is always the case in abstention situations. A court can never be sure what a case will eventually turn on when it chooses to remand a matter to state court. The question is really only whether state court adjudication here could decide the central issue and avoid federal court intervention. As the two passages quoted earlier from Reetz, supra, suggest, one must ask whether a state court interpretation "may obviate" the need to consider its constitutional validity or, as -4- Justice Douglas points out, whether a state court decision "could conceivably avoid [a] decision under the Fourteenth Amendment. . ." 397 U.S. at 85-87 [emphasis added]. In the instant case, it is clear that a state court decision "could conceivably" decide the issue in the case at bar. The Central issue is identical in both actions: Is an ordinance prohibiting picketing before private dwellings unconstitutional? Surely one cannot expect a guarantee of the state court holding or ratio before remanding a case to state court adjudication. Third, the plaintiffs make another formal distinction. They suggest that the defendant in the state prosecution is not a member of the class prosecuting the instant action and, thus, the Younger cases do not apply. The distinction is true but trivial for two reasons. First, one must keep in mind that the test of Samuels is a practical one. The rule in that case would certainly be feckless if a defendant in a state court prosecution could avoid it merely by enlisting someone else, not technically joined with him in the earlier state court action, to seek an injunction or declaratory judgment against enforcement of the ordinance in federal court. The realities of the instant situation are clear. Both the defendant in the state court action and the plaintiff here are repre- sented by the same attorney. They are attacking essentially the same statute. They are making the same arguments. The court should, therefore, look through the formal differences in parties to the reality of the attack. It should not effectively stop pending state court adjudication. Second, and more important, the ratio of the Younger sextet permits no viable distinction between pending and future state court prosecutions. Although the court in Younger expressed "no view about the circumstances under which federal courts may act when there is no prosecution pending in -5- state courts at the time the federal proceeding is begun," 401 U.S. at 41, it is equally clear that the reasoning of that decision seems to "ignore any distinction between pending and threatened proceedings and make denial of federal relief obligatory in both situations unless bad faith enforcement can be shown." 85 Harv. L. Rev. 301, 305 (1971). A recent Fifth Circuit case had held that, under Younger, whether a state court prosecution is pending or future is, in fact, irrelevant. Becker v. Thompson, 459 F.2d 919 (5th Cir. 1972). In Becker, whose facts are analogous to those of the instant case, a shopping center complex had strictly enforced its regula- tions against handbilling because it desired to maintain an attractive place for its customers to shop without interference or irritation. Id. at 920. Plaintiffs in the action attempted to distribute handbills inform- ing passersby of an anti -war rally. They were ordered to leave and did so. A few days later, they tried again. This time they were told that they would be arrested if they continued to distribute the handbills. One of the plaintiffs was arrested; the other left to avoid arrest. The District Court denied the prayer for injunctive and declaratory relief by the plaintiff who had been arrested, under Younger and Samuels. It also denied these forms of relief to the plaintiff who had left the scene, against whom no state criminal prosecution was pending. The latter plaintiff conceded that the lower court was correct in applying a "bad faith/harassment" test to his request for injunctive relief, under Younger and earlier cases such as Douglas v. Jeannette, 319 U.S. 157 (1943), but appealed the denial of declaratory relief, pointing to the absence of a pending state prosecution. Now the Fifth Circuit, per Judge Dyer, held that he was not entitled to declaratory relief even though no state prosecution was pending, since that too could only be granted IM on a showing of bad faith/harassment. In doing so, the court decided a point which Younger had explicitly left open. The court's reasoning had several steps. First, the court saw Samuels as identifying the practical effects of declaratory relief and injunctive relief. 459 F.2d at 921-22. Second, it was clear to the court and conceded by appellant that the irreparable injury necessary for a federal injunction against a pending state prosecution could only be based on a finding of bad faith/harassment, and that "such [a] test must [also] be applied to a request for injunctive relief against threatened state court criminal prosecution." Id.at 922. This was a principle which was "viable even before Younger." Id. Earlier cases, such as Douglas, underscore the rule that "determination of questions of criminal liability under state law by a federal court of equity, are to be supported only on a showing of danger of irreparable injury." Douglas, supra at 163. Third, the court concluded that, given the essential similarity of the remedies pointed out by Samuels, the same test of bad faith/harassment must, therefore, be applied to declaratory judgments in the face of threatened prosecution. As a comment on the Younger sextet has pointed out, "Justice Black's discussion of Dombrowski has much broader implications, suggesting that even when state proceedings have not yet begun, injunctive relief --as authorized by Dombrowski --or declaratory relief --as authorized by Zwickler v. Koota, a 1967 case relying heavily on Dombrowski --may be conditioned on the same bad faith requirements. . .." 85 Harv. L. Rev. 304 (1971). Following this reasoning, the court had to deny declaratory relief since there was no showing of bad faith or harassment. A concurring opinion by Judge Tuttle points out that, on the facts given, the case would not have merited injunctive or declaratory relief under Dombrowski, and that a -7- holding on the reach of Younger was thus inappropriate. Id. at 923-26. In the instant case, plaintiff has not shown bad faith/harassment in the enforcement of Ordinance 1061. And thus it is clear that, whether or not this Court views the plaintiffs as aligned with the defendant in the state criminal prosecution, indeed whether or not there is a pending state prosecution, it must deny plaintiffs the relief which they seek. II. PLAINTIFFS' ALLEGATIONS ARE INSUFFICIENT TO CONSTITUTE THE "GREAT AND IMMEDIATE" IRREPARABLE HARM NECESSARY TO JUSTIFY FEDERAL INTERFERENCE WITH STATE CRIMINAL PROSECUTIONS UNDER YOUNGER V. HARRIS. It is unclear from plaintiffs' Complaint or Supplemental Memorandum what "irreparable injury" they would suffer if this case were not heard in federal court. They apparently rely on Dombrowski v. Pfister, 380 U.S. 479 (1965), where the court suggested that a "substantial loss or impairment of freedom of expression" could show irreparable injury. It is interesting to note that, on this issue, plaintiffs avoid any mention of Younger v. Harris, which explicitly interpreted "irreparable harm" and severely limited the reach of Dombrowski. See Younger, 401 U.S. at 47-54. As read by the Younger court, Dombrowski was a case of bad faith/harassment in which, Mr. Justice Black points out: "The appellants in Dombrowski had offered to prove that their offices had been raided and all their files and records seized pursuant to search and arrest warrants that were later summarily vacated by a state judge for lack of probable cause. They also offered to prove that despite the state court order quashing the warrants and suppressing the evidence seized, the prosecutor was con- tinuing to threaten to initiate new prosecutions of appellants under the same statutes, was holding public hearings at which photostatic copies of the illegally seized documents were being used, and was threatening to use other copies of the illegally seized documents to obtain grand jury indictments against the appellants on charges of violating the same statutes. These circumstances, as viewed by the court sufficiently establish the kind of irreparable injury, above and beyond that associated with the defense of a single prosecution brought in good faith, that had always been considered to justify federal intervention." Id. at 48. The Court held specifically that "the Dombrowski_ decision should not be regarded as having upset the settled doctrines that have always confined very narrowly the availability of injunctive relief against state criminal prosecutions." Id. at 53. Outside of what Justice Black termed "extraordinary circumstances," an example of which would be a statute "flagrantly and patently violative of express constitutional prohibitions in every clause, sentence and paragraph, and in whatever manner and against whomever an effort might be made to apply it," Id. at 53-4, federal equitable intervention must be based on an allegation of bad faith and harassment. Id. On the authority of Younger, then, since there is no such egregious allegation of bad faith or harassment in the instant case, Dombrowski is clearly inapplicable. Younger v. Harris itself is, on the other hand, more illuminating. The Court says there that "the fundamental policy against federal interference with state criminal prosecutions" is so great, that "even irreparable injury is insufficient unless it is 'both great and immediate."' 401 U.S. at 46. The Court goes on, "certain types of injury, in particular, the cost, the anxiety, and inconvenience of having to defend against a single criminal prosecution, could not by themselves be considered 'irrepar- able' in the special legal sense of that term." Id. Nor is the existence of a "chilling effect" on First Amendment liberties enough. Id. at 50-52. A chilling effect has "never been considered a sufficient basis, in and of itself, for prohibiting state action." Id. at 51. This is so "even in the area of First Amendment rights. .." Id. The Younger Court said simply, "Just as the incidental 'chilling effect' of . . . statutes does not automatically 5� render then unconstitutional, so the chilling effect that admittedly can result from the very existence of certain laws on the statute books does not in itself justify prohibiting the state from carrying out the important and necessary tasks of enforcing these laws against socially harmful conduct that the state believes in good faith to be punishable under its laws and the Constitution." Id. at 51-2. Without being able to rely on the difficulties of defending a possibly imminent lawsuit or on a "chilling effect," what possible justifications remain to plaintiffs? Clearly, only an allegation of bad faith harassment or the extraordinary sort of statutory example cited by Justice Black, supra. Plaintiffs have alleged, indeed can allege, neither. This Court of equity cannot, then, intervene, since there has been no showing of great and immediate irreparable injury in "the special legal sense." Finally, the instant case is governed by Boyle v. Landry, 401 U.S. 77 (1971). That case suggests that one who has not been prosecuted under the statute attacked cannot be irreparably injured by its possible enforce- ment. Plaintiffs have attempted in this action, somewhat unconvincingly, to separate themselves from the action pending in state court. The more firmly they urge this hermetic separation, however, the less credible is their claim to irreparable injury. In Boyle, seven groups of Negro residents in Chicago, Illinois sought injunctive relief against the enforcement of a number of Illinois statutes and Chicago ordinances. These statutes included prohibitions against mob action and resisting arrest, aggravated assault, aggravated battery and intimidation. Id.at 78. They claimed that by reason of these statutes they were intimidated in the exercise of their First Amendment rights and that, therefore, the enforce - went of the statutes ought to be enjoined. The Court was unconvinced. -10- "It is obvious that the allegations of the complaint in this case fall far short of showing any irreparable injury from threats or actual prosecutions under the intimidation statute or from any other conduct by state or city officials. Not a single one of the citizens who brought this action had ever been prosecuted, charged, or even arrested under the parti- cular intimidation statute which the court below held unconstitutional. . . . There is nothing contained in the allegations of the complaint from which one could infer that any one or more of the citizens who brought this suit is in any jeopardy of suffering irreparable injury if the state is left free to prosecute under the intimidation statute in the normal manner. As our holdings today. . . show, the normal course of state criminal prosecutions cannot be disrupted or blocked on the basis of charges which in the last analysis amounted to nothing more than speculation about the future. The policy of a century and a half against interference by the federal courts with state law enforcement is not to be set aside on such flimsy allegations as those relied upon here." Id. at 81. So also, in the instant case, policies so central to the federal system ought not to be set aside by allegations that hardly rise to the level of flimsiness. For it seems here that plaintiffs have made no attempt to specify the kinds of irreparable injury they fear, except for occasional intimations of the challenged statute's chilling effect. One finds no evidence of bad faith or harassment or egregious unconstitution- ality. Under Dombrowski, as some speculated it might have been extended, plaintiffs may have had an argument. But as the limited meaning of that case has been authoritatively rendered so recently by the Supreme Court, plaintiffs' interpretation of Dombrowski cannot be taken seriously. And Boyle, whether taken as a decision on standing or on the merits, seems closely analogous. In the absence of any adequate allegation of irreparable injury which is both "great and immediate," i.e.,which reflects bad faith and harassment, plaintiffs' motion for declaratory and injunctive relief must be denied. -11- III. CONCLUSION After Younger, it is now obvious what strength the Supreme Court attributes to "the national policy forbidding federal courts to stay or enjoin pending state court proceedings except under special circumstances." Younger, supra at 41. The Court showed itself not to tolerate formal distinctions which have the practical effect of under- mining this policy. It did not matter, for example, that the form of attack in Samuels was a declaratory judgment rather than an injunction. Here, too, the issue of the formal distinctness of the parties should not divert this Court from the underlying reality: Plaintiffs simply do not wish to await state court resolution of the issue. This is, then, clearly a case when a court of equity should recognize the limits of equitable jurisdiction and defer to state court prosecution. But even if the Court sees the interest of plaintiffs here and the defendant in the state court criminal prosecution as not aligned, it should still deny plaintiffs' motion under (a) the persuasive reading of Younger given by the Fifth Circuit in Becker and (b) the strict test of irreparable injury laid down by Younger and Boyle. The plaintiffs themselves are not being prosecuted under the statute, as they have stressed mightily in argument. But even if one takes no account of the pending state action, the plaintiffs must nonetheless fail to -gain their exceptional remedy. For it would be improper for a district court to grant declaratory or injunctive relief without more substantial evidence of "irreparable injury." As in Boyle, the allegations here "fall far short of showing any irreparable injury. . .." 401 U.S. at 80. -12- Plaintiffs' Motion, for all these reasons, must be denied and this case dismissed. DORSEY, MARQUART, WINDHORST, WEST & HALLADAY By Thomas Tinkham 2400 First National Bank Building Minneapolis, Minnesota 55402 Telephone: 612-333-2151 Attorneys for Defendants -13- DORSEY, MARQUART, WINDHORST, WEST & HALLADAY DONALD WEST WA DO F. MARQUART THOMAS 5. ERICKSON WILLIAM C. BABCOCK 2400 FIRST NATIONAL BANK BUILDING JAMES T HALVERSON CHARLES J. HAUENSTEIN JON F. TUTTLE ROBERT A_ HEIBERG JOHN W. WINDHORST MICHAEL E.BRESS CHARLES A. GEER EMERY W BARTLE HENRY HALLADAY PAUL G. ZERBY M I N N E A P O L I S, MINNESOTA 55402 JOHN C. ZWAKMAN MICHAEL I RADMER JULE M. HANNAFORD RAYMOND A.REISTER JOHN R. WICKS CURTIS LSTINE ARTHUR B.WHITNEY JOHN J. TAYLOR EUGENE LJOHNSON MICHAEL TRUCANO RUS SELL W. LINDQUIST BERNARD G. HEINZEN ( 612 ) 333 — 2 15 1 JOHN W WINDHORST, JR. WILLIAM J- KEPPEL DAVID R.BRINK HORACE HITCH WILLIAM J_ HEMPEL JOHN 5. HIBBS CABLE: OOROW MICHAEL PRICHARD WILLIAM R. SOTH JAMES AFLADER WILLIAM A. JOHNSTONE VIRGIL H. HILL ROBERT O. FLOTTEN TELEX: 29-0605 THOMAS R_ MANTHEY WILLIAM E_BOWEN ROBERT V. TARBOX JOHN D. LEVINE RICHARD G-SWANSON WILLIAM P. LUTHER DEFOREST SPENCER ROBERT J. STRUYK 1468 W—FIRST NATIONAL BANK BUILDING FAITH L.OHMAN DOUGLAS D. M CFARLAND ROBERT J. JOHNSON MICHAEL A. OLSON ST. PAUL,MINNESOTA 55101 DAVID A.RANHEIM DAVID L.BOEHNEN M. B. HASSELOUIST LARRY W JOHNSON ( 612 ) 227— 8017 ROBERT J. SILVERMAN CRAIG L. WILLIAMS PETER DORSEY THOMAS SHAY JAMES M.KLEBBA VINCENT S.WALKOWIAK G EORGE P. FLANNERY G. LARRY GRIFFITH WILLIAM R_HIBBS ALAN D_GILLILAND CURTIS L_ROY CRAIG A. BECK JONATHAN VILLAGE CENTER JOHN D KIRBY JAMES WLICKE ART H UR E_WEISBERG DAVID L.McCUSKEY CHASKA, MINNESOTA 55318 PHILIP F. BOELTER DUANE EJOSEPH FREDERICK FLANGE THOMAS O. MOE JAMES H.O'HAGAN (612 ) 448 —4012 WILLIAM B. PAYNE BRUCE W BURTON AUSTIN G ANDERSON ADMPARTNER JAMES B-VESSEY MICHAEL W. WRIGHT JAN STUURMANS WI LLIAM A. WHITLOCK LARRY L-VICKREY 115 THIRD STREET SOUTHWEST R_ A.SCHWARTZBAUER OF COUNSEL E- J. SCHWARTZBAUER LOREN R. KNOTT ROCHESTER, MINNESOTA 55901 STEVEN K-CHAMPLIN DAVID E. BRONSON THOMAS M. BROWN CORNELIUS D. MAHONEY PHILLIP H. MARTIN REESE C. JOHNSON (507) 288-3156 DAVID N. FRONEK THOMAS W TINKHAM LEAVITT R-BARKER GEORGE E. ANDERSON November 28, 1972 Mr. Warren C. Hyde Village of Edina 4801 West 50th Street Edina, Minnesota 55424 Re: Anti -Picketing Ordinance Dear Warren: As you know, Judge Lord, of the Federal District Court, has the case involving the validity of the Village's anti -picketing ordinance under advisement. He has not yet reached a decision and just recently asked the attorneys representing plaintiffs and the defendants to prepare a brief before him concerning the applicability of the case of Younger v. Harris, 401 U.S. 37 (1971), which case involved, as here, the same case being tried concurrently in both the state and federal courts. In addition, there have been two recent cases which have held picketing ordinances to be unconstitutional. One is the case of Pace v. Doorley, Jr., et al, U.S. Circuit Court of Appeals (First Circuit), cited November 15, 1972, which held that an ordinance almost exactly like the Village's, prior to the amendment of the Village's ordinance, was un- constitutional because it made an impermissible distinction between labor picketing and other peaceful picketing. The other is a Supreme Court case decided the first week of November which held a United States statute prohibiting picketing on federal grounds in Washington, D. C. to be un- constitutional. Although we have had success to date in enforcing the ordinance, and although we were optimistic following the presentation of oral argument and briefs to Judge Lord, these recent cases do give us some cause for concern. DORSEY, MARQUART, WINDHORST, WEST a HALLADAY Mr. Warren C. Hyde Village of Edina November 28, 1972 Page- 2- It would be well for the Village to now give some thought to an appeal of this case to the Eighth Circuit Court of Appeals should that become necessary. Very truly yours, n T omas S. EricksoA- TSE/c CC: Mr. T. Tinkham DORSEY, MARQUART, WINDHORST, WEST & HALLADAY DONALD WEST WALDO F MARQUART THOMAS S- ERICKSON WILLIAM C. BABCOCK 2400 FIRST NATIONAL BANK BUILDING JAMES T HALVERSON CHARLES J. HAUENSTEIN ROBERT A HEIBERG EMERY W. BARTLE J OHN W.WINDHORST MICHAEL E. BRESS CHARLES A.GEER MICHAEL J. RADMER HENRY HALLADAY PAUL G. ZERBY M I N N E A P O L I S, M I N N E S O TA 55402 JOHN C. ZWAKMAN CURTIS L STINE JUL E M. HANNAFORD RAYMOND A-REISTER JOHN R-WICKS MICHAEL TRUCANO ARTHUR 3-WHITNEY JOHN J-TAYLOR EUGENE L.JOHNSON WILLIAM J. KEPPEL RUSSELL W-LINDQUIST BERNARD G. HEINZEN (612) 333-2151 JOHN W. WINDHORST, JR. JAMES A. FLADER DAVID R. BRINK WILLIAM J-HEMPEL MICHAEL PRICHARD WILLIAM A.JOHNSTONE HORACE HITCH JOHN S. HIBBS CABLE: DOROW WILLIAM R.SOTH WILLIAM E. BOWEN VIRGIL H. HILL ROBERT O. FLOTTEN THOMAS R MANTHEY WILLIAM P-LUTHER RO BERT V. TARBOX JOHN O.LEVINE RICHARD G. SWANSON DOUGLAS D. McFARLAND DEFOREST SPENCER ROBERT J. STRUYK DAVID A_RANHEIM DAVID LBOEHNEN RO BERT J.JOHNSON MICHAEL A. OLSON 1468 W—FIRST NATIONAL BANK BUILDING ROBERT J. SILVERMAN ROBERT M. HALVORSON M.B.HASSELOUIST LARRY W. JOHNSON ST. PAUL,MINNESOTA 55101 JAMES M.KLEBSA CRAIG LWILLIAMS P ETER DORSEY THOMAS S. HAY (612) 227-8017 WILLIAM R. HIBBS VINCENT S.WALKOWIAK GEORGE P. FLANNERY G. LARRY GRIFFITH JOHN D_KIRBY CURTIS LROY CRAIG A. BECK PHILIP F BOELTER ARTHUR E_WEISSERG DAVID L MCCUSKEY WILLIAM B. PAYNE AUSTIN G.ANDERSON DUANE EJOSEPH THOMAS O_MOE JONATHAN VILLAGE CENTER BRUCE W_BURTON ADM.PARTNER FREDER ICK FLANGE JAMES H.O'HAGAN CHASKA, MINNESOTA 55318 JAN D_STUURMANS JAMES B.VESSEY MICHAEL W. WRIGHT (612) 448-4012 R.A_ SCHWARTZBAUER WILLIAM A.WHITLOCK LARRY L. VICKREY DAVID N. FRONEK OF COUNSEL E.J. SCHWARTZBAUER LOREN R_KNOTT THOMAS W TINKHAM DAVID E. BRONSON THOMAS M. BROWN PHILLIP H. MARTIN JON F. TUTTLE LEAVITT R.BARKER CORNELIUS D_MAHONEY REESE C. JOHNSON EARL LDEVINE GEORGE E.ANDERSON October 2, 1972 Mr. Warren C. Hyde, Village Manager Village of Edina 4801 West 50th Street Edina, Minnesota 55424 Re: Anti -Picketing Ordinance Dear Mr. Hyde: Enclosed are two Notices of Appeal in the John W. Filter case -- one to the Hennepin County District Court and one to the Minnesota Supreme Court. The normal appeal is to the District Court, but Mr. Filter's attorney is hoping to shortcut the procedure by going directly to the Supreme Court. We are studying the possibility of obtain- ing a dismissal of the Supreme Court appeal. If the appeal to the Supreme Court is absolutely wrong, we will seek to have it dismissed. However, it may be best to have it heard in the Supreme Court to obtain a final decision there and avoid the additional costs and expenses of going first to the District Court and then to the Supreme Court. Very truly yours, Thomas S. Erickson TSE/c Enclosures ,L C OU 21- Oyl IT TTrE IN NSta to of 1411 e a o t 3, Ila in If f Vs. dobn ';,T. Piper, Def'endo.nt. TO x1170 -307-MM I'1AINTIFFi 4 $EPa007 'Tj&gjpMUNICIPAL _,!0 RT FIFTH DIVISION, EDINA 170TICT", OF Case No. 177890 Please ta'se notioe that Defendant solui William Filter gppcal.s to the Suprepie Court of the State of. VTianiesota :rro," tiae judk azPnt of conviotion entered in the Kennepin County lhuiicipral Uourt in the above -entitled action ou septe:dber 12, 1172. Cr, ar, R. Anderson Attorney for Defendant 924 " lour Yxchnnge Building Miluleapoll a I IN 55415 333 2555 Dated: SeTitember ?_Ot 1972. c TTI -.11- 1 c �r T S I O"T J St:lte of C' S 11, f VP 'A V Piltert 17T39. 3 Def endo at • T(-I, TH" PlAr,TTIPFt 'I 1 -1 .1 Pienso ta',:o notico trot in nceovil-mUv i ce wit Ant, tee -(rctlma 633-209 Ivillirm ?ilter appenlo on questions of low and fnet to the ;1JetrIct Coiat for C�)i"t- it to 1-1 y from 'lie of convIction inttered in tMe notion In tie Hennepin Co-unty Nunicipol Court oin F5epte.nbc6 12, 1972. Atto:� u-.-y for Defendt,,.A C 92'4 I-loar 'Ix6aa-e "aildin', 55415 333 2-535 Dited: Septerber. 21, IQ72. 0(-'T a TY OF State of .Llnnesotq, PIMi?•atiff, vS. John >tiillian Filter, Defendant. ESTATE Oil' MITiIMSOTA COUNTY OF ' .KrTPaTi'IN SS. .d: IFTCH DI Y ISI� )11, `-D-!'TA AFFID.WIT OF JO,lT0 hIiJU A � FILTER Case. Ii o . 1778,90 Your .affiant, John n.rillinm Filter, being first duly sworn, deposes and says that: 1. "Fe is the Defendant in this action. 2. Your affiant is presently in the process of changing Jobs. His net income from his former job approximated 500 per month. He bas as yet earned no salary from his new jQb. 3., Your aff.iant is wi.11in, to keep the peoce, be of good beh-ivior, and ,,ibi.de the Jude lent of the District Court in the instant appeal. Your aff$ont yokes this offid,=vit for the purpose of -z-fectixv, his nppeal to trn District Court in this getion without posing, of the bppeal board otherwise required by law. J6E t'tilliam Filter L'-ab,icribecl acid si.ora to before me t :is 21st clay of Septe,nnber, 1972. — =3 :?%'a .9� �' . �y - Llb l i c XAAWA AAAAA.AAA.AA,AAAAAAA At, AA A A A Ae;( �.� CRAIG R. ANDERSON HENNEPIN -:;0U ATY My commission Expires Sep. 8, 1978 Xlrrrrvdv�lrrvrnrrrrvrr rrvro�ryrrr+rvv DORSEY, MARQUART, WINDNORST, WEST & HALLADAY DONALD WEST WALDO E MAROUART THOMAS S. ERICKSON WILLIAM C. BABCOCK P— 4 O 0 FIR 5 T NATIONAL BANK B U I L D I N G JAMES T HALVERSON ROBE T A HEIBERG JOHN W.WINDHORST MICHAEL E. BRESS CHARLES J- HAUENSTEIN EMERY W. BARTLE HENRY HALUDAY PAUL G. ZERBY M t N N E A P O L I S, M I N N E S O TA 55402 CHARLES A. GEER MICHAEL J. RADMER J ULE M_HANNAFORD RAYMOND A. REISTER JOHN C.ZWAKMAN CURT{S L STINE B_. J. TAYLOR JOHN R_WICKS MICHAEL TpUCANO RUSSARTHUR LL W. DOUIST LIN DQY BERNJOHN BERNAM G. N EUGENE L_JOHNSON WILLIAM J. KEPPEL DAVID BRINK DAVID R. EMPELHEINZ WILLIAM J. HEMPEL (612) 333 — 2151 JOHN W. WINDHORST, JR. JAMES A. FLADER HITCH R HITCH S. HIBBS CABLE: DOROW MICHAEL PRICHARD WILLIAM R_SOTH WILLIAM A.JOHNSTONE WILLIAM E. BOWEN VI IL RDBEJOHNRT ROHND0.FLOTTEN THOMAS R.MANYHEY WILLIAM P. LUTHER HOBERH.HILL ROBERTV_TARNC DEFOREST SPENCER JOHNTJ_STNE J. STRUYK RICHARD G. SWANSON DOUGLAS D_MtFA ftIAND ROBERT J.JOHNBON MICHAEL MICHAEL AOLSON 1468 W—FIRST NATtON.AL BANK BUILDING DAVID A- RANHTJ-SIL DAVID EN M_B.HASSELOUIST LARRYW.JOHNSON ST. PAUL, MINNESOTA 55101 ER ROBERT J_SILVERMAN T A_HAL ROBERT M_HALVORSON PETER DORSEY THOMAS SHAY (612) 227-8017 JAM ES M_KLEBBA CRAIG LWILLIAMS GEORGE P_ FLANNERY G_LARRY GRIFFITH WILLIAM R.HIBBS VINCENT S.WALKOWIAK CURTIS LROY CRAIG A. BECK JOHN D. KIRBY IRBY ARTHUR E_WEISBERG DAVID L. M.CUSKEY PHILIP F. R SEPH JONATHAN VILLAGE CENTER WILLIAM B.PAYNE W_BURTON AUSTIN G.ANDERSON FREDUADERICKNE ICK E.LANGE JAMESTHOMAFt. JAMES H. O'WRIGH CHASKA, MINNESOTA 5531E BRUCE JAN D.STUURMANS ADM -PARTNER JAMES JAMESB.VESSEY MICHAELW WRIGHT (612) 448-4012 R.A.SCHWARTZBAUER WILLIAM A. WHITLOCK E. J.SCHWARTZBAUER LARRY L. VICKREY LOREN R-KNOTT DAVID N. FRONEK OF COUNSEL THO MAS M.BROWN PHILLIP H. MARTIN THOMAS W. TINKHAM DAVID E-BRONSON CORNE LIUS D. MAHONEY REESE C. JOHNSON JON F. TUTTLE EARL L. DEVINE LEAVITT R. BARK ER GEORGE E.ANDERSON Octol)er 2, 1972 Mr. ,Dean Lund, Executive Director Leagme of }tinnnsota nMunicipallties 3300 University Avenue 5. E. M' nn..eapolf s , '"Linn P so t,-n 55414 Re: Village of rdina tin ti-Picketing Ordinance Dear Hr. Lund: The Village of Vain -a ha.s been successful in Municipal Court in upholding its Edina anti -picketing ordinance. The defendant, John W. Filter, was found 0uil.ty of a violation of the Ordinance. tie has, howevar, nov appealed. ?'e has filed arm appeal to tine `Ifinne.sota Supreme Court and one in District Court. Conies Of those Notices of Appeal are enclosed, C am seraiin, than to you for your information and again with the solicitation for support of the League. "Tery tmly yours, '^ny'�w+Taxv eertspr,�„m„�.i T E/c Enclosures CC: ?-Tr. Warren C. ryde DORSEY, MARQUART, WINDHORST, WEST P HAIIA A!IAY .-At\'i. RSON ROPI Pt A • F,HF A DONALD WEST THOMAS S ERICKSON 2400 FIRST NATIONAL BANK B U It I.I 1 t,('+ I r ,A "Nsn IN EMERY N. P^I,'. WAL DO F MAROUART WILLIAM C BABCOCK MIOIAU ^ JOHN W. WINDHORST MICHAEL E BRESS M I N N E A P O L I S, MINNESOTA 5 F 4 0 ME NRY HALIADAY JULE M. HANNAFORD PAUL G 2ER0Y RAYMOND A. REISTER ! A., r,Nr.cN M'. I AI I W ..` •t r" . ARTHUR 8.WHITNEY JOHN J TAYYLOR RUSSELL W. LINDQUIST BERNARD G. HEINZEN ( 612 ) 333 — 2151 DAVIn R. DRINK WILLIAM J. HEMPEL CAB LE: DOROW WILLIAM I .."N HORACE HITCH VIRGIL H. HILL JOHN S. HIBBS ROBERT O. FLOTTEN ;. r.. •. R MANtdv F.ANSON wRiIAM I - :NIR DOU3I.5 I R AMD ROBERT V. TARBOX JOHN D. LEVINE ,_ . P."'•(Hr (•AVID . '•!N DEFOREST SPENCER ROBERT J. STRUYN 146E W—FIRST NATIONAL BANK BUILDING . ,('RMAN?NF PT '• r "%� ROD ERE J. JOHNSON MICHAEL A. OLSON ST. PAU L• M I N N ESOTA 56101 , KIFbDA CRAIGL M:.. M.B HASSELOv157 SSEIQ LARRY W JOHNS ON (612 ) 227— 8017 Wi�� R r.IPFS VINC(: NY :, WA... A K PETER THOMAS S HAY ?h 1, KIRE, GEORGE P. FLANNERY G. LARRY GRIFFITH I.I..;.�:I' r OCELTEP CURTIS L. ROY CRAIG A BECK L!•`• b PANE AUSTIN G AN',FRS'N ARTHUR E,WEISBERG DAVID L 1:cCUSKEY - JONATHAN VILLAGE CENTER +. F,...TON ADM FAR -ER DUANE E. JOSEPH THOMAS O_MOE CHASK6A1 MI�QNBESOOT I, "MANS FREDERICK E. LANGE JAMES H.O•HAG),N 255319 ) ,WARTZBAUER JAMES B.VESSEY MICHAEL W. WRIGHT D N FRONEK OF COUKSE'. WILLIAM A.WHITLOCK LARRY L.VICKREY .: W TINKHAN DAVID E. BP,^,N'. JN E J. SCHWARTZBAUER LOREN R. KNOTT .. .y^ TUTTLE LEAYITI P BAk,.ER THOMAS M.BROWN PHILLIP M. MARTIN I/ DEVINE GECRGL E. ANDERSON CORNELIUS D. MAHONEY REESE C. JOHNSON September 13, 1972 Mr. Dean Lund League of Minnesota Municipalities 3300 University Avenue S. E. Minneapolis, Minnesota 55414 Dear Mr. Lund: I enclose herewith for your use a copy of the hrrief on behalf of the Village of Edina in connection with its anti --picketing case in the Federal District Court. You will recall that T discussed this matter with you sometime ago and at that time sr,udt�t some assistance from the League as an amicus curiae or as the sourer of a wr�r chest for defending this ordinance. Have you had occasion to chE" atv'r further into assisting the Village in either of the above mentor" -tys? I would appreciate hearing from you at your earliest converjjLr« Very truly yours, Thomas S. Erickson TSE/c Enclosure CC: Mr. Warren C. Hyde DORSEY, MARQUART. WINDHORST, WEST & HALLADAY DONALD WEST WALDO F MARQUART THOMAS S. ERICKSON WILLIAM C. BABCOCK 2400 FIRST NATIONAL BANK BUILDING JAMES T HALVERSON CHARLES J. HAUENSTEIN ROBERT A- HEIBERG EMERY W. BARTLE JOHN W. WINDHORST MICHAEL E- BRESS CHARLES A. GEER MICHAEL J. RADMER HENRY HALLADAY PAUL G- ZERBY M I N N E A P O L I S, M I N N E S O TA S S 4 0 2 JOHN C. ZWAKMAN CURTIS L. STINE JULE M.HANNAFORD RAYMOND A. BUSTER JOHN R.WICKS MICHAEL.TRUCANO ARTHUR B.WHITNEY JOHN J- TAYLOR EUGENE L.JOHNSON WILLIAM J. KEPPEL RUSSELL W. LINDQUIST BERNARD G. HEINZEN (612) 333-2151 JOHN W. WINDHORST, JR. JAMES A FLADER DAVID R. BRINK WILLIAM J. HEMPEL MICHAEL PRICHARD WILLIAM A.JOH NSTONE HORACE HITCH JOHN S. HIBBS CABLE: DOROW WILLIAM R.SOTH WILLIAM E. BOOEN VIRGIL H. HILL ROBERT O.FLOTTEN THOMAS R. MANTHEY WILLIAM P-LUTHER ROBERT V. TARBOX JOHN D. LEVINE RICHARD G. SWANSON DOUGLAS D. McFARLAND DEFOREST SPENCER ROBERT J- STRUYK DAVID A.RANHEIM DAVID L-BOEHNEN ROBERT J.JOHNSON MICHAEL A-OLSON 1468 W—FIRST NATIONAL BANK BUILDING ROBERT J. SILVERMAN ROBERT M-HALVORSON M.B. HASSELOUIST LARRY W. JOHNSON ST. PAU L, M I N N ESOTA 55101 JAMES M. KLEBBA CRAIG L.WILLIAMS PETER DORSEY THOMAS S. HAY (612) 227— 8017 WILLIAM R. HIBBS VINCENT S.WALKOWIAK GEORGE P_FLANNERY G. LARRY GRIFFITH JOHN D_KIRBY CURTIS LROY CRAIG A. BECK PHILIP F. BOELTER ARTHUR E.WEISSERG DAVID L McCUSKEY WILLIAM B_ PAYNE AUSTIN G.ANDERSON DUANE E.JOSEPH THOMAS O_MOE JONATHAN VILLAGE CENTER BRUCE W. BURTON ADM -PARTNER FREDERICK E.LANGE JAMES H.0'HAGAN CHASKA, MINNESOTA 55318 JAN D_STUURMANS JAMES B.VESSEY MICHAEL W WRIGHT (6 12 ) 448-4012 R.A_ SCHWARTZBAUER WILLIAM A-WHITLOCK LARRY L. VICKREY DAVID N_ FRONEK OF COUNSEL E. J. SCHWARTZBAUER LOREN R_KNOTT THOMAS W. TINKHAM DAVID E. BRONSON THOMAS M. BROWN PHILLIP H. MARTIN JON F TUTTLE LEAVITT R.BARKER CORNELIUS D.MAHONEY REESE C. JOHNSON EARL L. DEVINE GEORGE E. ANDERSON September 12, 1972 Mr. Warren C. Hyde Village of Edina 4801 West 50th Street Edina, Minnesota 55424 Re: Anti -Picketing Ordinance Dear Warren: Enclosed herewith for your review and information is a copy of the Memorandum of Law filed by us on behalf of the Village in the District Court case involving the anti -picketing ordinance. As I mentioned to you over the phone, the hearing went quite well and we have high hopes of a happy result. Very truly yours, Thomas S. Erickson TSE/c Enclosure UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA FOURTH DIVISION Joyce E. Hoffa, et al., Plaintiffs, vs . Civil Action File No. 4-72 Civil 369 Warren C. Hyde, individually and as Manager of the Village of Edina, et al., Defendants. Defendants' Memorandum of Law in Opposition to Plaintiffs' Motion for Summary Judgment DORSEY, MARQUART, WINDHORST, WEST 6 HALLADAY By: Thomas Tinkham 2400 First National Bank Building Minneapolis, Minnesota 55402 Telephone: 612-333-2151 Attorneys for Defendants INDEX Statement of Facts . . . . . . . . . . . . . . . . . . . . . . 1 Argument . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 I. Unless Plaintiffs Concede that there were Sites, Other than Residences, to Picket Society Board Members and Concede that their only Literature Distribution was in Connection with Picketing, there are Material Issues in Dispute which Preclude Entry of a Summary Judgment . . . . . . . . . . . . . . . . . . . . . . 5 II. Plaintiffs' Motion for Summary Judgment Should be Denied Because there is no Present Case or Controversy Between the Parties. . . . . . . 7 III. This Court Should Abstain from Deciding the Issues Presented Because There is a Pending State Criminal Prosecution Which may Avoid Some of the Constitutional Issues Presented by Plaintiffs . . . . . . . . . . . . . . . 9 IV. Edina Ordinance No. 1061 Does Not Violate the First or Fourteenth Amendments Because A. Absent actual picketing, it does not impose any limitation on distribution of literature . . . . . . . . . . . . . . . .11 B. It is a minimal regulation of an activity that has substantially interfered with residents' of Edina rights to privacy . . . . . . . . . . . . . .13 Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Appendix A Appendix B STATEMENT OF FACTS On July 11, 1972 plaintiffs filed their Complaint in this action alleging that the Village of Edina, by the adoption of Ordinance No. 1061, had violated their rights under the First and Fourteenth Amendments to the United States Constitution. Approximately one month ago, on July 27, 1972, defendants answered the Complaint and denied many of the Complaint's factual allegations. The only discovery conducted by either party in this Action was the service by plaintiffs, pursuant to stipulation of the parties and Order of this Court, of Interrogatories on the Minneapolis Society for the Blind (Society). Answers to those Interrogatories have been made. The plaintiffs are members of the Minneapolis Federation of the Blind and are engaged in a dispute with the Society. On one and perhaps two occasions, some of the plaintiffs and other interested persons picketed the homes of members of the Society's Board living in the Village of Edina. The Society maintains office facilities within the City of Minneapolis and has regular Board meetings at these offices. Many of the Board members have regular employment at places other than their residences or the offices of the Society. On June 19, 1972, effective June 22, 1972, the Village Council of the Village of Edina passed Ordinance No. 1061 as follows: Section 1. Declaration; Purpose. The Village Council of the Village of Edina hereby finds and declares that citizens of this Village should be able to enjoy in their homes a sense of well-being, tranquillity and privacy; that picketing in front of or about dwellings causes emotional disturbance and distress to the occupants; that picketing tends to obstruct and interfere with the free use of public sidewalks and ways of travel; that picketing may result in obstruction and -1- impairment of necessary and desirable public services and facilities; that, therefore, it is the purpose of this ordinance, in order to promote the public health, safety and general welfare of the citizens of the Village of Edina, to prohibit and regulate the practice of picketing in the manner hereinafter set out. Sec. 2. Picketing Defined. For purposes of this ordinance picketing shall mean the standing, marching or patrolling by one or more persons in front of, or in, on or about the premises of, any dwelling, library, school, hospitalormunicipally-owned building within the Village of Edina, without the consent of the owners, who are carrying or displaying, or causing to be carried or displayed, any placards, banners, symbols or signs, or handing out or distributing, or offering to hand out or distribute, or causing to be handed out or distributed, any handbills or other written material, designed to persuade or protest. Sec. 3. Picketing of Dwellings Prohibited; Exception. Picketing is prohibited in front of, or in, on or about, any dwelling in the Village; provided, however, that picketing of a dwelling shall not be deemed prohibited by this ordinance if done in an otherwise lawful manner during a labor dis- pute and if the dwelling being picketed is the place of employment of the persons involved in the labor dispute. Sec. 4. Picketing of Libraries, Schools, Hospitals and Municipally -Owned Buildings. No person or persons shall picket in front of, or in, on or about any library, school, hospital or municipally -owned building in the Village in such manner as to prevent, obstruct or interfere with full, free and uninterrupted ingress and egress to and from any such building. Sec. 5. Penalty. The violation of any section of this ordinance by any persons shall be deemed a misdemeanor and shall be punished by a fine of not more than $300 or by imprisonment for not more than 90 days, or both, together with the costs of prosecution in either case. Sec. 6. This ordinance shall be in full force and effect immediately upon its passage and publication. On August 7, 1972, effective August 10, 1972, and after the filing of the Complaint and Answer in this Action, the Village Council of the Village of Edina passed the following amendment to Ordinance No. 1061.. -2- Section 1. Section 2 of Ordinance No. 1061 is amended to read as follows: Sec. 2. Definitions. For purposes of this ordinance the following terms are defined as follows: "Picketing" - The standing, marching or patrol- ling by one or more persons in front of, or in, on or about the premises of, any dwelling within the Village of Edina, without the consent of the owners, to per- suade an inhabitant of the dwelling or protest some action, attitude or belief of an inhabitant, also the standing, marching or patrolling by one or more persons in front of., or in, on or about the premises of any library, school, hospital or municipally -owned building within the Village of Edina, without the consent of the owners, for the purpose of persuading or protesting. "Dwelling" - Those structures that are used only as a place of residence and wherein no person, other than persons residing therein or domestic employees, is regularly employed. Sec. 2. Section 3 of Ordinance No. 1061 is amended to read as follows - Sec. 3. Picketing of Dwellings Prohibited. Picketing is prohibited in front of, or in, on or about, any dwelling in the Village. Sec. 3. This ordinance shall be in full force and effect immediately upon its passage and publication. The August 7, 1972 amendment to Ordinance No. 1061 was adopted to mofidy two provisions of the Ordinance. First, the amendment was designed to eliminate any basis for a claim that the Village of Edina was distinguish- ing between labor and nonlabor picketing. Second, the definition of picketing was modified to eliminate any suggestion in the ordinance that it was intended to -regulate distribution of handhills or circulars absent actual picketing. There has been one arrest under Ordinance No. 1061. On July 6, 1972, prior to the amendment of Ordinance No. 1061, John William Filter was arrested for picketing the residence of the Honorable Philip Neville. Mr. Filter is represented in the criminal proceeding by Craig R. Anderson, Esq., -3- plaintiffs' attorney in this action. In that criminal action, defendant moved to dismiss the prosecution on the grounds that the Ordinance was overbroad and violated his rights under the First and Fourteenth Amendments to the United States Constitution. By Order dated August 14, 1972, the Honorable William B. Christensen, Judge of Hennepin County Municipal Court, denied defendant Filter's motion. (Order attached hereto as Exhibit A.) The matter is set for trial on September 12, 1972 in Hennepin County Municipal Court. Should defendant Filter be convicted in Municipal Court, he would be entitled an appeal to a trial de novo in Hennepin County District Court. Any conviction in District Court could be appealed to the Minnesota Supreme Court. Plaintiffs have brought this Motion for summary judgement stating that: "There exists among the parties to this action no genuine issue as to any material fact. . ." Notice of Motion and Motion for Injunctive and Declaratory Relief. Unfortunately, there are a number of relevant factual issues in dispute. Plaintiffs alleged that there was no method for them to communicate their grievances to the Society other than picketing members of the Board at their homes. Complaint, Para. 19. Defendants denied this allegation and alleged that plaintiffs had ample opportunity to communicate with or picket Board members of the Society other than picketing their homes. Answer, Para. 17. Defendants contend that the Answer to Interrogatories'from the Society and other material that might be brought before this Court would demonstrate that plaintiffs have opportunities, other than the picketing of residences, to express their grievances. Unless plaintiffs concede that other opportunities to express their views to the Society were available, there is still a factual dispute between the parties. The second factual dispute concerns plaintiffs' claim that Ordinance No. 1061., as amended, violates their First Amendment right to distribute handbills -4- or literature. Defendants do not dispute that various plaintiffs, during the course of picketing residences in the Village of Edina, may have incidentally handed literature to persons passing by. Defendants do deny that they have ever enforced or sought to enforce Ordinance No. 1061 against plaintiffs or anyone else merely distributing literature in the Village of Edina. To the extent that plaintiffs claim that they have engaged only in the distribution of literature in the Village of Edina and that Ordinance No. 1061 prohibits that activity, there is a factual dispute between the parties. If plaintiffs admit that their only distribu- tion of literature was in connection with actual picketing of a residence, then there is no factual dispute on this point. ARGUMENT I. Unless Plaintiffs Concede that there were Sites, Other than Residences, to Picket Society -Board Members and Concede that their only Lit- erature Distribution was in Connection with Picketing, there are Material Issues in Dispute which Preclude Entry of a Summary Judgment. Defendants, as well as plaintiffs, desire an early resolution of this Action. When the record before this Court is developed more fully to show, among other things, that plaintiffs had opportunities to express their grievances other than picketing residences, and that plaintiffs have not merely distributed literature in the Village of Edina, defendants will move for summary judgment. Rule 56(C) of the Federal Rules of Civil Procedure provides: ". The judgment sought shall be rendered forthwith if the pleadings,. depositions, answers to interrogatories, and admission on file, together with the affidavits, if any, show that there is no genuine issue as to -5- any material fact. . ." In regard to summary judgment, the court in Walling v. Fairmont Creamery Co., 139 F.2d 318, 322, 7 F.R. Serv. 56C.41 Case 10 (8th Cir. 1943), stated: On a motion for a summary judgment the burden of establishing the nonexistence of any genuine issue of fact is upon the moving party, all doubts are resolved against him, and his supporting affidavits and depositions, if any, are carefully scrutinized by the court. . . In a similar tone, the court in Traylor v. Black, Sivalls & Bryson, 189 F.2d 213, 216, 15 F.R. Serv. 56C.41, Case 10 (8th Cir. 1951), held: . . . A summary judgment upon motion therefor by a defendant in an action should never be entered except where the defendant is entitled to its allowance beyond all doubt. To warrant its entry, the facts conceded by the plaintiff, or demonstrated beyond reasonable question to exist, should show the right of the defendant to a judgment with such clarity as to leave no room for controversy. .. See Kasper v. Baron, 191 F.2d 737, 739 (8th Cir. 1951); Dulansky v. Iowa - Illinois Gas & Electric Co., 191 F.2d 881 (8th Cir. 1951). Both remaining factual issues are material to the constitutional questions presented. Whether plaintiffs were merely distributing literature in Edina or whether they were distributing literature during the picketing of residences may be determinative of the First Amendment issues before this Court. See Organization For a Better Austin v. Keefe, 402 U.S. 415, 417 (1971); Gregory v. City of Chicago, 394 U.S. 111, 124-125 (1969). Since picketing does enjoy a limited status under the First Amendment, any attempt to regulate it will be viewed in terms of the state interest sought to be protected and the degree to which First Amendment rights are curtailed. If plaintiffs have opportunities to picket or express their grievances at sites other than homes in the Village of Edina, the Edina Ordinance represents only a slight curtailment of plaintiffs' ability to picket and express their grievances. cf. Cameron v. Johnson, 390 U.S. 611 (1967). Neither plaintiffs nor defendants have submitted affidavits on these factual issues. The Society's Answers to Interrogatories provide some information on the question of alternative sites for picketing. The pleadings of the two parties apparently take different positions on these factual issues. It is defendants' position that unless plaintiff stipulates to the issues, some discovery is required before this case will be appropriate for summary judgment. II. Plaintiffs' Motion for Summary Judgment Should be Denied Because there is no Present Case or Controversy Between the Parties. In order for the federal courts to exercise jurisdiction under Article III of the United States Constitution, it has always been necessary that a "case on controversy" be present before them. E.g. Muskrat v. United States, 219 U.S. 346 (1911). A case and controversy ". . .[I]mplies the existence of present or adverse parties whose contentions are submitted to the court for adjudication." Id., 357. The standard for controversies under the Declaratory Judgment Act, as plaintiffs point out, is: . . .[W]hether the facts alleged, under all circumstances, show that there is a substantial controversy, between parties having adverse legal interests, of sufficient im- mediacy and reality to warrant the issuance of a declaratory judgment (citations omitted). Maryland Casualty Co. v. Pacific Coal & Oil Co., 312 U.S. 270, 273 (1941). Or the test may be stated in terms of injury to the plaintiff. The first question is whether the plaintiff alleges that the challenged action has caused him injury in fact, economic or otherwise. . .. Ass'n of Data Processing Service Organizations, Inc. v. Camp, 397 U.S. 150, 152 (1970). -7- Plaintiffs have not shown any injury to establish themselves as adverse parties in a case or controversy. As plaintiffs have stated, they have never violated the Ordinance. No arrests or prosecutions of them have ever been made, nor do plaintiffs allege any threat of prosectuion in their Complaint. Plaintiffs in their Motion state only that ". . They have no reason to believe that the Defendants would not enforce the ordinance against them. " Memorandum in Support of Plaintiffs' Motion for Declaratory and Injunctive Relief, 5. The reason for the requirement that there be a case or controversy is to protect a court from having to decide important legal issues in a purely hypothetical or advisory situation. The situation presented by plaintiffs to this Court is, in the main, hypothetical. Plaintiffs claim that they want to picket before residences in the Village of Edina, but then in an attempt to bolster their constitutional argument, plaintiffs say they E want to distribute handbills and this E, be prohibited by the Ordinance. No information is before this Court on the number of persons who would be picketing or the manner in which they would be conducting themselves. It is true that in certain instances, as plaintiffs relate, arrest and prosecution have been held to be unnecessary for plaintiffs to receive declaratory judgments. However, in the examples presented by plaintiffs, the factual situation and the threat of prosecution was much clearer than here. In Zwickler v. Koota, 389 U.S. 241 (1967), plaintiff had been actually prosecuted and convicted with his conviction reversed by a higher state court before he began his federal suit. In Evers v. Dwyer, 358 U.S. 202 (1958), Memphis police told Evers to sit in the rear of a bus in compliance with the local. ordinance or be arrested. Although Evers left the bus without being arrested, his suit for declaratory and injunctive relief could be maintained. Plaintiffs here do not present any specific situation in which the Village threatened to enforce the statute against them as was evident in Zwickler v. Koota, bra, and Evers v. Dwyer, supra. Plaintiffs do state that they are inhibited from making certain protests. However, that is an insufficient interest. As was stated in Younger v. Harris, 401 U.S. 37 (1971), regarding plaintiffs who asserted that they felt inhibited by the existence of the California Criminal Syndicalism Act from working for the Progressive Labor Party or teaching about Corununism: . . . They claim the right to bring this action solely because. . . they feel inhibited. We do not think this allegation, even if true, is sufficient to bring the equitable jurisdiction of federal courts into play to enjoin a pending state prosecution. . ..Id., 42. Without an assertion of some actual injury and the presentation of a concrete factual situation, the plaintiffs do not state a case and controversy so as to invoke the court's jurisdiction. III. This Court Should Abstain from Deciding the Issues Presented Because There is a Pending_State Criminal Prosecution Which may Avoid Some of the Constitutional Issues Presented by Plaintiffs. Since there is a pending State criminal prosecution under the Ordinance (although begun prior to the amendment of the Ordinance), the rule of Younger v. Harris, supra, makes abstention proper in this case. The companion case of Samuels v. Mackell, 401 U.S. 66 (1971), makes it clear that the Younger v. Harris holding that ". . .IT]he possible unconstitu- tionality of a statute 'on its face' does not in itself justify an injunction against good -faith attempts to enforce it. " Id., 54, applies also for requests for declaratory relief vhen a state prosecution involving the challenged statute is pending. -9- Although Ordinance No. 1061 has been amended since the State prosecution began, the amendment is not significant in terms of the issues presented to this Court. Picketing is similarly defined in the original and amended statute as ". . .[S]tanding, marching or patrolling. . . to persuade. or protest some action, attitude or belief of an inhabitant. .." In the pending criminal action, the defendant has raised the question of whether this language violates the First Amendment. This is the same question that is presented to this Court. The Younger v. Harris rule is applicable here despite the fact that in Harris and companion cases the same party who was being prosecuted sought injunctive or declaratory relief while here parties who seek the declaration of unconstitutionality are different from the party in the pending State prosecution. A declaration of unconstitutionality obtained by these plaintiffs will be as disruptive to the State proceedings as if sought by the plaintiff in the State prosecution himself. This disruption goes to the heart of the rationale for the Younger v. Harris decision. . . . This underlying reason for restraining courts of equity from interfering with criminal prosecutions is reinforced by an even more vital consideration, the notion of 'comity,' that is, a proper respect for state functions, . . . and a continuance of the belief that the National Government will fare best if the States and their institu- tions are left free to perform their separate functions in their separate ways. . .. Id., 44. Further support for the insignificance of the difference in persons challenging the statute and defending the State prosecution comes from Askew v. Hargrave, 401 U.S. 476 (1971). There plaintiffs sued in federal district court to have a Florida statute declared unconstitutional on equal protection grounds. Later a suit was begun by different parties in the Florida courts to have the statute declared unconstitutional on State constitutional grounds which, if sustained, would obviate the necessity for. -10- a Fourteenth Amendment determination. The Supreme Court, in a per curiam decision, remanded the case for disposition according to the abstention principles of Reetz v. Bozanich, 397 U.S. 82 (1970). This authority is particularly persuasive since plaintiffs' attorney herein is also defendants' attorney in the State court criminal action. The Younger. v. Barris case and companion decisions pointed out that federal injunctions and declaratory relief against State criminal statutes are allowed when there is irreparable injury, great and immediate, which cannot be eliminated by defense against a single criminal prosecution. Younger v. Harris, supra, 46. As discussed above, plaintiffs have not shown irreparable injury. They have ample opportunity to express their grievances to Society Board members at sites other than their homes. There are no allegations that there is bad faith harrassment of these plaintiffs that makes defense in a criminal prosecution impossible. See Dombrowski v. Pfister, 380 U.S. 479 (1965). As the Court in. Lake Carriers' Assn v. MacMullan, 40 USLW 4569 (1972) stated, abstention is proper when there is a possibility that the state construction of the challenged statute may avoid constitutional questions. Such an opportunity for state construction lies in the pending criminal prosecution. The statute is susceptible to construction to avoid many of plaintiffs' constitutional complaints. For example, a state court could clearly state that handbilling, absent picketing, was not covered by Ordinance No. 1061. IV. Edina Ordinance No. 1061 Does Not Violate the First or A. Absent actual picketing, it does not impose any limitation on distribution of literature. -11- Edina Ordinance No. 1061, as amended, prohibits picketing in front of dwellings and defines picketing as: "The standing, marching or patrolling by one or more persons in front of . . . any dwelling. . without the consent of the owners, to persuade an inhabitant of the dwelling or protest some action, attitude or belief of an individual. ." Prior to its amendment, Ordinance No. 1061 included in the definition of picketing ". marching or patrolling. jwhile] handing out or distributing or offering to hand out or distribute, or causing to be handed out or distributed, any handbills or other written material, designed to persuade or protest." This language was stricken from the Ordinance to make it clear that the Ordinance did not apply to the mere distribution of literature absent actual picketing. By Ordinance No. 1304, the Village of Edina does regulate the distribution of literature within its borders. (Attached hereto as Exhibit B.) A review of Ordinance No. 1304, the present language of Ordinance No. 1061, and the amendment to Ordinance No. 1061, compels the conclusion that Ordinance No. 1061 does not regulate distribution of literature. Plaintiffs argue that because Ordinance No. 1061 restricts distribution of literature, it is unconstitutional. Memorandum in Support of Plaintiffs' Motion for Declaratory and Injunctive Relief, 8. The cases cited in support are not applicable to the situation before this Court because they involved restrictions solely on distribution of literature, a pure First Amendment right. For example, in Organization for a Better Austin v. Keefe, 402 U.S. 415, 417 (1971), the most recent case cited by plaintiffs, the Court stated: ". . . Thereafter, during September and October of 1967, members of petitioner's organization distributed leaflets in Westchester describing respondent's activities. There was no evidence of -12- picketing in Westchester. .." It is defendants' position that persons who picket, and incidentally thereto distribute some literature, gain no greater First Amendment protection by the distribution of literature than they had by virtue of picketing. Picketing, whether accompanied by dissemination of oral or written material, still involves elements of speech and conduct and can be subjected to controls that would not be constitutionally permissible in the case of pure speech. E.g.,-Amalgamated Food Employees Union Local 590 v. Logan Valley Plaza, Inc., 391 U.S. 308, 313 (1968). Plaintiffs' legal position is not governed by those cases dealing with restrictions on pure speech. The issues of this case are governed by those cases holding that picketing may be regulated for the protection of a legitimate State interest. E.g., Cox v. Louisiana, 379 U.S. 559 (1965). B. It is a minimal regulation of an activity that has substantially interfered with residents' of Edina rights to privacy. Although plaintiffs have not attacked this Ordinance as being vague or ambiguous, defendants, mindful of the Court's comments at the last hearing in this matter, note that several courts have upheld the undefined use of the word picketing in similar ordinances. E.g., Cameron v. Johnson, 390 U.S. 611, 616-617 (1968); City of Wauwatosa v. King, 49 Wis. 2d 398, 182 N.W.2d 530, 536 (1971). Webster's Third New International Dictionary defines picket as ". . .4a: to post pickets at (a place of employment) b: to walk or stand in front of as a picket. ..It Ordinance No. 1061 defines picketing as walking, standing or patrolling in front of a dwelling to protest or convince an occupant of the dwelling. The Ordinance definition of picketing is considerably narrower than the common definiton of picket. The use of the word standing in the -13- Ordinance is essential for its effectiveness. The dictionary definition recog- nizes that standing is a common manner of picketing and everyday experience makes us familiar with the custom of pickets standing in front of a place of business. The Ordinance would be wholly ineffective if a group of potential pickets could evade the Ordinance by grimly standing in front of a dwelling rather than marching. Plaintiffs contend that the Ordinance denies them the freedom of expression guaranteed by the First and Fourteenth Amendments. That the freedom of expression is to be zealously guarded is, of course, unquestioned; that the State can regulate such expression when coupled with conduct, however, is equally unquestioned. As the United States Supreme Court.stated in Cox v. Louisiana, 379 U.S. 559 (1965), a case involving an allegation of the un- constitutionality of a picketing statute: Nor does such a statute infringe upon the consti- tutionally protected rights of free speech and free assembly. The conduct which is the subject of this statute --picketing and parading --is subject to regula- tion even though intertwined with expression and association. The examples are many of the application by this Court of the principle that certain forms of conduct mixed with speech may be regulated or prohibited . .. 379 U.S. at 563. In Amalgamated Food Employees Union Local 590 v. Logan Valley Plaza, Inc., 391 U.S. 308 (1968), a case involving the appeal of an order enjoining petitioners` picketing, the Court held: . . . To be sure, this Court has noted that picketing involves elements of both speech and conduct, i.e., patrolling, and has indicated that because of this inter- mingling of protected and unprotected elements, picketing can be subjected to controls that would not be constitu- tionally permissible in the case of pure speech. .. (citations omitted) 391 U.S. at 313. The Court has stated this doctrine in numerous other cases involving picketing. E.g., Cameron v. Johnson, 390 U.S. 611, 617 (1968); Adderley v. Florida, 385 U.S. 39, 47-48 (1966); International Brotherhood of Teamsters -14- v. Vogt, Inc., 354 U.S. 284, 289 (1957). Of course, the State must have a legitimate interest in regulating such picketing before it can so regulate. The legitimate interest which the State is seeking to protect by the Ordinance with which we are concerned is set forth in the declaration of purpose of the Ordinance: The Village Council of the Village of Edina hereby finds and declares that citizens of this Village should be able to enjoy in their homes a sense of well-being, tranquility and privacy. . .. The question which the Court must answer, then, is whether the protection of the tranquility and privacy of the home is a legitimate State interest, or put another way, whether protection of the right of privacy justifies minimal State regulation of picketing that infringes the right of privacy. Although no cases directly on point have been examined by the United States Supreme Court, the high status which the various justices have granted to the right of privacy indicates that the picketing wouldn't be allowed to indiscriminately interfere with it. The first case to really explore the concept of the right of privacy and delineate its constitutional foundation was Griswold v. Connecticut, 381 U.S. 479 (1965). The Court in Griswold invoked the right of privacy to declare unconstitutional a statute regulating the use of contraceptives. The Court reasoned that to enforce such a law would require the State to invade the privacy of the marriage relationship and to "search the sacred precincts of marital bedrooms for telltale signs of the use of contraceptives." The importance of the case was in the Court's explanation of how the right of privacy emanated from the guarantees of certain amendments. . . . Various guarantees create zones of privacy. The right of association contained in the penumbra of the First Amendment is one, as we have seen. The Third Amendment in its prohibition against the quartering of soldiers 'in any house' in time of peace without the consent of the owner is another facet of that privacy. The Fourth Amendment explicitly affirms the 'right of -15- the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.' The Fifth Amendment in its Self -Incrimination Clause enables the citizen to create a zone of privacy which government may not force him to surrender to his detriment. The Ninth Amendment provides: 'The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.' 381 U.S. at 484. The Court found that the marital right of privacy, although not expressly protected by the Constitution, was within the zone of privacy created by these various constitutional guarantees. This zone of privacy, of course, extends to areas other than marriage. The most fundamental of these areas, and the one from which the right to marital privacy flows is the right to privacy in the home. As Mr. Goldberg stated in his concurring opinion to the Griswold case: . . . Certainly the safeguarding of the home does not follow merely from the sanctity of property rights. The home derives its pre-eminence as the seat of family life. And the integrity of that life is something so fundamental that it has been found to draw to its protection the principles of more than one explicitly granted Constitutional right. Of this whole 'private realm of family life' it is difficult to image what is more private or more intimate than a husband and wife's marital relations. 381 U.S. at 495 (quoting from Justice Harlan's dissent in Poe v. Ullman, 367 U.S. 497 (1961)). Justice Goldberg is not unique in his high regard for this right of privacy. The various justices are uniform in their recognition of the fundamental nature of the right. They have treated the right as being of such a basic nature that it needs no extensive justification. In a 1952 case, Public Utilities Commission v. Pollak, 343 U.S. 451 (1952), which examined passenger complaints that playing music on a public vehicle violated their Fifth Amendment right of privacy, the Court (in upholding the practice) stated: . This position [of the complainants] wrongly assumes that the Fifth Amendment secures to each passenger on a public vehicle regulated the the Federal Government a right of privacy substantially equal to the privacy to which he is entitled in his own home. However complete MS his right of privacy may be at home, it is substantially limited when its possessor travels on a public thorough- fare or rides in a public conveyance. .." 343 U.S. at 464. This language strongly suggests that had this music come from a loudspeaker in the center of a residential community, it would have been prohibited. Instead of the loudspeaker playing music, in this case certain individuals were expressing ideas through language and conduct. The First Amendment extends them certain liberties, as certain other of the amendments extend privacy rights to the homeowner. The question of whether First Amendment rights of expression must constitutionally prevail over any right to privacy has been answered recently in a Supreme Court decision arising in a slightly different context. The case is Rowan v. United States Post Office Dept., 397 U.S. 728 (1970). That case examined the constitutionality of a statute allowing homeowners, in their sole discretion, to require the Post Office to issue an order'to mail advertisers telling the latter to refrain from sending any more literature to the homeowner. The purpose of the statute was, of course, to allow a homeowner to prevent those communications which he found offensive from reaching his home. The Edina statute seeks to do the same thing; prevent communications which might be offensive, from upsetting a person's home. In both cases, persons violating the statute are seeking to express their ideas. The written communications sent_ by the defendant in Rowan are certainly entitled to no less protection than the ideas expressed vocally and through conduct, but restricted by the Edina Ordinance. The Rowan Court upheld the statute's constitutionality unanimously: . . Without doubt the public postal system is an indispensable adjunct of every civilized society and communication is imperative to a healthy social order. But the right of every person 'to be let alone' must be placed in the scales with the right of others to communicate. -17- To hold less would tend to license a form of trespass and would make hardly more sense than to say that a radio or television viewer may not twist the dial to cut off an offensive or boring communication and thus bar its entering his home. Nothing in the Constitution compels us to listen to or view any un- wanted communication, whatever its merit; we see no basis for according the printed word or picture a dif- ferent or more preferred status because they are sent by mail. The ancient concept that 'a man's home is his castle' into which 'not even the king may enter' has lost none of its vitality, and none of the recognized exceptions includes any right to communicate offensively with another. . .. 397 U.S. at 736,737. Picketing offends the sanctity of the home much more than mailed literature. A person does not even have to open, let alone read, mail. He can drop it in the wastebasket and the offensive communication is ended before it has begun. A picketer is more like the radio or television mentioned in the above -quoted statement by Chief Justice Burger. The Edina Ordinance acts merely as the "dial to cut off an offensive or boring communication." Without this dial no Dome could retain its privacy. That the Court's holding in Rowan should be followed in the instant case is made even clearer by reference to the concurring opinion of Justice Black, the traditional protector of First Amendment freedoms, in Gregory v. City of Chicago, 394 U.S. 111 (1969). That case presented a factual situation similar to ours since it involved the picketing of a residence, but the majority opinion avoided the question presented in the instant case. Since the pickets in the Gregory case had been peaceful; and the statute they had allegedly violated was a disorderly conduct statute, the Court merely held that the conviction was reversible on the facts. Justice Black, however focused on the Constitutional issues: . I wish once more to say that I think our Federal Constitution does not render the States powerless to regulate the conduct of demonstrators and picketers, conduct which is more than 'speech,' more than 'press,' more than 'assembly' and more than 'petition' as those terms are used in the First Amendment. Narrowly drawn am statutes regulating the conduct of demonstrators and picketers are not impossible to draft. And narrowly drawn statutes regulating these activities are not impossible to pass if the people who elect their legisla- tors want them passed. . .. Were the authority of government so trifling as to permit anyone with a complaint to have the vast power to do anything he pleased, wherever he pleased, and whenever he pleased, our customs and our habits of conduct, social, political, economic, ethical, and re- ligious, would all be wiped out, and become no more than relics of a gone but not forgotten past. Churches would be compelled to welcome into their buildings invaders who came but to scoff and jeer; streets and highways and public buildings would cease to be available for the purposes for which they were constructed and dedicated whenever demon- strators and picketers wanted to use them for their own purposes. And perhaps worse than all other changes, homes, the sacred retreat to which families repair for their privacy and their daily way of living, would have to have their doors thrown open to all who desired to convert the occupants to new views, new morals, and a new way of life. Men and women who hold public office would be compelled, simply because they did hold public office, to lose the comforts and privacy of an unpicketed home. I believe that our Constitution, written for the ages, to endure except as changed in the manner it provides, did not create a gov- ernment with such monumental weaknesses. . .. 394 U.S. at 124-125 (concurring opinion of Justice Black) (emphasis added). The Wisconsin Supreme Court, interpreting two ordinances nearly identical to the one with which we are concerned, so concluded. See City of Brookfield v. Groppi, 50 Wis.2d 166, 184 N.W.2d 96 (1971); City of Wauwatosa v. King, 49 Wis.2d 398, 182 N.W.2d 530 (1971). In the King case, the court emphasized the United States Supreme Court's high regard for the right of privacy and concluded that the Supreme Court would have affirmed an ordinance such as this. And finally, approximately one and one-half months ago, Judge Irving Ben Cooper of the Federal District Court of Southern New York handed down his opinion in the much -publicized Galella v. Onassis case (S.D.N.Y., advance sheets of the case have not been released). In that case, Galella, a photographer, -19- sued Jackie Onassis for harassing him and she counterclaimed for an injunction prohibiting him from further invading her right of privacy. Galella's action was dismissed and an injunction was issued, which among other things, barred Galella from approaching within 100 yards of the Onassis home. See, Newsweek Magazine, July 1_7, 1972 at 39, col. 2. This injunction is seemingly broader than the Edina ordinance and so adds further support to the proposition that the right of privacy may be protected at the limited expense of some First Amendment rights. The picketing prohibited by the Ordinance does invade the family well-being and privacy so as to justify the regulation. The Supreme Court has rendered no decision directly on the question of whether picketing would violate privacy rights but the Rowan case indicates that the mere presence of protestors would invade these rights: . . . [N]othing in the Constitution compels us to listen to or view any unwanted communication, whatever its merit. .. 397 U.S. at 737 (emphasis added). It would seem from a purely logical standpoint, also, that the reception of offensive mail, declared by the Rowan court to be an invasion of privacy, is a much less severe invasion of privacy than is the hovering of a hostile, though physically peaceful,group of individuals outside one's home. It cannot be argued that the reception of a piece of even the most offensive literature upsets the tranquility of the home more than protesters lurking outside the home with the residents never knowing when the peacefulness will turn to violence. It must be understood that it is not merely violence or words or literature or offensive actions which can disturb the tranquility of the home. The mere threat of such offensiveness can do the same thing. It should not have to be tolerated in the home. -20- Tranquility and privacy are fragile enough flowers, particularly in a home setting. Home is where the hus- band comes, or both husband and wife come, after the days work, to relax and put aside the cares of the out- side world. Home is where the wife expects, in addition to the work of the household and the care of the children, to have some moments of peace and calmness. Home is where the children come not only to eat and sleep, but also to do their homework and to go out in the yard and play with the youngsters in the neighborhood. Home is many things, most of them intangibles, not just a house and shelter, but an opportunity to rest, relax and recharge batteries for the morrow. Of such ingredients is tran- quility made up and privacy derived. . . . Putting aside the not necessarily unreasonable fear of escalation -- action and reaction between picketers and spectators -- the very fact of the physical patrolling and marching by the group of uninvited and unwelcome paraders creates pressure. The newsworthiness of the situation stems in part from the tensions created and pressures focused on the home. Such tensions and pressures may be psychological, not physical, but they are not, for that reason, less inimical to family privacy and truly domestic tranquility., If, as we have said, it is a proper public purpose to protect both privacy and tranquility, then the prohibiting of picketing before or about the home is a clearly related and entirely reasonable means to such end. City of Wauwatosa v. King, supra, 182 N.W.2d at 537. rnmri TIC TMT Decisions of the United States Supreme Court and other courts support an ordinance of the type before this Court. The commentators have generally supported such an ordinance. A. Kamin, Residential Picketing and the First Amendment, 61 N.W.U.L. Rev. 177 (1966); Note, 34 U. Chi. L. Rev. 106 (1966). The legislatures of at least nine states have enacted ordinances similar to this one. A. Kamin, Residential Picketing, supra 206 n. 101. The Ordinance is necessary to the protection of privacy and the Village of Edina asks this Court to hold that this Ordinance does -21- not constitute an unwarranted abridgment of First Amendment rights. Dated: August 28, 1972. DORSEY, MARQUART, WINDHORST, WEST & HALLADAY By ��-.�cv /z ��•_ Thomas Tinkham 2400 First National Bank Building Minneapolis, Minnesota 55402 Telephone: 612-333-2151 Attorneys for Defendants -22- Appendix A o kouja STATE OF MINNESOTA MUNICIPAL COURT COUNTY OF HENNEPIN FIFTH DIVISION, EDINA State of Minnesota, ) Plaintiff, ) Case No. 177890 VS ) O R D E R John William Filter, ) � Defendant. ) The above entitled matter came on for hearing before the undersigned on August 1, 1972, pursuant to a motion by the defen- dant for an Order dismissing the above entitled prosecution upon the ground that the ordinance under which the prosecution has been brought is unconstitutional. Appearances were Thomas Tinkham, Esq., City Attorney, for the plaintiff; and Craig R. Anderson, Esq., for the defendant. The Court having heard the arguments of counsel, and upon all of the files, records and proceedings therein, IT IS ORDERED that the defendant's motion is denied. �> BY THE COURT: Judge Dated this 14th day of August, 1972. Appendix B NO. 1.304 si T•t, i•_•5:-.. fi:ra>.)', rlti 1:7,til"D:�1IiZ 1L IOU- n .•li:. '..�J,: .v:.:.' G: .t�l:Ii Yt%1�_.:.�10 �:»' /:4 j'•i i��l�, LIT l�.!i.Fi .^P ri�r/.f1, �r f!. 0:.�,'�3 NE , c• •Ct iO.? � . �:�i)�i�.�Yt.:i.i1^ C)� l�f.iiC:t)x .(I •^ ... �'.trl:f'.t�;1•-r'S ,�:;CiVi:. �•5 :7.T::? ).1 �i`. ' 2 :1 to G..CI-t-r1E L11C ci':pv^.� i"�.'C, . _..._:`1�1^., 11:G;Oi ..CiGC�4:t.s�11� {.:At:'i%i % i::'.'O^ J�"l?111=FG':i cCCuj�e<t by , ; . .. •; :r l � �r- i ,)cn or n::a � t he uSu l entrance to such l)rcr,.z� es is � Leite;l b _,...._n; thr� :.:i` l:ct_%ce . 'lt7�pas:tr:.ng o : Itr.ni.by.? 3.s ,•� _ �,!�,j, :.ti:'i:ia:i..;?,1;� I'�ri:e�'i.al l." of ibi.. p L—d"Such placard ..:liar l be 3 •;.. � t J euz;i; loll,,, and 3 3/4 inches wi (lc ,nd tha plz.liti.l,g, r11-ar Cn EhQ".l not k.. ....'.))^.: tii-an 4V' Pi'+gilt ��pa 1'U handbills, cii:c la � � �o?: 1Ci�'?"r t:;in� { iF and: _a b:! dC.7'084tcd upon ally pron1_8es vh2re a',:ch placard or sign is �c . 2, :?„ :` ��.. )) �; c i'3 c��Yd• IIa per, on other than {:he person zvcli relmova, injure or deface such placard or sign. S:•c. 3, I' !;: 3.t�F_. Any person calio violates any px:ovisi.oil of-. this f.' .sdGiCc;,:no?: and ..., punished by a fine not . : s;iO or ,o_zr„cnt :lot c=ecd.i.np 90 days, or both plus casts a 1 on r • tt?._ crcel*n'rc:: sha31 ba in ful`. rorce avid -effect ""tc4r:itli: July 12, 1971 Rl-,rldin,,-: July 19, 1971 ill the Edina Sun on July 22, 1971 _(aimed) ArrlitJR C, BREDE.SEN, JR, Mayor DORSEY, MARQUART, WINDHORST, WEST 8, HALLADAY DONALD WEST THOMASS ERICKSON WALDO F. MAROUA RT WILLIAM C BA - COCK JOHN W-WINDHORST MICHAEL E. BRESS HENRY HALLADAY PAUL G. ZERBY JULE M.HANNAFORD RAYMOND A. REISTER ARTHUR B-WHITNEY JOHN J. TAYLOR RUSSELL W. LINDQUIST BERNARD G. HEINZEN DAVID R. BRINK WILLIAM J_ HEMPEL HORACE HITCH JOHN 5. HIRES VIRGIL H. HILL ROBERT O. FLOTTEN ROBERT V. TARBOX JOHN D. LEVINE DEFOREST SPENCER ROBERT J-STRUYK ROBERT J-JOHNSON MICHAEL A_ OLSON M. B. HASSELOUIST LARRY W JOHNSON PETER DORSEY THOMAS S HAY GEORGE P. FLANNERY G. LARRY GRIFFITH CURTI5 L. ROY CRAIG A. BECK ARTHUR E_WEISBERG DAVID LMcCUSKEY DUANE E_JOSEPH THOMAS O.MOE FREDERICK E_LANGE JAMES H.01H AGAN JAMES B.VESS EY MICHAEL W WRIGHT WILLIAM A.WHITLOCK LARRY L VICKREY LJ.SCHWARTZBAUER LOREN R. KNOTT THOMAS M_BROWN PHILLIP H. MARTIN CORNELIUS D. MAHONEY REESE C. JOHNSON 2400 FIRST NATIONAL BANK BUILDING JAMES T HA LVERSON CHARLES J. HAUENSTEIN ROBERT A. ERc EMERY W. BARTARTLE CHARLES A-GEER MICHAEL J. RADMER M I N N E A P O L 15, M I N N E 5 O TA 55402 JOHN C.ZWAKMAN CURTIS L STINE JOHN R. WICKS MICHAEL.TRUCANO EUGENE L.JOHNSON WILLIAM J. KEPPEL (612) 333-2151 JOHN W. WINDHORST, JR. JAMES A. FLADER MICHAEL PRICHARD WILLIAM A.JOH NSTONE CABLE: DOROW WILLIAM R.SOTH WILLIAM E_BOWEN THOMAS R-MANTHEY WILLIAM P. LUTHER RICHARD G. SWANSON DOUGLAS D. McFARLAND DAVID A-RANHEIM DAVID L.BOEHNEN 1468 W—FIRST NATIONAL BANK BUILDING ROBERT J. SILVERMAN ROBERT M. HALVORSON ST. PAUL,MINNESOTA 55101 JAMES M_KLEBBA CRAIG LWILLIAMS (612) 227-8017 WILLIAM R.HIBBS VINCENT S.WALKOWIAK JOHN D.KIRBY ' PHILIP F. SOELTER WILLIAM B. PAYNE AUSTIN G.ANDERSON JONATHAN VILLAGE CENTER BRUCE WBURTON ADM.PARTNER CHASKA, MINNESOTA 55318 JAN D.STUURMANS (612) 448-4012 R.A.SCHWARTZRAUER DAVID N.FRONEK OF COUNSEL THOMAS W. TINKHAM DAVID E. BRONSON JON F TUTTLE LEAVITT R_BARKER EARL LDEVINE GEORGE E.ANDERSON August 22, 1972 Mr. Warren C. Hyde Village of Edina 4801 West 50th Street Edina, Minnesota 55424 Re: John William Filter Dear Warren: I enclose herewith for your information a copy of Judge Christensen's Order in the above case. The Order denied the defendant's motion to dismiss. The defendant appeared on August 18, and entered a plea of not guilty in the action. Very truly yours, Th as S. E ickson TSE/c Enclosure PFPPV STATE OF MINNESOTA MUNICIPAL COURT COUNTY OF HENNEPIN FIFTH DIVISION, EDINA State of Minnesota, ) Plaintiff, ) Case No. 177890 vs ) O R D E R John William Filter, ) Defendant. ) The above entitled matter came on for hearing before the undersigned on August 1, 1972, pursuant to a motion by the defen- dant for an Order dismissing the above entitled prosecution upon the ground that the ordinagce under which the prosecution has been l brought is unconstitutional. Appearances were Thomas Tinkham, Esq., City Attorney, for the plaintiff; and Craig R. Anderson, Esq., for the defendant. The Court having heard the arguments of counsel, and upon all of the files, records and proceedings therein, IT IS ORDERED that the defendant's motion is denied. BY 1THE COURT: -Z Ju ge Dated this 14th day of August, 1972. 1. DORSEY, MARQUART, WINDHORST, WEST & HALLADAY DONALD WEST THOMAS S ERIEKSON JAMES T HALVERSON WALDO F MARQUART WILLIAM C. BABCOCK 2400 FIRST NATIONAL BANK BUILDING CHARLES J. HAUENSTEIN JOHN W. WINDHORST MICHAEL E. BRESS CHARLES A. GEER HENRY HALLADAY PAUL G. ZERBY M I N N E A P O L I S, MINNESOTA 5 Sr' 4 0 2 JOHN C.ZWAKMAN JULE M.HA NNAFORD RAYMOND A-REISTER JOHN R.WICKS ARTHUR B.WHITNEY JOHN J-TAYLOR EUGENE L.JOHNSON RU S SELL W. LINDQUIST BERNARD G. HEINZEN ( 612 ) 333 — 2151 JOHN W. WINDHORST, JR. DAVID R. BRINK WILLIAM J. HEMPEL MICHAEL PRICHARD HORACE HITCH JOHN S_HIBBS CABLE: DOROW WILLIAM R.SOTH VIRGIL H. HILL ROBERT 0. FLOTTEN THOMAS R-MANTHEY R OS ERT V_TAR BOX JOHN D_ LEVINE RICHARD G. SWANSON D[FORE ST SPENCER ROBERT J.STRUYK DAVID A. RANHEIM ROBERT J. JOHNSON MICHAEL A. OLSON 1468 W—FIRST NATIONAL BANK BUILDING ROBERT J. SILVERMAN M.B. HASSELOUIST LARRY W. JOHNSON ST. PAUL, MINNESOTA 55101 JAMES M_KLEBBA PETER DORSEY TH OMAS S. HAY (612 ) 227— 8017 WILLIAM R. HIBBS GEORGE F. FLANNERY G. LARRY GRIFFITH JOHN D.KIRBY CURTIS LROY CRAIG A_BECK PHILIP F. BOELTER ARTHUR E.WEISBERG DAVID L.McCUSKEY WILLIAM B. PAYNE DUANE E_JOSEPH THOMAS O. MOE JONATHAN VILLAGE CENTER BRUCE W_BURTON FREDERICK E. LANGE JAMES H.0'HAGAN CHASKA, MINNESOTA 55318 JAN D.STUURMANS JAMES B.VESSEY MICHAEL W. WRIGHT (6I2) 448-4012 R- A. SCHWARTZBAUER WILLIAM A. WHITLOCK LARRY L.VICKREY DAVID N. FRONEK E. J. SCHWARTZBAUER LOREN R. KNOTT THOMAS W. TINKHAM THOMAS M. BROWN PHILLIP H_ MARTIN JON R TUTTLE CORNELIUS D_MAHONEY REESE C-JOHNSON EARL L.DEVINE August 4, 1972 Mr. Warren Hyde Village of Edina 4801 West 50th Street Edina, Minnesota 55424 Dear Warren: Enclosed is a copy of my letter to the Council regarding ant - picketing and a copy of the ordinance. Also, for your use and in- formation, a copy of the Village's legal memorandum in the municipal court action is enclosed. Very truly yours, Th mas S. Erickson TSE/c Enclosures ROBERT A. HEIBERG EMERY W. BARTLE MICHAEL J. RADMER CURTIS L. STINE MICHAEL.TRUCANO WILLIAM J. KEPPEL JAMES A. FLADER WILLIAM KJOHNSTONE WILLIAM E. BOOEN WILLIAM P. LUTHER DOUGLAS D. MCFARLAND DAVID L-BOEHNEN ROBERT M. HALVORSON CRAIG LWILLIAMS VINCENT S.WALKOWIAK AUSTIN G.ANDERSON ADM.PARTNER OF COUNSEL DAVID EE BRONSON LEAVITT R_BARKER GEORGE E.ANDERSON ORDINANCE NO. 1061-Al AN ORDINANCE AMENDING ORDINANCE NO. 1061 TO REDEFINE PICKETING AND TO DEFINE DWELLING AND TO PROHIBIT PICKETING OF DWELLINGS ..CHE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Section 2 of Ordinance No. 1061 is amended to read as follows: Sec. 2. Definitions. For purposes of this ordinance the following terms are defined as follows: "Picketing" - The standing, marching or patrol- ling by one or more persons in front of, or in, on or about the premises of, any dwelling within the Village of Edina, without the consent of the owners, to persuade an inhabitant of the dwell- ing or protest some action, attitude or belief of an inhabitant, also the standing, marching or patrolling by one or more persons in front of, or in, on or about the premises of any library, school, hospital or municipally -owned building within the Village of Edina, without the consent of the owners, for the purpose of persuading or protesting. "Dwelling" - Those structures that are used only as a place of residence and wherein no person, other than persons residing therein or domestic employees, is regularly employed. Sec. 2. Section 3 of Ordinance No. 1061 is amended to read as follows: Sec. 3. Picketing of Dwellings Prohibited. Picketing is prohibited in front of, or in, on or about, any dwelling in the Village. Sec. 3. This ordinance shall be in full force and effect immediately upon its passage and publication. DORSEY, MARQUART, WINDHORST, WEST SL HALLADAY JAMES T HALVERSON ROBERT K HEIBERG DONALD WEST THOMAS S, ERICKSON 2400 FIRST NATIONAL BANK BUILDING CHARLES J. HAUENSTEIN EMERY W. BARTLE WALDO F MAROUART WILLIAM C. BABCOCK CHARLES A. GEER MICHAEL J. RADMER JOHN IN WINDHORST MICHAEL E. BRESSJOHN M I N N E A P O L I S, M I N N E S O TA S S 4 O 2 C. AN HENRY NALLADAY JULE M.HANNAFORD PAUL G. ZERBY RAYMOND A REISTER JOHN R. WICKS EWENE L.JOHNSON MICHAEL TRUCANO WILLIAM J. KEPPEL ARTHUR B. WHITNEY JOHN 1 TAYLOR W. WI JR. JAMES A F RUSSELL W. LINDOUIST aERHARD G HEINZEN ( 612) 333 — 2151 ICHARST, MCHAEL PRICNARD MICR WILLIAM A.JOH NSTONE JOHNS DAVID R. BRINK WILLIAM J. HEMPEL DOROW WILLIAM R. SOT" WILLIAM E. BOWEN HORACE HITCH JOHN S. HIBBS CABLE: THOMAS fl. MANTMEY WILLIAM P. LUTH ER VIRGIL H. MILL ROBERT O. FLOTTEN RICHARD G. SWANSON DOUGLAS D. MCFARUND ROBERT V. TARBOX JOHN 0. LEVINE DAVID A. RANHEIM DAVID l.BOENNEN DEFOREST SPENCER ROBERT J. STRVYK 1468 W—FIRST NATIONAL BANK BUILDING ROBERT J. SILVERMAN ROBERT M-HALVORSON ROBERTJ.JOHNSON MICHAEL K OLSON ST. PAUL,MINNESOTA 66101 JAMES M. KLEB BA CRAIG LWILLIAMS M. B. HASSELOUIST SELO LARRY W. JOH NSON (612) 227-80I7 WILLIAM R.HIBB5 VINCENT S.WALKOWIAK PET ER THOMAS SHAY JOHN D. KIRBY GEORGE P. FLANNERY G. LARRY GRIFFITH PHILIP F. BOELTER CURTIS L. ROY CRAIG &BECK WILLIAM B. PAYNE AUSTIN G.ANDERSON ARTHUR E. WE158ERG DAVID L. M<CUSKEY JONATHAN VILLAGE CENTER BRUCE W. BURTON ADM.PARTNER DUANE E.JOSEPH THOMAS O. MOE OHAGAN CHASKA, MINNESOTA 6631$ JAN D.STUURMANS FREDERICK E. LANGE JAMES B. VESSEY JAMES H. MICHAEL W. WRIGHT (612] 44$-4012 p.&SCHWARTZBAUER DAVID N. FRONEK OF COUNSEL WILLIAM A.WHITLOCK LARRY L. VICKREY THOMAS W. TINKNAM DAVID E. BRONSON E.J.SCHWARTZBAUER LOREN R. KNOTT JON F. TURLE LE AVITT R. BARKER THOMAS M. BROWN PHILLIP H. MARTIN EARL L. DE VINE GEORGE E. ANDERSON CORNEUUS D.MAHONEY REESE C. JOHNSON August 4, 1972 The Honorable Members of the Village Council Mr. Warren Hyde Village of Edina 4801 West 50th Street Edina, Minnesota 55424 Re: Anti -Picketing Ordinance No. 1061 Gentlemen: As you know, the Village has two lawsuits pending regarding Anti -Picketing Ordinance No. 1061. The present status of these two cases is as follows: 1. Municipal Court Case: State of Minnesota vs. John William Filter. This criminal action in Hennepin County Municipal Court is still pending. Defendant has moved to dismiss the action on the ground that the ordinance violates first amendment rights and equal protection of the laws. Both parties have submitted briefs, and the case was argued before Judge Christenson. A decision is expected before August 18, 1972. 2. Federal District Court Case: Hoffa,et al v. Hyde, et al. This is a class action brought on behalf of the Minnesota Federation of the Blind against certain Village officials to prevent them from enforcing Ordinance No. 1061. Defendants have answered the Complaint and the case is now pending before Judge Lord in federal court. On August 15, 1972 at 9:30 A.M. plaintiffs will move the Court for an order temporarily enjoining the Village from enforcing the ordinance. We will oppose the motion. We have been advised by the attorney for the plaintiffs that they intend to depose the Board of Directors of the Minnesota Society for the Blind. Mr. Mike Bolen has indicated that he will oppose the depositions on the grounds that the directors have no relevant testimony and that the depositions are solely for harassement. We advised Mr. Bolen we would support his opposition. DORSEY, MAROUART, WINDHORST, WEST a HALLADAY The Honorable Members Mr. Warren Hyde Village of Edina of the Village Council August 4, 1972 Page - 2 - In the Municipal Court case, defendants' motion to dismiss is based solely upon a very recent U. S. Supreme Court case, Police Department of the City of Chicago, et al v. Mosely, _ U.S. , 40 U.S.L.W. 4877 (6-26-72). In that case, the ordinance prohibited demonstrations in front of a school while the school was in session with the exception that peaceful picketing in a labor dispute was allowed. The U. S. Supreme Court declared the ordinance unconstitutional on the ground that differentiation among types of picketing by the ideas expressed was a violation of the First Amendment and equal protection provisions of the United States Constitution. Because of this most recent Supreme Court case, I recommend that Ordinance No. 1061 be amended to delete the exception now contained in Section 3 thereof allowing picketing in a labor dispute. This was the kind of exception found objectionable by the Supreme Court (though the Wisconsin Supreme Court thought it proper). In that connection, I also recommend that we redefine a dwelling as being one wherein no persons are regularly employed other than domestic employees. This would mean that no picketing of any kind would be allowed in front of a dwelling, but picketing would be allowed in front of places where there were regular employees (such a place not being a "dwelling" within the ordinance definition). These two changes, we believe, would take the ordinance out of the scope of the Mosle case. Also, because of other recent cases involving handbills and picketing, I think it advisable to delete the requirement that the persons doing the picketing carry or display placards, banners, or symbols. Picketing would then be defined as standing, marching or patrolling for the purpose of persuasion or protestation, whether or not placards, handbills or symbols were displayed. The new anti -picketing ordinance will have no effect on the federal court case; that case will still proceed for the purpose of deciding whether the new ordinance is valid or invalid. The new ordinance will have no effect on the municipal court case; we will still be prosecuting under the old ordinance. However, the fact that the ordinance was amended might be a factor considered by the judge in determining the validity of the original ordinance. We do not believe this to be a great risk. I do believe the new anti -picketing ordinance will strengthen our argument in the federal court case. Therefore, should the Council decide to adopt the new ordinance, I further recommend that it be adopted on an emergency basis so as to become effective prior to August 15, the date of the federal case hearing. A copy of the proposed ordinance amendment is attached. Very truly yours, Z�m`as. Erickson TSE/c STATE OF MINNESOTA MUNICIPAL COURT COUNTY OF HENNEPIN State of Minnesota, Village of Edina, Vs. John William Filter, Plaintiff, Defendant. FIFTH DIVISION, EDINA PLAINTIFF'S MEMORANDU:: IN OPPOSITION TO DEFENDANT'S MOTION TO DISMISS DORSEY, MARQUART, WINDHORST, WEST & HALLADAY By: Thomas Tinkham 2400 First National Bank Building Minneapolis, Minnesota 55402 Telephone (612) 333-2151 Attorneys for the Village of Edina STATE OF MINNESOTA COUNTY OF HENNEPIN State of Minnesota, Village of Edina, VS. John William Filter, Plaintiff, Defendant STATEMENT OF FACTS MUNCIPAL COURT FIFTH DIVISION, EDINA PLAINTIFF'S MEMOR NDU;1 IN OPPOSITION TO DEFENDANT'S MOTION TO DISMISS On the night of July 6, 1972, defendant, John William Filter, and nine others took part in a "candlelight march"'through the streets of Edina. The march terminated on a sidewalk in front of #8 Bridge Lane, the residence of United States District Court Judge Philip Neville. Upon reaching that point, the ten persons arranged themselves in a row. All of them were holding lighted candles in front of them and defendant Filter was also holding a placard reading "Silent vigil in support of the suffering people of Indo-China." The protest march and congregation at Judge Neville's home were meant to pro- test the Viet Nam situation, and more particularly, some of Judge Neville's decisions relating to the draft. About five minutes after the group had assembled at the Judge's home, a police officer approached the group and told its members to disperse or they would be arrested for violating Edina Ordinance No. 1061, which states in part: "Sec. 3. Picketing of Dwellings Prohibited; Ex- ception. Picketing is prohibited in front of, or in, on or about, any dwelling in the village; provided, however, that picketing of a dwelling shall not be deemed pro- hibited by this ordinance if done in an otherwise lawful -1- f manner during a labor dispute and if the dwelling being picketed is the place of employment of the persons in- volved in the labor dispute. "Sec. 4. Picketing of Libraries, Schools, Hospitals and Municipally -Owned Buildings. No person or persons shall picket in front of, or in, on or about any library, school, hospital or municipally -owned building in the village in such manner as to prevent, obstruct, or inter- fere with full, free, and uninterrupted ingress and egress to and from any such building. . . ." All of the members of the assembled group except defendant Filter abandoned the premises; defendant Filter refused and was arrested, being charged with a violation of the aforementioned ordinance. The present motion seeks to dismiss the charge on the ground that the ordinance in question is unconsti- tutional on its face in that it violates the equal protection of the laws - as applied to the states by the Fourteenth Amendment. ARGUMENT I. Defendant has no Standing to Attack Section Four of the Ordinance Because That Section Has not Been Applied to Him. The Edina ordinance with which we are concerned prohibits two general types of activity: (4) picketing. in front of libraries, schools, hospitals and mun- icipally owned buildings is prohibited if it obstructs or interferes with the full, free or uninterrupted ingress and egress to and from any such build- ing; and (3) picketing in front of dwellings is prohibited regardless of whether the ingress and egress to and from such dwellings is affected unless the picketing is done during a labor dispute and the dwelling picketed is the place of employment of those involved in the labor dispute. The defendant has engaged only in picketing of the second type mentioned above and cannot challenge the constitutionality of the ordinance -2- as it applies to the first type of activity. It is well settled in Minnesota that where the particular objectionable feature of a statute does not operate so as to prejudice a party, he is without interest to raise the question of constitutionality. The Supreme Court applied this doctrine most recently in State v. Weil, 281 Minn. 73, 160 N.W.2d 577 (1968). In that case, petitioner, who had been convicted of indecent assault, challenged the constitutionality of a Minnesota statute prohibiting the taking of indecent liberties with —Y female not a public prostitute. The petitioner argued that this statute, on its face, made criminals of even those males taking indecent liberties with their wives, and therefore was unconstitutional. The court, of course, denied this claim stating that the petitioner ". .[M]ay not espouse the cause of others differently situated as a defense in a pro- secution where the statute clearly applies to him (citations omitted)." If defendant, in the -instant case, seeks a finding that the part of the ordinance dealing with the picketing of libraries, schools, hospitals, or other municipal buildings is unconstitutional, he would in fact be seeking to "espouse the cause of others differently situated" (the others being those picketing these libraries, schools, hospitals and other buildings). See also Kaljuste v. Hennepin County Sanatorium Commission, et al., 240 Minn. 407, 61 N.W.2d 757 (1953); State v. Casualty Mutual Insurance Co., 213 Minn. 220, 6 N.W.2d 800 (1942); Mesaba Loan Co. v. E. Jack Sher, et al., 203 Minn. 589, 282 N.W. 823 (1938). II. Defendant has no Standing to Raise the Issue of Equal Protection of the Laws Because There is no Showing that His Picketing Took Place in Front of a Building Where Persons Were Employed. The only basis cited in defendant's motion to dismiss this action was City of Chicago v. Mosley, U.S. 40 U.S.L.W. 4877 (June 26, 1972). -3- The prosecution in Mosley was brought under an ordinance that prohibited picketing within 150 feet of any school provided that the picketing of a school by those involved in a labor dispute was not prohibited. The Court held, in the context of picketing before a public building, that distinguishing between persons picketing on the basis of what was said, violated the equal protection of the laws. Defendant seeks to apply Mosley to his -own situation. However, there is no showing that any persons were employed at #8 Bridge Lane or that it is other than a single family dwelling. Absent a showing that persons are employed at #8 Bridge Lane, the Court is asked to consider the constitutionality of this ordinance on a"purely hypothetical basis. The ordinance only allows labor picketing in front of a structure where the structure is the place of employment of the persons picketing. The ordinance does not allow any picketing in front of the ordinary residence. In regard to the ordinary residence, the Village Council of Edina has made no legislative choices that would raise an equal protection question. It has prohibited all picketing regardless of r the message presented by the picketers. In State v. Weigold, supra, the defendant was not allowed to raise constitutional issues by hypothesizing a situation in which the statute could be applied in a manner contrary to the Constitution. In this case, defendant should not be allowed to hypothesize, without some factual showing, that he was picketing in front of a structure where labor picketing would have been allowed. Absent this factual showing, defendant has no standing to raise the equal protection question. Id. III. Edina Ordinance No. 1061 does not Violate the First Amendment Because it is a Minimal Regulation of an Activity that has Substantiall Interfered with the Village of Edina Resident's Right to Privacy. -4- Defendant contends that the ordinance denies him the freedom of expression guaranteed by the First and Fourteenth Amendments. That the freedom of expression is to be zealously guarded is, of course, unquestioned; that the state can regulate such expression when coupled with conduct, however, is equally unquestioned. As the United States Supreme Court stated in Cox v. Louisiana, 379 U.S. 559 (1965), a case involving an allegation of the un- constitutionality of a picketing statute: "Ivor does such a statute infringe upon the consti- tutionally protected rights of free speech and free assembly. The conduct.which is the subject of this statute --picketing and parading= -is subject to regula- tion even though intertwined with expression and association. The examples are many of the application by this Court of the principle that certain forms of conduct mixed with speech may be regulated or prohibited . ." 379 U.S. at 563. In Amalgamated Food Employees Union'Local 590 v. Logan Valley Plaza, Inc., 391 U.S. 308 (1968), a case involving the appeal of an order enjoining petitioners' picketing, the Court held: ". . . . JT]o be sure, this Court has noted that picketing involves elements of both speech and conduct, i.e., patrolling, and has indicated that because of this inter- mingling of protected and unprotected elements, picketing can be subjected to controls that would not be constitu- tionally permissible in the case of pure speech. . . ." 391 U.S. at 313. The Court has stated this doctrine in numerous other cases involving picketing. E.g., Cameron v. Johnson, 390 U.S. 611 (1968); Adderley v. Florida, 385 U.S. 39 (1966); International Brotherhood of Teamsters v. Vogt, Inc. 354 U.S. 284 (1957). Of course, the state must have a legitimate interest in regulating such picketing before it can so regulate. The legitimate interest which the state is seeking to protect by the ordinance with which we are concerned is set forth in the declaration of purpose of the ordinance: "The Village Council of the Village of Edina hereby finds and declares that citizens of this Village should be able to enjoy in their homes a sense of well-being, tranquility and privacy. ." -S- The question which the Court must answer, then, is whether the protection of the tranquility and privacy of the home is a legitimate state interest, or put another way, whether protection of the right of privacy justifies minimal state regulation of picketing that violates that right. Although no cases directly on point have been examined by the United States Supreme Court, the high status which the various justices have granted to the right of privacy indicates that the right to picket wouldn't be allowed to indiscrimi- nately interfere with it. The first case to really explore the concept of the right of privacy and delineate its constitutional foundation was Griswold v. Connecticut 381 U.S. 479 (1965). The Court in Griswold invoked the right of privacy to declare unconstitutional a statute regulating the use of contraceptives: The Court reasoned that to enforce such a law would require the state to invade the privacy of the marriage relationship and to 'search the sacred precincts of marital bedrooms for telltale signs of the use of contraceptives.' The im- portance of the case was in the Court's explanation of how the right of privacy emanated from the guarantees of certain amendments. n . .jV]arious guarantees create zones of privacy. The right of association contained in the penumbra of the First Amendment is one, as we have seen. The Third Amendment in its prohibition against the quartering of solders 'in any house' in time of peace without the consent of the owner is another facet of that privacy. The Fourth Amendment explicitly affirms the 'right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.' The Fifth Amendment in its Self -Incrimination Clause enables the citizen to create a zone of privacy which government may not force him to surrender to his detriment. The Ninth Amendment provides: 'The enumeration in the Constitution, of certain rights, shall not be construed to deny or dis- parage others retained by the people."' 381 U.S. at 484. The Court found that the marital right of privacy, although not expressly protected by the Constitution, was within the zone of privacy created by these various constitutional guarantees. This zone of privacy, of course, extends to areas other than marriage. The most fundamental of these areas, and the one from which the right to marital privacy flows is the right to privacy in the home. As Mr. Goldberg stated in his concurring opinion to the Griswold case: " [C]ertainly the safeguarding of the home does not follow merely from the sanctity of property rights. The home derives its pre-eminence as the seat of family life. And the integrity of that life is something so fundamental that it has been found to draw to its protection the principles of more than one explicitly granted Constitutional right. Of this whole 'private realm of family life' it is difficult to image what is more private or more intimate than a husband and wife's marital relations." 381 U.S. at 495 (quoting from Justice Harlan's dissent in Poe v. Ullman, 367 U.S. 497 (1961)). Justice Goldberg is not unique in his high regard for this right of privacy. The various justices are uniform in their recognition of the fundamental nature of the right. They treat the right as being of such a basic nature that it needs no extensive justification. In a 1952 case, Public Utilities Commission v. Pollak, 343 U.S. 451 (1952), which examined passenger complaints that playing music on a public vehicle violated their Fifth Amendment right of privacy, the Court (in upholding the practice) stated: ". .IT]his position [of the complainants] wrongly assumes that the Fifth Amendment secures to each passenger on a public vehicle regulated by the Federal Government a right of privacy substantially equal to the privacy to which he is entitled in his own home. However complete his right of privacy may be at home, it is substantially limited when its possessor travels on a public thoroughfare or rides in a public conveyance. ." 343 U.S. at 464. This language strongly suggests that had this music come from a loudspeaker in the center of a residential community, it would have been prohibited. Instead of the loudspeaker playing music, in this case certain individuals were expressing ideas through language and conduct. The First Amendment extends them certain liberties, as -certain other of the amendments -7- extend privacy rights to the homeowner. The question of whether First Amendment rights of expression must constitutionally prevail over any right to privacy has been answered recently in a Supreme Court decision arising in a slightly different context. The case is Rowan v. United States Post Office Dept., 397 U.S. 728 (1970). That case examined the constitutionality of a statute allowing homeowners, in their sole discretion, to require the Post Office to issue an order to mail advertisers telling the latter to refrain from sending any more literature to the homeowner. The purpose of the statute was, of course, to allow a.homeowner to prevent those communications which he found offensive from reaching his home. The Edina statute seeks to do the same thing; prevent communications which might be offensive, from upsetting a person's home. In both cases, persons violating the statute are seeking to express their ideas. The written communications sent by the defendant in Rowan are certainly entitled to no less protection than the ideas expressed vocally and through conduct, but restricted by the Edina ordinance. The Rowan Court upheld the statute's constitutionality unanimously: ". .[W]eighing the highly important right to communi- cate, but without trying to determine where it fits into constitutional imperatives, against the very basic right to be free from sights, sounds and tangible matter we do not want, it seems to us that a mailer's right to communicate must stop at the mailbox of an unreceptive addressee. "To hold less would tend to license a form of trespass and would make hardly more sense than to say that a radio or television viewer may not twist the dial to cut off an offensive or boring communication and thus bar its entering his home. Nothing in the Constitution compels us to listen to or view any un- wanted communication, whatever its merit; we see no basis for according the printed word or picture a dif- ferent or more preferred status because they are sent by mail. The ancient concept that 'a man's home is his castle' into which 'not even the king may enter' has lost none of its vitality, and none of the recognized exceptions includes any right to communicate offensively with another. . . ." 397 U.S. at 736, 737. IM 0 Picketing offends the sanctity of the home much more than mailed literature. A person does not even have to open, let alone read, mail. He can drop it in the wastebasket and the offensive communication is ended before it has begun. A picketer is more like the radio or television mentioned in the above -quoted statement by Chief Justice Burger. The Edina ordinance acts merely as the 'dial to cut off an offensive or boring communication.' Without this dial no home could retain its privacy. That the Court's holding in Rowan should be followed in the instant case is made even clearer by reference to the concurring opinion of Justice Black, the traditional protector of First Amendment freedoms, in Gregory v. City of Chicago, 394 U.S. 111 (1969). That case presented a factual situation similar to ours since it involved the picketing of a residence, but the majority opinion avoided the question presented in the instant case. Since the picketers in the Gregory case had been peaceful; and the statute they had allegedly violated was a disorderly conduct statute, the Court merely held that the conviction was wrong on the facts. Justice Black, however, focused on the Constitutional issues: ". I wish once more to say that I think our Federal Constitution does not render the States powerless to regulate the conduct of demonstrators and picketers, conduct which is more than 'speech,' more than 'press,' more than 'assembly' and more than 'petition' as those terms are used in the First Amendment. Narrowly drawn statutes regulating the conduct of demonstrators and picketers are not impossible to draft. And narrowly drawn statutes regulating these activities are not impossible to pass if the people who elect their legisla- tors want them passed. . . ." ". . . were the authority of government so trifling as to permit anyone with a complaint to have the vast power to do anything he pleased, wherever he pleased, and whenever he pleased, our customs and our habits of conduct, social, political, economic, ethical, and re- ligious, would all be wiped out, and become no more than relics of a gone but not forgotten past. Churches would be compelled to welcome into their buildings invaders who came but to scoff and jeer; streets and highways and public -9- buildings would cease to be available for the purposes for which they were constructed and dedicated whenever demon- strators and picketers wanted to use them for their own purposes. And perhaps worse than all other changes, homes, the sacred retreat to which families repair for their pri- vacy and their daily way of living, would have to have their doors thrown open to all who desired to convert the occupants to new views, new morals, and a new way of life. Men and women who hold public office would be compelled, simply because they did hold public office, to lose the comforts and privacy of an unpicketed home. I believe that our Constitution, written for the ages, to endure except as changed in the manner it provides, did not create a gov- ernment with such monumental weakness. . . ." 394 U.S. at 124-1.25 (concurring opinion of Justice Black) (emphasis added). The Wisconsin Supreme Court, interpreting two ordinances identical to the one with which we are concerned, so concluded. See City of Brookfield v. Groppi, 50 Wi.s.2d 166, 184 N.W.2d 96 (1971); City of Wauwatosa v. King, 49 Wis.2d 398, 182 N.W.2d 530 (1971). In the King case, the Court emphasized the United States Supreme Court's high regard for•the right of privacy and concluded that -he Supreme Court would have affirmed an ordinance such as this. And finally, less than one month ago, Judge Irving Ben Cooper of the Federal District Court of Southern New York handed down his opinion in the much -publicized Galella v. Onassis case (S.D.N.Y., advance sheets of the case have not been released). In that case, Galella, a photographer, sued Jackie Onassis for harassing him and she counterclaimed for an injunction prohibiting him from further invading her right of privacy. Galella's action was dismissed and an injunction was issued, which among other things barred Galella from approaching within 100 yards of the Onassis home. See, Newsweek Magazine, July 17, 1972 at 39, col. 2. This injunction is seemingly broader than the Edina ordinance and so adds further support to the proposition that the right of privacy may be protected at the limited expense of some First Amendment rights. The picketing prohibited by the ordinance does invade the family • well. -being and privacy so as to justify the regulation. For purposes of this -10- ppppppp- discussion, it will be assumed that the picketer in the instant situation carried on his activities on public ground, silently, and with no obstruction of entrance to or exit from the residence.. The Supreme Court has rendered no decision on the question of whether such a form of picketing would violate privacy rights but the Rowan case indicates that the mere presence of such protestors would invade these rights: ". ... IN]othing in the Constitution compels us to listen to or view any unwanted communication,'whatever its merit; ." 397 U.S. at 737 (emphasis added). It would seem from a purely logical standpoint, also, that the reception of offensive mail, declared by the Rowan Court to be an invasion of privacy, is a much less severe invasion of privacy than is the hovering of a hostile, though physically peaceful, individual outside one's home. It cannot be argued that the reception of a piece of even the most offensive literature upsets the tranquility of the home more than a protester lurking outside the home with the residents never knowing whe.i the peacefulness will turn to violence. It must be understood that it is not merely violence or words or literature or offensive actions which can disturb the tranquility of the home. The mere threat of such offensiveness can do the same thing. It should not have to be tolerated in the home. "Tranquility and privacy are fragile enough flowers, particularly in a home setting. Home is where the hus- band comes, or both husband and wife come, after the day's work, to relax and put aside the cares of the out- side world. Home is where the wife expects, in addition to the work of the household and the care of the children, to have some moments of peace and calmness. Home is where the children come not only to eat and sleep, but also to do their homework and to go out in the yard and play with the youngsters in the neighborhood. Home is many things, most of them intangibles, not just a house and shelter, but an opportunity to rest, relax and recharge batteries for the morrow. Of such ingredients is tran- quility made up and privacy derived. . . . Putting aside the not necessarily unreasonable fear of escalation --action and reaction between picketers and spectators --the very fact of the physical patrolling and marching by the group of uninvited and unwelcome paraders creates pressure. The newsworthiness of the situation stems in part from the -11- tensions created and pressures focused on the home. Such tensions and pressures may be psychological, not physical, but they are not, for that reason, less inimical - to family privacy and truly domestic tranquility. If, as we have said, it is a proper public purpose to protect both privacy and tranquility, then the prohibiting of picketing before or about the home is a clearly related and entirely reasonable means to such end." City of Wauwatosa v. King, supra, 182 N.W.2d at 537. Decisions of the United States Supreme Court and other courts supportan ordinance of the type before this Court. The commentators have generally supported such an ordinance. A. Kamin, Residential Picketing and the First Amendment, 61 N.W.U.L. Rev. 177 (1966); Note, 34 U. Chi. L. Rev. 106 (1966). The legislatures of at least nine states have enacted ordinances similar to this one. A. Kamin, Residential Picketing, supra 206 n. 101. Edina asks this Court to hole that this ordinance does not constitute an unwarranted abridgment of First Amendment rights. IV. Edina Ordinance No. 1061 does not Violate the Equal Protection Clause of the United States Because the Ordinance, as Properly Interpreted, Prohibits all Picketing in Front of a Residence. As noted earlier, defendant does not have standing to make this attack on the ordinance because there is no showing that anyone would have been allowed to picket the home that he was picketing. However, it is the position of the Village of Edina, that properly interpreted, this ordinance does not involve any violation of the Equal Protection provision. Defendant has claimed that City of Chicago v. Mosley, supra, is authority for holding this ordinance invalid. The Equal Protection Clause of the Fourteenth Amendment does not deny states the power to treat different classes of people in different ways. It is true that the classification must rest upon a ground of difference having a -12- fair and substantial relation to the object of the legislation. Reed v. Reed, 404 U.S. 71 (1971); McDonald v. Board of Election Commissioners, 394 U.S. 802 (1968); Royster Guano Co. v. Virginia, 253 U.S. 412 (1920). The object of Edina's legislation is, as repeated throughout this memorandum, to protect the home dwellers from having to face the tension and pressures bombarding them throughout the day at their places of dwelling. It has been shown that this is a valid objective. The Mosley Court examined an ordinance which prohibited picketing within 150 feet of any school in session, provided, however, that the peaceful picketing of a school involved in a labor dispute was not prohibited. The function of the ordinance was to prohibit the disruption of school while its classes were in session and the petitioner brought an action to have the statute set aside on the grounds that it violated the Equal Protection Clause by refusing to allow nonlabor picketing which did not disrupt a school's activities, while at the same time expressly allowing labor picketing which was no less disruptive. The Court, in holding the ordinance invalid, stated: "Although preventing school disruption is a city's legitimate concern, Chicago itself has determined that peaceful labor picketing during school hours is not an undue interference with school. Therefore, under the Equal Protection Clause, Chicago may not maintain that other picketing disrupts the school unless that picketing is clarly more disruptive than the picketing Chicago already permits. . . . If peaceful labor picketing is permitted, there is no justification for prohibiting all nonlabor picketing, both peaceful and nonpeaceful. 'Peaceful' labor picketing, however the term 'peaceful' is defined is obviously no more disruptive than 'peaceful' nonlabor picketing. ." 40 U.S.L.W. at 4879 (emphasis added) . The Court held that a governing body could not distinguish between the purpose of the picketers in allowing some picketers and prohibiting others. Properly interpreted, the Edina ordinance makes no such distinction. The ordinance distinguishes between different types of places within the Village of Edina. It distinguishes between structures where people are employed and those -13- 0 where no one is employed. No person may picket in front of a dwelling unless there is someone employed there. Within the meaning of the Mosley decision, there is an appropriate governmental interest in making such a distinction. Mosleyy. City of Chicago, supra, 4878. The Supreme Court stated in Amalgamated Food Employees Union Local 590 v. Logan Valley Plaza, Inc., 391 U.S. 308 (196'8): ". [0]wnership does not always mean absolute dominion. The more an owner, for his advantage, opens up his property for use by the public in general, the more do his rights become circumscribed by the statutory and constitutional rights of those who use it." 391 U.S. at 325. See also, Marsh v. Alabama, 326 U.S. 501 (1946). It follows that a homeowner, with absolute rights of privacy, who opens up his property for the use of those employed by him, will have to be sensitive to the statutory and constitutional rights of those employees. Just as the lawyer who decides to become President must sacrifice some of his privacy because of his obligation to the public, so must the homeowner, who makes that home a place of employment, sacrifice some of his privacy because of his obligation to those. employees. By employing individuals at a residence, an owner of property changes the character of that property and provides more than ample grounds for the distinction sought. By the employment of per- sons therein, a structure becomes a business rather than a dwelling. In drafting this ordinance, the Village of Edina has distinguished between different types of places rather than what picketers may be saying. Mosley and other Supreme Court decisions allow such a distinction. E.g., Paulos v. Ne:,7 Hampshire, 345 U.S. 395, 398 (1953). In Mosley the Court stated: ". Similarly, under an equal protection analysis, there may be sufficient regulatory interests justifying selective exclusions or distinctions among picketers. . . ." Mosley v. City of Chicago, supra, 4879. In Mosley the fact that the site picketed was a public building did not allow -14- the City to distinguish among picketers in prohibiting some picketing. In dealing with family dwellings, with their inherently greater privacy; a municipalit}, may make selective exclusions as long as the exclusions are related to a reasonable state interest. It is submitted that the distinction between structures that are solely residential and those where persons are employed, justifies the distinction made by the Village of Edina. See City of Wauwatosa v. King, supra. It is a well-known principle of statutory interpretation that an ordinance or statute should be so interpreted as to render it constitutional. If this Court believes that the defendant has standing to make this equal protection argument and that the ordinance may be defective on equal protection grounds, a simple definition of the word dwelling would obviate any possible infirmity. The Court could interpret the word dwelling to mean a residence where no persons, other than domestic aides, were employed. If the ordinance is so interpreted, any individual, including laborers, could picket buildings in Edina other than dwellings. No one, including laborers, could picket dwellings. Every potential picketer would then�be treated equally under the ordinance. The right of privacy in the home, in its purest form, is a right which is to be protected at all costs. To suggest that the right to picket, a right which has been regulated by numerous ordinances and statutes pro- tecting other rights, cannot be regulated to preserve one of the most fund- amental rights --the right of privacy --is unsound. As an individual exposes himself to the public, however, the fundamental nature of the right becomes diluted and the balancing process, tipped heavily in favor of protecting the right to privacy, begins to tip in the other direction. Edina has -15- determined that the hiring of employees limits the right of privacy enough to justify picketing by such employees. The determination clearly has a rational basis and warrants the distinction made in the Edina ordinance. The statute should stand. Dated: August 1, 1972. DORSEY, MARQUART, WINDHORST, WEST & HALLADAY Thomas Tinkham 2400 First National Bank Building Minneapolis, Minnesota 55402 Telephone (612) 333-2151 Attorneys for the Village of Edina -16- July 25, 1972 Mr. Dean Lund Executive Secretary League of Minnesota Municipalities 3300 university Avenue S.B. Minneapolis, M1N 55414 Dear clean: Inclosed is a copy of a letter to Frank Moulton which is self-explanatory, concerning injury on duty benefits. The Village of Mina passed ordinance P1061 prohibiting picketing of res- idences on June 19, 1972. A copy of it io attached. We made one staged arrest on it and consequently are being tested in court by the National l ederation of the Blind of Minnesota, Inc. and the Minnesota tat Civil Liber- tles Union. A'he Ordinance we passed is similar to that in Wauwatosa and Brookfield, Wisconsin urhich had been upheld by the Wisconsin Supreme:. Court. It is likely that we will end up in the State Supreme Court on this. Council has asked that I determine whether the League might want to enter in as Amicua Curiae I am also enclosing copies of a letter from Leo Korth, Assistant Commissioner of the Highway Department which, again, is somewhat self-explanatory. The Council refused to authorise execution of the cooperative agreement which would require Edina to pay in the neighborhood of $300,000 in nonassessable costs for sewer and water changes necessitated by the upgrading of a portion of Highway 100. If you wish, I will send you a complete file on this for ammunition at the next session of the League's legislature program. Best regards. Sincerely, Warren C. Hyde Village Manager 1 IN Enclosures M E M O R A N D U M July 11, 1972 FOR YOUR DIFG R , ION TO: Mayor and Council FROM: Village Manager SUBJECT: RESIDENTIAL PICKETING ORDINANCE You should be aware of some interesting developments on one of your newest enactments. On Wednesday, July S, information was received that a test case was going to be made of the Ordinance, which prohibits picketing, etc. of residences, by the Minnesota Civil Liberties Union. Contacts were made with Gary West, Chief Bennett and Thomas S. Erickson by an attorney, John Graham, and George Crocker. The protest location picked is the home of Federal District Judge Phil Neville, 8 Bridge Lane, and the action was to be a combination. Ordinance test and "silent vigil" because of the Judge's sentences on draft dodgers and conscientious objectors being longer than given by others on the Federal bench. Crocker was previously sentenced by Judge Neville and is currently on parole or probation. He came in and met with Bennett, and arrangements were made for Bennett and Erickson to meet with the protest group at the Society of Friends Church, 44th and York, Thursday evening, to discuss the problem. My first inclination was that it was not necessary or advisable for the Village to be represented, but our good men felt they wanted to go. After considerable discussion, the ten protestors decided to go ahead with the march and one, John Filter, volunteered to be the one arrested. He is.currently awaiting disposition of a case involving himself by Judge Neville. After some difficulty in finding the Judge's home, but being directed by a squad car, the group, at about 10:00 P.M., did hold a "silent vigil" with lighted candles and some placards. After Captain Merfeld read the Ordinance and ordered them to disperse, the group broke up with the exception of Filter. Filter was arrested and booked. (Bennett had made previous arrangements with the Sheriff, and the County Van was in readi- ness in case the whole group insisted on being arrested.) Filter is now due to make a not guilty plea in County Municipal Court on July 18 and to be tried August 8. At the same time, the protestors are attempting to get a Federal Restraining Order against the Village's enforcing the Ordinance. This may be determined the last week in July. (more) RESIDENTIAL PICKETING ORDINANCE Page two Bennett and Erickson appearing at the rehearsal conference was another excellent piece of work. I am certain it kept the whole deal on a cool basis. (But who would have thought a few years ago we would enforce by pre -arrangement with the violator?). The lack of publicity received must be disheartening to the pro- testors. I have asked Erickson to handle the legal angles of the prosecution or defense as the case may be, rather than the usual Prosecuting Attorney, inasmuch as the dissidents will probably carry the matter to the Supreme Court. Warren C. Hyde f WCH/hd F.S. The National Federation of the Blind of Ixi.nnesota today asked for a declaratory judgment in U. S. District Court that the ordia.ance is unconstitutibn.al, violating lst and 14th amendments and for tern- orary and per..a?n�ent enjoinment of the enforcement of it, The Tlayor, h1anager, Police Chief and Prosecuting Attorney were served. 8opies to Erickson, Bennett PDONALOWEST DORSEY, MARQUART, WINDHORST, WEST & HALLADAY THOMAS S ERICKSON JAMES T. HALVERSON ROBERT A. HEIBERG WALDO HAROUART WILLIAM C. BABCOCK 2400 FIRST NATIONAL BANK BUILDING CHARLES J. HAUENSTEIN EMERY W- BARTLE JOHN W. WINDHORST MICHAEL E. BRESS CHARLES A.GEER MICHAEL J. RADMER HENRY HALLADAY PAUL G. ZERBY M I N N E A P O L I S, M I N N E S O TA 55402 JOHN C.ZWAKM.AN CURTIS L STINE JULE M. NAtiNAFORD RAYMOND A. REISTER JOHN R.WICKS MICHAELTRUCANO ARTHUR B. WHITNEY JOHN J. TAYLOR EUGENE L.JOHNSON WILLIAM J. KEPPEL RUSSELL W. LINDOUIST BERNARD G. HEINZENWIN (612) 333 - 2151 W. JR. JAMES A. FLAMER DAVID R. BRINK WILLIAM J. HEMPEL MICHAEL PRICHARD MICHAEL PRICHARD WILLIAM &JOXNSTONE HORACE HITCH JOHN S. HIBBS CABLE: DOROW WILLIAM R.50TH WILLIAM E. BOWEN VIRGIL H.HILL ROBERT 0. FLOTTEN THOMAS R.MANTHEY WILLIAM P. LUTHER ROBERT V. TARBOX JOHN 0. LEVINE RICHARD G. SWANSON DOUGLAS 0. MCFARLAND DEFOREST SPENCER ROBERT J. STRUYK DAVID A. RANHEIM DAVID L.BOEHNEN ROBERT J. JOHNSON MICHAEL & OLSON 1468 W-FIRST NATIONAL BANK BUILDING ROBERT J. SILVERMAN R08ERT M.HALVORSON M. S. HASSELOUIST LARRY W. JOHNSON ST. PAUL,MINNESOTA 55101 JAMES M.KLEBBA CRAIG LWILLIAMS PETER DORSEY THOMAS Sr. HAY (612) 227- 8017 WILLIAM R. HIBBS VINCENT S.WALKOWIAK GEORGE P. FLANNERY. G. LARRY GRIFFITH JOHN D. KIRBY CURTIS LROY CRAIG &BECK PHILIP F. SOELTER ARTHUR E.WE158ERG DAVID L McCUSKEY WILLIAM B. PAYNE AUSTIN G.ANOERSON DUANE E.JOSEPH THOMAS O. MOE JONATHAN VILLAGE CENTER BRUCE W. BURTON ADM -PARTNER FREDERICK E_LANGE. JAMES H.OHAGAN CHASKA, MINNESOTA $5318 JAN D.STUURMANS JAMES 8. VESSEY MICHAEL W. WRIGHT (612) 448-4012 R.&SCHWARTZBAUER WILLIAM A.WHITLOCK LARRY L VICKREY DAVID N. FRONEK OF COUNSEL E.J. SCHWARTZBAU'_R LOREN R. KNOTT THOMAS W. TINKHAM DAVID E. BRONSON THOMAS M. BROWN PHILLIP H. MARTIN - JON F. TUTTLE LEAVITT R_BARKER CORNELIUS D.MAHOHEY REESE C. JOHNSON EARL LDEVINE GEORGE E. ANDERSON July 24, 1972 Mr. Wayne Bennett Chief of Police Village of Edina _ 4801 West S.Oth Street Minfteapolis, Minnesota Re: Hoffa'v. Hyde Dear Mr. Bennett: Enclosed is a draft Answer that I have prepared in response to the Complaint in the above captioned case. Would you please review the Answer and give me your comments. Our Answer is due on or before July 31, 1972. The plaintiffs' attorney has rescheduled the hearing on the Temporary Restraining Order requested to 9:00 a.m., August 3, 1972, I have not received any pleadings or other materials dealing with this hearing.from the plaintiffs' attorney, but when I receive them,.I will forward them to you. I will be in contact with you prior to the August 3 hearing so that we can discuss our approach to the matter.' Yours truly, Thomas W. Tinkham TWT:ph Enclosure pp- .. ........................__ UNITED STATES DISTINCT COURT DISTRICT OF MINNESOTA FOURTH DIVISION Joyce E. Hoffa, Eric L. Smith, Thomas M. Scanlan, Mary A. Hartle, James A. Lukasavitz, and Virginia Lukasavitz, on behalf of themselves and of all other persons similarly situated, Plaintiffs, vs. Warren C. Hyde, individually and as manager of,the Village of Edina, Arthur C. Bredesen, Jr., individually and as Mayor of the Village of Edina, Wayne Bennett, individually and as Chief of Police for the Village of Edina, and Walter Gustafson, individually and as prosecuting attorney for the Village of Edina, Defendants. Civil Action File No. 4-72 Civil 369 JOINT AND SEPARATE ANSVER Come now the defendants herein and move and allege as folloTas: MOTIONS 1. Defendants move to dismiss this action on the ground that the Court lacks jurisdiction over the subject matter because there is not diversity of citizenship between parties plaintiff and defendant. 2. Defendants move to dismiss this action on the ground that the Court lacks jurisdiction over the subject matter because there is not justiciable controversy between plaintiffs and defendants. 3. Defendants, Warren C. Hyde, Arthur C. Bredesen, Jr. and Wayne Bennett, move to dismiss this action as to them on the ground that the Court lacks personal jurisdiction because these defendants have not been properly served with process in this action. 4. Defendants move to dismiss this action for failure to state a claim on which relief may be granted because it is not alleged that any defendant, herein, in fact acted under color of law to deprive plaintiffs of a protected right. 5. Defendants move and request this Court to abstain from further proceedings in this matter during the pendency of state court criminal proceeding -1- under the ordinance attacked in this action. 6. Defendants move to strike paragraphs 12, 13 and 14 of the Complaint on the ground that the allegations made therein are imanaterial to plaintiffs' alleged cause of action. ANSWER 7. Defendants admit the allegations contained in paragraphs 3, 4, 5, 6, 7 and 8; deny the allegations contained in paragraphs 1, 2, 10, 11, 20, 21 and 21.1; and are without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraphs 12, 13, 14, 16 and 17 of the Complaint. 8. As to the allegations,cpntained in paragraph 9 of the Complaint, defendants deny- that this -is a proper class action but are without knowledge.o_r information sufficient to form a belief as to the truth of the other allegations of paragraph 9. 9. Admit the allegations of paragraph 15 of the Complaint except are without knowledge or information sufficient to form a belief as to the truth of the allegation that plaintiffs picketed on June 19, 1972. 10. Admit all the allegations contained in paragraph 18 of the Complaint but deny that, the Edina Village Council was acting under emergency pro- cedure in enacting Ordinance No. 1061. 11. As to the allegations of paragraph 19, deny that there is not a method for plaintiffs to communicate their grievances other than picketing homes in the Village of Edina, but as to the other allegations contained in paragraph 19, defendants are without knowledge or information sufficient to form a belief as to their truth. 12. On information and belief, defendants allege that the National Federation of the Blind of Minnesota, Inc. (Federation) is a statewide organization with members in many portions of the State. Many members of the Organization, because of geographical distance, have no direct interest in the anticipated picketing. Moreover, the membership of the Federation is divided into groups in favor of picketing residences and those opposing such picketing. The interests of -2- plaintiffs in this action are not the same as other members of the class, and they cannot fairly and adequately represent the class. 13. On June 5, 1972 plaintiffs and several other persons picketed ho-mes in the Village of Edina. No more than ten to fifteen persons from the Federation have actually picketed homes or actively manifested an intention to do so. The persons actually interested in this action are not so numerous as to make joinder impracticable. 14. By their Complaint, plaintiffs request the Court to determine the constitutionality of a local ordinance. In this context the certification of this action as a class action will have no bearing on this Court's decision or the effect of a final decision on the constitutionality of this ordinance. Certification as a class will only require contact with members of the class; needlessly -complicating this action. 15. On or about June 19, 1972 the Council of the Village of Edina passed Ordinance No. 1061. The Ordinance prohibits picketing in front of a residence in the Village unless the residence is a person's place of employment, and he is engaged in a labor dispute. The Ordinance was passed to protect and insure to each resident of Edina, while in his own home, the right of privacy. 16. On July'7, 1972, a group of approximately ten persons, none of them plaintiffs herein, picketed a residence at #8 Bridge Lane in the Village of Edina; the home of the Honorable Phillip Neville. One member of the group, John William Filter, was arrested for violating Ordinance No. 1061. The criminal prosecuuion of Mr. Filter is now pending in a court of the State of Minnesota. The constitutional issues raised by plaintiffs in this suit may also be raised by John Filter in the criminal prosecution. 17. Several Board members of the Minneapolis Society of the Blind, Inc. (Society), live in the Village of Edina. In the past, plaintiffs have picketed homes of these Board members. The Society maintains a large office in the City of Minneapolis from which it conducts its business. In the past, plaintiffs have picketed the Society's business office by walking back and forth on the sidewalk in front of the office during Board meetings and at -3- other times. Plaintiffs have ampleopportunity to make their views public by picketing at the site of the Society's business headquarters. WHEREFORE, defendants demand judgment against plaintiffs, dismissing their claim for relief herein and awarding defendants their costs and disburse- ments incurred herein. Dated: DORSEY, ILA-RQUART, WLNDHORST, WEST & HALLADAY By Thomas Tinkham 2400 First National Bank Building Minneapolis, Minnesota 55402 Telephone: (612) 333-215 1 Attorneys for Defendants -4- DORSEY, MARQUART, WINDHORST, WEST & HALLADAY D ONALD WEST WALDO F MARQUART THOMAS S. ERICKSON WILLIAM C. BABCOCK 2400 FIRST NATIONAL BANK BUILDING JAMES T HALVERSON CHARLES J. HAUENSTEIN ROBERT A. HEIBERG EMERY W_ BARTLE JOHN W.WINDHORST MICHAEL E. BRESS CHARLES A. GEER MICHAEL J. RADMER HENRY HALLADAY PAUL G- ZERBY M I N N E A P O L I S, M I N N E S O TA 55402 JOHN C. ZWAKMAN CURTIS L. STINE JULE M_HANNAFORD RAYMOND A.REISTER JOHN R.WICKS MICHAEL.TRUCANO ART H UP B.WHITNEY JOHN J. TAYLOR EUGENE L.JOHNSON WILLIAM J_ KEPPEL RUSSELL W. LINDOUIST BERNARD G. HEINZEN 1612 ) 3 3 3 — 2151 JOHN W. WINDHORST, JR_ JAMES A. FLADER DAVID R. BRINK WILLIAM J- HEMPEL MICHAEL PRICHARD WILLIAM A.JOH NSTONE HORACE HITCH JOHN S. HIBBS CABLE: DOROW WILLIAM R.SOTH WILLIAM E. BOWEN VIRGIL H. HILL ROBERT O.FLOTTEN THOMAS R_MANTHEY WILLIAM P_LUTHER RO BERT V TARBOX JOHN D. LEVINE RICHARD G. SWANSON DOUGLAS O. MCFARLAND DEFOREST SPENCER ROBERT J. STRUYK DAVID A.RANHEIM DAVID LBOEHNEN ROBERT J. JOHNSON MICHAEL A_OLSON 1468 W—FIRST NATIONAL BANK BUILDING ROBERT J. SILVERMAN ROBERT M_HALVORSON M.B. HASSELO JUST LARRY W. JOHNSON ST. PAUL,MINNESOTA 55101 JAMES M_KLEBBA CRAIG LWILLIAMS PETER DORSEY THOMAS S. HAY (612 ) 227— 8017 WILLIAM R. HIBBS VINCENT S_WALKOWIAK GE ORGE P. FLANNERY G. LARRY GRIFFITH JOHN D_KIRBY CURTIS LROY CRAIG A. BECK PHILIP F. BOELTER ARTH UR E.WEISBERG DAVID LMcCUSKEY WILLIAM B_PAYNE AUSTIN G.ANDERSON DUANE E.JOSEPH THOMAS 0_MOE JONATHAN VILLAGE CENTER BRUCE W. BURTON ADM. PARTNER FREDERICK E. LANGE JAMES H.OHAGAN CHASKA, MINNESOTA 55318 JAN D.STUURMANS JAMES B.VESSEY MICHAEL W. WRIGHT (612) 448-4012 R.A.SCHWARTZBAUER WILLIAM A.WHITLOCK LARRY L. VICKREY DAVID N.FRONEK OF COUNSEL E J. SCHWARTZBAUER LOREN R.KNOTT THOMAS W.TINKHAM DAVID E. BRONSON THOMA5 M_BROWN PHILLIP H. MARTIN JON F. TUTTLE LEAVITT R.BARKER CORNELIUS D. MAHONEY REESE C. JOHNSON EARL LDEVINE GEORGE E. ANDERSON July 24, 1972 Warren C. Hyde, Manager Village of Edina 4801 West 50th Street Minneapolis, Minnesota Re: Hoffa v. Hyde Dear Mr. Hyde: Enclosed is a draft Answer that I have prepared in response to the Complaint in the above captioned case. Would you please review the Answer and give me your comments. Our Answer is due on or before July 31, 1972. The plaintiffs' attorney has rescheduled the hearing on the Temporary Restraining Order requested to 9:00 a.m., August 3, 1972. I have not received any pleadings or other materials dealing with this hearing from the plaintiffs' attorney, but when I receive them, I will forward them to you. I will be in contact with you prior to the August 3 hearing so that we can discuss our approach to the matter. Yours truly, homas W. Tinkham TWT:ph Enclosure UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA FOURTH DIVISION Joyce E. Hoffa, Eric L. Smith, Thomas M. Scanlan, Mary A. Hartle, James A. Lukasavitz, and Virginia Lukasavitz, on behalf of themselves and of all other persons similarly situated, Plaintiffs, vs. Warren C. Hyde, individually and as manager of,,the Village of Edina, Arthur C. Bredesen, Jr., individually and as Mayor of the Village of Edina, Wayne Bennett, individually and as Chief of Police for the Village of Edina, and Walter Gustafson, individually and as prosecuting attorney for the Village of Edina, Defendants. Civil Action File No. 4-72 Civil 369 JOINT AND SEPARATE ANSWER Come now the defendants herein and move and allege as follows: MOTIONS 1. Defendants move to dismiss this action on the ground that the Court lacks jurisdiction over the subject matter because there is not diversity of citizenship between parties plaintiff and defendant. 2. Defendants move to dismiss this action on the ground that the Court lacks jurisdiction over the subject matter because there is not justiciable controversy between plaintiffs and defendants. 3. Defendants, Warren C. Hyde, Arthur C. Bredesen, Jr. and Wayne Bennett, move to dismiss this action as to them on the ground that the Court lacks personal jurisdiction because these defendants have not been properly served with process in this action. 4. Defendants move to dismiss this action for failure to state a claim on which relief may be granted because it is not alleged that any defendant, herein, in fact acted under color of law to deprive plaintiffs of a protected right. 5. Defendants move and request this Court to abstain from further proceedings in this matter during the pendency of state court criminal proceedir under the ordinance attacked in this action. 6. Defendants move to strike paragraphs 12, 13 and 14 of the Complaint on the ground that the allegations made therein are immaterial to plaintiffs' alleged cause of action. ANSWER 7. Defendants admit the allegations contained in paragraphs 3, 4, 5, 6, 7 and 8; deny the allegations contained in paragraphs 1, 2, 10, 11, 20, 21 and 21.1; and are without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraphs 12, 13, 14, 16 and 17 of the Complaint. 8. As to the allegations contained in paragraph 9 of the Complaint, defendants deny that this is a proper class action but are without knowledge or information sufficient to form a belief as to the truth of the other allegations of paragraph 9. 9. Admit the allegations of paragraph 15 of the Complaint except are without knowledge or information sufficient to form a belief as to the truth of the,allegation that plaintiffs picketed on June 19, 1972. 10. Admit all the allegations contained in paragraph 18 of the Complaint but deny that the Edina Village Council was acting under emergency pro- cedure in enacting Ordinance No. 1061. 11. As to the allegations of paragraph 19, deny that there is not a method for plaintiffs to communicate their grievances other than picketing homes in the Village of Edina, but as to the other allegations contained in paragraph 19, defendants are without knowledge or information sufficient to form a belief as to their truth. 12. On information and belief, defendants allege that the National Federation of the Blind of Minnesota, Inc. (Federation) is a statewide organization with members in many portions of the State. Many members of the Organization, because of geographical distance, have no direct interest in the anticipated picketing. Moreover, the membership of the Federation is divided into groups in favor of picketing residences and those opposing such picketing. The interests of -2- plaintiffs in this action are not the same as other members of the class, and they cannot fairly and adequately represent the class. 13. On June 5, 1972 plaintiffs and several other persons picketed homes in the Village of Edina. No more than ten to fifteen persons from the Federation have actually picketed homes or actively manifested an intention to do so. The persons actually interested in this action are not so numerous as to make joinder impracticable. 14. By their Complaint, plaintiffs request the Court to determine the constitutionality of a local ordinance. In this context the certification of this action as a class action will have no bearing on this Court's decision or the effect of a final decision on the constitutionality of this ordinance. Certification as a class will only require contact with members of the class; needlessly complicating this action. 15. On or about June 19, 1972 the Council of the Village of Edina passed Ordinance No. 1061. The Ordinance prohibits picketing in front of a residence in the Village unless the residence is a person's place of employment, and he is engaged in a labor dispute. The Ordinance was passed to protect and insure to each resident of Edina, while in his own home, the right of privacy. 16. On July 7, 1972, a group of approximately ten persons, none of them plaintiffs herein, picketed a residence at #8 Bridge Lane in the Village of Edina; the home of the Honorable Phillip Neville. One member of the group, John William Filter, was arrested for violating Ordinance No. 1061. The criminal prosectuion of Mr. Filter is now pending in a court of the State of Minnesota. The constitutional issues raised by plaintiffs in this suit may also be raised by John Filter in the criminal prosecution. 17. Several Board members of the Minneapolis Society of the Blind, Inc. (Society) live in the Village of Edina. In the past, plaintiffs have picketed homes of these Board members. The Society maintains a large office in the City of Minneapolis from which it conducts its business. In the past, plaintiffs have picketed the Society's business office by walking back and forth on the sidewalk in front of the office during Board meetings and at -3- other times. Plaintiffs have ample opportunity to make their views public by picketing at the site of the Society's business headquarters. WHEREFORE, defendants demand judgment against plaintiffs, dismissing their claim for relief herein and awarding defendants their costs and disburse- ments incurred herein. Dated: DORSEY, MARQUART, WINDHORST, WEST & HALLADAY By Thomas Tinkham 2400 First National Bank Building Minneapolis, Minnesota 55402 Telephone: (612) 333-2151 Attorneys for Defendants -4- 6, CY,11�11.n,174? of QS 4801 WEST FIFTIETH STREET • EDINA. MINNESOTA 55424 927-8a87 July 12, 1972 Chief Bennett: - I have talked to all the officers working on June 19, 1972 and find no one who had been called to or observed during patrol any activity such as occurred on June 5, 1972.. Two of the officers think they remember hearing something read or discussed at Roll -Call about the possibility of pickets coming out but do not remember seeing them. Officer Hembre_.was the senior officer on the shift, working for Craig Swanson and certainly would have been involved if anyone showed up on this date. Officers talked to and who worked that day (June 19, 1972) Hembre Schwartz (Officer submitting report on such activity for June 5) Doyle Poole Scott Bert Merfeld, Captain DATE: 7-11-72 TO: Capt. Bert Iierfeld FR07,4: Officer Sylvester A. Schwartz SUB ECT: Picketing Incident which occurred 6-5-72 at 5708 Hawkes Terrace; Approximate Addresses: 5832 Grove and 6008 Code Ave. SJ�2�0RY: Prior to the week of 6-5-72 this Officer was given notice that picketers might appear at the homes of the board members of the Minneapolis Society for the blind. This information was received from Michael J. Bolen, 5207 Doncaster Way. On 6-5-72 at approximately 1800 hours I was called to 4801 West 50th by Sgt. William Walsh and informed that pickets would be present at the homes of four board members. I was given the four addresses, 5708 Hawkes Terrace being the only address I am able to verify at this time. The address on Grove was either 5832 Grove,the Roger W. Buckholz residence or 5836 Grove, the Clinton A. Schlesky residence. I believe 6000 Code Avenue to be a Christensen residence. The fourth address I was not present at and am un- able to ascertain. I was instructed to observe the group, I believe Sgt. Walsh informed me that the parties were leaving the fourth address which I have been unable to ascertain. I believe the Sergeant also informed me that he had been given the addresses to be picketed over the phone by the group to do the picketing, prior to the actual event. I was told to observe in order to insure smooth flow of traffic and further because one of the parties to be picketed was known by this department to have a quick temper. I found the picketers at the Grove Street address. There were approximately 18 persons walking in front of the house along., the curbline in the street. The parties carried signs with the basic message that the blind lacked proper representation on the Board of the Minneapolis Society for the Blind, because in fact, no member was a blind person. Leaflets were being handed out by a female member of the party,to area residents. The group walked in couples, a seriously blind person being accompanied by a sighted or partially sighted person. A member would signal when a car would appear on the block and mem- bers would stop crossing the street. The parties were walking in a square along the property line of the house in a question across the street and back the same distance again to cross to the front of the board member's house. At one point during the picketing on Grove a large black dog came from between some houses to the west of the group and approached the blind people. I exited my vehicle parked in front of 5816 Grove and walked along the south side of the street toward the dog. The dog returned to his own yard. I was approach- ed by the female in th_- group who was handing out leaflets and was given a copy of this paper. I returned to my vehicle at tiiis time without having any conversation with the parties. Some children began riding their bicycles through the group and these children were not watching out for cars as the well organized picketers were, and the children were causing a traffic tie up. I again exited my vehicle in order to ask the children to leave the street. After approximately 20 minutes the picketers walked west from the board members home to the intersection of Merold Drive and Grove Street ;where they had two vehicles -Pape One- PW 7followed ed. One was a van -type and the other was a passenger car. The two vehicles e to 5708 Hawkes Terrace and parked just east of this address. The picketers the same plan as at the Gro a address, walking in front of the home, across the street and back along the other side of the street and then crossing again. Handbills were again distributed. The group remained only 10 or 15 minutes at this location. The group again boarded their vehicles and this time drove from Hawes Terrace and out of the. area. I pr oceeded to 6000 Code Avenue Hawkes where I was told by a party that the group had been at this location approxi- mately 45 minutes before. At no time did the picketers enter onto or over private property. At no time did the picketers litter or was any litter observed by this Officer at any of the locations after the picketing took place. SYLVEST R A. SCHWARTZ, PiX01104 Uniformed Services Divis n Edina Police Dept. PP PWIMAONS IN A CIYIL.. ACTION CIV, a (2.64) (eormerly D.C. Form NOA5A Rey. ("9)) jr®JR THE DISTRICT OF MIN1tilESCTA e « JL�TZ3 DIVISION Joyce E. 'HOffa, Eric L. Smith, . Thomas M. Scanlan., Mary A. %Iartle, James A. Lukasavitz, and Virginias LUkasavitz, on behalf of themselves and of all other persons similarly situated Plaintiffs V. Warren C. Hyde, individually and as manager of the Village of Edina, Arthur C. Bredesen, Jr., individually and,as Mayor of the Village of Edina, Wayne Bennett, individually and as Chief of Police for the Village of Edina, and. Walter Gustafson, individually and as prosecuting attorney for the Village of Edina, Defendant s, o the above named Defendant iYou are hereby summoned and required to serve upon p Craig R. Anderson plaintiff's attorney , whose address is 24 Flour Excha nge tinge Building, Minneapolis,, Minnesota 551+15., 1 an answer to the complaint which is herewith served upon you, within 20 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relied demanded in the complaint. ----____---HARRY A. SIEBEN Clerk of Court. By Eleanor Mollner ------ --- Deputy Cler- Date: July 11, 1972 [Seal of Court]. : O TE:—This summons is issued pursuant to Rule 4 of the Federal Rules of Civil Procedure, ,-,.. ,.,.- 1. .:mm UNITED STATES DISTRICT' COURT, DISTRICT OF MINNESOTA FOURTH DIVISION Joyce E. Hoffa, Eric L. Smith, Thomas 1,1. Scanlan, Mary A. Hartle, James A. Lukasavitz, and Virginia Lukasavitz, on behalf of themselves and of all other persons similarly situated, Plaintiffs, V s e Warren C. Hyde, individually and as manager of the Village of Edina, Arthur C. Bredesen, Jr., individually and as Mayor of the Village of Edina, Wayne Bennett, individually and as Chief of Police for the Village of Edina, and Walter Gustafson, indiv- idually and as prosecuting attorney for the Village of Edina, Defendants. - INTRODUCTION 4 -x7 Jr COMPLAINT No. 4-72 Civ 1. In this action under 42 U. S. C. Section 1983, the Plaintiffs, on behalf of themselves and all other persons simil- arly situated, seek declaratory and injunctive relief against the enforcement of Ordinance No. 1061 of the Village of Edina, Minnesota, (hereinafter referred to as Ordinance No. 1061)9 on the grounds that this ordinance is unconstitutional on its face and as applied to them under the First and Fourteenth Amendments to the United States Constitution. 2. Jurisdiction over the subject matter of this action is conferred on this Court by 28 U. S. C. Sections 1343(3) and (4), 2201, and 2202. 3. Each of the plaintiffs is a citizen of the United States, and a' resident of the State of Minnesota. 4. The Village of Edina is a municipal corporation located in Hennepin County, Minnesota. 5. Defendant Hyde is the Manager of the Village of Edina. His official duties are those customarily associated with his office under the managerial form of municipal government. n _ MW_ � t � ;ru �.. :�,^5• 4 ti S Y ! m'�Aa+Y''M' ' :�T.>`�'}'��." � i .� . �,w...__.. s: '. '�ii-'.';A�.✓Y� •: # .:. �.: 3 ! _ �.,n x n - es� -res a. z 2 6. Defendant Bredese.n is the Mayor of the Village of Edina. His official duties are those customarily associated with his office under the managerial form of municipal government. 7. Defendant Bennett is the Chief of Police for the. Village of Edina. His official duties include overall responsi- bility for the enforcement of Edina Vill-age ordinances. 8.- Defendant Gustafson is the prosecuting attorney for the Village of Fdina. His official duties include the prosecution .of all persons accused of misdemeanor violations of Edina f Village ordinances. CLASS ACTION 1). The Plaintiffs bring this action on behalf of themselves and of a class c-nsisting of all members of the National Federation of the Blind of Minnesota, Inc. The latter organization i6 a non- pr:,)fit membership association incorporated under Minnesota Statutes, c. 317. Each Plaintiff'is a member of this organization. 10. The class described in the preceding paragraph is so numerous that joinder of all its members as Plaintiffs in this action would be impracticable. This action presents questions of law and fact common to that class. The claims the Plaintiffs assert in this action are typical of those of their class... In this action the Plaintiffs will fairly and adequately protect the interests of their class. 11. In enacting and enforcing Ordinance No. 1061, each of the ]defendants has acted in a manner generally applicable to the class the Plaintiffs represent,_ thereby making .final injunctive and declaratory relief in this action appropriate with respect to this class as a whole. _ 0 FACTUAL BACKGROUND 12. For approximately the past eighteen months, the Plaintiffs and the members of the class they represent have been engaged in a dispute with the officers and directors of the Minn- eapolis Society for the Blind, Inc., a non-profit Minnesota mem- bership corporation (hereinafter referred to as the Society). The Society has exclusive legal responsibility for the adminis- tration, through governmental and private funds, of certain vo- cational rehabilitation, work, training, and service programs for blind persons residing throug^out the State of Minnesota. 13. The Plaintiffs and the members of their class have long believed that in many respects the Society's programs are grossly deficient in terms of the needs of its clientele, and that a fundamental improvement in the quality of these programs is imperative to the welfare of the blind of this State. Some of the Plaintiffs and members of their class have recently attempted to become members of the Society for the purpose of advocatiu- within that corporation certain proposals which they believe would, if adopted, assist in achievement of the program improvements they desire. 14. On or about April 19, 1972, the Society's Board of Directors adopted a by-law change limiting the membership of the Society to those persons serving on its Board of Directors. In response to this action, the Plaintiffs and some of the members of their class determined to picket and distribute handbills before the principal offices of the Society and before the homes of various of the Society's .officers, directors, and agents. 15. In accordance with this determination, each of the Plaintiffs, various members of their class, and certain other persons sympathetic with their cause, engaged in picketing and A .; _ _... ..-,-.... .._.. .. ,. .... ... ....ern rs. �-�•w ._. �-.. .:a�++a r .. ....--A+w. ,...,,..,....,...�,.�, T °i-••�•y f`^nu7•"mr.�` "�,�°&* t „.. .,, .§�sA`'"^�, , ,�'"'d9�i;.. Js:4.n�, . �: 'i. er;t,;.:�a`�," 3^�a.7 4 handbilling during the evening of June 5, 1972, on public pro- perty before and near the homes of various officers, agents, and directors of the Society located in Edina,. Minnesota. During the early evening of June 19, 1972, a similar group (not including Plaintiff Scanlan) engaged in similar picketing and handbilling in the same municipality. 16. On each date on which the picketing and handbilling referred to in the .previous paragraph occurred, representatives of the group about to engage in these activities gave advance no- tice of their inrEntions to the Edina Police Department. The group which carried out the subsequent picketing and handbilling was at all times accompanied by Edina police officers. 17:. The picketing and handbilling referred -to in Paragraph 15 above was carried out by groups of from twelve to fifteen o persons. The pickets carried signs protesting what they be- lieved to be the insensitivity of the officers and directors of the Society to the needs of its clients and the arbitrariness of the by-law change referred to in Paragraph 14 of this Complaint. They passed out handbills conveying a similar message to any passer-by willing to receive them. The picketing was in all respects peaceful. None of the pickets knowingly trespassed upon adjoining private property or littered'any 18. On. June 19, 1972, as a direct response to the picketing and handbilling referred to in. Paragraphs 15 through 17 of this Complaint, the Edina Village Council, operating under emergency procedures, enacted Ordinance No. 1061. A copy of this ordin- ance has been attached to this Complaint as an exhibit. Insofar as here relevant, the ordinance punishes as a misdemeanor any picketing or handbilling before or about any dwelling in the Village except in connection with a labor disputewhere the dwelling being picketed or leafleted is the place of employment �i x; 73W w1��Wt 5 of a person involved in that labor dispute. 19. There is no method for the Plaintiffs and the members of their class to communicate their grievances concerning the Society to the public and to the Society's officers and directors which is a reasonably adequate alternative t'o the picketing and handbilling in which they have engaged. The Plaintiffs and the members.of their class intend to continue such picketing and handbilling both in Edina and in other municipalities where additional ;}ificers and directors of the Society reside. However, Plaintiffs are informed and believe that unless enforcement of Or- dinance No. V 61 is enjoined by this court, the g,)verning bodies of such municipalities will be requested t) enact similar measures within their jurisdictions. CLAIMS FOR RELIEF 20. On its face and as applied in this case, Ordinance No. 1061, insofar as it prohibits picketing or handbilling before or about any dwelling, abridges the rights of the Plaintiffs and the members of their class to freedom of speech, freedom of the press, freedom to peaceably assemble, and freedom to peti- tion the Government for the redress of their grievances. 21. In enforcing this ordinance so as to prohibit picketing or handbillin:; before or about any dwelling, the Defendants, acting under color of State Lav, have subjected the Plaintiffs and the members of the class they represent to deprivation of rights secured to them by the First and Fourteenth Amendments to the '.;nited States Constitution. PRAYER FlRELIEF VTHFR-',FU- Ta. Plaintiffs pray the Court for orders (1) Permitting this action t proceed as a class action in .• .,.. .. .. u.� w: 6 accordance with.Rules 23(a) and 23(b)(2) of the Federal Rules of Civil Procedure. (2) Rendering a declaratory judgment that, insofar as it prohibits picketing or handbilling before or about any dwelling, Ordinance No. 1061, on its face and as applied in this case, violates the First and Fourteenth Imendments to the United States Constitution. (3) Temporarily and permanently enjoining each of the Defendants, his successors in office, agents, and employees, fr = enforcing Ordinance No. 1061, insofar as it prohibits picket- ing or handbilling before or abut a dwelling, against any of the Plaintiffs or any member of the class they represent. (4) Awarding the Plaintiffs their reasonable costs and disbursements in this action.- (5) Granting t) the Plaintiffs such further or alternative relief as the Court may deem just. Craig R. Anders')n Attorney for Plaintiffs 924 Flour Exchange Building Ninneapolis, rut 55415 333 2555 Of Counsel: Minnesota Civil Liberties Union, Inc., by R. Michael Wetherbee, Legal counsel Minneapolis, MN fir*, f •r E=IBIT GI\; tea' c , �., i I. ;� . S8 t t::Z C tiirF �`:.r a au1L to er;oitheir .. ,zc�,�.. t t a�L pr_z-2c-.; th—ut p1ckst.rg r__. -..._ CA:_; -4. k4 disLur! -"ice &nd distrc3z to. tile -sccup • � y id.a, LiC 2�. T1t nr- +. • c 1 and interfere wi r.h the - "�rC ew O¢ ii�i]+ .jtic-, c1i4b r'rC is i•_ piclketiag :y result #- abstructic., i 4--j e `')Ie 1 ir�..ztt a Cecess=..y d - Public 3e v ces and T .C?i es,..\, tz `, 4a , r -re.�orc:; it i.s the this -ir dii!aam, .- Jr..ort113r to S3fc:t' c)' o + L7O nke of tl:e cl.tL.ens of the. vv _agc t _ , J r`LI '..I.La� �•✓ jj� f r4?22Ibit -re r: ^•c^..'tce. Of-picket.:iug in 2• ' icke#`A7, iia in:.-d. -For � ir+,razes keting t:ili9 �')itiz_?'_:21C, wi t:-- 3i1.?. 1. "ean the st r in47 ma ching or. pgL ? t ro - •i r �•I n of T r)rc., '•rc -rcilt: Of, Cr i-a.. OIi or about'10•3:i Ui� �:?}► .rJ + .e.... f 1 - > -� r• . t jl^up3 ZC� Oi +i�iil�.{:i.�Jilfry"� K:l :i buil.di-., the ofcie r r�t3 iTr!G+ ? U'i t Y idL.. iy +displayed, I_..11 1 7•�tl. ••. �:) 4t's . carricd rr any pl. ear.- ... or Cz.l' . UL Ozt ; ." a f_U :_E_ne G'dt. rj'� Out p:: di ss�riautca, Haas .;, . i .'.., o *-o ,arsuade Lr protest. _ e•:_ See. 3. ._�rrcli.ibited in frOn L- of, or in, -..-I n1 ci .�,In .C! .iI8 p CZ !Slid O1' C}:: 1 3 t sha i t bthis vL _+.z_ a�Ci' if c?an,i 2I1 .?-1- �Ju L're de-e_ ± :*r. ^ b .ix� p �.:.: t c. a _. t it r. ,r t person �s3:?.t�:d 3.. -he labor 2iSi: cLn... S''4. PiCIU3t iTLQ Oi +�,nr•qr-.;* "3- _. u7C� 1i3C1!�!LiCiJTI ;ems. ; �i INO �12i; JZl l7 per-,! ns tat f., �1\ : L.•Ili O:i C i any � about alibrary, 3-, r .,chcc z , ho a t � ir. such• \ iil�'_..:a?x' FIS (:U tcrrzrpte ingreGS Fiaa Ct,�. ae .L.r 5. !J'77 2 r' .- more t£dr_::: ; 30 Cti;eta si t �.; ;t t,Lc.� r _r r\` tiR lL ffa• Y Y k .. •h„,�•. eatRo 4'.YTRE 'L r 9 ;*,i _ ^• "d 9r,c t e� .. ' Conviction for 3icketinor i�rr�e to be apt y_-,a,_-t2.s The case of John.W- Fil- ter convicted: Sept..12' of. violating`Edina's anti-resi- dentiaL.p i c k-e tin g Qrdi� . nanee,. will be appealed to the �: Minnesota _ Supreme Court: the Minnesota Civil Liberties Union (MCLU) said today. Filter was one of sever_,, al pacif ists who stood holding candles in front of the home of U.S. District' Judge Philip Neville June 6. They': were- protesting a three-year sentence im posed by Neville on David Gutknecht, anti war activ-- ist who had refused alter- native. service as a.. con- scientious objector. The other protesters left at the request of police. .The MCLU contends the Edina ordinance violates guarantee of freedomof expression. The village says the or- dinance is intended to' _ guarantee privacy, a right the ` U. S. Supreme Court has said is also protected by the Bill of Rights- A civil suit challenging the ordinance is, in U. 5. District Court. it also MCLU was brought by P_ MINNETUNKA-EDEN PRAIRIE SUN murs•, juiy LV, IY/L ttt11IIIIlllflll111l1IIIIlIIti11t1i11111t11i119111111Il11 I I11111Bi1111lIIIUliiti Jt ic,�� embarassment and emotional stress _ to a homeowner, which could be much Pr�vciey worse. r> The home is perhaps thei only sanctuary left today where a person —., Not.. surprising ly.:Zdina's anti-, can -reasonably expect to avoid the picketing: ordinance. has. -wound up in messages and claims of others. A court. ItdoaIs with the`age Ald-ques- man home should still be his castle. tion of freedom of expression_ .. He should not have it bothered by a fence of pickets. — And.nQt surpnsinglu the 1rIinneso-' _ _ to Civii ',iberties Uniort"NCLU thas taken up the case on twafronts- 4" It has filed suit irr VS. District court on -behalf of a group of blind persons who have picketed some Edi- na homes: The MCLU also has offered its assis6nce to a Minneapolis man arrested under the ordinance. while participating in a "silent vigil" near the Edina home of a Federal district MCLU protests Edina ban on pickeii,99 Mors judge_ 7- The Minnesota Civil Liberties Union (MCLU) has filed The MCLU maintains that the or- suit in federal district court in Minneapolis against Edi- The suit asks that Edina ordinance 1061,which pro - =_ dinance strikes at the heart of the na. hibits picketing in front ofhomes,bedeclared unconsti- First Amendment rights of free g free free tutional. The suit alle es that the ordinance was passed to by members of the speech, press, assembly and June 19 as a respons picketing the right to petition for the redress of National Federation of the Blind of Minnesota, Inc., in grievances front of,Edina homes on June 5 and June 19. rl The M`CLU argues that picketing should be allowed on public sidewalks in front of residences except when harm to the public will result. And, it says, in both instances the pickets were expressing their views quietly and peacefully. While the freedom of expression is 1 a sacred one and must be protected, there are some important arguments _= for keeping the ordinance in effect. It is difficult to believe that the pickets aren't more interested in har- assment than expression when they pick a quiet residential street to deliv- er their message, rather than a busy public building. And while the pickets may not actually cause physical harm, their mere presence undoubtedly causes ••••••••••+„••,,,,,nnwnpuuu111N1111111111lItIillHlll1111tII111111111111UNIlil1+ pppp AIL t., ke nt'i* Ic x rT, est St. and York Ave. to Neville's home last" By BACK NIEUSEY, Thursdaynight. The Minnesota Civil Liberties Union AFTER THE group had been assem- has filed a suit in federal district court in bled about five minutes, Edina police 4 Minneapolis againstZdina's new: anti- Capt.; Bert: Merfeld read aloud- the ordi- picket ngordinance:'Tbesuitasksthat the nancewhich=specifically prohibits the ordinance be declared unconstitutional. picketing of private homes. The. suit follows' a demonstration last Merfeld told the group to disperse. He week at the Edina home of Federal Judge repeated the request. After a short con Phillip -Neville,` 8 Bridge Lane, whicli re- ference all left except John William Fil suited in the arrest of a Minneapolis ter man , , 25, Minneapolis,Filter was charged with violating the The demonstrators carried candlesordinance which went into effect Jiune'22. and a placard to protest Neville's recent He faces a maximum penalty of a _$300 sentencing_ of . a draft resister to -_three fine or 9Q days in jail or both. He is sched- years in prison_ Wed to appear in municipal court in St. Edina police said that about 10 mem- PICKETS bers from the-- Society ;of Friends To Page 10" (Quakers i marched from a church at 44th g - A •nfi�tc f2. From. Page 1 Louis Park July f torney who bad been invited to the meet - The arrest fol wed a series of behind- ing by the group. the -scenes meetings between Edina vil Graham said the group generally felt lage officials and the demonstrators. the ordinance was unconstitutional "on its EDINA PUBLIC Safety. Director face" and inapplicable to them, especially Wayne Bennett. yet with a representative if they didn't interfere with persons at the of the group July{ 5 following a report he residence_ had received that some adults would The group had planned tc� arrive at demonstrate in) dina the next day. Ben- Neville's home about 8:30 p.m.; police nett said he info med the representative said, but got lost and didn't arrive until of the anti-picketi�g ordinance. about 10:30 p.m. — after asking directions The man invited Bennett and Village from the police. i Attorney Tom E{ic�tson to a meeting at . The Edina Village Council, passed the the church the following evening. Bennett ordinance last month. It was prompted by and Erickson discussed the impending persons who were picketing the resi- demonstration aiid possible alternatives dences of Edinans on the board of direc- with thegroup. Bennett said he told them tors of the Minneapolis Society for the Edina intended to�enforce the ordinance. Blind. AFTER THE pair left, the Quakers The ordinance was pattern after one discussed the situation among them- that was upheld by the Wi consin Su - selves, accordin to John Graham, an at- preme Court, village officials said. DISTRICT COURT SUIT Edih'- a"7picb": � �a .� . —l Iz 7z. Cha b blind. Edina's navw ordinance. H o f f a; Eric L. Smith, banning' the grcketrng .of Thomas M..Scanlon; Mary rivate: homey was. chal A Hartle;- James A. Luka- P. savitz and Virginia ' uka- lenged in:, a� su „fled in savitz..' U.S: District Cal it inMin neapolis yesterday by, six I lie d e f e rr d ant s are members 6f, ,the; National = Warren. Hyde, Edina vil- Federation.rof the Blind of lage, manager-,, Arthur C_ B r e d e s e n -Jr., mayor; Minnesota, Inc kn Wayne Bennett, police chief; and Walter Gustaf - The o r d i rra n c e,,was son, village attorney. passed after members of the MinnesotaSociety for the Blind picketed the Edi- na homes of four society directors June 5 and 19 to protest the lack of repre- sentation for blind persons on the society board. v The complaintchal- lenges the constitution- ality of the ordinance, say- ing that it violates the ' r i g h t s of free speech,. peaceable assembly and petitioning for theredress of grievances.:: The lawsuit was brought as a class action on behalf of'all 'members of the federation.;, i l It also asks the court to - enjoin village o f f i c i a l s i temporarily and perma- nently from enforcing the. .ordinance against any members of ` the federa tion. The case is being han- dled by Craig Anderson, a blind attorney volunteer 'for the Minnesota Civil Liberties Union. The plaintiffs are Joyce E. M E M O R A N D U M July 11, 1972 FOR YOUR INFOMITION TO: Mayor and Council FROM: Village Manager SUBJECT: RESIDENTIAL PICKETING ORDINANCE You should be aware of some interesting developments on one of your newest enactments. On Wednesday, July 5, information was received that a test case was going to be made of the Ordinance, which prohibits picketing, etc. of residences, by the Minnesota Civil Liberties Union. Contacts were made with Gary West, Chief Bennett and Thomas S. Erickson by an attorney, John Graham, and George Crocker. The protest location picked is the home of Federal District Judge Phil Neville, 8 Bridge Lane, and the action was to be a combination Ordinance test and "silent vigil" because of the Judge's sentences, on draft dodgers and conscientious objectors being longer than given by others on the Federal bench. Crocker was previously sentenced by Judge Neville and is currently on parole or probation. He came in and met with Bennett, and arrangements were made for Bennett and Erickson to meet with the protest group at the Society of Friends Church, 44th and York, Thursday evening, to discuss the problem. My first inclination was that it was not necessary or advisable for the Village to be represented, but our good men felt they wanted to go. After considerable discussion, the ten protestors,decided to go ahead with the march and one, John Filter, volunteered to be the one arrested, He is.currently awaiting disposition of a case involving himself by Judge Neville, After some difficulty in finding the Judge's home, but being directed by a squad car, the group, at about 10:00 P.M., did hold a "silent vigil" with lighted candles and some placards. After Captain Merfeld read the Ordinance and ordered them to disperse, the group brokeup with the exception of Filter. Filter was arrested and booked. (Bennett had made previous arrangements with the Sheriff, and the County Van was in readi- ness in case the whole group insisted on being arrested.) Filter is now due to make a not guilty plea in County Municipal Court on July 18 and to be tried August 8. At the same time, the protestors are attempting to get a Federal Restraining Order against the Villages enforcing the Ordinance. This may be determined the last week in July. (more) RESIDENTIAL PICKETING ORDINANCE Page two Bennett and Erickson appearing at the rehearsal conference was another excellent piece of work. I am certain it kept the whole deal on a cool basis. (But who would have thought a few years ago -we would enforce by pre -arrangement with the violator?). The lack of publicity received must be disheartening to the pro- testors. I have asked Erickson to handle the legal angles of the prosecution or defense as the case may be, rather than the usual Prosecuting Attorney, inasmuch as the dissidents will probably carry the matter to the Supreme Court. Warren C. Hyde WCH/hd P.S. The National Federation of the Blind of 2linnesota today asked for a declaratory judgnent in U. S. District Court that the ordinance is unconstitutional, Violating lof the enforcementst and hafteofsitl and for temporary and permanent enjoinmentAttorney were served. The Mayor, Manager, Police Chief and Prosecuting y 6opies to Erickson, Bennett Minneapolis Star Photo by'Jack Gillis BLIND PICKET THE EDINA HOME OF MRS. ROGER W. BUCKHOLZ She is director of Minneapolis Society for the Blind Ban considered after blind ickeHohomesEdina ` While several blind per- The proposed ordinance sons picketed four, Edina was drawn on the recom- of "a jRed Barn restaurant in Dinkytown. homes last night, the Edi- na Village Council took mendation of Village Man- i Hyde said the W4s f under consideration an or- ager" Warren C. Hyde to dinance to prohibit re-si- prevent such picketing as si i n Supreme Court has up- � up- 'held laws prohibiting the dential picketing.. happened last night. picketing of private dwell- 1 ings. Village officials said The blind were picket- Hyde told the council the proposed Edina ordi- ing the homes of four May 25 of reports that a nance is patterned after directors of the Minneapo- "dissident group was Wisconsin laws. lis Society for the Blind to threatening to picket protest a recent change in homes of the (society) About 25 people picket - the society's bylaws. board members." ed the Edina homes last night. They claim the so - Action on the ordinance Similar picketing took ciety is trying to bar from was continued for two place in 1970 at the Edina membership people who weeks to clear up- legal home of a Red Barn exec- might agitate for greater technicalities, the village utive during protests representation of b 1 i n d said. against ' the construction people in the organization. eft>20 EDINA MLICE DEFART:"i NT Edina, Minnesota FADIL LC. ItA1 993 155.57 MC DATE 6- i-72 DISPATC.iEr. fl l 1J T SHli'T 1.?�`�-2' 0� SIGNATURE - Li�l� UP31, 1 "ensen L26; Ll2 Chao !Ql; 'i! I � uPh�p ]? 11,1 /i JCh;.r�r{ i 129- - - 'l-. i.5 Sore„- 121• 1416 i itehell 127; ';1�10. Cc t ?,'.lsh D7 -- OUT CLEAR : -TIi°E UNIT LfCATION EVENT TIME TIME 151 ?1;1^ Day, tons Shoplifter 152Z 1530 15-M, � l^- r3ri•:.ink one in i-:i: 9041/ 9045 1519 15�4 ?1�11 20CC%1�5 Richard srnest ltnder.on 76C2 T: 1-2-3-5 ' 66tl� & 100 D AlCC U; L 1� 7 16.I'elodv Late P_otor boat 1610 1620 1615 µ00 6024 Creston d. toy -bite 1615 1630 16)2 8 1415 7ot1 1;i11_side Led`tssist 1,31 1634 162 , �1r11 Daytons Shoplifter 1639 1651 31.12 Penn.. Co. ovary a r ra 1655 1700 1 q z rir in:- one in 9G49/9052 1659 1725 �1:,1?_l�> 76th •s'. -, on Car fire 1725 1735 .1.775 11.E 1: e O" 10 90 1755 1'�26 ?1r16 fi01r e 1C-30 1C20 185 lt'1f; ti1�1 C/ `h lr Irance 'D i VV 1837 1858 .1.``5" ` .a12 62nCi R.- :'r 8.nc i ) r.� i 18 ! 859 19-L i.9zl q :15 lio:;e 10_30 i9?1 2001 1949 3412 480-1 10-30 1949 2019 20,'16 31;13 C.-i Gi Is Shoplifter 200 2111 /047 3412-15-14 4"801 T.S. 2047 2111- ,�11 Srinf-ing one in :i: 9C74/9%C78 LL{ Da-vtons ",! on'% arrest 11 211;2 2159 ?11 i 5�05 ,.. 61.tn St. in?ft-1.i T..7er 12t� 2219 6,104 .;inside 'd. �arl`n`. do- 2224 2228 OT a)J LL Tb 14 H r j 744 7'1 0), Fo ta r4 r3 0 4t r I/z- cf ae S4fi�!- . P 72V %b t4 s Tt's Si 1 i ,*-5 ppppppp DORSEY, MARQUART, WINDHORST, WEST & HALLADAY JAMES T. HALVER SON ROBERT A HEIBERG DONALD WEST THOMAS 5 ERICKSOY 2400 FIRST NATIONAL BANK BUILDING CHARLES J HAUE N STEIN EMERY W. BAR L_ WALDO F M+PTJART WILLIAM C. BABCOCKRADMER CHARLES A.GEER MICHAEL J JOHN W. VIINOHDRST MICHAEL E. PRESS M I N N E A P O L I S, M I N N E S O TA 5 5 4 0 2 JOHN G. zwnK MAN TINE CURTIS L $TINE CU HENRY HALLADAY JULE M. HANNAFGRD PAUL G- ZERBY RAYMOND A.REISTER JOHN R. WiC KS L.JDHN50N MIC HAELTRUCANO WILLIAM ARTHUR B.WHiTHEY JOHN J. TAYLOR W. J9. JOHN W JAMIA A. FLADEEL BUS 5 EI.L W.LIN D DUIST BERNARD G. HEINZEN (612) 333-2151 PRIWINCHARST, MICHAEL PRICHARD MICHAEL WILLIAM A. JOHNS NE DAVID R. BRINK WILLIAM J-HEMPEL CABLE: DOROW R. SO7M WILLIAM E. BOWEN HOR ACE HITCH VIRGIL ".HILL J04N S. HIBBS ROBERT 0. FL07EN THOMAWILLIAM RICHAR R. MANTHEY RAVID RD SON LUTHE WILLIAM P. L MzFA LAND DAVID RODEH? V_ TARBO% JOHN D. LEVINE ANHEI DAVID A. RA N DAVID L. . OEMNEN DCFO REST SPENCER R30ERT.1. STRUYK 146B W—FIRST NATIONAL BANK BUILDING ILIE R M.HkLV ORSON R 09ERT J. JOHNSON MICHAEL A OLSON ST. PAUL,MINNESOTA 55101 JAMROBERT KLEBERMAH JAMESM KLEBdA CRAIG LWILLIANS CRAIGROBEWILLIA M. B. HASS`_LGUIST LARRY W. JOHNSON (612) 227-8017 WILLIAM R.HIBBS VINCENT S.WALKOWIAK PETER ODRS EY G EC RGE P. FLA>INERY THOMAS S. MAY G. LARRY GRIFFITH JOHN D. KIRBY PHILIP F. BOE LTER CURTIS L.POY CRAIG A. BECK — WILLIAM B. ALAS TIN G. N ARTHUR E.WEIS3ERG DAVID L. MCCUSKEY THOMAS O. MOE JONATHAN VILLAGE CENTER URTOAYNE BRUCE W_6URTON .PA TNER ADM. PARTNER DUANE E.JOSEFH FREDERICK FLANGE JAMES H.O'HAGAN CHASKA, MINNESOTA S5318 JAN D STUURMANS JAM E59.VESS EY MICH AEL W. WR�GHi (612) 448-4012 R. A.SCH'WARTZBAUER DAVID N. FP.ONEK OF COUNSEL WILLIAM A. WHITLOCK LARRY L VICKREY TH W TIN KHAM DAVID E. BRONSON E. J. SCHWARTZBAUER LOREN R.KNOTT JON F. T F. ER LEORG THOMAS M. PROUN PHILLIP H. MARTIN DEVIE EARL LDE VINE EAR F-ANDR.BARR GEORGE E. ANDERSON CORNELIUS D.MAHONEY REESE C. JOHNSON June 15, 1972 The Honorable Members of the Village Council Mr. Warren Hyde Village of Edina 4801 West 50th Street Edina, Minnesota 55424 Re: Anti -picketing -Ordinance Gentlemen: This ordinance prohibits the picketing of dwellings and the picketing of libraries, schools, hospitals and municipally -owned build- ings in such manner as to prevent ingress and egress. This kind of ordinance was upheld by two Wisconsin cases, City of Wauwatosa v. King, 182 N.W. 2d 530 (1971) and City of Brookfield v. Groppi, et al, 183 N.W. 2nd 96 (1971). In those cases the court also referred to cases which upheld the regulating of picketing in front of public buildings in the same manner as this ordinance. This kind of ordinance always runs the risk of being contrary to the constitutionally protected freedom of speech. I have done no extensive research on this subject. However, the interests being protected appear important enough, and the restriction seems narrow enough, to be upheld against a claim of unconstitutionality. Cif of Wauwatosa v. King, Supra, Simpson v. Municipal Court, Sacramento Municipal Court Dist., 92 Cal. Rptr. 417 (1971). This ordinance must be reviewed in conjunction with the Village ordinances adopting state laws on unlawful assembly and disorderly conduct. The state, law makes it unlawful for three or more persons to assemble with intent to commit an unlawful act by force, or with intent to carry out any DORSEY, MARQUART, WINDHORST, WEST S, HALLADAY Village of Edina Page- 2- June 15, 1972 purposes in a manner that will disturb or threaten the public peace, or to conduct themselves in a disorderly manner so as to threaten or disturb the public peace. Disorderly conduct is defined, in part, as abusive or offensive language, or action which might arouse alarm, anger or resentment in others. Very truly yours, Tho as 5. Erickson TSE/c f''ll f t ,! _I / _! •' IA SKIS?.Ie„�l[i t;*ram For r[�� '2 ,� c ._. Date of xs t Phone. I'ele�rone� Sto ed to see you 'lease call hin: '.Jill return later illc�ll arair. , r3rts appointment ,at�rnvry ^ � aim TJ-aiti.n� for ,,u ale Receive Most, Bliln.- I .5, - With..tainal s Pick6ts , To the pick- Editor:'- 4- The broad question vacy. The practice of pick I would .like' to set,the ;.presented is whether pick- eting a• residence causes,. record.straight -about the ; eting, demonstrating and ' emotional disturbance and ' picketing of the Edina 1parading should be permit , distress the occupants dences: of the Minneapolis x..ted. In the�cases the courts and neighbors.. society-, the Blind board' have considered there are .'-Putting -aside` the not . of directors last week by i;; limitations `:: ;,necessarily*_ 'unreasonable. dissident: blind as reported , The- courts have conclud fear of'.escalation-action i inlast week's Sum.'r;nxF�,' ed and the demonstrators; and 'reaction between pick- 1: The blind pickets were 'freely adiriit thattheir pur- , ets and "spectators —the not -.from the. iVlinneapoLs ;pose in picketing homes is very fact of physical patrol - :Blind to= secure publicity and not Y ling.by the group of unwant Society f or- the•- (MSBI, They are ;not' -ein- `' to'communicate ideas or ed and unwelcome paraders :. ployees or -staff of the MSS exercise_ GConstitutional ; creates pressure. and by far the majorit� of ,, guarantees of free speech, -The newsworthiness of ' them were from St Paul :assembly and petition. the situation stems in part SS ancient concept that from the tension c 2, Implicit in the Sun reated rti The 1 cle and other media cover-.: a. maxis home is his castle - and pressures focused on age of,.the picketing is.that ;.-into which not even a king the home. the dissident group repre may enter isstillprotected. Almost every individual cents and speaks for -the: No one has the right to with.whom I have been in. blind. The MSB six direc-.press even "good" ideas on contact,- including i the tors, two advisory commit- an unwilling recipient. - director of the MSB, state tee members and 41 em- That we are,often cap that they are offended and ployees who are blind, dis- . tives outside our homes and apprehensive about picket - agree. subject to objectionable ingbefore their.homes. There are an estimated speech does not mean we Edina is especially. vul 10,000 blind in the state of must also be captive in our nerable because of its capa- which 7,000 have been in homes. ble residents who generous- dentified to state services Postal regulations under ly give their time as volun for the blind. About 500, or which a homeowner can teers to serve on commis - less than one percent; have have his name removed sions and boards of direc- . J joined one or more of the from a mailer's list, usually tors on different organiza- three organizations for.the of pornography, have been tions. Our elected officials, most of whom receive nom71 - blind_ upheld. One of these organiza- The public purpose to be final pay for demanding po- tions has a splinter group of served by this ordinance is sitions, should be protected activists who have adopted that members of the com- in their homes as should the militant tactics of the is munity enjoy in their officers and directors of homes a feeling of well-- business corporations civil rights movement. being, tranquility and pri- Mike Bolen, Edina. 3. The employees of the society have recently adop- ted a resolution supporting the board and administra- tion of the MSB and over half of the blind employees, have indicated their will-. ingness to counter picket in behalf of ttie society. They feel picketing is demeaning to responsible blind persons but are frustrated by the news media's willingness to cover only the people who l made fools of themselves and create public stress or disturbance. 07-05-72 J. B. Zo^e I officer and Shift Sur arvisor ---- ' Mrs. %eslie Gail,,.,, P. D. r65 :stalk and Public Assembly. _ S _ ociety of Friends (Quakers) On the bth of Jul 1 -- at aproac.e3y 8:45 p,t, i.. there Will oa a 'candlelight march" from 44th aid Yoa'_•c to � d T �, �; 8 Bridge .mane, There pre ll be from 35 to 0 • .... . _ v !: adults ,in the ri-tarch. They will use the p-hlic sidewalk and Stand in t abohe frontf Jude Pdevilles' house fo r. �, ' �c.ot„r. They will disperse .fro_., that point, The Person responsibleor the r rf march ;, there are any questions or pro_ b e.tts is Georbe Crocker of 777-1698 Jay •Y. DraSk rs d t"ii;l? S�'?,`� Cve S@rbp;it EDINA POLICE DEPARTMENT Edina, Minnesota RADIO LOG KAI 993 155.67.mc Date _ 1 .r„�� 1 47) Dis atcher A D rr; „A . Team IV Signature.-Z.,, -Shift _ 1 c;r.r, _ 7��,� I Line Up 3410 He.mbre 130; 3411 Schwartz 129; 3412 Doyle 127; 3413 Poole 126; Time Rec Id 3414-15 Scott 123 Unit s Location 3412. C.T. France 3410 65th 'and France 3411--44 Donaldsons Over'' lour 3413-1 1-14 hl 45 'Parklawn 3414 5172 Lincoln 3412 Dvtons 3412. Bringin- Ohe In 3411 4515 West 7Cth St 3411 Dcnaldsons 3414 2000 0414-10 5125 Abercrombie 3412-13 Eden & Shop ?412 7337 oak1n.wn 3413 5�00 Malibu ?415 P.T. 3415-12 Donaldsons 3413 P.T. ' "Ll4 59th =+nd Code '1�11 5116 ;Arden ?!t11 100' S of Excelsior 3�a1 6408 Tar• wood 3!=1 1 ; .T. '413 Circle ;est p Lerilane 31,13 2000 20G0/45 2CCO 11 Red Barn '1:_1. Red Li=i.r.1 ? -'• > 5?20 61st Event Complt PD Acc 4851' PD A c c 4852 . Car Pro:•rlers i _bd Emerg 4853 Theft 4854 ' Shoplifter 4855 I'd-: 10705-08 Bike Theft 4856 Shoplifter 4857 Keith harper Kuby Serve Elotice Open mottle. H. coiTer mike t7 See a Party 1C-30 11ied timer` /E858 10-30 B .B . (;-,,ins hod Uod RVA Lock —Out 4`59 Ri-chnrd David LquTence 10-30 10 -30 Smoke 4860 2juA 11illia.m Richard Kruckeberg Peter J'ames Parse Michael Lee Beck—'r '.rid call 2221E Dar :Lel Ed,'ard Lounberg Lod; 4}:L110 .' Speeders 2151 Time 04t 1510 1511 1511 1517 1740 1600 1637 1631 1643 1721 1 744 1803 1834 1848 1859 1926 1935 1957 2009 2C19 2023 2036 2?32 2?56 Time Clear 1526 1525 1525 1527 1605 1629 1637 1639 1652 1 729 1950 1815 1834 1855 1930 1929 1930, 2007 2027 2059 2053 2055 SIC PERSONAL RECOGNIZANCE RELEASE 7Z Date j To �:%.iiy; l'��i�?Ltvi1�j�J- Ch.arg2-;c;;�;jr, eten ant f Havino, been released on your personal recognizance, you are directed to appear before the Municipal Court at the following tim-a and place Date T Time {i • d D o'clock a.m. Place �;t 1�i;;tr;�' ,� J '�,�i/d -Lure oZ o`-ricer on consideration of ny bcino release oil r,`y personal recognizance, i f_`reb,y a?ree to appear before t e ��'JZ11 C� ?Ja;!�(:JL3':i,� �i� t'L12 a%70V2 e ; and place Signature of ifeLen ant Summarize Who -what -where -when -why -how July 102 1972 C# 720545? PICKETING - EDINA 02D. #1061 DEF: John 'William Filter Charged 7/6/72 at 2235 hours ".-At 0905 hours this date, I called John 'William Filter at his home =3 Golden Valley Road (529-1942) and told him i he had bean L81b cn court date (7/13/72) at the time of his release. He v,astold `hisynewg appearance time and date: 0900 on July 18, 1972. He ackno-wledged the t` difference in court dates and thanked me for calling. Bert i;,erfeld i ICRSupervisor approved:__-�--- .__.Date Rec'd.(9-1d) L �� cident // l , Time P,, _.cation of Incident (25-28 ) (25) Outs �Yes 2 �No Iwcident i C—, rnpl.:ine- / I`'lr r7)iZ11 Rec'd. By i- - L___'•�=ddress (30-?�t Phone Carded Rt por: J E T Address (34-36) Phone quad oral Officer Assigned (38-40 Now Rec'd. (42) 1 oh��.e : ) ! ' 2 11 Radio 3 Q . In Person ? (�� PATROL suaj 50 Alarm piss "C: (45-48 FIRE ► (61 -64) Cleo ed : 53 _ (65 - 68) Rep is ;7 4) 1 ncident/Arrest 2 None 3 Other Disr�siti.n (75) Jove Agency 2 ❑ Assisted/Advised Wife Perf fo�r j� Co�:tinued A is t/ 76) i �20 Yes 30 Unknown 77) 1 Adult 2 r' Juvenile 3 L� Both i Day ;78) j '; Type of Location J none STO_EN PRCPERTY VALUE] f 79 81) �: C 6 U Mail 7 a Other AMBULANCE = 6 00WAIUM wx on NUNN 4000A/UTL 5 Unfounded 6 Other 7 LrCT,'d by Arrest 8 Q E... Clyd 91--1 i_,,_.�__ urren cy ( 82 - 88) Mot. Veh. (110-116) Jew Ir Furs (96 - 102 ) Y (89-95) Misc. (117-123) D•=t.ils: Clothing (103-109)HIHIE]Fire Loss (124-130) CAE AGE I COL.. OFFENSE Ilvnnvvr no ` 1 ni cw 1 l VDIMMNT 140. I OFFENSE REPORT PICA list/-,-ED1NA ORD. 91061 2 7G459 DATE AND TIME OCCURRED AM LOCATION OF OCCURRENCE .1u? y 63 1972 .CTIM - MISSING PERSON - DEFENDANT PM n '.8 Bridge Lanes Edina HOME ADDRESS 1816 Golden Valley R.oadx Minneapolis 4-3M 1 1 LIAM . DRIVER'S LICENSE NO. - PHONE - �. VICTIM. OR RACE SEX DATE OF BIRTH 529-10,42 OCF'S DESCRP. - - HEIGHT WEIGHT HAIR EYES IC I'.i 1-23-47 5 414,. 235 h AUTO TH EFi - MAKE AND DESCRIP>TION - LICENSE NUMBER SERIAL NUMBER STATE OF ISSUE COLOR - DATEE AND TIME COMPLAINT RECEIVED - 'f/G�7r� �^�_�5nAOFFICERS;y,^I Ci ! G.G -?1r L .i9= €EId and IbeIiei an a y©t��„�,% RESUME. . .3Whan wiMan Filter via% one of ten people observed standing on. the sidesyalk in from ,. ff77 All �£'`3personst ,i' t t -- , were standing asie�l in a ron and holding lighted candles S2 S_R1t O „s'.:3Zui. A. '-fted myself and informed hen that tjjav vlrere lit violation-; or f I `li' lZge O3 +. -Una O dinance AC'ol Pr0bI bi ots oiclket-,i.ng by Si aT:d_n f_ Oaprivate &tia2linq z iri front e..t � f d t'-I, n read the ordinance to t„Lr.> I told thei tnx should leave ar©a quietly and that if they did not leave I jould arrest one Or ail of them for violation of the above I v v2>1 IT^.y S'.t'iW1. "";Ile Of 4e-9r uP 1131941 Out their candies and said the-- would'3 t Rafe area. _ remaining Berson, ,�,r l Join William Filter; still holding a lighted cand3e and also a Placard ard I ,wading; ST_LZ:','T TGIL 134 SUP?ORT OF TE- ��"r R'_;y� PECPLF OF I:��O ClUNA r g � � gas main mold he L'v^Li1d 1a3`J.3 the arsa c 'd not be arrzastads He chose �� '^s� arrest?d9 "a.s tra7sPort d to the 1 -. rw z: A "a Wnera ne Was advised Oa his rights, booked and LECTROFILE i l ,oz AGE COL. - EDINA POLICE DEPARTMENT OFFENSE, INCIDENT, OR CHARGE COSIPLAINT NO_ OFFENSE REPORT _ PICIS.ETING - ORDINANCE 1061 j 7205457 �E AND TIME OCCURRED AM LOCATION OF OCCURRENCE 7/6/72 2235 C) PM #$ Bridge Lane, Edina :,mot- MISSIN:: PERSON - DEFENDANT - _ � . HOAIE ADORESi 1 a o rra JO.�i£� ZdILLI�u�1 JPHONE DRIVER'S LICENSE NO.FILl..�R, HEIGHT WEIGHT HAIR EYe�* :71s:OR RAC'' DATE OF BIRTH F s DEscR;-. _ CAUv rEX M 1-2 3-47 5' 1011 185 'O THEFT - i AKE AND DESCRIPTION z'.E NUtdBr'R SERIAL NUMBER STATE OF ISSUE COLOR 'E AND TWE-COMPLAINT RECEIVED t_ �AM 7/6/72 2235 p Pt4 Bert plierfeld ar T. Doyle ��_�IM"' John 1,1i]liam Filter was one of ten people observed standing on the sidetrralk in. front '3 Bridgge Lane, All. ten persons were standing quietly in a roar and holding lighted can dles'I fro u of them, 1 identified myself and informed the.-4 that they i•,ere in violation of ii aga of Edina Ordinance ;1061 which prohibited picketing by sbandi.ng in front of a pri-,rate `: and t-en read the ordi:iance to them. I told them they could leave the -area quietly _ y {: nd that if they did not leave I would arrest. one or all of them.. for wiaationz of the above E . Linance f iO6l, Paine of the group ble-u out their candles and said they would leave the area. ^e re -a -a ird-ng person, John ;- illiam Filter, still holding a lighted candle and also a placard .dinzn STL 'T VIGIL IN SUPPO-LU OF TFE, SUF ERM PEOPLE, OF INDO CHIPFA, ,was again told he .)u d iea•Ie the area and not be exrested. He chose to be arrested, transported to the �dira t Police station where he .,,as advised of his rights. booked and R.P.RIde -- ...... _.:,.. NIL-Iii993I0 CUT 232447 N 199015 BL r4364295b7062 ISL' IG 2 �15Jt,i�L y' t it -AV ST PAUL fil: i 55104 L L U 5- I 0 1- 5 i-- � 03056-IS' SIG, rf �1Z �-. Summarize who -what -where -when -why -how Pa ge 1. C;! 72054 57 FOT,LOW-U? DATE & TIl"iC: 7-7-72 2235 hrs. S�i3Ji;C'i . John 1•Tilliam Filter; DOS. 1-23-47 CHARIGE Pic ketin in Violation of Edina Ordinance No. 1061. 231v At approximately* hours on July 6, 1972, Chief Wayne Bennett, Dct. Ray Teeman and myself observed a group of people carrying candles march or ,:alk easterly on Bridge Street and approach and cross Arden Avenue and then enter upon a footpath leading to Bridge Lane, where the group milled around for a few minutes before congregating oa the sidewalk in front of #8 Bridge Lane. G7e waited about 5 minutes before approaching the group of 10 people C•rho were standing in an orderly and quiet fashion on the sidewalk in front of #8. Bridge Lane -and facing the street. All 10 persons were holding lighted. candles in front of them. I approached the group and identified myself as Capt. Bert Merfeld of the Edina Police Department. I told them the Village. of Edina has an Ordinance No. 1061 which prohibits picketing by standing in front of or on the premises of any private-d*gelling. I asked them if they- were familiar with such an Ordinance, and one of their group said he did not have knowledge of the Ordinance. Another said he did. I then asked them if they would like me to read the Ordinance to them. I heard- a. yes answer from one of the group so I read the heading and first three sections of Ordinance No. 1061. At this point, I asked if any of them had the consent of the property o mer to picket or stand on the sidewalk in front of 0 Bridge Lane. I heard no reply of any kind from any of those persons present. Not hearing any replie iron the group, I inforined them that at this time I was asking theca to dis- perse quietly or I would have to make arrests Tor violation of Ordinance No. 1061. At this Doint, one of the group asked me to explain the :meaning of dispense. I then told then that my request for theca to disperse meant for then to leave thearea quietly and that if this was done I would not make any arrests One or t=•ro of the group asked if they could hold a brief discussion, to ,epic I agreed. After two or three minutes, nine of the group blew out their can- dles and remained in a circular congregation. I asked tcte:n if the fact =:'tat their candies ware extinguished was an indication they were going to leave, to which they responded in the affirmative. At this pol.nt, I noticed one remaining marl standing appr0t4rtltely there he had been in the line-up before the discussion, and that he was still holding a li ,hted candle in front of him. I also noticed that he held a placard in T`ont of him which read, "Silent via i1 rn support of the suL —rind people o= l do -China " I approached this indivi }vial ar_d asked him if `tis presence al on-, Pith the 1'i.ghi:ed candic and placard indicated that he intended to stay. Ho rz-1:.ed, "I ,'ill -o-ii.ntain e:y vi-il" or, so:.'.ethin7 to that effect. I told } ir; n � ;� i `, ,� k h 'c;c of t, � �t. could still leave she are qu t1J like the others and I ^u1d n ar cnst him, but if he did mot leave, ! t•;Ould place him under acres; anti Ch27,�^ llin.i with violation of thc- P! c'ketl.n.- .air: inanec .). 1061. When. he did :t•]t leavo, I ::'ced his il_i( 'e, ili.Ic! :le galit' as .John Wilii. ,. Filter + t he Summarize Who -what -where -when -why -how C,=7205457 Pa ge 2. called him by name and told him I was arresting him for violation of Ordi- nance No. 1051 and asked him if he would accompany me to Edina Police Head- quarters. At this time, I asked Officer Teherepce Doyle if he would trans- oort MIr. Filter to Edina Police Headquarters. The three of us then walked over to the police vehicle and 'Mr. Filter was placed in the rear seat. It was at this time that I asked him for his candle and placard, which were subsequently given to Det. Ray Weegman who photographed them and marked them as evidence. Shortly after leaving the scene, Officer Doyle gave Mr. Filter his rights per Miranda and asked if he, Per. Filter, understood them. To this Mr. Filter replied, "Yes." When asked by Officer Doyle if he cared to discuss tonights incident Mr. Filter answered, "No." ,fr. Filter was taken -to Edina Police Headquarters where he was booked and then RPR'd to himself; leaving the Edina Police Station at 2223 hours. During the booking process, John William Filter asked for and was given a copy of Ordinance No. 1061. BERT MERFELD, Captain Uniformed Services Division Edina Police Dept. B11/ j d V: -MN07nc; ;LSPFc-i) LIMITS i OTL`.D. iir. Ilyd: c..ailec Cuuacil's attention to a letter from Mr. Samuel Fisher of tae Hennepini? County Traffic Engineering Section advising of the following speed limits on Vernon Avenue: 1. From the intersection of G-ninty State: Aid i[i.gh;aay 20 (Interlachen Blvd) to 400 feet Nest of Sur:mit Avenue the speed limit will. remain 30 miles per hour. 2. From 400 feet west of Sun,nit Avenue_ �o ith:aesterly to the intersec- Lion of Villa -;ay. Lite spud limit will r oelered from 35 miles per hour to 30 miles per hour. 3. From the intersection of Villa I -Jay souti"Westerly to the intersection with Gleason Road the speed limit will be lowered from 45 miles per hour to 40 miles per hour. 14rs. Norman Groth, 5300 Ayrshire Blvd., protested the decision of Hennepin County and was told that the Village had done all that was possible when it adopted the resolutions on two occasions asking the County to set the speed limit at a maximum of 35 miles per hour. Mayor Bredesen suggested that Mrs. Groth could go to a Hennepin County Board Meeting and try to be heard with her request for a 35 mile per hour speed limit. Mrs. Groth was told that the Village would once again have control of the speed limit when the street is turned back totheVillage. ASS^SSiIENT HEARING DATES SET FOR JULY 17 AND AUGUST_ 21, 1972, by motion of Councilman Sha:t,;.secanded..by.Councilman Johnson and carried. GUN CONTROL ORDLNANC$ CONTINUED INDEFINITELY. Mayor Bredesen advised that he had talked to.Chief Bennett -who had told him that he is not prepared to even suggest any gunordinance..•. Councilman Johnson's motion that the matter be. continued indefinitely was:then seconded by Councilman Shaw and carried. ANTI -TICKETING IN RESIDENTIAL AREA ORDINANCE CONTINUED TO JUNE 19, 1972. Mr. Hyde advised Council that problems have arisen with picketing in residential areas in the Village. Mr. Erickson pointed out the basic intent of the -Wauwatosa Anti -Picketing Ordinance as being for the protection and preservation of the home. The ordinance states that it shall be unlawful for any person to engage .in picketing;before or about the residence of any individual, but that nothing shall prohibit picketing in a lawful manner during a labor dispute at a place of employment. Mr. Michael Bolen, 5207 Doncaster Way, urged the adoption of an ordinance at this meeting. Mayor Bredesen said that he did not believe that Council should adopt an ordinance without reading it, and suggested that the ordinance could be given First Reading on June 19 and that Second Reading could be waived at that time. He added that he believed that the ordinance should also prevent picketing the home of a company official when.his company is on. strike. Following considerable discussion, Councilman Johnson's motion that the ordinance be continued to June 19, 1972, was seconded by Councilman Shaw and carried. Mr. Bolen was assured that the police would enforce the Trespass Ordinance if the need should arise, An unidentified gentleman in the audience requested that,the ordinance also prohibit picketing landlords. ORDINA1TCE NO. 401-A2 GRANTED FIRST READING. Mr. Hyde called Council's attent- ion to the fact that the State Building Code will become effective on July 1, 1972 and that it will supersede all ordinances of the Village covering the same subjects. As recommended -by the Village Manager, Councilman Johnson offered Ordinance No. 401-A2 for First Reading with the understanding that some differences will be made before Second Reading is granted: ORDINANCE NO. 401-A2 AN ORDINANCE REPEALING ORDINANCE NO. 401 AND ORDINANCE NO. 401-Al AND REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, 2-IOVING, RDIOVAL, DE1,1OLITION, CONVERSION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA AND MAINTENANCE OF ALL BUILDINGS AND STRUCTURES, PROVIDING FOR THE ISSUAINCE OF PERMITS AND COLLECTION OF FEES THEREFOR, AND PROVIDING PENALTIES. THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Repeal of Ordinance No. 401 and Ordinance No. 401-A1. Ordinance No. 401 and Ordinance No..401-Al are hereby repealed in their entirety effective July 1, 1972, and the following sections are hereby adopted in lieu thereof effective July 1, 1972: "Section 1. Minnesota State Building Code Adopted. There is hereby adopted and incorporated herein by reference, as an ordinance of the Village of Edina, the 'clinnesota State Building Code (hereinafter referred to as the "MSBC") nr^�,in�rec� by the D^partment of Administration of the St_a.te of Minnesota and filed with the Secretary of State and the Conunissioner of Administration As recotr,:iiended by Mr. ciyde, Council aan Johnson's Potion was seconded by Councilman Van Valkenburg and carried authorizing the Village Manager to request the Public Service Co =fission to start a hearing. SOUTH I' \NEPIN HUNMAN SERVICES PLA'LNIi7G BOAR) JOINT AND COOPERATIVE_pZREEML.VT. Mr. iiy62 advised Council of request of the South Hannepin Human Services Plan- ning Board for..approval of the Joint and Cooperative Agreement and also for the ppoij:tment of Edina`s representatives on the board with emphasis on health and consumer participation. fir. Van Valkenburo requested that the appointments be continued to some later date and moved that the agreement be approved. Council- man Johnson seconded the motion which carried unanimously. M1FaiZILA,-1A CREEK WATERSHED DISTRICT STORM WATER DISPOSAL CRITERIA R FERRED TO EitTVI 10, IHE'NTT.AL QUALITY COZITROL CONMISSIONZ . Mr. Hyde advised that the ;•Iinnehaha Creak 11atershed District has put out information -regarding the disposal of storm :Dater and that Mr. Dunn had made up a sumnary'of the information and sent his response to the Environmental Quality Control Commission for its recom- mendations. No action was taken. BUILDING ORDINANCES CONTINUED`TO JULY 3, 1972. Mr. Hyde presented Building Ordinances Nos--:.402-Al, 403 and 432 for Second Reading and Ordinance Nos: 421- A1,'433 and 62L-A1: for First -Reading, advising that these ordinances are'nec- essary to conform to the State Statutes. Following considerable discussion, Councilman Van_Valkenburg_'_s motion continuing these ordinances to July 3, 1972, was seconded by -'Councilman Courtney and carried. FLOOD PLAIN ORDINANCE NO."832 CONTINUED TO JULY 17, 1972. Upon being advised that the Plandiag-Comaiissionchad requested that Flood Plain Ordinance No. 832 be continued until after its next meeting, Councilman Van Valkenburgis motion was seconded by Councilman Shaw and carried that Second Reading of Ordinance No. 832 be continued to July 17, 1972. MANTI-PICKETING ORDINANCE NO. 1061 ADOPTED. Mr. Hyde presented Ordinance No -1061, noting that the Village Attorney had advised that this kind of ordinance was upheld by two Wisconsin cases. Councilman Johnson expressed concern that this ordinance would deny people the right of free speech. Mrs. Daphne Krause said that she'is the Executive Director of the Minneapolis Age and Opportunity Center and that .the Society,'.of -the-Blind:.:is "a .GouernQr of-that_!board.', She spoke of conflict between the staff of the Society of the Blind and the blind themselves and said that picketing is the only method of communication that seems to be open. Mayor Bredesen pointed out that the Council's concern is with picketing in the Village only rather than special issues and that he does not think that any group should be able to disturb the peace and tran- quility of a neighborhood. Mr. Hyde pointed out that one of the basic reasons for the proposed ordinance is that the Village has a relatively small Police Department and that'it does not have the personnel to stand and watch pickets for indefinite periods of time. Stating that while he is disturbed about the possibility of people loosing their free speech,'Councilman Johnson said that he is also disturbed about the possibility of loss of tranquility of neighbor- ing homes. He therepon offered Ordinance No. 1061 for First Reading, with waiver of Second Reading, and moved its adoption as follows: ORDINANCE NO. 1061 AN ORDINANCE PROHIBITING AND REGULATING PICKETING AND PRESCRIBING A PENALTY THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Declaration: Purpose. The Village Council of the Village of Edina hereby finds and declares that citizens of this Village should be able to enjoy in,their homes a sense of well-being, tranquillity and privacy; that picketing tends to obstruct and interfere with the free use of public side,.ralks and ways of travel; that picketing may result in obstruction and impairment of necessary and desirable public services and facilities; that, therefore, it is the -purpose of this ordinance, in order to promote the public health, safety and general welfare of the citizens of the Village of Edina, to prohibit and regulate the prectice of picketing in- the manner hereinafter set out. Seca 2. Picketing; Defined. -For purposes of this ordinance, picket- ing, shall mean the standing, marching or patrolling by one or more persons in front of, or in, on or about the premises of, any dwelling, library, school, hospital or municipally -owned building within the Village of Edina, without the consent of the owners, who are carrying or displaying, or causing to be carried or displayed, any placards,'banners, symbols or signs, or handing out or G_stributing, or offering to hand out or distribute, or causing to be handed out or distributed, any handbills or other•written,material, designed 1917r f: to persuade or protest. Sec. 3. Picketing,of Dwelling Prohibited; Exceotion. Picketing is prohibited, in front of, or in, on or about, any dwelling in the Village; provided, howa ver, that picketing of a dwelling shall not be deemed prohibited by this ordinance if done in an other -Wise manner during a labor dispute and if the d:aelling being picketed is the place of -employment of the persons involved in the labor dispute. Sec. 4. Picketin of Libraries, Schools, Hospitals and PIunicipally- oc.ned Buildings. No person or persons shall picket in front of, or in, on or about any library, school, hospital or municipally -owned building in the Village in such manner as to prevent, obstruct or interfere with full, free and uninterrupted ingress and egress to and from any such building. Sec. 5. Penalty. The violation of any section of this -ordinance by any person shall be deemed a misdemeanor and shall be punished by a fine of not more than $300 or by imprisonment for not more than 90 days, or both, together with the costs of prosecution in either case. Sec. 6. This ordinance shall be in full force and effect immediately upon its passage and publication. Motion for adoption of -the ordinance was seconded by Councilman Courtney and on rollcall there were five ayes and no nays�and the ordi ance was adopted. t 0 ATTEST GG1rt e ' /n i Mayo r Village Clerk BA-128 ASSESSMENT CERTIFICATION TO TAX FORFEITED LAND DIVISION APPROVED. As recommended by Mr. Hyde, Councilman-Courtney.offered_the following resolution' and moved its adoption: RESOLUTION BE IT RESOLVED by the Edina Village Council: WHEREAS, at the time of the determination of the Village Council of the Village of Edina of the total amounts of money to be assessed in the proceedings of Permanent -Street Surfacing and Concrete.Curb and Gutter Improvement No. BA-128, a certain parcel of land'had been forfeited to the state and was not, therefore (subject•to assessment: 1 NOW', THEREFOP.E, Pursuant to Chapter 394, Laws of Minnesota, 1941, the Village Council does hereby determine that each of the parcels of land hereinafter described would have been assessed the amount s set opposite each such described parcel, if such'parcel had not been tax -forfeited land"and therefore not subject to assessment, and the Village Council does hereby determine that each of said parcels has been benefited in an amount equal to the amount set opposite each bf said parcels: Description Improvement Amount Levy No. 5157,'Plat 77770, Parcel 3100 (Lot'28 of BA-128 $202.39 Warden Acres lying East of Railroad Right -of -Way) The Village Clerk is hereby directed to make an abstract showing the description of each parcel of land forfeited to the state for non-payment of taxes at the time of the determination by the Village Council of the amounts to be assessed in these proceedings; and showing, in accordance with this resolution, the total amount that would have been assessed against each such parcel of land if it had been subject.to assessment. The said Village Clerk shall certify. such abstract to the County Auditor of Hennepin County for presentation to the Bcard of County Commissioners of Hennepin County. Motion for adoption of the resolution was seconded by Councilman Van Valkenburg and on'rollcall there were five ayes and no nays and the resolution was adopted. VOTING PRECINCT BOUNDARIES REVISED. Upon being advised by the Village Clerk that certain revisions were necessary in voting precincts in the Village because j of newly established Senatorial and Legislative Districts, Councilman Van l Valkenburg offered the following resolution and moved its adoption: RESOLUTION BE IT PESOLVED by the Edina Village Council that the Village of Edina heretofore composed of thirteen Voting Precincts shall be and is hereby divided into four- teen Voting Precincts, boundaries for which are described as follows: PRECINCT NO. ONE Commencing at the. Northwest corner of Section 30, Township 117;-Range 21, thence Southerly along the West line of said Section 30, a distance of 48.5 feet to the point of beginning; thence Southerly along the West line of said Section 30 to the Southwest corner'of Section 30; thence Easterly along the South line of Section 30 to the centerline of Parkwood'Road; thence Northerly, Easterly and Southerly along the centerline of Parkwood Road to the South line of said 3/7/72 ri:q tvo WHEREAS, there is considerable conflict ;,� factual evidence as to whether and where additional ai- r terminal facilities should be provided; NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Edina that it declare its firm support of locating zany needed additional major airport facilities in the southern portion of the metropolitan area in order to eliminate the necessity of having new air flight traffic patterns over the presently developed sections; and BE IT FURTHER RESOLVED that copies of this resolution be sent to the Metro- politan Council, the Metropolitan Airports Commission, and all others con- cerned with the problem of determining whether and where new air terminal facilities are needed. Motion was seconded by Councilman Van Valkenburg and on rollcall there were four ayes and no nays and the resolution was adopted. METROPOLITAN STADIUM SITE URGED FOR BLOOMINGTON. Councilman Courtney offered the following resolution and moved its adoption: RESOLUTION W-iERE7AS, many residents of the Village of Edina are frequent patrons of sport- ing events at metropolitan Stadium; and WHEREAS, the Metropolitan Area Sports Commission has developed an extensive recreational complex at the present site in Bloomington with little, if any, expenditures of public tax money; and WHEREAS, the development of a new, specialized, expensive stadium removed from the Metropolitan Stadium complex could result in the need for taxing jurisdic- tions other than the City of Minneapolis to participate in its cost; NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Edina that it support the expansion of facilities, if a true need exists, at Metro- politan Stadium on the same financial basis as used there previously, and oppose the development of financially unsound projects elsewhere which conceivably might require a broadly based tax support; and BE IT FURTHER RESOLVED that copies of this resolution be sent to the Minnesota Vikings, the Minnesota Twins, the North Start Hockey Team, the Cities of Bloomington and Richfield, and the Metropolitan Sports Area Commission. Motion for adoption of the resolution was seconded by Councilman VanValkenburg on rollcall there were four ayes and no nays and the resolution was adopted. and ORDINANCE NO. 1061-Al ADOPTED. As recommended by the Village Attorney, Council- man Van Valkenburg offered the following ordinance for First Reading with waiver of Second Reading and moved its adoption: ORDINANCE NO. 1061-Al AN ORDINANCE A14ENDING ORDINANCE NO. 1061 TO REDEFINE PICKETING AND TO DEFINE DWELLING AND TO PROHIT PICKETING OF DWELLINGS THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Section 2 of Ordinance No. 1061 is amended to read as follows: Sec. 2. Definitions. For purposes of this ordinance the following terms are defined as follows: "Picketing" The standing, marching or patrolling by one or more persons in front of, or in, on or about the premises of,any dwelling within the Village of Edina, without the consent of the owners, to persuade an inhabitant of the dwelling or protest some action, attitude or belief of an inhabitant, also the standing, marching or patrolling by one or more persons in front of, or in, on or about the premises of any library, school, hospital or municipally -owned building within the Village of Edina, without the consent of the owners, for the purpose of persuading or protesting. "Dwelling" - Those structures that are used only as a place of residence and wherein no person, other than persons residing therein or domestic employees, is regularly employed. Sec. 2. Section 3 of Ordinance No. 1061 is amended to read as follows: Sec. 3. Picketing of Dwellings Prohibited. Picketing is pro- hibited in front of, or in, on or about, any dwelling in the Village. Section 3. This ordinance shall be in full force and effect immediately upon its passage and publication. Motion for adoption of the ordinance was seconded by Councilman Courtney and on rollcall there were four ayes and no nays and the ordinance was adopted. ATTEST: Mayor l Village Clerk M E M O R A N D U M May 25, 1972 TO: Mayor and Council FROM: Warren C. Hyde SUBJECT: ANTI -RESIDENTIAL PICKETING ORDINANCE In the past, we have had some information that residences in Edina might be picketed for one reason or another. The most recent instance was about a week ago when a member of the Board of Directors of the Minneapolis Society for the Blind indicated that a dissident group was threatening to picket homes of the board members. As a result, Chief Bennett learned from the League of Minnesota Municipalities that, in at least two instances in Wisconsin, the Supreme Court of that state has upheld ordinances for prohibiting residential picketing. One case involved Father Groppi in the City of Brookfield, Wisconsin. The other involved picketing of school board members in Wauwatosa, Wisconsin. We do have copies of the Wisconsin Ordinances which generally make it unlawful for any person to engage in picketing before or about the resi- dences or dwelling of any individual. I concur with Chief Bennett's suggestion that you consider such an ordinance. i Warren C. Hyde WCH/hd May 24, 1972 Memorandum To: �varren C. nyde From: V"ayne W. Bennett Subject: anti residential picketing ordinance. Attached is the information sent to me today from Mr. Stan Deskar of the League. 6e have had no problem to date relative to the call I talked to you about. There are eight other board members of the Minneapolis Society for the Blind living ' in Edina. Mike Bolen, 5207 Doncaster I-1ay was the complainant. would suggest that we pass susch an ordinance. I do not know whether any other community in Minnesota has such an ordinance. With things going the way they are recently, we may need such an ordinance to prevent undue harassment in the future. i 4 ` j w� Willage of C 13 Cat 'a Mi c 4001 WEST FIFTIETH STREET • F.INA, MINNESOTA E7424 927-8861 May 24, 1972 Mr. Mike Bolen, 5207 Doncaster Way Edina, Minnesota Dear «r. Bolen;- Just received in the mail tod-.y the information I related to you on the telephone. You stated you would like case number,etc. This Inform- ation is contained in the enclosed copy material. l have sent this info up to Mr. Hyde, Village Manager, to determine whether he wants the City Attorney to draft such an ordinance. If I can be of further assistance please call me. Sincerely., ��4ett �--- WaWyneUrJ. Director, Public bafety and Chief of Police_ 0 ems---� • tr' Wis. 184 NORTH WESTERN ItEPORTER, 2d suaES V O . CITY OF BROOKFIELD, Respondent, V. James E. GROPPI, Francis X. Blair, Ernesto Chacon, Betty Harris and Law- rence Gantt, Appellants. No. 270. Supreme Court of Wisconsin. 3farch.2, 1J71. of Prookficici code of ordinances (aLo kt;o�cn ac Ordinance 5.02), which proltibit residential picketing. On January 22, 197ih, they «•ere. found guilty and a forfeiture was imposed by the county court of Wau• lcrsha county' after a trial. A motion to dis- ntiss oil the ground the city ordinance was unconstitutional was denied. On April 24, 19,70, an appeal to review the judgment of conviction and the order denying dismissal was affirti�ed by the. circuit court of �Vau- T<cshl county; such affirmance was then 1 t this court. The sole question Defendants were found guilty, in the a County Court of Waukesha County, of vio- ra lation of a city ordinance making it unlaw- to fill to picket homes except with respect to picketing in a lawful manner during a labor dispute of a place of employment involved in such dispute. The Circuit Court, Wau- kesha County, Clair Voss,.J., affirmed. Th affirmance was then appealed. The' Su- preme Cotirt held that the city ordinance in question was constitutional { judgment and order affirmed. Municipal Corporations C-S22 City ordinance which made it unlawful to picket homes except with respect to picketing in lawful :manner during labor dispute of place of employment involved in such dispute was constitutional. �V.S.r1. 62.11(5). \Villiam'M. Coffey and John D. Murray, Milwaukee, for appellants. Schmus & Panosian, Nest Allis, for re- spondent. PER CURIAM. Oil September 21, 1969, the appellants Ja tnes E. Groppi, Francis X. Blair, Ernesto Chacon, Betty Harris, and Lawrence Gantt were arrested in the city of Brookfield, .in, for picketing before and about the residence of Assemblyman Kenneth ?.Terkel, in violation of sec. 9.25 of the city BE �?) It shall be unlawful for :u1y Et to cngarc it' Picketing bcfo the residence or dwelling o i;,dividual, tiotliing herein sha dcenied to prohibit (1) Picketing i l,lwful manner during a labor d. „f the place of employment Ihe n ol, uch labor dispute, or (2) meeting or assembly on any P Commonly used for the discussion jests of general public interest." her has been filed in this coils ie< o „i;ttion of the parties that this case. ppea rinte iced is the constitutionality of city of !,tcrmined by the court oil T rookfidd's ordinance, which reads as foi- i l without oral arg tvs : ;titutionality of an identical city o „rohibitillg residential picketing w I, this court on January 81 1971, in Of \Vauwatosa v. King, 49 Wisc.2 W 2d 530. The decision in the i determinative of the issues rais ,,,peal and we hold the city ordin. .l.cr 5.02 of the city of Brookfie .titutional and thermoset affirm mcnt and order aPP Judgment and order affirmed. "9.25 Residential Picketing Prohibited. (1) Declaration. It is hereby declared that the protection and preservation of tite home is -the keystone of democratic government; that the public health and welfare and the good order of the com- tmuiity require that members of the coin - munity enjoy in their homes and dwell- ings afeeling of well-being, tranquility, and privacy, and when absent from their homes and dtivellings, carry with them the sense of security inherent in the assur- ance that they may return to the enjoy- ment of their homes and dwellings; that the practice of picketing before or about residences. and dwellings causes emotional disturbance and distress to the occupants; obstructs and interferes with the free use of pul;lic sidewalks and public ways of travel; that such practice has as its object the harassing of such occupants; and without resort to such practice full opportunity exists, and under the terms and provisions of this ordinance will continue to exist for the exercise of free - door of speech and other constitutional rights; and that the provisions herein- after enacted are necessary for the pub- lic interest to avoid the detrimental re- sults herein set forth and are enacted by the Common Council of the City of Brookfield pursuant to the provisions of Section 62.11(5) of the Wisconsin Stat- utes. w p 5 iET NUMBER SYSTEM i Charles BECKER+- v. Gerald E. 13ATINES et at., Re No. 229. Supreme Court of Ni isc !'larch 2, 1971. Action for personal inju legedly resultedd, from automo accident. Tile Circuit Court County, Harold \I. Bode, judgmctlt for defendant, an pealed. The Supreme Cou J., held that testimony of def slid not hear anything come 184 N.V/.Zd-7 , 2d SERIES ,oklield code of ordinances (also rn as Ordinance 5.t12), which prohibits dentin! pickelin,;. On January 22, 1970, v•ere found finny and a forfeiture imposed by the county- court of 'au- ra county after a trial. A motion to dis- on the ground t}ic city ordinance was nstitutional was denied.. Ou April 2-1, all appeal to revie•, the judgment of viction and the ord,•r denying dismissal affirmed by the circuit court of Wau- ia county; such affirmance was then 'caled to this, court. The sole question ed is the constitutionality of city of okfieldis ordinance, which reads as fol- 19.25 Residential Picketing Prohibited. (1) Declaration. It is hereby declared at the protection and preservation of lie home is the keystone of democratic -overnment; that the public health and •elfare and the good order of the com- unity require that members of the com- nuriity enjoy in their homes and dwell - rigs a feeling of well-being, tranquility, nd privacy, and when absent from their tomes and dwelling, carry with them the ease of security inherent in the assur- uce that they may return to the.enjoy- tent of their homes and dwellings; that tie practice of picketing before or about. esidences and dwellings causes emotional disturbance and distress to the occupants; )bstrlicts and interferes with the free use of public sidewalks and public ways of travel; that such practice has as its nhjcct the harassing; of such occupants; :Ind without resort to such practice full ol,f•�irturiity exists, and under the terms ;ttiti provisions of this ordinance will ,--ttinue to exist for the exercise of free- ,;n Of speech aml other constitutional ri_hts; and that the provisions hercin- :tftcr enacted are necessary for the pub - ix irit,-rest to avoid the detrimental re- V;lt" herein 'set forth and are enacted by nl,,• Conitilon Council of the City of l.crt„kfiel"l pursuant to the provisions of <etion G'.11(5) of the Wiscol- Stat- BECKER v. BARNES Wis. 97 Cite ac ISt \.R' '2d 97 (2) It shall be unlawful for any per- f - son to engage in picketing before or about the residence or dwelling of any individual. Nothing herein shall be deemed to prohibit (1) picketing in any lawful manner during a labor dispute of the place of emplOYmeta invOlved m such labor dispute,. or (2) the holding of a meeting or assembiy on any premises commonly used for the discussion of sub- jects of general public interest." There has been filed in this court a stip- ulation of the parties that this case may be determined by the court on printed briefs and -vvithout oral arguments. The con- stitutionality of an identical city ordinance prohibiting residential picketing was upheld - by this court on J.ariivary S, 1971,.in the City of Wauwatosa v. King, 49 Wisc 2d 398, 182 N.W.2d 530. The decision iti the King Case is determinative of the issues raised on this appeal and we hold the city ordinance num- ber 5.02 of the city of Brookfield is con- stitutional and therefore affirm the judg- ment and order appealed from. Judgment and order affirmed. w _ p S'KET NUMBER .I SIEM T Charles BECKER, Appellant, V. Gerald E. BARNES et al., Respondents. No. 229. Suyrronie Court of Wisconsin. ,\larcli 2, 1971. Action for personal injuries which al- Icgedly resulted front automobile -pedestrian accident. The Circuit Court for Kenosha County, Harold M. P,ode, J., rendered judgment for defendant, and plaintiff ap- pealed. The Supreme Court, Heffernan, J., held that testiniony of defendant that he did not }tear anything cone in coutact with 184 N.W.2d-7 his vehicle and heard no shouting rom pe destrian indicating that there had been in accident and testimony of following motor- ist that he saw no pedestrian conic in con- tact with defendant's vehicle, was positive in nature, though it negated pedestrian's assertion that he had been struck by vehi- cle operated by defendant, and, thus, testi- mony was. sufficient to support- verdict. ; Affirmed. 1. Evidence 0-142, 566(1, 3) Testimony which denies the happening of an event because the witness was not in the position to know whether or not the event took place is entitled to little or no probative value; however, mere fact that testimony negates occurrence of an event does not make such testimony infirm when the %v.1tnesses state they were in a position to know what happened and when they state that the act alleged did not occur, since such testimony is "positive testimony" and is entitled to the same credibility in the eyes of the law as other testimony. See publication Words and Phrases for other judicial constructions and definitions. 2. Automobiles C- 244(6) Testimony of motorist that he did not hear anything come in contact with his ve- hicle and heard no shouting from pedestri- ans indicating that there had been an acci- dent and testimony of following driver that he saw no pedestrian come in contact with preceding vehicle, was positive in nature, though it negated pedestrian's assertion that he had been struck by motorist and; thus, testiniony was sufficient to support verdict in favor of motorist. This is ;itt action for personal injuries w}rich ;tllcgedly resulted from an automo- bilr-pedestrian accident in the city of Kc- nit-ha on 'larch 2', 1966, The plaintiff, apl,,.ii,tnt herein, commenced an action al;ainst Gerald i-. Barnes and his insurer, r`? Wis. 183 1,012TH W.F.STEIRN FEPORTER., 2d SERIES t.V seriousnc_,s of differing cringes as wcll as the appropriateness of sentences irnpo>cd CITY OF WAUWATOSA, Respondent, within statutorily set niaxinrurns. V. Prophecy is always a risky undertaking, but the writer has some doubts about the majority opinion's prediction that "a by- product of a reasonable review of sen- tencing by an appellate court" tnay welt: be the "diminution of the appellate court's workload by reducing appeals on the merit." It may be that the convicted crimi- nal who has neither the law nor the facts on his side will be reduced to complaining about tlue sentence: However, . it is is likely that he will add a complaint as to the sentence to other points raised on appeal or by writ. The shotgun, not the rifle, is the model for most appeals in criminal cases. The concurring ophiion relates a rccittc- Lion of sentence in this case to the matter of "p,reat disparity (in sentences imposed} in substantially similar cases." Case -by -cast adjustment downward by an appellate court is hardly an answer to so complex a prob- lem. As the writer pointed out, concurring in Riley v. State (1970), 47 Wis.2d 801, SOS, 809, 177 N.W.2d 838, 842, the "various pro- posals for legislative• action., to promote greater uniformity in sentencing proce- dures " * limit the reviewing agency created to eliminating- disparate -results, avid autuoriie adjusting sentences up or down to further this goal. *. * * " In any event, as stated in Riley, the writer believes that, under our form of government, the "discus- sion and decision in this area belong to the L islative branch of our government, not the judicial.'. If guidelines there are to be, however or by whom established, the writer would hope that they would include re- serving to trial judges the right to impose a rnaximum sentence where a convicted de- ff:ndant makes clear that he will repeat the offense or violate the laws as soon as he i (riven the opportunity to cto so. The people are entitled to the fair and firm enforce- ment of criminal laws, including protection against repetition of the sarie offense by the saTrc offender. The writer would affirm. Thomas J. KING, Appellant. No. 218. Sup reme Court of Wisconsin Jain. 8, 19.71. Defendant was convicted before t}tc 1 Circuit Court, Milwaukee County, Leander J. Foley, Jr., J., of violating ordinanc making it unnlawful to picket homes, an.. he appealed.. The Supreme Court, Robe:: Itansea, J., held that ordinance whic' makes it unlawful to picket homes except with respect to picketing in lawful manner (luring labor dispute of place of employ- rnent involved in such dispute corstitute� reasonable ezcrcise. of power to -protec! privacy and tranquility of homes and doe, '- riot deny equal protection. Af f irnied. 1. Constitutional Law 0-90 Freedom of speech is to be jealousl} guarded, but, if intertwined with conduct. total freedotn stops and right to regulate begins.. U.S.C.A.Const, amend. L. 2. Labor Pelations C-294 Municipal Corporations C-703(2) Tl;ough. t}nere is right to regulatt• picketinf�, dectorstrating and parading, wr such public control or lin;itation must Lc based on furtherance of state interest. U.S.C.A.Const. Amend. 1. 5. Constitutional Law 0-212 Ordinance which makes i picket homes except with i ;eketing in lawful manner (it ,li=piste of place of employment .itch dispute constitutes reaso rise of power to protect privac ,;uility of homes. and does not. protection. NV.S.A. 62.11(51; (.'oust. Amends. 1, 14. 6. Constitutional Law 0-90, 91 Constitution does not bar e laws regulating conduct,even nected with speech, press, as petition, if such laws specifica -oaduct deemed obnoxious au� fully and narrov.ly aimed at su conduct. U.S.C.A.Const. Am] FACTS This appeal is from a judg fiction on charges of violatin '1.19 of the city of Wauwatos unlawful, except in certain s " * * engage in picketin about the residence or dwellin dividua1. * * *" The defendant, Thomas J. f fit e'in:li . ia'_t 21s charged a of violating said ordinance. I representative of District servicing mcp,-'b,ers of Local filiate local representing cus tcnance and cafeteria workers N%atosa scll00 ioard. On April 17, 1968, mernb 1S61 began picketing at va 3. Constitutional Law C�8i schools in the city of Wauw t;ection with a labor dispt IZii ht to protect tranquility of co;n• school board employees an muitity includes right to protect tra i k,oard. quility in individual homes. On June 12, 1968, the defe d. Corstitvilonal Law C--90 to 35 other persons picketed sch,,ol board president Arnn Prohibition of picketing, dctnonstrat r,i urc,t.n;; c.=and forth on in- and parading in certain ciesignate<i arc in front of tl Mueller reside is not constitutionally prohibited, f i 2d SERIES ti WAUWATG_:SA, Respondent, s V. rtas d. i'ING, �:U?ellant. No. 21°. reuie Court of �� i eonsin. t 1 ev Gant was e icted before tl urt, �Iilwaukce County, Loaml Jr. J., of violating ordinan• uulav; ful to picket homes, at• ' The S,ipreme Court, j , held that ordinance whic unlawful to picket homes "Ce! cct tq picketing in Mjful ma nn: :i,or dispute of place of eniplo.r rli cd in _st:ch dispute constitut(. ,e exercise of pox,cr to . protcc �tnd tranquility of homes and (10- r equal protection. firmed. .itutional Laav, C�90 edom of speech is to be 1, but, if intert,vitied with conchs.'. ree.dom stops and right to U.S.C.A.Const. Amend. } CITY OF `,, AUNVA T GSA V. KING cite, n is-- x. N ..^d Aso 5. Constitutional Lath r 212 ordinal' which manes it unlawful n to picket honi: s except wit}i respect to picketing in lawful ni-tillduring labor dispute of place of employment ttivolVed in ;llch dispute constitutes reasonable exer- cise of power to protect privacy and tran- iluility of homes and does not deny equal protection. W.S.A. 62.110) ; U.S.C.A. tonst. Amends. 1, 14, ,r r�efations c�?0`1 - sieipal Corporations C=703(2) hough there is right to regtil:i: ;my, demolistrating and parading, ;s public control or linnitatiotl mtist ` on furtherance of state intc"" ;.A.Const. Amend. 1. nsti#utional Lavt C�81 to protect tranquility of includes I I;, t to protect ty, v in individual home>. ,nstitutional t_afv C '`90 i;,,. 6-constitutional Law 0a90, 91 Constitution sloes not b encliaocttnugh en o 1f laws regulating conduct, assembly and ,,coed with speech, press, n, if such laws specifically bar only tctitio conduct deemed obnoxious and are care- fully and narro•.vly aimed at such forbidden -Conduct. U.S.C.A.Colnst. Amend. I. Prohibition of l:icl;c:tjlig, demon l' p radiri in certain dcsll;nated �lrollibited. of coustitiltiau..11y , FACTS - .. Wis. 531 lice arrived on the scene. They notified the picketers that they were violating the city ordinance. After allowing a reason- able period of time for dispersing, the po- lice arrested five persons who had con- tinued picketing, including the defendant. oil june 13, 196S, the defendant and others picketed at the home of school board member Charles Arps. There being no sidewalk at the Arps residence, the --picketing was Oil the property of the home- owner.. The police ' arrived and placed the defendant and others under arrest for vio= lating the anti -home picketing ordinance. Section 9.19 of the ordinance of the city Of %Jauwatosa provides_ This appeal is from a judgment of cotl- fiction on charges of violating ordinance 4.19 of the city of Waux'atosa, inaku"g it unlawful, except in certain situations, to * * engage in picketing before or ;•bout the residence or dwelling of any in- clividual. The defendant, Thomas J. King, is one of five individuals charged and convicted of violating said ordinance. He is a staff representative of District Councils, �crvicing members of Local `1�61, an af= filiate local representing custodial, In, nance and cafeteria workers of the ��'ati- %%atosa school board. On April 17, 196,9, members of Local 1;61 began picketing at various public drools in the city of Wauwatosa in con- r.c tioi with a labor dispute involving .:hool board eniployces acid the school lar<l. On June l2, 19CxS, the defendant and 2 .15 other persons picketed the Komi o tool board president, Armand \t1lelle ark: hack and forth on the s rile al l front of the \iuel!cr residence. "Che o Declaration. It is hereby declared that the protection_ and preservation of the home is the keystone of democratic government; that the public health and welfare and the .good order of the com- munity require. that members of the. community enjoy in their .homes and dwellings a feeling of well-being, tran- quility, and privacy, and when absent from their homes aria dwellings, carry with them the sense of security inherent in the assurance that they may return the enjoyment of their homes and dwell- ings; that the practice of picketing be- fore or about residences and dwellings causes emotional disturbance obstruct,, anand dis- in- tress to the occupants; ter•fers with the free use Of.public side- walks ways of travel that walks and p �y such practice has as its object the harass- ing of such occupants; and without re- sort to such practice full opp exists, and under the terms and provi- sions of this ordinance, will continue to exist for the exercise of freedom of speech and other constitutional rights; and that the provisions hereinafter en- acted are necessary for the public ill- ; terest to avoid the detrimental results f herein set forth anct arc roasted by the r uxa- Common Council of tile o ,ty of isio 1 `of tSee- k tosa pursuant to the p tion 62.110) of the Wi;cousin Statutes. 532 Wis. 182 NORTH WESTERN REPORTER, ER, 2d SEPiES "(2) It stall be unlawful for any person to engage in picketing before or about the resideitce or dwelling of any individ- ual. - otilir.g herein shall be deetned to 1. Are picketing, demonstrating and pa. rading constitntionally protected against.any public regulation? prohibit (1) picketing in any lawful Here we have 25 to 35 persons march. manner during a labor dispute of the ing up and down, in one case on the side - place of employment involved in such la- walk, in the other on the lawn, in front of bor dispute, or (2) the holding of a meet- homes of members of the local . school ing or assembly on any premises Com- board. This is not the -traditional trade monly used for ti:e discussion of subjects union picketing of a- place of employment of general public interest." during a labor dispute to discourage other workers and patrons from crossing a picket The defendant u,'as initially charged in line. Initially, the picketers had done their the municipal court of the city -of Wauwa- marching in front of school buildings at tosa. Dn December 2, 1965, the defendant which they , were employed. However, was .found guilty as charged- of violating when local press, radio and TV outlets ordinance 9.19. An appeal was taken to - paid no attention to their efforts, it was de - the circuit court. cided to picket the ponies of school board On September 5, 1969,: the defendant was members to secure news media attention, found guilty as charged in the circuit which was thus secured. Why the media court for :Milwaukee county and fined tound greater new or shock value in the $25.00 plus costs. On September 30, 1969, shift of locale is left unexplained. The judgment was entered. Front that judg- homes here picketed were selected as tar- nictit defendant appeals. gets as a device or tactic to secure mass media attention. Such use of picketing, Goldberg, Previant & Uelinen, IMilwau- demonstrating and parading to secure pub- kee, for appeLant. licity is by now a familiar plienomenon.t It is -clearly related 'to the communication George R. Schimmel, Sp. Asst. City of ideas and constitutional guarantees of Atty. for City of Wattwatosa, :Milwaukee' free speech, press, assembly and petition. for respondent. Is it thereby insulated against any public control or regulation in ary degree or for t OBF. T �jy.. l�_1 4.1.�i, justice. any p:tr7?ose? . Can a city by ordinance or a state by statute prohibit picketing before or about the home or (!%yelling of any individual in the community? An.sweriu; that question raises several additional questions that must be asked and a1lSWered in turn. .' * * x [G]roups adopted plans un- der trhi.li they inarelwil on the streets carryin,, !Awards, r+ariting, and sizi ing so;.,;+, a:i desigvwfl to pubG,-ize their t;rie an !., and to petition the various Unit+; of goi'Frn,af'tlt, Rtate :illd nati()naI for a rrdr:•ss of their grievance?. 'Their nctivitic:; a ov;, thr:<e line:; quire obviously. aror,,:1 emotional f V1ints both on their pnrt, and on the part of others who opposed t?:e changes in local laws and The niassing and marching of 25 to 3; picketers on the lawn or sidewalk of a `. man's home involves more than the con- veying of information to him or his neigh- born. Even as to media coverage, it would be naive to believe that reporters and T%' cameramen assembled to record and report t what was lettered on the placards the customs which the `picketers' and `demon- strators' advoc itrd. * * * _This Court * * * has had its diffieudties and sharp differences of opinion in deciding the pre- cise boundaries dieiding what is constitil- tionally t:crmissible and imperniissiblo in this, fieltl. * * " -Mr. Justice Black, in concurriil„ otiillion, Gregory V. City of Ghi �lgo (1"C`d}, �291 U.S. 111, 114, S9 S. Ct. 91,110, 318, 22 L..:d.2d 134. CITY marchers carried. That opportunit, Lad passed up when the placards earlier carried in front of school bui What is involved is a process more Alex than conveying informatiom2 is involved is conduct, as well as wo ideas. (1] Examination of United State preme Court decisions on this poil veils that earlier intimations that pick might be no more than a communic of ideas,3 have had to yield "'to thj pact of facts unforeseen,' or at leas! sufficiently anticipated."4 One such clearly is that the element of ph� patrolling in picketing itself can it action very different from the poitj view being communicated.5 In a nw of cases the United States Supreme, has made clear the, fact that pickelin; voh•es more than an exercise of j speech, and that the conduct involvd subject to public regulations Freedo> speech is to be jealously guarded, but, v intertwined with conduct, total free stops and the tight to regulate bey 2. " * * * our Federal Constitution do not render the.States powerless to•re� late the conduct of demonstrators at� picketers, conduct which is more thl `speech.' m,vre than `tires",' more th tts cmbly;' and more than `petition,' i tho,e terms are used in the First' Amend ment. -Narrowly drawn statutes regil lating the conduct of demonstrators an picketers are not impossible to draft * * * " Id. at page 124, 89 S.Ct.: page 953. 3. .See Mornhill v. Alabama (1940), 311 U.S. 88, 60 S.Cr. 7396. 84 L.Ed. 1093 Carlson c. California (1940). 310 U.S 106, 60 S.Ct. 746, 8•1 L.Erl. 1104. 4. International Prother•hood of Teamsteri Local 69.5) v. Vogt, Inc. (1957)r, 354 U.- :'84, 2 9, 77 S.Ct. 116t), 1169, 1 L.Ed.2i 1347. 5. Hughes v. Superior Court (19a0), 3:A U.S. 460, 70 S.Ct. 718. 94 L.Ed. 95 E• * * [I] t has never been deeuiei an abridgment of freedom of speech o_ press to make a course of conduct illera merely because the conduct nits in liar SERIES S Picketing, demonstrating and pa 'ng constitutionally protected inst any public regulation? we have 25 to 35 persons march - and down, in one case on the side- i the other on the lawn, in front of of mcmb�,rs of the local school This is not the traditional tra(te )ieketing of a place of employment a labor dispute to discourage other s and patrons from crossing a picket nitially, the picketers had done their ag in front of school buildings at they were employed: However, local press, radio and: TV outlets attention to their efforts, it was de- o picket the hollies of school board rs to secure re•,v s media attention, was thus secured. Why the media greater new or shock value in the if Iocale is left unexplained. The here picketed v;ere selected as tar - a: device'or tactic to secure mass attention. Such use of picketing; strating and parading to securc_jub- s by now a familiar phenomenon., learly related to the communication a.s and constitutional guarantees of peech, press, assembly and petition. iereby insulated against any public 1 or regulation in any degree or for : pose ? 3 CITY OF WAUWATOSA. v. ICING `Y1S. 533 Cite as 382 XAV.2d 530 marchers carried. That opportunity they Picketing, demonstrating and parading in- - had passed up when the placards were votve conduct that can be regulated.s Lib- . earlier carried in front of school buildings. erty, constitutionally guaranteed, demands What is involved is a process more com- a society capable of maintaining public or- plea than conveying information.-' 11%hat der, a public order That necessarily regu- ' is involved is conduct, as well as words or lates coriduct 9 ideas. [l] Examination of United States Su- preme Court decisions on this point re- veals that earlier intimations that picketing might be no 'more than a communication of ideas,3 have had to yield "'to the im- pact of facts unforeseen,' or at least not sufficiently anticipated," Ope such fact, clearly is that the element of physical patrolling in picketing itself can induce action very different from the point of view bei, g communicated.i' In a number ' of cases the United States Supreme Court has made clear the fact that picketing in- volves more than an exercise of free speech, and that the conduct involved is subject to public regulation.6 - Freedom of speech is to be jealously guarded, but, when intertwined with conduct, total, freedom stops and the right to regulate begins.? . 2. " * * * our federal Constitution does not render the States powerless to regu- late the conduct of demonstrators and picketers, conduct which is more than `speeeit.' tuore than `press.' rnore than as and more than `petition,' as those terns are used in the First Amend - massing and marching of 25 to 3 ment. Narrowly than n statutes regu- lating the conduct of demonstrators and rs On the lay, n or sidewalk of a picketers are -not in)possibie to draft. home involves more than the con- * * " . Id. at page 124. 89 S.Ct. at of information to him or his neigh -page, 953. Even as to media coverage, it would ve to believe that reporters and TV amen assembled to record and report was lettered on the placards the toms Which the `pi(-keters' and 'den)on- rt:rs' advocated. " * * This Court * has had its difficulties and sharp Pret)ees of opinion in deeiding the pre - boundaries dividing trliat is constitti. permissible and impermissible in field, * a * " Mr. Justice Flack, ''iturriug opinion. (. ro ory v. City of -to MG9), ail t U.S..111, 114, 89 S. LIP;, 94-8, 22 L.Ed.2d 134. 3. ,See Thornhill v. Alabarna (1940). 310 U.S. SS, 60 R.Ct. 736, 84 L.Ed. 1093- Carlson v. California (1940). 310 U.S: 106, 60 S.Ct. 746, 34 L.Ed. 1104. 4. International Brotherhood of Teamsters Local 693) v. Vogt, Tile. (1957),, 354 U.S. 234, 259, 77 S.Ct, 1166, 11G9, 1 LJ7d.2d 1347. 5. Hughes v. Superior Court (1950), 339 U.S. 460, 70 S.Ct. 718, 94 L.I:d. 98.5. 6- "* * * [11t has never been deemed an abridgment of freedon) of speech or press to make it course of conduct illegal merely because the conduct wits in part 2. Is there a right to enjoy well-being, tranquility and privacy. in one's home? [2) While there is a right to regulate picketing, demonstrating and parading, any such public control or limitation must be based upon the furtherance of a state in- terest.10 Is it such proper interest of the state to insure, in the words of the Wauwa- tosa ordinance, "that members of the com- munity enjoy in their homes and dwellings a feeling of well-being, tranquility, and pri- vacy"? The premise of the ordinance is that "the public health and welfare and the good order of the community" require such protection of homes and residences in the city. The "well-being and tranquility of a community" are also "'set forth as purposes to be served. -They are legitimate objects of state or city Iegislative enactments be - initiated, evidenced, or carried out by meuns of language, either spoken, written, or printed. * * * " Giboney v. Eru- pire Storage S. Ice Co. (19491, 336 U.S. 490, 502, 69 S.Ct. GS4. 694, 93 L.Ed. 334. Sce alto: Carpenters and Joiners Union of An)erica Local 1o. 213 v. Rit- ter's Cafe (1942), 315 U.S. 722, 62 S.Ct. 807, 86 4141. 1143. 7. Anudgamated Food-Etnployees Union Lo- cal 590 v. Logan Valley Plaza, Ine. (196S) 391 U.S. 308, 313, 88 S.Ct. 1G01, 20 L.Ec1.2t1 603. 8. " * * * Speech and press are, of course. to he free, so that public matters can be discussed with impunity. I:ttt picketing :urd demonstrating can he r(,gu- lated like other conduct of then. Mr. Justice L'lacI in concurring opinion. Gregory v. City of Chicago, .Ni,pra, 394 U.S, at page 12-5, S9 S.Ct. at page 95-4. 9. COX v. Louisiana W)65), 379 U.S. :"106, :)54, tii S.Ct. 453, 464, 13 L.Fw1.2d 471. 10. International L'rotherhood of Teamsters, Local W)5 v. Vogt, Inc.. .-Pra, 3.54 U.S. lit page 293, 77 S.Ct. 116(l. 534 Wis. 182 NORTH WESTERN REPORTER, 2d SERIES yond the fact of their relatedness to health, morals or safety." [3] The right to protect the tran- .quiiity of the community certainly includes the right ti):. protect tranquility of individ- ual homes. If tranquility is not protected at the level of the home, it can hardly be preserved at the level of the community. The safeguarding of the home is a vital public interest." That references to the right to be undisturbed in one's own home are brief, almost casual, in United States Supreme Court decisions must he taken to mean that this fundamental right is con- sidered beyond challenge,- not needing fre-• quent defense. For example; the Coiirt speaks of the " * * * unanimity that: opportunists * * * cannot be permitted to arm themselves with an acceptable prin- ciple, such as * * * a free press, and proceed to use it as an iron standard to smooth their path by crushing the living rights of other; to .privacy and repose." 12a Passengers on public transit vehicles, ob- jecting to piped -in radio music, were told 11. " * * * The police power of a state extends beyond health, worlds an(] s:1fety, and comprehends the duty; zF'ithfn eonsti- tiitio: ,`.orr::. to protect the well- being a.:;: tranquility of a community. * * * " Kovacs V. Cooper (1940) 336 U.S. 77, 83. fig S.Ct. 443, 451, 93 L.Ed. 513. 12. " * * * `Certainly the safeguarding Of the lroruc does not follow- merely from the sanctity of property rights. The honie derives its pre-eminence as the seat of fancily life. Atttl the integrity of that life is something so fundamental brat it has been found to draw to its protection tire priueiples of more than one explicitly granted Cullstitntional right, * * *' The entire firbricof the Constittrtiml and the purposes r!r at clearly nnderiie its spe- cific guarantee,, demonstrate that the rights to 1:1:1:-itti) privacy and to marry and raise a family nre, of similar order and tnagrutude :lN the fundamental rights speciieaily prnteetcd." Justice Goldberg, in eoneuriing opinion, Grisivold v. Con- uecticnt h'rf;5 , 3 ( ) 41 U.S. 479, 1,,.4n_ ,, S.Ct. 1678, 1667, 1.1 LEAL-I d 510. by the Court that they wrongly assumed that they had " * * * a right of privacy substantially equal to the privacy to which he is entitled in his own home. * * * 11 13 In a recent case dealing with the picketing of a privately owned shopping center, the Court stated, "* * * However, unlike a situation involving a person's home, no meaningful claim to protection of a right of privacy can be advanced by respondents here. * * `I In a very recent case, upholding a statute that provided that a householder who receives pandering -type advertisements may require that the mailer remove his name from its mailing list and stop all future mailings, the Court_stated that " * * * Nothing in the Constitu- tion compels unto listen to or view any un- wanted communication, whatever -its merit; * * * " 15 A man is not to be made a captive in his own home. Neither is he re- quired to defend it, as some new Alamo, against unwelcome intruders or disturbers. It is a proper serving of a proper state interest for a state or community to seek to protect the privacy and tranquility of the homes of its residents. 12a. Lreard v. Alexandria (1951), 941 U.S. 622. s_s, sss, 71 S.Ct. 920, 923. 95 L.Ed. 233 - 13. Pabiic Gtilities Comm, of the District Of Columbia V. Pollak (1952), 343 U.S. 451, li34, 72 S.Ct. 813. 821, 96 L.Ed. loss. 14. Amalvaatated Food Employees Union Local' 5W v. Logan Valley Plaza, Inc., supra. 391 U.S. at page 324, S.3 S.Ct. at page )fill. IS. " * * * Tire ancient concept that 'a inan's ironic is his castle' into which .not even the ling may enter' has lost none of its vitalitY, and none of tire ree- ognized cseeptions includes any right to eomntunieato offensively with another * * * [ N J o one has a right to pre." even 'good' ideas on an unwilling reeilrient. That we are often `,•aptives' outside the sallctunry of the home and subjeet to Objectionable sp-erh anil other sourul does not mean we must be captives every- where. * * * " ROL1an v. United Strttes Post Office Dent. (1970), 397 U.S. 728, 7,17, 73:3, 90 S.Ct. 1=131, 25 L.Ed. 2d 730. CITY OF 1 Cite 3. Can a cunstitutionally valid limita on picketing be based upon the to of such picketing? The Wauwatosa ordinance is clear and sharply limited to picketing "befor about the residence or dwelling of any. . dividual." It did not affect the ea picketing in this case at school building the city. It does not affect pickets demonstrating or parading anywhere in city except "before or about the reside) or dwelling of any individual." This d stitutes a limitation on the right to pid based not upon the nature or purpose of picketing but upon the .place of the pick ing. Is this permissible? i [4] Decisions of- the.United. States preme Court make clear that a prohibit, of � icketin' picketing, demonstrating and parad: in a certain designated area is not con; tutionally prohibited. The state inter Justifying such area -based controls is } orderly functioning of the activity carrl on in such areas, an activity that w l be interfered with by the presence of pi, cts, demonstrators or paraders. 't'I! Court upheld a Louisiana statute prohif itig picketing near a courthouse with into to obstruct iustice,ls saying of that st1i itte, "[i]t prohibits a particular type conduct, namely, picketing and paradil in a few specified locations, in or n'i courthouses."" A ban on picketing bag on the situs or place of picketing was q held. In another case, the Court uph the conviction for trespass upon cout! 16. Cos v. Louisiana, supra, footnote 9. 17. Id. 379 U.S. at page .562. 85 S.Ct. at�! page 479. 18• "* * * [Tlhere is no merit to the! petitioners' argument that they had a; constitutional right to stay on the prop- erty, over the jail custodiatr's objectlous. bemuse this 'area chosen for the peace- i ful civil rights demonstration was not' only I "re;ison:rble" but also particularly appropriate * * *.' ': iwh an argrinteut l hats as its major unarticuiated premise the assumption that people who want to prop;rgautlize protests or views have it eoastitutional right to do so whenever' they wrongly assumed * * a right of privacy to the privacy to which Own home. * * * " 13 aling with the picketing led shopping center, the * * However, unlike n_, a person's ]ionic, no o protection of a right dranccd by respondents In a very recent case, e that provided that a receives parrdcrin,-type require that the mailer rom its mailing list and flings, the Court stated "otizing in the Cotistitu- fsten to or view any un- ion, whatever -its merit; n is not. to -be made a tome. Neither is he re- , as some new Alamo, intruders or disturbers. ing of . a proper state or community to seek y and tranquility of the ria (1951.). 341 U.S. t. 920, 923, 95 L.Ed. min. of the District tk (1952), 343 U.S. 813. 821, 95 L.Ed. rn d Employees Union Valley Plaza, Inc., age 324, 83 S.Ct. at ancient concept that iris castle' into which may enter' Las lost and none of the rec- includes any right to tsiVely with another lifts a ri;ltt to press an unwilling reeipient. `captives' outside the home and subject to t and other sound does t l!e Captives every - Rowan v. United (1970), 397 U.S. S.Ct. 1484, 25 L.Ed. CITY OF NVAU 4vATOSA v. ICING Wis. 535 I Cite it, tIS2 -N.w.^-d 530 3. Can a coustitithonolly valid limitation jail premises of a petitioner who claimed oil picketing be based upon the locale he was seeking to exercise First Amend - of such, picketingf meat rights in protesting jail policies. The Wauwatosa ordinance is clearing Though not a picketing case, the Court and sharply limited to picketing "before or recognized the state's right to protect the about the residence or dwelling of any ,iti- jail area for security reasons.18 In a third dividual." It did not affect the earlier case, case the Court upheld the conviction under picketing in this case at school buildings in the anti-picketing law, which, the city. It does not affect picketing, as applicable, prohibited "picketing { demonstrating or parading anywhere in the in such a manner as to obstruct or unrea- city except "before or about the residence sociably interfere with free ingress or or dwelling of any individual..". This con - egress to and from any COtlllty -stitutes a limitation on the right to picket courthouses - * * * " 13 AS in t o.r, based not upon the nature or purpose of the the Court found the area -based ban on picketing but upon the place of the picket- courthouse picketing to be a furtherance ing. Is this permissible? of a proper and substantial state interest. [4] Decisions of the United States Su- preme Court make clear that a prohibition of picketing, demonstrating and parading in a certain designated area is not consti- tutionally prohibited. The state interest justifying such. area based controls is the orderly functioning of the activity carried on in such areas, an activity that would he interfered with by the presence of pick- ets, demonstrators or paraders. The Court upheld a Louisiana statute prohibit- ing picketing near a courthouse with intent to obstruct justice,%$ saying of that stat- ute, "[i]t prohibits a particular type of conduct, namely, picketing and parading, in a few specified locations, in or near courthouses." 27 A ban onpickctin& based on the sites or place of picketing was up- held. In another case, the Court upheld the conviction for trespass upon county 16. Cox v. Louisiana, mipra, footnote 9 17. Id. 379 U.S. at page 562. S5 S.Ct. at page 479. 18. "* * * [T)here is no merit to the petitioners' argument that they hml a constitutional right to stay on the prop- erty, over the jail custodian's objeeti ws, beenuse this area chosen for the pe: ve- ful civil rights demonstration xvas nut only "reasonable" but also partieu1:111Y appropriate * * *.' Sul' It an,irgunn•nt has as its major unarticulated pren)ise the ;Issttinptiult that people Who %%.)lilt to propagandize protests or vie%vs have it constitutional right to do so wlivitmcr While these cases relate to public func- tions being carried out in public buildings, that factor does not affect the right to limit picketing on an area basis nor the .requirement that a proper state interest be served by the limitation. Rather, as AIr. justice -Black concludes, the result is: " *- * * Plainly, however, no man- date in our Constitution leaves States and governmental, units powerless to pass laws to protect the public from the kind of boisterous and threatening con- duct that disturbs the tranquility of spots selected by the people for homes, wherein they can escape the burly -burly of the outside business and political world, or, for public and other buildings that re- . quire peace and quiet to carry out their functions, such as courts, libraries, schools, and hospitals." 20 and however and wherever they please. Tbat concept of cuttstitutiunal lavt ryas Vigorously and forthrightly rejected in t%vo of the ,uses petitioners rely on, Cox V. Lnni.i;tna. stryrra. 379 U.S. at 554- : ,.5 and : 63--:)ti1, N:) S,t.`t. at 404 and 4ti0, 13 1..1Ed.2d :It •1,s-1 ant1 491, 492. We rvi"'.t it ItgAll * « * " Adderley v. i"I"rida (11"0. U.S. 39. 47, 87 S.0t. 212. 17 i..t:l.'d 114. 19, t'aule•ruu t. .L+ besot% (1!q;S), 390 U.S. 20 L.Ed.2d 182. 20. Mr, ,lusti-, ]deck, in concurring opinion, CrtKIII-y V. t•iI) 'If Chicago. supra, 394 1 .�. )1I pa:a• I Is. `!1 sjlt. at page 1950, 536 Wii5- ' 182 NORTH WESTERN REPORTER., 2d SERIES 4. Is the ban on all fvrl,•etinq of hi,rwes reasonably required to Qrolect the Pri- vacy and tranquility of such hawses,' [5, 6] llefendant's reply brief appctrs to coeicedc that the city of Watnvatosa could draft a narrowly drawn ordin:uicc prohihiting dfsrrttiz c picketing; before or about the dwellings or residence of any individual.2t It is certainly true that an ordinance or statute that seeks to further a certain state interest must be sharply and strictly limited in its scope to pro- hibiting only the conduct that needs to he barred to accomplish such stated purpose."'= Parenthetically only, we make the com- ment that adding the word "disruptive" would have Harrowed the ordinance, but Might well have dune so at the expense of clarity. While, in Carwernn,23 the United States Supreme Court refused to find the statute prohihiting courthouse picketing which obstructed free ingress or egress "so vague that men of common intelligence mast necessarily guess at its meaning and differ as to its, appiication,1121 lack of vagueness is accepted as a- proper test. It is at least arguable that the word "dis- ruptive" shares the weakness of the phrase "disorderly conduct" which has been de- 21. " * * It is precisely heeause the - City of Wauwatosa ha:: refused to draft a narrowly drawn starlit.' forhidding rli.r- ruptice picketing that this ease is before the Court * * * " [I:mphusis not added.] Appeilant's Reply Iirief, at pogo 10. 22• " * * * [T)lte Constihition does not bar enactment of laws regulating eonthiet, even though connected with speech, press, asserribly. and petition, if snc!t laws spe- eifie;l ly bur only the conduct deemed ob- no::ions and are earefully and narrowly aiiurd at that forbidden conduct. * * *" Mr. :fti.��tice P,hu�k, in eoreurrino opinion, Gregory v. City of Chicago, supra, at page 118, 59 fi.Ct. at page 950. 23. Cameron v. ,Johnson, supra, footnote 19. scribed as "gathering in one comprehensive definition of ;in offense a number of words which have a multiplicity of meanings"'25 all inbuilt vagueness not cured by narrowed court construction " * * * if the nar- rowing construction is so unforeseeable that inen of common intelligence could not have realized the .]awls limited scope at the only relevant time, when their acts were committed, * * * "26 Narrowness is a means, not an end. It is a rricans of testing whether or not the regulation or prohibition is strictly limited to what is required to implement t`yc legiti- mate state interest being served. In Cox,27- the state's legitimate interest was that of protecting its judicial system, sa the re- striction on picketing or paradin 1.around the courthouse banned only picke ing and parading; "with intent to obstruct iustice." Ili Canicron; K the state's stated purpose was to ban courthouse picketing- only if clone " * * in such a manner as to ob- struct or unreasonably interfere ;with free ingress or egress to and from [stz3] coun- tY = * * courthouses, The ban was limited to and by the purpose sought to be served. In Adder-Y,29 the state's interest was in the security of the county jail premises, so the states power, 25. Mr. Justice Black, in concurrin^ opin. ion, Gregory v. City of Chicago, 304 at pages 118, 110, 89 S.Ct. at ;Page; the judge additionally comment- 171g: The trc•erage rterson charged with its violation is neee' .-4arily Jett uncertain as to what eondu,-z and attitudes of mind would be enou,-g-11 to convict tuirler it. «•ha, for ex;%rnWe, could possibly foresee wli;tt kind o% noise or pruteete(I si!ecrh w)ul:l he held to be 'improper'! * - $ " at page 1'> 1, 89 N.C't. at pa;:e 950. The t'lrrflorY c11 :111 was tried under she genera ilisorderiy, .eon - duet ordinance, neither the city not .:;tate then Laving all ordilum e or statuc-n� :for- bidding or regulating picketing in rez•=>den- tial neighborhoods.) 26. Id. at page121, 89 S.Ct. at page :iti> 24. Ill. :190 1?.S, nt page 6,f,, SS S.Ct. at 27. Cox v, Louisiana, supra, footnote �). pa,;c 1a:3R (('iting Connally v. General Construction Co. (1926), 261 U.S. 3Si, 28. Camcruit v. Johnson, supra, footrio,se 10. 46 S.Ct. 126, 70 L-Ed, 322), 29. Adderley v. su> 1'lori t 1a, r!r, footna.-,e 18. as the Court put it, was the " serve the property under it. the use to which it is la cated." 30 If we were dealing hibition on picketing or par a hospital, the necessity for hospital area, might well m for of noise the qualifying factor as to the reasonable latedness of a prohibition on the public purpose being serve here no decible reading is certify to the adverse impact and tranquility of having 25 ,t marching tip apA down in house. Isere the pudic purpose t is that "members of the co joy in their hoaes and dwell ing of well-being, tranquility a Can it be said that picketin about the house., ipso facto, d family well-beir•' and home tr dwelling place privacy? Is the ise of the Wamvatosa ordinan practice of picketing before o dences and dwelungs causes e turbance and distress to the o reasonable one? Tranquility a--,d privacy enough f!cwers, particularly in ling. Home is vhere the hus or both husband and wife com (lay's work, to .relax and pit cares of the outside world. Ho the wife expects, in addition t of the household and the care dren, to have seine moments o calmness. Home is where tl come not only to cat and sleep, i10 their homework and to go yard and play N -ith the young neighborhood, lIorne is ma most of them int<uigibles, not j And shelter, but ail opportunity iax and recharge flatteries for t Of such iligredients is trangt UP, -and privacy derived. Can ously contended t-tat the 25 to 30. Id. 182 1I.W.2d-341,1! CITY OF WAU ATOSA' v. Kr- t1• � is. 5 ? Cite ns182YIV"d5' crintr in one CornprellCris ive offense a number of words tultiplicity of nleallulgs," 2 ,less not cured by narrowed on " * * * if the nar- ction is so unforeseeable nmon intelligence could trot :Ile law's limited scope a, tilt time, when their acts * * * Ir za s a means, not an end. It testing whether or not the rohibition is strictly limited ired to implement the legiti- cst being served. Ire Cox,, tiniate interest Was that of judicial system, so the re- .keting or parding around banned only picketing and intent to obstruct justice." the state's stated purpose )urthouse picketing only if in such a manner as to ob- asonably interfere with free :ss to and from [such] coun- ourthouses. * . *" Tile ed to - and by the purpose served. In -iddrrlcy,'-t1 the was in the security of the emises, so the state's power, Black, in concurring opin- v. City of Chicago, supra, 394 118, 119, 89 S.Ct. at pares .;iid e additionally conlmeut- * The average person h its violation is necessarily in ns to what conduct and mind would be enough to er it. Who, for example. ly foresee what kind of noise 1 speceh could be held to be * ° * " at page 119, 89 e 950. Tile Gregory case R•:18 the general disorderly con- 1 ,,, neither the city nor state its, ordinaiwe or statute for- e :ulating picketing in residen- riniods,) :" 121, M S.Ct. at page 952 1;i1slana, supra, footnote 9. i'. Johnson, supra, footnote 19. r. Florida, supra, footnote 18. as the Court, put it, was the "power to pre- serve the pero-�sty under its control for the use to :a Plic#1 it is lawfully dedi- cated." 30 If v,;e were dealing with a pro- hibition on p%c-ting or parading,* outside it hospital, the ]leccssity for quiet in such hospital area might well make the fac- tor of noix th; qualifying and limiting factor as to the reasonableness and re- latedness of a>_ prohibition on picketing to the public Furpese being served. However, here no clecihe reading is required to certify to the adverse impact upon privacy and tranquillity of having 25 to 35 persons marching tip and down iri front of the house. Here the Public purpose to be served is that "mernLrs of the community en- joy in their hr,:nes and dWeilings a feel- ing of Nvell-bein-, tranquility and privacy." Can it be said that picketing before or about the house, ipso facto, disturbs such family we-Il-€,eir:g and home tranquility and, dwelling place privacy? Is the basic prem- ise of the Wau% atosa ordinance that "the practice of picketing before or about resi- dences and vioceilirgs causes emotional dis- turbance and distress to the occupants" a reasonable one? Tranquility and privacy are fragile enough flowers, particularly in a home set- titlg. Home: is where the husband comes, or both husband and wife come, after the day's work, to relax and put aside the cares of the outside world. Home is where the wife expec�-, s, in addition to the work Of the household and the -care of the chil- dren, to have some moments of peace and calmness. Home is where the children conic riot only to eat and sleep, but also to tlo their horne-work and to go out in the Yard and play- with the youngsters in the neighborhood. Home is many things, most of them intangibles, not just a house and shelter, but an opportunity to rest, re- lax and recharge batteries for the morrow. Of such ingredients is tranquility insde tip, -and privacy derived. Can it be scri- ously contended that the 25 to 35 picketers 1132 N.W.2�-341/, parading up and clown in front of the homes here involved did not adversely af- fect the well-60ing, tranquility - and pri- vacy of the folks at home in their homes? To those inside and to the neighbors, the home becomes something less than a home when and while the picketing, demon- strating and parading continue. Putting aside the not necessarily unreasonable fear of escalation —action and reaction between picketers and spectators —the very fact of the physical patrolling and marching by the group of uninvited and unwelcome pa- raders creates pressure. The newsworthi- ness of the situation stems in part from the tensions created .and. pressures -focused on the home. Such tensions and pres- sures may be psychological, not physical, but they are not, for that reason, less inimical to family privacy and truly domes- tic tranquility. If, as we have said, it is a proper public purpose to protect both privacy and tranquility, then the prohibiting Of -picketing before or about the Itome is a clearly related . and entirely reasonable means to. such end. �. Do the e.rccpiios:s in the ordinance deny equal protection of the laws? This leaves to be considered solely the attack made upon the exceptions noted in the ordinance. Two exceptions to the pro- hibition of residential or home picketing MT Made by the ordinance in these words: * * * :Nothing herein shall be deelned to prohibit (1) picketing in any Lawful manner during a labor dispute Of the place of employment involved in such labor dispute, or (2) the holding of a meeting or assembly on any premises a�nlrnonly used for the discussion of subjects of general public interest." The a11gument of defendant is that the first of thc;e exceptions makes the purpose of the picketers determinative as to the nit ht tal g�icktt, thus offending the equal priltec,i,>n requirement of the Fourteenth \tiler. lnlcnt. VVe do not read this excep- tion as ln:akini; the existence of a labor dis- 30. Id. `5 1'.14. at va; e.17. S7 S.Ct. at pn1[e : 17. 7 509$ Wis. 132 NORTH \VESTM...N F:F t? : i F.F:, "d SEF:IFS pute the qualifying factor, fLithcr it IM the relatedness of the dispute t;, tc• f,, t of use of the home as a place of ment that is controlling. }3orrvwcd fruit the Hawaii statute,31 this is a rcall,tie rcr:- ognition that a home can Ile sorilethij.,; )tit- er or more than just a home. The appar- ent legislative intent is to protect the halite or residence as a home and residence, alva permit picketing of a place of cntploy- ment regirdless of whether or not it is I„• cated in a residential property. \\'here the householder makes his home or residence a place of employment for sotricone clrc, for as long as it is such place of crnploy- ment, he waives the protection of the ordi- natice as to disputes related to such frtct and place of employment. \Vhere a hou,;e- holder employs a maid or building; sereicu workers, in the event of dispute, the onlc place such employees could exercise the right to picket, that would have any rc- latedness to the controversy, is where they «•ere employed. \Vhere a homeowner em- ploys a carpenter, painter or electrician to repair or remodel the premises, as to any employment -related, dispute, the place of employment is the only possible focus for , picket activity. Where an employer lives above the store or tavern, or operates and maintains his business out of his residence, as to his employees in any labor -related dispute, the place of bnstlICss is the only focus or target at which picketing could be meaningfully directed. \Vhere the lionic is, temporarily or permanently a place of employment, to take from those -involved in an employment -related or labor dispute the right to picket at the place of their employment would leave them no place to picket such employer. Since there would be no reasonable alternative place avail- able in such dispute as to such employ- ment, the ban oil picketing a home -place of 3L See. 757-1, Hawaii Iiev.Stats., page MI. "Pirketing (if residenrer or duelling prohibited. It shall he unlawful for any person to engage in picketing; before or about the residence or d"-elling place of tiny individual. 'Nothing herein shall be deeii:ed to luohibit (1) the picketing in arty lawful inanre•r, during a labor dis- pute, of the place of ctnploy file fit in- would very, nearly be a ban :� ;•;, l,. t:i. the employer at all. We view :!,< r.�; rl•t±nn not as denying, but as as- .,..i;; c MI:rl protection by limiting the ban r,u p+ckc:in; the home to picketing it as a perinitting picketing of it as a },i.:; r of employment whenever 'it is also that. Tht, city of \Vatiwatosa set out through thi- ordinance to protect the tranquility and privacy, riot of places of employment, lint of the homes in which its people live. It Ina l the right to do so in the way that at did, and it is the right to do so, not the gncstions of appropriate public policy in- v„lvr,1, ttith %which we deal. On the exist- ence of a state authority to seek to protect the li,,nws of the community, we find ap- propriate these words of Mr. Justice Black: "\Vere the authority of government so trifling as to permit anyone with a com- plaint to have the east power to do any- thing he pleased, wherever he pleased, an,l whenceer he pleased, our cus ours and our habits of conduct, social, political, ccoroinic, ethical, and religious would all he wiped .out, . * * * And perhaps worse than all other changes, homes, the sacred retreat to which families repair for their privacy and their daily way of living, would have to have their doors thrown open to'ail who desired to con- vert. the occupants to new views, neiv morals, and a new way of life. Men and wormcn who hold public office would be compelled, simply because they did hold Public office, to lose the comforts and Privacy of an unpicketed home. I be- lieve that our Constitution, written for the ages, to endure except as changed in the manner it provides, (lid not create a government with such monumental we; guesses. volved in sueh h.bor dispute.; or (2) t,,e holdini.; of a meeting or :vmsembly on asr preutisex colnuu,nly i::o,l for the tli r•o. - sion of subjects of general public inter- est." 32. Mr. Justiee Black, eoneurring opini,.ra. Gregory v. City of Chicago, supra, ��4 U.S. at page 125, 89 S.Ct. at page PZ30. sal Cite \Ve hold that the Wauwatosa ordin 9.19 is a valid exercise of the governor power of the city of Wauwatosa a constitutionally valid ordinance. Judgment affirmed. Y STATE of Wisconsin, Respondent, V. ,lotus YODER, Appellant. STATE of Wisconsin, Respondent, V. Arlin YUTZY, Appellant. STATE of Wisconsin, Respondent, V. Wallace (MILLER, Appellant. Nos. State 92-94. Supreme Court of Wisconsin. Jain. 8, 1971. f The Circuit Court, Green Cou .\rthur L. Luebke, J., found defend uiity of violating compulsory educa law and they appealed. The Supr Court, Hallows, C. J., held that comptils education law was unconstitutional applied to members of Amish religion had graduated from the eighth grade. Reversed. Conner T. Hansen, J., concurred tiled opinion in which Wilkie, Beilf llaniCy, and Robert W. Hansen, JJ., join Ileffernan, J., dissented and filed opini t• Constitutional Law t=84 If compulsory education law is ic±tlistand claim that it interferes �v a MEMORANDUM TO: EXECUTIVE COMMITTEE MEMBERS FROM: KENNETH ROSLAND, CITY MANAGER SUBJECT: REVIEW OF "THE PLAN" DATE: SEPTEMBER 1, 1982 Let's meet on Friday, September 3, 1982, at 8:30 a.m. to review the Corporate Strategy and Corporate Work Plan. Please bring your copies. Attached are copies of the final draft of the first three portions, -plus the budget message. See you there - Reception Conference Room. City Manager KER:md I4EM0RANDUI I TO: MAYOR AND COUNCIL FIRO11: KENNETH ROSLAND, CITY 11ANAGER SUBJECT: 1983 BUDGET MESSAGE DATE: AUGUST 30, 1982 GENERAL OVERVIEW During the budgeting process last year, 1982 was expected to be a year in which Edina would experience significant financial impact because of decisions, indecision and economics effecting other governmental :levels. From the standpoint of finances the hopeful upturn in the economy coupled z.7ith a reversed state budget whose more realistic revenue estimates are being met, suggests that 1983 will not be as fiscally impacted by outside sources. It is anticipated however, that 1983 will because, of the 1982 elections, see the first positive steps on the state level to revamp the current state -local relationships which precipitated some of the state's current problems. While the fiscal cutbacks due to the economy will lessen for 1983, overall fiscal constraints will continue for a number of years with the emphasis being a shift away from intergovernmental sources back to local ones. The City's principal goals for 1983: Maintain current service levels - Retain the high caliber City staff - Undertake a more comprehensive approach to maintain capital facilities and equipment - Shift to an even greater reliance on local revenue sources During the course of this year the City cut it's 1982 bud- get by $215,200.00 in a combination of foregone expenditures in the personnel area together with not funding selected capital funds in order to make up for cuts in state aids and property taxes (unfunded state homestead credit.) The proposed 1983 bud- get seeks to get the City back on track regarding its capital needs. At present, salary increases in the personnel area have not been included in the individual areas but an amount for such increases have been lumped under contingencies. This has been done because of the wide variations in monthly inflation figures over the past nine months with no clear pattern as to what it may settle out at. While many of the municipalities are discussing average increases on the range of 6-7% there are some contracts in the public safety area that were settled for 1983 for 9-10% (part of an 1982-83 contract.) Coupling this with the Edina School District projecting 9-8-8% increases over the next three years, the lump sum approach seemed reasonable at this time. FINANCIAL PROJECTIONS - 1983 RF.VF.NTTF S Overall - For 1983 the overall revenues are projected to increase about 9.2% over the original 1982 budget (prior to cuts.) The 1982 cuts represent approximately a 2.7 decrease. Real Estate Tax Base - The estimated market value for property in Edina is up 10.97 T- the assessed value after disparities and tax increment increasing approximately 11.8%. The revenue from property taxes is proposed to increase by 11.7% over budgeted 1982 and would make up 62.3% of the general/park fund budgets. tidhile property taxes are generally limited by the state to 3% this increase would result from taking .certain special levies to which the City is entitled. The City's mill rate would increase slightly (about one half percent given this tax levy.) Overall the City's share would remain about 10%. If significant increases go through for the School District and County this could easily di4op the City's share to less than 9% of the tax dollar. Intergovernmental Revenue - Given the revamping done by the legislature during the past year and the fact that the State had been meeting- its revised budget revenue estimates the amount of state aids will be equal to what was budgeted for 1982 and about a 12.5% increase over what is actually to be received in 1982. The share of budget for state aids and federal revenue sharing will decrease from 15.6% to 14.5%. All other intergovernmental revenue will decrease from 4.5% to 4.1%. License/Permits/Fees/Charges - For budget purposes these are estimated on the conservative side and are proposed to make up 7.5% of the 1983 budget. These will be increased to account `for increase in service costs in addition the City will be ex- ploring institution of new charges for 1983 which have not been included in any estimate. Off Sale Liquor Contributions - The 1983 budget projects the same amount of contribution as received in 1932. The downturn in the economy has had a significant impact on sales growth so far for 1982. Coupling that with the continued increase in competition of marketing liquor, profits for 1982 are expected to be par with 1981. Staff is currently working with liquor store management in the areas of inventory control and operations manage- ment to improve the profit picture. This will make up about 5.2',0 of the revenues and equal about 7/10ths of a mill. Other Revenues - The balance of revenues, about 7.2% will come from other sources including court fines, income on investments anO unappropriated surplus and revenues. It is an- ticipated that income .from investments will not be as significant a factor given the current declining interest rates. -2- EXPENDITURES Personnel This portion continues to make up over three Quarters of the tax supported funds with the final percentage a function of the salary increases given. The budget does include a $10.00 increase for health insurance. As you are aware we are seeking consulting assistance to move away from the County's plans. Ironically, the County is asking their health insurance pro- vidors to quote their rates separate from the other instrumentalities as the County feels they are subsidizing the instrumentalities in this area. Capital As mentioned at the outset this area is targeted for a more comprehensive approach in 1983. While this budget does not fully reflect this it is a step in the right direction. This area did absorb about 5% of the total 1982 budget cuts. Commodities While representing a relatively small percentage of the overall budget, this represents perhaps the fastest growing budget areas due principally to energy and petroleum related commodities. SU124ARY As outlined above, 1983 while stronger financially than 1982 will experience continued transition in two respects: - From a developing to mature community - Further shift to locally raised revenues The challenge is before us. -3- MEMORANDUM DATE: February 9, 1982 TO: Ken Rosland FROM: Gordon Hughes SUBJECT: Random Thoughts About Executive Management Committee Plan On January 26, 1982, you instructed us to prepare memos describing our thoughts on the "Plan". Mine follow. Why a Plan Most agree that we are on a collision course -- i.e.. the City will not possess the resources, personnel, and money to deal adequately with future demands from a public safety, public works, and community development standpoint. The obvious reason for the Plan is to avert this collision course. The Plan must predict our future resources, anticipate our needs, agree upon a level of service, and offer a means of providing this service. Planning Process It is absolutely critical that we undertake a systematic approach to this Plan lest it be doomed to failure. A considerable amount of work must be done prior to approaching the Council for direction. We must avoid hypothetical questions (they cause hypothetical answers which will harm the process) . Also, we must not build "straw dogs" and we must not make legitimate issues look like straw dogs. recommend that the special Council meeting for February 22, 1982, be canceled. This meeting is premature. If the meeting can't be canceled, I suggest that only very general issues should be discussed. We shouldn't ask the Council for direction at that meeting. A traditional planning process can be used for our purposes. The basic elements of this process are: 1. Identification of Problems and Issues 2. Analysis of Problems and Issues 3. Preparation of Alternatives 4. Review of Alternatives and Goal Establishment 5. Prepare Objectives, Policies, and Five Year Plans 6. Implementation and Monitoring 2 R� osland 9, 1982 Problem Identification " We are on a collision course." These are strong words that could be inflamatory to the Council. It is essential that we define the problem - What is the collision course? Why are we on such a course? What will happen when we collide? We have seemingly identified some of the problems and issues in prior meetings: * Revenue sources are declining from state and federal governments * The arowth of the tax base is decreasing * Public facilities are slowly deteriorating and will demand excessive maintenance or replacement in future years * Level of service cannot be maintained based upon apparent Council commitments * Increasing work load with decreasing staff * City Council acts on a short term, crisis directed basis I suggest that each V.P.M. group should be assigned to define and detail these issues as they relate to their areas of expertise. They must be very specific - e.g. how many more miles of streets do we plow, etc. 2. Problem Analysis suggest that the work of each V.P.M. group should then be reviewed by the Executive Committee in order to identify common denominators and further define the issues. 3. Preparation of Alternatives This is basically the red, white and blue service level discussion. Again, I suggest that each V.P.M. group should review their areas of expertise and, as specifically as possible, identify the parameters of each service level. The Executive Committee should then compile this work in the form of a report to the Council. It is imperative that a recommendation be included in this report. 4. Review Alternatives and Establish Goals This is where the Council becomes involved in the process. It is important that the Council should not be consulted prior to this point. Likewise, it is essential that a strong staff recommendation should be given. At this meeting, the Council must establish goals for the plan period (presumably five years) . Also, the preferred "service level" must be decided. 5. Prepare Objectives, Policies, and the Plan In my view, an objective is a measurable component of a goal. Policies describe those specific actions which will be pursued in order to accomplish the objective. In some cases, the policies will be the plan itself. In other cases, such as a capital improvements program, they will provide the basis stand �82 for the plan. The Executive Committee and the V.P.M. groups should work toward the preparation of these items. 6. Implementation and Monitoring This is self explanatory. The Plan should be reviewed and revised annually. GLH:jgr ' _. `r 1. '``�^¢'.'�E�Y'�^�c..�' a _ r �, `' � _ �� "- 1 .�.t�.,,..---''� �-- ��� ���..�,� � � ��� �,,,:: �,, �-, <. GrL - 1 e•, v�AAA .11 a MEMORANDUM TO: DEPARTMENT HEADS FROM: KENNETH ROSLAND, CITY MANAGER SUBJECT: DEPARTMENTAL QUESTIONNAIRE DATE: MARCH 19, 1982 Several weeks ago, we were advised of a reduction in state aid revenues to the City. In response to this report, we asked all department heads to suggest ways of reducing their individual budgets by 2.1%. In addition, I asked a committee of several staff members to assist me in reviewing the future operations of the City to give the City direction for the upcoming years and make it an even more effective organization. The committee concluded very early that the City's past ability to provide a high service level was being compromised by the loss of outside revenues, coupled with the.City Council's desire to hold the line on property tax increases. Some individuals noted that the City was on a "collision course" whereby our level of service would dip dangerously below the community's expectations and needs. Based on these observations, it became apparent that every effort must be made to operate as efficiently as possible and explore every means available to maintain our service level. It was also concluded that a systematic process must be undertaken to develop a strategy for maintaining our service levels. The first step of this process is to identify the major problems, issues, expectations, priorities, and so forth of each department. We must rely upon your judgement as department heads in this regard. To this end, we have prepared the following questionnaire. Some items are more applicable to some departments than to others. Your careful attention to each item will be appreciated. Rough in answers - will be covered in interview. City rlanger KER:md P.S. If you desire additional answer sheets, please contact Administration. TO: GORDON HUGHES CRAIG SWANSON BOB KOJETIN ANN BURGR FRAN HOFFMAN CEIL SMITH MARK BERNHARDSON FROM: KEN ROSLAND, CITY MANAGER SUBJECT: EXECUTIVE MANAGEMENT MEETING DATE: DECEMBER 28, 1981 The major outcome of our December 22,1981 meeting was the proposal of a group to explore organizational directions and projects for 1982 and beyond. Those of you to whom this is addressed either volunteered or were"volunteered" by me. The initial meeting of this group is presently scheduled for January 8, 1982 at 10:00 a.m. in the Reception Conference Room. The initial goal of this group is to identify areas and activities of the organization that are to be worked on in both the short and long term future. Once identify/conceptualized and"prioritized" and then reviewed by all department heads, they will then be assigned to be carried out either by this group, one of the VPM groups or by individual departments as appropriate. Possible topics for discussion include: ---- Service Quadrants/Manpower Pool Zoning Administration Cost Accounting to departments Greater LOGIS utilization - Cable TV usage (Regulatory/Service Demand Impact Statement) Word Processing - - Compensation/Positive rewards -Career Development/Progression Council/Organization "Buy -in" Organization Comms (Action Planner, City Slick, VP Manager) Comp Plan utilization City/School Cooperation (2 way) Staff/Manager Development Policy Development Program/Council - Topics to be discussed Staffing/Restructuring Productivity Utility Fund Secretarial Pooh Fee charges in new areas ----ieview/Revise departmental missions/tasks nergy Conservation/City Organization *Community Center *C-emp-l-etio-n of-Ci-ty Hail revisions Page 2 Executive Management Meeting Memo *Remaining Windows/City Hall *Exploring Encumbrance System *Health Insurance *Recycled from last year Should you or any other department heads have ideas please bring them to the meeting. I hope to have some additional ones. I look forward to the meeting. C ty Manager MEMORANDUM TO: ALL DEPARTMENT HEADS FROM: t�tRRK BERNHARDSON, ASSISTANT CITY MANAGER SUBJECT: EDINA CAPITAL IMPROVEMENT PROGRAM DATE: FEBRUARY 22, 1983 Having finally taken the time to reflect on our last meeting (January 25, 1983 for those who have forgotten), it seemed appropriate to summarize the basic thoughts and concerns expressed relative to a capital budgeting program. - One large capital improvements budget encompassing all funds (tax and enterprise) may encourage transfers from enterprise funds to tax supported funds or at least make them easier to make up for loss of other revenues. Such would "rob" enterprise funds of money for particularily ongoing capital replacement with the money transferred to the general fund serving as an easy w y to avoid cutting service. G.G. - Increased vis bility of enterprise capital may stimulate increased policy interest in the overall management of those enterprise operations. Concern was expressed over year to year status of capital accumulations and account of multi -year funding of capital projects. - Loss of control over capital and maintenance trade-offs by department heads in all funds. - Short sighted tendency of policy makers either not to agree to the program on the front end or not carry through with approved program at time of expenditure. - The tendency at budget time to avoid the hard decisions of service cuts by cutting capital with little or no consultation with department heads regarding their desired trade-offs. - That inappropriate capital/operational trade-offs will continue if staff does not have at least an in-house plan to realistically.make those decisions. Ideas to incorporate in capital improvements program: a) Present the capital programs for tax supported funds and enterprise funds separately to avoid trade-offs. b) Have multi -year and annual capital programs approved prior to budget time so that they are "locked in" at budget time to reduce capital/operational trade-offs. c) Actively consult with the affected department heads at budget time when capital/operational (service level) trade-offs are discussed, prior to a trade being made. Memorandum Page 2 d) Agree to the fact that enterprise money should not be transferred to support other funds. The general fund should only charge enterprise funds the realistic cost of services provided by personnel, equipment, commodities, etc. that are on the general fund. e) Have an encumbrance for funds that are on the program that may answer some of the accountability questions. The next meeting is scheduled for 9 a.m. Tuesday, March 1, 1983. At that meeting we will: - Review these comments from 1-25-83 and look at solutions. - Determine how to develop rough estimates of capital needs in each of these areas: a) Format b) Current replacement value (equipment) c) Multi -year estimate d) Levels of funding: - Improvement - Status quo - 75% of status quo Should you have questions, please feel free to contact me. MEB:md TO: ALL DEPARTMENT HEA S FROM: MARK BERNHARDSO#' SUBJECT: EDINA CAPITAL IMPROVEMENT PROGRAM DATE: DECEMBER 17, 1982 Attached is a very rough draft outline that I put together to get development rolling on our capital budgeting program. I would like you to review and comment on things such as format and idea content by December 22nd. Subsequent to that I would appreciate additional substantive comments. Once we have been able to further develop the narrative, a first draft as to projects for both the five year (hopefully by February) and ultimately annual budget (first draft in April) can be developed based on the guide- lines. Realistically capital budgets do not just happen but that much work and decision making will need to be done, and can only be done through the dedicated and cooperative work of everyone involved. If possible, I would like to meet with anyone interested on Wednesday, December 22nd at 10:00 am in the reception conference room. Thanks. MEB/lml CITY OF EDINA CAPITAL IMPROVEMENTS PROGRAM INTRODUCTION Edina, as it is reaching its full physical development needs to turn its attentions to the ongoing process of maintenance and redevelopment of the community in order to retain the excellent character of the community. A significant factor in this area is the ongoing maintenance and renewal of these facilities as predicated on the following assumptions: - Ongoing timely renewal is more cost effective than allowing facilities to decay to the point of replacement. - The state of repair of public facilities has a decided impact on the maintenance of private facilities that abut these facilities. In addition the City will need to spend money for capital to: - Address the changing needs and services offered to the community. - Procure capital items to improve service production methods when cost effective to do so. - Replace capital equipment when cost effective to do so. PURPOSE The following outlines Edina's ongoing capital renewal and upgrade. The program contains the following categories for its capital program. - Current capital facilities - Current capital equipment ($5000+) - Capital technological improvement (energy savings?) - New capital creation (including redevelopment through new building) Each of these catagories will contain the following elements: - Capital guidelines - 5 year capital program - Annual capital budget CAPITAL IMPROVEMENTS PROGRAM PAGE 2 The program contains alternatives and estimates together with apgrooriate financing plus estimated ramifications of those alternatives. The program allows year to year flexibility to cope with changing conditions and provided a context within which to make those decisions. The annual capital budget reflects the year to year decisions made on the program. FINANCING Funding for such capital comes from the followina sources singly or in combination: - Real Estate Taxes - Intergovernmental Funds - User Charges - Special Assesments - Bonding (in rare exceptions) - Sale of no longer "useable" capital The various categories will not only discuss guidelines/policies for funding sources, they will list estimates by source in both the five year and annual plans. Appropriate adjustments will annually be made to insure continued accuracy of the program. In some instances it may be prudent to establish a revolving fund for selected capital procurement. Each annual plan will include provisions for reserve for emergency or unanticipated expenditures. ADMINISTRATION On an annual basis, the program will be reviewed and revised by the following time frames. June - overall program format July - capital guidelines CAPITAL IMPROVEMENTS PROGRAM PAGE 3 August - Update five year plan September - Annual plan for following budget year (Is this realistic for special assessment projects?) Department heads will submit any revisions they desire to the Manager in the prior month. Staff review will be done by the Executive Management Committee (or Long Range Capital Improvements Committee?) The appropriate documents will be submitted to the Council the month following review and approval by the staff. The various portions of the program particularly the financial portions of the five year and annual plans will be listed on the Visicalc format to allow for easy updateability. The program will not only list cost by type of project but also source of funds. (Visicalc allows for crosstab format). Following approval of the annual program by the Council in conjunction with the annual budget, changes in the program which vary more than 10% for any project or will cause an increase on the overall funding source costs will be returned to the Council for approval prior to expenditure. If impractical to do so because of emergency, it should be brought as soon as practical for approval. Any new emergency projects added should be added to the program for documentation of actual work and cost history. The format for the program will include the following in each of the four categories of budget types: (facilities, equipment, technology and new capital) - define what is included - list general policies for all systems - list of system specific criteria Major City systems include but are not limited to: - General Capital Mobile Equipment - Communication System CAPITAL IMPROVEMENTS PROGRAM PAGE 4 - General use; city facilities - City properties - Streets - Sewer - Water - Storm Sewer - Recreation facilities - Street lighting - Sidewalks - Housing - General Redevelopment Generally items following into the capital program are purchases that are for acquisition of new capital costing over $5,000.00 or renewal of physical facilities which would cost in excess for $10,000.00. This does not generally include repair of PROGRAM PART A CURRENT CAPITAL FACILITIES GUIDELINES DEFINITION This principally addresses the maintenance and replacement of real property improvements already in place such as City buildings, streets sewer, together with maintenance of City owned land. GENERAL GUIDELINES - The principal maintenance purpose is to prolong the life of a facility to reduce overall cost of operation. Both too frequent and too infrequent maintenance are wasteful. - Replacement of such facilities will be done when the useful life has been reached more cost effective to reolace than maintain or has realistically reached design life. - Facilities will be discontinued when the association service or purpose is no longer applicable. Real estate will be sold to return to the tax rolls when the City associated purpose if no longer there, which will reduce City associated maintenance. - Renewal of any underground system should when practical correspond with renewals of other street and underground systems. SPECIFIC GUIDELINES (if specific is found in all areas or most make it a general ) General Use City Facilities (Breakdown by type of building) (Address issues of structural, mechanical, major interior decoration/remodeling.) roof, external) Streets Asphalt (address issues of resurfacing, crack sealing, Concrete replacement, curb and gutter) Sanitary Sewer (address cleaning, repair/collopse, televising replacement) CURRENT CAPITAL FACILITIES GUIDELINES PAGE 2 (see sanitary sewer plus storm water surface ponding mainte Water (address renewal of distribution pipes, valves, hydrants, pumps, tanks, other facilities) Recreational Facilities (address renewal of all non -building improvements to parks) (Five year and annual plans to be developed once guidelines developed.) PROGRAM PART B CURRENT EQUIPMEiNT DEFINITION This applies to the all capital items procured by the City which are not considered asp real estate improvements and principally consists of transportation and communication equipment. GENERAL GUIDELINES - Incorporation and expansion of the mobile equipment policy to include all capital items not permanently affixed to real property. - While general life expectancies will be established based on estimated age, usage in miles or hours as appropriate, the actual replacement decision will be made .just prior to procurement of replace- ment to determine if life of the equipment can cost effectively be extended. Conversely if some piece of equipment becomes a maintenance problem it will be view for possible early replacement. - Ongoing preventive maintenance programs will be established to appropriately maintain equipment. - As an option to replacement of equipment, the possibility of a significant overhaul to significantly extend the equipment life should be viewed. - All equipment replacements should explore the possibility of altering the type of replacement equipment purchased to obtain a more effecient, cost-effective replacement on one that more nearly fits requirements for current or anticipated operations. SPECIFIC GUIDELINES - Motorized Vehicles - (see mobile equipment) - Stationary Equipment - (develop) PROGRAM PART C CAPITAL TECHNOLOGY IMPROVEMENT nC'GTNIT TTnN In an effort to introduce new production tecnhiques to improve the cost effectiveness of the organization this portion of the capital expenditure budget is developed on the premise as new technologies are developed and products improved capital expenditure to add capital where if did not previously exist or to replace current capital equipment prior to the end of its useful life makes sense given the anticipated cost savings realized by its introduction. GENERAL GUIDELINES - Since it is difficult to anticipate technology changes and prices on a five year basis, this portion of the capital budget lends itself more readily to a block funding concept in the five year plan with delineation of anticipated items to be procured on the annual plan. - Funds in this area can be combined with funds from current re- placement funds to procure technologically advanced replacement equipment. - If accounting and dollar measureability would permit, this fund could be based on a revised fund basis with the cost savings from introduction of the technology be used to fund it in the future. SPECIFIC GUIDELINES - Electronic Equipment - Energy Savings Equipment - Improved Labor Saving Equipment PROGRAM PART D NEW CAPITAL CREATION nFFTNITTTnKi This portion of the budget is set aside for the acquistion of new land facilities and equipment to be introduced as introduction expansion of services or represent a change in the mixture of services. With the community for the most part developed the significance of this area is reduced as a factor of what was found in previous years and will principally be found in the development of the few currently underdeveloped areas and the contrived upgrade of the parks system. This also included additions to present facilities to bring into code compliance. GENERAL GUIDELINES - To as great an extent possible, these should be funded through the use of non property tax funds. - An analysis should be conducted on the impact of the additions on the increased demand for maintenance service of the facility and how it is to be handled with current manpower. Together with its useful life span and impact on the current capital replacement budget. SPECIFIC GUIDELINES Land - Procure only for important municipal needs and return to the property tax rolls as much land as practical in accordance with the City's objectives. - Sell all non -essential parcels. Buildings- Insure compliance with all applicable codes. On Site Facilities - Develop MEMORANDUM TO: EXECUTIVE COMMITTEE FROM: KENNETH ROSLAND, CITY MANAGER SUBJECT: EXECUTIVE COMMITTEE MEETING, OCTOBER 25, 1983, 10:00 A.M. DATE: OCTOBER 17, 1983 At our last meeting we were able to cover two of the three items that we had scheduled. At our upcoming meeting I would like to discuss the following items: 1.. Discuss our "1984 legislative program" on all levels of government. A. 9/16/83 Draft of Council Objective #6 B. 10/12/83 Inhouse Memo on Objective #6 C. 10/12/83 1984 Policy Issues/All Levels (To be handed out later) 2. Ideas you may have regarding how we can get our "front line troopers" to have a better appreciation of what their counterparts do in other departments of the organization. 3. Discuss Strategic Objective #3 regarding new ideas for our long range revenue program. 4. Discuss progress to date on Strategic Objective #2 and #4 regarding service levels and capital facilities. 5. Review program to date on our inhouse work plan. (See attached) Should you have any questions, please do not hesitate to contact me. KER:jkm Attachment EXECUTIVE COMMITTEE MEETING Friday, September 16, 1983 Members Present: Kenneth Rosland, Mark Bernhardson, Fran Hoffman, Gordon Hughes, Jerry Dalen, Robert Buresh, Craig Swanson, Mark Sievert. Mr. Rosland pointed out that the main objective of the meeting was to develop a list of names of persons responsible at certain levels of government to serve as laision to the City Council. It was proposed that this assignment would be according to particular areas of levels of government, rather than by subject matter. Staff members will continue to be responsible for the areas of professional disciplines at all levels of government that they may be involved in. They will then bring their problems (or suggestions) to City Manager who in turn will work with the City Council Members. In addition, the Council is represented when Council Members do serve as key representatives to a major governmental policy body. Such representation was assigned as follows: State Legislation - Leslie Turner Metropolitan Council - June Schmidt Cow Board - Charles Bredesen School District - Fred Richards Metropolitan Waste Control - June Schmidt Watershed Districts _ Leslie Turner League of MN Cities/Association of Metro. municipalities - Mayor C. Wayne Courtney Other Municipalities - Charles Bredesen Discussion followed regarding methods to carry out the Council's short term objectives: 1. Comprehensive Plan - Zoning Ordinance review to be discussed first meeting in October with comprehensive plan to follow. 2. Service Levels - What are the departments Ley functions? 3. Long Range Revenue Program Discussed 1) User fees options 2) Issue of tax deductibles on property taxes 3) Use of service charges to limit demand for services 5. Strategic Planning 1 Department Heads review. 5. Council Representation - Have implemented. The Executive Committee then reviewed objectives that were set forth in the Corporate Plan and revised the plans and dates that were set forth in the work program. Copy of revision of such is included. INTERGOVERNMENTAL STAFF POLICY With the clarification of the policy that we have presented to the Council regarding their work with other policy bodies, I would like to make a few comments: A. Each Department Head is responsible to identify the issues within their department or professional organization that they feel has an impact on the City at any level of government both on an ongoing and on an annual basis. B. I have assigned the following persons specifically to review general policy body communications as follows: LWA State/League of MN Cities - Mark Bernhardson �CMrj oro Smh tto School District/Other Municipalities Kenneth Rosland Watersheds y Fran Hoffman Metro Waste Control Commission - Jerry Dalen C. Department Heads will remain responsible for monitoring current "quasi" policy bodies that are appointed, plus staff committees which do policy development for the various selected boards. Should you feel the need either to involve Council Members or myself regarding issues at these levels, please let me know. D. As Council Members need staff assistance on areas that they have adopted policy process, the "expert" will be called upon to testify along with the Council Member who has been assigned that level. E. It is my responsibility as City Manager to work with the Council, and so apart from the testifying and assignment to specific matters, I will work with the Council directly in identifying and encouraging the adoption of policy statements on those issues. T H E P L A N Corporate Work Plan August 1982 - December 1983 �J-10-uL/ Part V (Revised 2-1-83) (Revised 9-16-83) The following represent specific objectives to be accomplished, making assignments as to the responsible person or group, due date and status. Area Objective Coordinator Due Date Status Financial 1. Increase budgeted revenues from fees Council Objective #3 and charges to: - 8% of 1983 Budget 10/82 7.5% Achieved - 10% of 1984 Budget C. Smith/with 8/83 7.7% Presented Dept. Heads 2. Improve revenue generation from liquor stores by: - Improved stock turnover to 8 times/yr for all stores by use of computerized inventory data. - Establishing other management and financial targets. 3. For 1983 Budget, levy the maximum property tax allowed to at least 8% level plus available special levies. - The same for 1984 C. Peterson Council/K. Rosland 1/84 Completed 10/83 Pending -1- Area Objective Financial 4. Attain a general fund contingency of: - contd. - 1% of 1983 Budget ($90,000) - 1,% for 1984 Budget ($135,000) with a reserve large enough to fund Budget from beginning of Budget through receipt of first tax settlement. 5. Develop 5-year capital expenditure programs in the following areas: - Capital Equipment by department including enterprise funds - Capital Facilities Renewal/Improvement - Infrastructure - Buildings - Capital technology and energy improvement 6. Institute capital programs in #5 for 1984 Budget. 7. Study and/or institute self insurance in the following areas: - Health Benefits - Workers Compensation - General Liability Council/K. Rosland Council/K. Rosland M. Bernhardson/ Dept. Heads J. Dalen M. Bernhardson Due Date 10/82 10/83 Status 4/83 12/83 Council Objective #4 6/83 7/84 2/83 12/83 5/83 1983-86 Renewal quotations "too attractive" -2- Area Objective Coordinator Due Date Status Financial 8. Strengthen internal control for financial J. Dalen Ongoing -contd. matters not only in finance but all areas handling money 9. Investigate and decide as to prudence of F. Hoffman 3f83 12/83 Consultant currently replacement of Danen's building. estimating costs. 10. Investigate possible billing of utilities J. Dalen 10/84 bi-monthly or monthly instead of quarterly. Management 1. a) Explore better utilization of personnel F. Hoffman/ 6f83 Ongoing B. Kojetin during various demand times between public works and park (including sewer, water, mechanics and various recreational activities). b) Implement recommendations 8/83 As decision's made 2. a) Investigate shifting primary fire C. Swanson/ 6/83 6/84 B. Buresh dispatch to police, utilizing fire dispatch as a backup when personnel are available. b) Implement recommendations. 49/83 10/84 c) Explore upgrading of radio communi- 1/84 cations hardware. -3- Area Objective Coordinator Due Date Status Management 3. Implement available computer aided Tom Guetzke Ongoing -contd. management information systems M. Bernhardson - Police/POSSE C. Swanson 1/83 Completed 1/83 - Liquor/Full LICS C. Peterson 1/83 Completed 1/83 4. Study use of available computer programs for: - Public Works/Equipment Control F. Hoffman/ 12/83 To be available to C. Smith - Administration/Fixed Assets Inventory Edina 6/84 - Licenses G. Hughes To be on line 11/83 - In-house micro computers 5. Educate personnel and utilize various C. Smith 8/83 features currently available in management information systems. - Word Processing Commenced 4/83 - Visicalc/MATH 3000 Commenced 2/83 - Various Information Network Commenced 2/83 6. Study in-house computer communications M. Bernhardson 8/83 network. 7. Research alternatives to storage of doc- M. Bernhardson 12/83 uments on microfilm together with review of applicability of microfilm and related technologies. -4- Area Objective Management 8. Expand present use of modified team manage- - contd. ment to other organizational levels. 9. Test in a problem setting utilization of new emergency operations center and emergency organization. 10. Utilize Executive Committee concept in the organization's long range planning function. 11. Commence development of fire master plan. 12. Re -instate Council/Staff policy development program. Marketing 13. Develop agendas for meetings of Edina elected officials with elected represen- tatives from the state, metro, county, school and special districts regarding desired Edina changes. 14. Review Comprehensive Plan 1. Educate departments and utilize "Community Bulletin Board" available on Cable TV via installed teletype access in City Hall. - _ . _ J - ._ _ - _ _ F. Hoffman C. Swanson K. Rosland/ M. Bernhardson B. Buresh K. Rosland K. Rosland C. Smith Due Date Ongoing Ongoing Status Completed for 1983 Ongoing Revised following Council Strategic Planning 3/83 3/84 12/83 2/83 12/83 2/83 Completed with imple- mentation of Council Strategic Obj. #5 See Council Obj. #6 Installed 1/83 - 5- Area Objective Coordinator Marketing 2. Develop additional public safety prevention C. Swanson - contd. programs utilizing cable TV local access. 3. Commence utilization of cable TV as to B. Kojetin 4. Review status of Winfield/Laukka Project K. Rosland 5. Positively promote to employees desired K. Rosland changes in the organization. Production 1. As a means to improve organizational M. Bernhardson performance: - Determine the demand and the appropriate- ness of the service level of a minimum of two services in each department. - Determine cost savings and service reduction of two tasks in each department. - Develop an alternative means of producing at least one service in each department. 2. Implement 911 to improve emergency C. Swanson response. 3. Contract isolated land parcels for summer B. Kojetin mainteanance if cost effective. Due Date Status 1/83 Started 5/83 3/83 2/83 On Hold Status Ongoing 6/83 12/83 Council Objective #2 12/83 Activated 1� 1-82 4/93 10/83 Listing Prepared 7/83 Area Objective Coordinator Due Date Status \ Production 4. Complete development of energy conservation B. Kojetin/ 6/83 10/83 J. Shirmang - cont. base line for buildings and implement those with 5-year payback. 5. Develop an energy conservation program M. Bernhardson/ 6/83 6/84 C. Smith for vehicles through: - Types of vehicles - Work methods 6. Develop recommendations as to shifting G. Hughes 2/83 On hold of zoning enforcement from Planning to Building Department. 7. a) Consolidation of sewer and water F. Hoffman Ongoing Started cross - training 12/82 under one operation. Supervision combined 10/83 b) Combining funds. J. Dalen 12/83 Compensation 1. Review all current non-salry compensation M. Bernhardson 4/83 3/84 benefits as to alternate method of providing. 2. Prepare outline for administration of a performance based pay system in supervisory areas and incentive plan in the non - supervisory areas. 3. Review and update Personnel Rules. M. Bernhardson 12/83 -7- MEMO TO: Ken Rosland, City Manager and Jerry Dalen, Finance Director FROM: Bob Kojetin, Park and Recreation Department DATE: September 6, 1984 SUBJECT: Service Level and New Revenues The Edina Park and Recreation Department has worked for the past few years under a basic policy statement that we provide a level of service which meets all health and safety needs, provides an aesthetically pleasing environment, maintains the quality of both natural and built resources, and permits a satisfactory recreation experience up to the facility's designed capacity and lifetime. As we look at this service level we are about 80%. We want to be very cautious not to fall below 75% rating, and we are getting close to that. This is my reasoning for increasing the dandelion spraying to two times per year and more aquatic weed control. The demand for a high degree of manicuring is very great in this community and we have been lacking some in that area. Enclosed are the Fees and Charges proposed for 1985. The only new revenue would be the increase of approximately 501% through most of these activites which at the present time are all self-support ng except for playgrounds. New revenues in 1983 and 1984 were the rental fees for picnic shelter buildings. In 1983 the rental revenue was $1,300.00 and in 1984 rental revenue was $1,600.00. BK/mk EDINA PARK AND RECREATION DEPARTMENT FEES AND CHARGES / OTHER THAN BY ORDINANCE Park and Recreation 1985 1984 Playground $-6.00 $ 6.00 Dramatics and Theatre 17.00 16.00 T Ball 17.00 16.00 Tennis Instruction 17.00 16.00 Tennis Reservations 2.00/hour Racquetball- 20.00 20.00 Soccer 17.00 16.00 Art Center Memberships: Family $35.00 Individual 25.00 Contributing 50.00 Sustaining 100.00 Patron 500.00 Class Fees: Adult Members $48.00 Adult Non -Members 56.00 Child Member 32.00 Child Non -Members 38.00 Arena Single Hour Rate $73.00 Contract Rate (10 or more hrs) 68.00 Late Night - midnight or later 50.00 Open Skating 2.25 Skate Rental 1.06 Skate Sharpening 1.50 Season Tickets (Eff. 10/1/84) Resident Family $52.00 Resident Individual 32.00 Non -Resident Family 62.00 Non -Resident Individual 37.00 Classes 36.00 Gun Range Pistol 2 hr. $ 3.75 25 Rounds traps 4.00 Building - per hour 40.00 Firearm Safety Instruction 5.00 Pool Season Tickets: Resident Family $37.00 Resident Individual 22.00 Non -Resident Family 42.00 Non -Resident Individual 27.00 Daily Admission: Adult $ 2.50 Youth 2.00 Aquatic Instruction $17.00 SMS 6/6/u4 $32.00 20.00 50.00 100.00 500.00 $46.00 54.00 30.00 36.00 $70.00 65.00 50.00 2.25 1.06 1.50 $50.00 30.00 60.00 35.00 35.00 $ 3.75 4.00 40.00 5.00 $35.00 20.00 40.00 25.00 $ 2.50 2.00 $16.00 1983 $ 6.00 15.00 15.00 15.00 2.00/hour 20.00 not offered $32.00 20.00 50.00 100.00 500.00 $42.00 (8 weeks 50.00 (8 weeks 28.00 (8 weeks 32.00 (8 weeks $65.00 60.00 45.00 2.05 1.06 1.50 $45.00 25.00 55.00 30.00 30.00 $ 3.50 3.75 35.00 5.00 $30.00 18.00 35.00 24.00 $ 2.00 1. 75 $15.00 Braemar Golf Course 1985 1984 1983 Patron Cards: Husband & Wife $75.00 $65.00 $65.00 Individual 40.00 35.00 35.00 Additional Family Member 35.00 30.00 30.00 Computerized Handicaps $ 6.25 $ 5.50 $ 4.50 Lockers Men's 72" $ 30.00 $30.00 $30.00 Men's 42" 18.00 18.00 18.00 Ladies 72" 10.00 10.00 10.00 Club Rental $ 4.50 $ 4.00 $ 3.75 Pull Carts 1.50 1.25 1.25 Golf Cars 18 holes 16.00 15.00 14.00 9 holes 8.50 8.00 7.50 Group Golf Lessons Adult $ 38.00 $35.00 $33.00 Junior 20.00 20.00 17.00 Golf Range Large Bucket 3.00 $ 3.00 $ 2.75 Small Bucket 2.00 2.00 1.75 GREEN FEES: 18 hole - non patron $ 11.00 $10.00 $ 8.00 18 hole - patron 8.00 7.00 6.00 9 hole - non patron 6.50 6.00 5.50 9 hole - patron 5.00 4.50 4.00 Seniors 18 hole- non patron 10.00 9.00 6.50 18 hole - patron 7.00 6.00 5.00 9 hole - non patron 6.00 5.59 4.00 9 hole - patron 4.50 4.00 3.00 Par 3 Adult - non patron 3.75 3.75 3.50 Adult - patron 2.75 2.75 2.50 Junior - non patron 2.50 2.50 2.25 Junior - patron 1.75 1.75 1.50 Group Fees $ 13.00 $12.00 $10.00 Group Fees Cars 18.00 17.00 16.00 RENTALS Braemar Ballfields: $25.00/hr -no lights (only with rental of Pavilion) $50.00/hr -with lights (only with rental of Pavilion) General Park Areas: $50.00/hr -commercial use (i.e. TV Commercials) Picnic Shelters: $30 up to 50 people Lake Cornelia Park (pool) and Braemar Picnic $60 over 50 people. Area (dome site) Summer Rental Pavilion: $400-500/day -large profit events, i.e. dog shows, flea markets Parking Lot Rental - $250/day -small events (100 or less people) non profit events .Arena: $100/day Art Center: $30/group Limited Space Showmoblile $500/day Rental of Athletic Field $30.00/day exclusive use Portable Bleechers: $100/day or 50.00/hr. +Delivery charge. Recreational Picnic Equipment Free usage TO: Kenneth Rosland, City Manager Jerry Dalen, Finance Director ✓" FROM: Francis Hoffman, Director of Public Works SUBJECT: Revenues and Service Levels The Department does not project any new types of revenue for 1985. Our current revenues include: Engineering fees for City, special assessment projects, engineering fees based on developer's agree- ments, administrative charges for reproduction of various engineering documents and maps, and engineering fees received for engineering done on State -Aid projects. The public works section derives no particular income for any of it's activities The proposed 1985 budget incorporates some adjustment for service level in the snow removal operations. During 1984 we have purchased one plow wing for a new diesel truck. We believe this will reduce the amount of time to plow the route and not over burden the truck. As such in our capital budgeting we have indicated the purchase of add- itional snow plow wings if the first set proves effective. The second recommended service level change would be to set up a ponds and lakes improvement program thru control of aquatic vegation, dredging and control structures. This particular suggested change is a result of resident's requests. However, this funding request is not currently in our budget proposal. Our proposal would be to set up a program which involves funding from the watershed districts, general fund participation and special assessment to homeowners adjacent to the ponds or lakes. We believe this program should be discussed at budget hearings to determine if any additional funds should be budgeted for 1985 from the general fund. The third service level adjustment would be in the asphalt overlay and sealing of our city streets. The additional funds request for asphalt mix and road oil reflects slight price increase and additional quantity to cover more miles of street. Our past history indicates that our turn- around time from one seal coat to the next seal coat exceeds ten years, which is an industry average for length of time between seal coats. During 1984, we will seal coat approximately 14 plus miles and we believe we should be sealing between 19 and 20 miles annually to achieve turn -around time of nine years. This suggested standard is based on the belief that the residents of the community would support the concept. FJH:lm 9/6/84 MEMORANDUM DATE: August 17, 1984 TO: Ken Rosland, City Manager FROM: William B. Feck, Fire Chief SUBJECT: Review for 1985 Possible Alternative Revenue Sources I recommend that the following permits and fees be increased for the year 1985: A. Ambulance Fees FROM TO Level I $155.00 $195.00 Level II $200.00 $245.00 Level III $250.00 $295.00 Downtown Transport $ 25.00 $ 50.00 Projected Income 1985: $190,000 B. Sprinkler Permits NUMBER OF HEADS PRESENT FEE PROPOSED FEE 1-5 heads $30.00 Minimum $35.00 minimum 6-25 heads $30.00 for first five (5), $35.00 for first 5 plus plus $20 for each additional $20 for each additional 10 or fraction thereof. 10 or fraction thereof. 26-50 heads $70.00 for first 25, plus $15 for each additional 10 or fraction thereof. 51-200 heads $115.00 for the first 50, plus $10 for each additional 10 or fraction thereof. 201+ heads $265.00 for the first 200, plus $5 for each additional 10 or fraction thereof. False Alarm $150.00 3rd and subsequent alarms. Projected Income 1985: $12,600 $75.00 for first 25, plus $15 for each additional 10 or fraction thereof. $120 for the first 50, plus $10 for each additional 10 or fraction thereof. $270 for the first 200, plus $5 for each addtional 10 or fraction thereof. $160.00 3rd and subsequent alarms. Review for 1985 Possible Alternative Revenue Sources -2- 1. "Certificate of Code Compliance" Program 2. Lectures, demonstrations and training sessions 3. Service calls, non -emergency 4. Service charge for fire response 5. Availability charge for fire protection 6. Monitoring fee for fire alarms 7. Municipal Mutual Insurance Program FIRE DEPARTMENT 1985 BUDGET PROPOSAL SERVICE LEVELS FIRE PREVENTION BUREAU ATTACHMENT #6 At the present time, the Fire Prevention Bureau has three full time employees (an assistant chief and two fire inspectors) who are augmented by a shift fire inspector on a daily basis when manpower permits. In my opinion this size staff for the Fire Prevention Bureau is the bare minimum of professional types who are necessary to carry out our present service level which is minimal. I think in the near future we should bring in additional skilled inspectors who can be crossed trained to work with our Building Department. It is very important that we maintain the necessary number of employees, at the proper skill level, in both the Building Department and Fire Prevention Bureau. These two departments determine the quality and life safty factors of all the building stock in our City. Eventually the quality and life safety factors of the City's building stock determine the size of the Fire Suppression Force. Personnel additions will be discussed in another part of this report. FIRE DEPARTMENT 1985 BUDGET PROPOSAL SERVICE LEVELS FIRE SUPPRESSION ATTACHMENT #8 In 1981 we had 27 employees assigned to the Fire Department. Today we have 26 employees assigned to the Fire Department. Since 1981, because of changes in the Labor Contract with Local 1275, we have lost up to 5 working days per man per year. These two factors have a definite influence on our service level of fire suppression. It means that at certain times we have less manpower on the first fire apparatus out. It means that since 1981 our Fire Suppression Service level is slowly eroding away. In 1981 we added a volunteer supplementary manpower program that certainly helped out our overall manpower problem. However, it didn't help out on our initial response vehicles. Since 1981 we have had 2 volunteers resign,. and at present we have one. on Leave of Absence, so we have 12 men left on the Volunteer Section of the Fire Department. As you can see, this element of the Fire Suppression section of the Fire Department is beginning to erode away too. _I think the time has come when the long range goals of the Fire Department should be reviewed and take whatever course of action is decided upon. EMERGENCY MEDICAL SERVICES We are in the process of reviewing our Paramedic Program so I won't discuss it now. Proposed fee changes will be discussed in another part of this report. FIRE DEPARTMENT 1985 BUDGET PROPOSAL AMBULANCE FEES ATTACHMENT #11 In an effort to make the Paramedic Program less of a burden to the taxpayers, I recommend that the ambulance fees be raised beginning January 1, 1985. Past history shows us that in 1982 the ambulance fees that were received by the City amounted to $88,217; - in 1983 $124,174.07, and to date in 1984 - $71,507.15. 1984 ambulance fees collected could be projected to around $144,000. The newly requested ambulance fee schedule is as follows: Present Rates Proposed Rates Increase Level I: $155.00 $195.00 $40.00 Level II: 200.00 245.00 45.00 Level III: 250.00 295.00 45.00 Downtown Trans. $ 25.00 $ 50.00 $25.00 The projected increase in revenues would be estimated at around $48,500. This could mean the possibility of around $190,000 in ambulance fees receivable in 1985. M E M O R A N D U M TO: Planning Director, Building Official, Asst. Chief Fire Prevention, Health Official, Pu Works Director, Asst. City Manager FROM: Mark Bernhardsonw'- c SUBJECT: Physical Development Coordination Meeting - Technical Inspection .Personnel - 3-29-85 DATE: 4-11-85 The meeting, which was held to bring our technical and inspection personnel up to speed regarding where we were at with the physical develop- ment coordination, started with an introduction of what was trying to be accomplished and the general goals that were set. Following that it was requested that those personnel further identify problems and assist in developing the system to a workable which they can understand, utilize, and implement. Among the problems identified by this group included: -Routing - How the specifics of the process would work and how developments and plans were to be routed. . Reinspections - The problem with dealing with contractors who keep calling for re -inspections and are not really ready to do such. It is suggested that some means of additional fees be enacted in order to do those re -inspections when a contractor is not really ready. -Deadlines - What would happen with deadlines that had been established internally for completion of work when the process may dictate that greater time be taken. -!'Incomplete" Plans - The problem of approving plans for con- struction when significant systems within that plan had not been provided in appropriate detail or not submitted at all. This generally included sprinkler systems, some mechanical systems, and kitchen facilities. -Temporary Permits - Related to this have been the identified problems of providing conditional or temporary occupancy permits without having any handle on the developer. In addition to these concerns, personnel did suggest some means to cope with these and other identified problems. These solutions included: -As mentioned, a re -inspection fee for having to make several trips to approve or inspect the same item. Utilization of a monetary fee, preferably cashiers check or letter of credit, in order to accomplish not only completion following temporary occupancy prior to finalization of the job but also utilization of that when portions of plans have not been submitted on the initial approval of the overall plan. -Providing "as builts" for all changes following the completion of any job prior to its finalization. -While suggested that development of the system include con- sideration of the possibility of "panerless office", it was felt that within this area that there would at least need to be some paper work to indicate signed approvals and other documentation which may ultimately be able to be stored on computer, micro fiche, or perhaps laser video discs. It was indicated to these personnel that following the meeting they should take their suggestions and any other ideas they had back to their respective department heads in order to develope a workable system in detail over the next month or so. It is felt it would be appropriate to get this group back together once the details of the system have been worked out and drafted. PHYSICAL DEVELOPMENT COORDINATION ADMINISTRATION MAJOR GOALS AND OBJECTIVES The following represents the Administrative department's primary objectives in the area of physical development. 1. That all buildings constructed or remodeled in the community are structually sound and are not a public safety hazard as outlined by the applicable codes. 2. That the process be coordinated in such a way that it meets the needs of the City of Edina while at the same time minimizing the amount of "run around" the developers get. 3. That the City maintain accurate and up-to- date information that is pertinent to the developments and an adequate system for retrieving that information. I M E M O R A N D U M TO: Gordon Hughes, John Schirmang, Ted Paulfranz, Dave Velde, Fran Hoffman FROM: Mark Bernhardson, Assistant City ManageTli ib SUBJECT: PHYSICAL DEVELOPMENT COORDINATION DATE: January 24, 1985 Attached is a draft sheet indicating the objectives set forth for the Task Force, plus possible target dates and responsible persons and status for the group's use in implementing the Physical Development Coordination plan. Should you feel that different target dates or responsible persons are appropriate, please let me know, and we will alter our upcoming meeting. If possible, I would like to schedule our next Physical Development Meeting for 10:00 A. M., Wednesday, February 13, in the Manager's Conference Room. At that time, we can discuss the attached sheet, plus status on any of the objectives and hopefully answer any questions or give any assistance that persons may want to have. Should you have any further questions, please feel free to contact me. MB/sw Attachment M E M O R A N D U M TO: Gordon Hughes, John Schirmang, Ted Paulfranz, Dave elde, Fran Hoffman, Mark Bernhardson FROM: Ken Rosland, City Manager SUBJECT: PHYSICAL DEVELOPMENT COORDINATION DATE: December 14, 1984 The following discussions are from September 13 regarding the Task Force's report. These are the recommendations that I have suggested we go forward with: a) That we initiate hiring of a mechanical inspector starting in January, for that person to actively start work on the first of March. b) That the present plan review be utilized as a general inspector and that he be placed on a year-to-year contract. c) That Jo Provo be used in a combined Assessing and Building capacity from approximately June 1st to mid September of each year and be - assigned to Building as determined by the inspection load. This will provide needed hands-on training for her to eventually upgrade her skills as a building inspector. Following the summer building work, she will be assigned to Assessing as a residential appraisor for the balance of the time. In addition to this, I would like you as a Task Force to commence by the first of January carrying out your recommendations, so that starting approximately on March 1, 1985, we can institute the one -stop development that you outlined in your memo, which includes the following recommendations listed: a) Develop the more formalized coordinated process in the areas listed. b) Each department define its major objectives and priorities. c) The Planning Director be the one -stop responsible party for all proposals/re-development reviews. d) The Building Official be that coordinator for plan reviews and inspections. e) That the inter -departmental disputes be appealed to my office. f) That a means be developed to improve consolidation or indexing of records. December 14, 1984 Physical Development Coordination Task Force Page Two g) That with the additional staff plus the temporary assigned personnel, that efforts be undertaken to clean up all outstanding permits to the finalization stage. h) With the addition of the new personnel, the Chief Building Inspector will become primarily the manager/plan reviewer/coordinator and reduce the amount of field inspections undertaken. i) That ways be undertaken to improve field inspections in the areas of landscaping, draining, zoning, etc. j) That within amounts budgeted, you utilize outside expertise in contested cases. Thank you. You have done an excellent job in your work to date and know the eventual results will also be excellent. KR/sw M E M O R A N D U M TO: Gordon H., Fran H., Ted P., Dave V., and John S. C� { FROM: Mark Bernhardso%�� i�\y SUBJECT: Physical Development Coordination DATE: June 20, 1984 At our meeting yesterday, we discussed various models to accomplish our goals in the area. At the suggestion of Ted, I drew up some possible overall goals and objectives within each "system." Please review and add/modify as you see fit. It is perhaps easier to decide on a "model" once we've agreed on what we are attempting to achieve. See you at 10:00 a.m. on Monday, June 25, 1984, in the Manager's Conference Room. COORDINATED PHYSICAL DEVELOPMENT PROCESS Goals - Propose and maintain up-to-date codes, ordinances, and policies for phy- sical development of the community. - For all non-structural development, attain and/or recommend proposals to approving bodies that are within established ordinances and policies. - That designs suggested and plans reviewed for all structural develop- ment be within established codes, ordinances, and policies. That the actual physical development conform as closely as practical toos�proved development plans. - That records accurately reflect actual development and be readily acces- sible/available for both staff and public researchers. ' - That efforts be made that no changes be made to the physical develop- ment and its usage which create a significant violation of the city's codes, ordinances, and policies. M E M O R A N D U M TO: Gordon H., Fran H., Ted P., Dave V., and John S. FROM: Mark Bernhardson, Asst. City Mgr. SUBJECT: Physical Development Coordination DATE: June 12, 1984 Let us get todether at 10:00 a.m., Monday, June 18, 1984 in the Manager's Conference Room to continue discussion on our coordinated physical development process. At that meeting I would like to discuss the attached schematics and comments on: 1. Overview of Coordinated Physical Development 2. Preliminary Discussion 3. Proposal Review 4. Plan Review - (Ted's Schematic) 5. Construction Inspections 6. Maintenance Inspect Process from here: 1. Agreement on both overview and details of major systems including records. 2. Determine appropriate staffing and any organizational modifications. 3. Consideration of other issues - a. Clean-up of finals b. Occupancy or usage permits 4. Presentation to Manager (if necessary, council) 5. Implement COORDINATED PHYSICAL DEVELOPMENT PROCESS COORDINATED "TRIGGERING EVENTS" ISSUES/PROCESSES/ PHYSICAL DEVELOPMENT DEPARTMENTS INVOLVED 1.Preliminary Discussions Ideas 2.Proposal/Redevelopment Request for Zoning Review 3.Plan Review Process 4.Inspections 5.Maintenance of Ordinances/Codes/ Compliance Request for Subdivi- sion Request for Variances Submission of Bldg Plans for: -New Construction -Remodelling/Altera- tions -Additions -Selected Repair Requests for Inspections Permit Issua lece (or Installation of Ser- vices) Self Initiated Fire Health P_ nts m., Cc��, :uncy Permits) Discussion of codes/ ordinances Zoning Review Subdivision Review Landscaping/Grading Public Services/ Utilities/Streets Building Code Review Health Code/Ord. Zoning/Subdivision Compliance of Fire Code/ord. Electrical PI bing H AC Various Bldg Fire,Health,Planning, Zoning,Electrical, Plumbing,HUAC,Public Services,Grading,Land- scaping RECORDS (In addition to applicable codes ordinances) Previous Decisions and P1ats,etc. Subdivision/Plat (By Plat Name) Zoning by Plat or Parcel By Address of Bldg, plus some by Permit By address plus some by permit Various Codes/Ordinances By address plus as applicable some by permit COMMENTS Although land development has generally been limited to land considerations, as the PD's and redevelopment - so system 3 review done. �i COORDINATED PHYSICAL DEVELOPMENT PROCESS iF j PRELIMINARY DESIGN "Blue Sky Proposals" A. Need to discuss proposals 6 in light of ordinances and codes. Avoid tendency to C become designer. B. Balancing off desire to address only ordinances and codes and the need to "design" in an effort to forestall future problems. C. Not necessarily distinct from "System 2" Proposal/Redevelop- ment Review. �2 w \ x0V PROPOSAL/REDEVELOPMENT REVIEW N\ t7�`C' Cv Planning Review of I Department ( Zoning/Subdivision Engineering Review p� of Services if �df A. This phase may lap appropriate ,o,a)$ over into "System 3"ow particularly when 7 doing redevelopment System 3 Preliminary Review of Selected 3 Proposals �1n pc Public Services speced and bid as needed (unless developer handles) To Commission and Council for consideration (twice as needed) IF APPROVED Follow-up Paperwork Plats/Zoning/Variances/ Developer's Agreements 0. PLAN REVIEW PROCESS CITY DESK GENERAL PLAN DISTRIBUTIONTODEPTS. -T REVIEW FOR -REVIEW (Gross Review/Operations, COMMENTS is everything) 1. Deve Iop Routing Indicator (inc uding time frames)/ Permit Review Sheet APPROVAL REJECTION 2. Develop means to have a COMMENT consolidated report 3. Establish means to work out 'departmental" dif- fere ces and if not wor4d out, an "authority" to dicide disputes o RESUBMIT ----•--NO —� CITY----• REVIEW MEETING ii W/CHANGES L APPROVAL i W/APPLICANT n Ja Building Health Planning Electrical Engineering INAC Plumbing Fire CONSOLIDATED CITY STAFF REPORT O'��k�lL 1 �zJ YES PERMIT ISSUED V10, 1 C � P, , /�IYP a� COORDINATED PHYSICAL DEVELOPMENT PROCESS E vzInspections Eft �. Maintenance of Ordinances/Codes/ Compliances PERMIT ISSUED/CONSTRUCTION COMMENCED,complaint received, _ self-iiiiated action COMMENTS 1. Need to assign primary responsible department and responsibilities for: tC, INSPECTION done to determine compliance with -codes/ordinances -approved plans -Building and associated parcel -Bldg -Electrical FIELD -Zoning -Plumbing MODIFICATION -Fire -Grading/Landscaping 'ADJUSTMENTS -Health -HUAC -Non-Parcel Development (Public Utilities in Street) -Maintenance Once all associated 2. "Primary" Responsible department, insures all associated inspections done, inspections done Job is finalled e +_,t;_-0j 510 NORTH CENTRAL LIFE TOWER 445 MINNESOTA STREET ST. PAUL,MINNESOTA 55101 (612) 227-8017 P. 0. BOX 848 340 FIRST NATIONAL BANK BUILDING ROCHESTER, MINNESOTA 55903 (507) 288 -3156 315 FIRST NATIONAL BANK BUILDING WAYZATA, MINNESOTA 55391 (612) 475 - 0373 350 PARK AVENUE NEW YORK, NEW YORK 10022 (212) 415-9200 DORSEY & WHITNEY A Partnership Including Professional Corporations 2200 FIRST BANK PLACE EAST MINNEAPOLIS, MINNESOTA 55402 (612) 340-2600 TELEX 29-0605 TELECOPIER: (612)340-2868 THOMAS S. ERICKSON, P. A. (612) 340-2659 Mr. Kenneth E. Rosland City of Edina 4801 West 50 Street Edina, Minnesota 55424 Dear Ken: June 10, 1986 Re: On Sale Wine Ordinance; Massage Parlor Ordinance 201 DAVIDSON BUILDING 8 THIRD STREET NORTH GREAT FALLS, MONTANA 59401 (406)727-3632 304 TRANSWESTERN PLAZA III 550 NORTH 31'T STREET P. 0. BOX 1179 BI LUNGS, MONTANA 59103 (406)252-3800 30 RUE LA BOETIE 75008 PARIS, FRANCE Oil 331 562 32 50 I have revised Ordinance No. 902 relative to on -sale wine, and Ordinance No. 1353 to comply with the directions of the City Council at its meeting of June 2. A copy of each of the ordinance amendments is enclosed. If you have any questions concerning them, please advise. I presume both of these can be on the next Council agenda. We yet have to draft affidavits for on -sale wine applicants. Craig was going to send that information to me. Very truly yours, Tho 'ckson TSE:jd enclosures cc w/enclosures: Ms. Marcella Daehn Mr. Craig Swanson ORDINANCE NO. 1353-A2 AN AMENDMENT TO THE ORDINANCE LICENSING AND REGULATING PHYSICAL CULTURE AND HEALTH SERVICES AND CLUBS, REDUCING CLUBS AND SALONS, MASSAGE PARLORS, AND ESCORT SERVICES, TO REDUCE THE BUSINESS LICENSE FEE, PROVIDE FOR PARTIAL REFUND OF INVESTIGATION FEES, LIMIT THE LOCATIOD OF NASSF.GE PARLORS TO REGIONAL MEDICAL DISTRICTS, AND REMOVE RESTRICTIONS ON MALE -FEMALE AND FEMALE -MALE MASSAGES THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Reduction of Business License Fee. Paragraph (a) of Section 6 of Ordinance No. 1353 is hereby amended to change the fee for a business license from $3,000 to $200. Section 2. Partial Refund of Investigation Fees. Paragraph (b) of Section 6 of Ordinance No. 1353 is hereby amended to read as follows: "(b) Investigation Fees and Deposit. At the time of each original application for an individual license, the applicant shall deposit $50 with the City of Edina for the investigation fee. At the time of each original application for a business license, the applicant shall deposit $1,500 for the investigation fee. The cost of the investigation will be based on the expense involved, but in no event will it exceed $50 for an individual applicant, or $1,500 for a business applicant. All deposit monies not expended on the investigation will be refunded to the applicant." Section 3. Limitation of Business Licenses to Regional Medical Districts. Section 8 of Ordinance No. 1353 is hereby amended by adding the following thereto: "(j) If the application is for a business license for the performance of massage services, and if the location of the business premises described in the application for a business license is not within a Regional Medical District established pursuant to Ordinance No. 825 of the City of Edina." Section 4. Removal of Restrictions on Male -Female and Female -Male Massages. Paragraph (e) of Section 14 of Ordinance No. 1353 is hereby amended to read as follows: "(e) Employees of all businesses licensed hereunder must remain and be fully clothed." Section 5. Sub -paragraph 10 of paragraph (a) of Section 4 of Ordinance No. 1353 is hereby amended by adding the following thereto: "In lieu of delivery of the financial statement, the applicant may deliver a certification by a certified public accountant, acceptable to the City Manager, that the annual gross revenue for the same period of time as is required for the financial statement of the business from massage services is less than 25% of its total annual gross revenue for such period of time, with each year considered separately." Section 6. This Ordinance shall be in full force and effect upon its passage and publication. First Reading: Second Reading: Published in on ATTEST: City Clerk Mayor -2- ORDINANCE NO. 902-A4 AN ORDINANCE AMENDING ORDINANCE NO. 902 TO CONFORM TO THE STATE ESTABLISHED LEGAL DRINKING AGE AND TO ALLOW CERTAIN PERSONS UNDER THE AGE OF 18 TO WORK IN, BUT NOT SERVE OR SELL WINE IN QUALIFYING RESTAURANTS THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. The definition of "State Established Legal Drinking Age" as set out in Section 1 "Definitions" of Ordinance No. 902 is hereby amended, effective September 1, 1986, by changing the phrase "19 years of age." to "21 years of age." Section 2. Paragraph (e) of Section 40 of Part H of Ordinance No. 902 is hereby amended to read as follows: "(e) No person working in the licensed premises may be under the age of 18, except buspersons, dishwashers, musicians, waiters and waitresses, provided that they shall not serve or sell wine." Section 3. This ordinance shall be in full force and effect upon its passage and publication. First Reading: Second Reading: Published in on ATTEST: City Cler Mayor 880 WEST —FIRST NATIONAL BANK BUILDING ST. PAUL, MINNESOTA 55101 (512, 227-8017 P. 0, BOX 848 340 FIRST NATIONAL BANK BUILDING ROCHESTER, MINNESOTA 55903 (507, 288-3156 312 FIRST NATIONAL BANK BUILDING WAYZATA, MINNESOTA 55391 (612) 475-0373 DORSEY & WHITNEY A Partnership Including Professional Corporations 2200 FIRST BANK PLACE EAST MINNEAPOLIS, MINNESOTA 55402 (612) 340 - 2600 TELEx:29-0605 TELECOPIER c (612) 340-2868 Mr. Steve Landry Edina Fire Department City of Edina 4801 West 50th Street Edina, Minnesota 55424 Dear Steve: THOMAS S. ERICKSON, P. A. (612) 340-2659 October 11, 1983 201 DAVIDSON BUILDING 8 THIRD STREET NORTH GREAT FALLS, MONTANA 59401 (406) 727 - 3632 SUITE 675 NORTH 1800 M STREET N. W. WASHINGTON, D. C. 20036 (202)296-2760 30 RUE LA BOETIE 75008 PARIS, FRANCE TEL: (1) 562 32 50 I enclose herewith revised ordinances No. 612 and 645. Ordi- nance No. 612 has been amended as we discussed the other day. Ordinance No. 645 has not been changed from the prior draft sent to you. If these ordinances are now in proper form, they can be submitted to the City Clerk for distribution to the Council for inclusion on the Council agenda for October 17. I am forwarding a copy of this letter together with a copy of the ordinances to Mr. Ken Rosland and to Ms. Daehn, the City Clerk, so that they will have these ordinances for the Council meeting. Please call me if you have any questions or if there are any changes to be made in the enclosed ordinances. Very truly yours, 4 TSE:jd Thomas S. Erickson enclosures cc w/enclosures: VMr. Kenneth E. Rosland Ms. Marcella Daehn 3640 ,(11) :TSE :100883 ORDINANCE NO. 612 AN ORDINANCE ADOPTING THE MINNESOTA UNIFORM FIRE CODE AND THE NATIONAL FIRE CODE BY REFERENCE, REPEALING ORDINANCE NO. 611-Al AND 611-A2, ESTABLISHING A BUREAU OF FIRE PREVENTION, REQUIRING PERMITS, AUTHORIZING ESTABLISHMENT OF FIRE LANES AND IMPOSING A PENALTY. THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Adoption of Codes and Standards. There is adopted and incorporated herein by reference as an ordinance of the City: (a) The Minnesota Uniform Fire Code as promulgated by the Department of Administration of the State of Minnesota and published in the State Register and dated April 11, 1983 (which Code is hereinafter referred to as the "MUFC") with the changes and omissions hereinafter set forth; (b) The National Fire Code of the National Fire Protection Association, 1982 Edition (hereinafter referred to as "]VFC"), Volumes 1 through 16; and (c) The 1982 Edition of the Uniform Fire Code, as published by the International Conference of Building Officials and the 'Western Fire Chiefs Association (hereinafter referred to as "UFC"), with the changes and omissions hereinafter set forth. Section 2. Codes on File. One copy of each of the following codes, with the changes and omissions hereinafter set forth, each marked "Official Copy," shall be filed in the office of the Clerk prior to publication of this ordinance and shall remain on file and available for use and examination by the public: (a) MUFC; (b) NFC, Volumes 1 through 16; and (c) UFC. The Clerk shall furnish copies of said codes or standards at cost to any person upon request. Section 3. Definitions. (a) Wherever the word "jurisdiction" is used in the MUFC, :it shall mean the City of Edina. 3o40C(11):TSE::100883 (b) Wherever the term "corporation counsel" is used in the MU'FC, it shall mean the Attorney for the City of Edina. (c) Wherever the term "chief" is used in the MUFC, it shall mean the Chief of the Edina Fire Department or his designated representative. Section 4. Establishment of the Bureau of Fire Prevention. (a) The Bureau of Fire Prevention is hereby established in the Fire Department of the City. It shall be operated under the supervision of the Chief of the Fire Department. The members of the Bureau of Fire Prevention shall be the Chief of the Fire Department, an Assistant Chief of the Fire Department and all Inspectors of the Fire Department. The Chief of the Fire Department from time to time may appoint Inspectors of the Fire Department. (b) A report of the Bureau of Fire Prevention shall be made annually and transmitted to the Manager. It shall contain all proceedings under this ordinance with such statistics as the Chief of the Fire Department may wish to include therein; the Chief of the Fire Department shall also recommend any amendments to this ordinance which in his judgment shall be desirable. Section 5. Enforcement; Appeals. The provisions of this ordinance shall be enforced by the Building Official and the Bureau of Fire Prevention in accordance with Sections 3 through 10, inclusive, of Ordinance No. 471. Appeals from any order made by the Building Official or the Bureau of Fire Prevention shall be made in accordance with Sections 3 through 10, inclusive, of Ordinance No. 471. Section 6. Permit Fee. The fee for each permit required by this ordinance and for each annual renewal thereof shall be established by Ordinance No. 171. All permits unless otherwise noted shall expire one year from the date of issuance. Section 7. Orders Establishing Fire Lanes. (a) The Bureau of Fire Prevention is hereby authorized to order the establishment of fire lanes on public or private property as may be necessary in order that the travel of fire equipment may not be interfered with and that access to fire hydrants or 'buildings may not be obstructed. (b) Fire lanes in existence on and prior to March 5, 1980 shall be marked by a sign bearing the words "NO PARKING, FIRE LANE" or similar message. -2- 3640C (11) :TSE :100883 (c) Fire lanes established, or existing fire lanes changed, by the City after March 5, 1980 shall be marked by signs, double-faced, not more than 50 feet apart, bearing the words "NO PARKING, FIRE LANE," and the adjacent curb or roadway shall be striped yellow to clearly define limits of the fire lane. (d) When the fire lane is on public property or public right-of-way, the sign or signs shall be erected by the City, and when on private property, they shall be erected by the owner at his expense within 30 days after he has been notified of the order. Thereafter, no person shall park a vehicle on or otherwise occupy or obstruct the fire lane. (e) Whenever any member of the Bureau of Fire Prevention or Police Officer finds a vehicle unattended and obstructing a fire lane, such member of the Bureau of Fire Prevention or Police Officer is hereby authorized to provide for removal of such vehicle to the nearest convenient garage or other place of safety outside the limits of the fire lane, at the expense of the owner. (f) Violations of this section are exempted from the provisions of Section 8 of this ordinance and instead shall be governed and enforced by Ordinance No. 175. Section 8. Violation. No person shall be convicted of violating this ordinance unless he or she shall have been given notice of the violation in writing and a reasonable time to comply. Section 9. Penalty. Any person violating any provision of this ordinance or of any order made pursuant hereto shall be guilty of a misdemeanor and subject to penalties pursuant to Ordinance No. 175. Section 10. Amendments to the MUFC and UFC. (a) Article 4, "Permits and Certificates" of UFC is included in its entirety, with the following change: (1) Section 4.101, No. 38 of UFC, Places of Assembly, is amended to read: "38. Places of Assembly. To operate a place of assembly for purposes of entertainment, amusement, drinking, dining or awaiting transportation, with an occupant load in excess of 150 persons." (b) The following sections of Article 10, "Fire Protection" of UFC as adopted by MUFC are amended as follows: (1) Section 10.301 of UFC as adopted by MUFC is amended by adding thereto a new subsection (f), reading as follows: -3- 3640C(Il):TSE:100883 "(f) Permits for installation of fire protection systems shall be secured as provided for in City Ordinance No. 645, and fees established as provided for in City Ordinance No. 171." (2) Section 10.307(a) of UFC as adopted by MUFC is amended by adding a new paragraph to read as follows: "Electric magnetic door holders shall be installed on all fire doors located in area separation walls. When door holders are installed on stairway or smoke barrier doors, they shall be controlled and released by smoke detectors. All electric magnetic door holders shall be connected to the alarm and detection system in such a way that the doors will automatically close upon activation of the alarm system." (3) Section 10.307(c) of UFC as adopted by MUFC is amended to read: "(c) Standard for Installation, Inspection and Maintenance of fire alarm systems shall be according to standards in the NFC." (c) The following section of Article 11, "General Precautions Against Fire" of UFC as adopted by MUFC is amended as follows: (1) Section 11.204 of MUFC is amended by identifying the first paragraph as (a), and adding a new paragraph to read: "(b) Tests to establish flame retardant quality shall be as provided for in NFC Standard NFPA No. 701." (d) The following section of Article 79, "Flammable and Combustible Liquids" of UFC as adopted by MUFC is amended as follows: (1) Section 79.101(a) of UFC as adopted by MUFC is amended by deleting reference to Fire Mar 20-23 Rules and all. rules adopted thereby or contained therein. (e) MUFC is amended by deleting in its entirety 11 MCAR §1.5154 and all rules adopted thereby. (f) Article 82, "Liquified Petroleum Gases" of UFC is included in its entirety with the following changes: (1) Section 82.102 of UFC is amended by adding a new sub -section (c) to read as follows: "(c) Where a single container or the aggregate of interconnected containers is 500 or more gallons water capacity, the installer shall obtain a permit and plan approval from the Chief."' (2) Section 82.105(b) of UFC is deleted and a new section 82.105(b) is included to read as follows: "(b) All single container installations with a total water storage capacity -4- 3640C(11):TSE:100883 in excess of 1,000 gallons shall be protected by one or more of the following methods: (i) Mounded in an approved manner, or (ii) Protected with an approved insulation on such areas that may be subject to impingement of ignited gas from pipelines or other leakage, or (iii) Protected by fire walls of approved construction, or, (iv) Protected by an approved system for application of water, or, (v) Protected by other approved means." Section 11. Interpretation. In the event of a conflict between the provisions of the MUFC or NFC and the provisions of this ordinance, the more stringent provision shall apply. Provided, however, that no provision of this ordinance shall be interpreted to exceed the requirements of the Minnesota State Building Code, as adopted by the ordinances of the City of Edina. Section 12. Repealer. Ordinance No. 611-Al and No. 611-A2 are repealed in their entirety. Section 13. This ordinance shall be in full force and effect immediately upon its passage and publication. First Reading: Second Reading: Published in the Edina Sun on ATTEST: City Clerk Mayor -5- 3641C(11 ):TSL::100383 ORDINANCE NO. 645 AN ORDINANCE REQUIRING PERMITS FOR AND INSPECTIONS OF INSTALLATIONS OF FIRE PROTECTION SYSTEMS, AND IMPOSING A PENALTY. THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Codes and Standards. All fire protection systems shall be installed in full compliance with applicable City ordinances including then adopted Building and Fire Codes of the City. Section 2. Permit Required. Each person, before installing, reinstalling, extending, altering or modifying any fire protection system, shall make application to the City Building Official for a permit for that purpose and shall furnish a full description of the work together with such plans and specificatons as may be required by the Building Official or any member of the City's Bureau of Fire Prevention. Section 3. Inspection. All fire protection systems installed under permit shall be inspected by the Building Official or any member of the City's Bureau of Fire Prevention or by a special inspector designated by the City and shall be approved by any one of them. Inspection shall be made during installation and before closure or concealment. A final inspection and full operating test, with test results satisfactory to the Building Official, any such member, or such special inspector, shall be made before approval of the system will be given. Section 4. Permit Fees. Fees for permits required by this ordinance shall be established by Ordinance No. 171. Section 5. Definition. For purposes hereof, a fire protection system is defined to mean any grouping, arrangement or system of equipment or devices intended to detect, control and/or suppress a fire, including, without limitation, any firc alarm system, sprinkler system, fire department standpipe system and fixed fire extinguishing system. Section 6. Penalty. Any person violating any provision of this ordinance shall be guilty of a misdemeanor and subject to penalties pursuant to Ordinance No. 175. 3641C(11):TSE:100383 Section 7. This ordinance shall be in full force and effect immediately upon its passage and publication. First Reading: Second Reading: Published in the Edina Sun on ATTEST: City Clerk Mayor 880 WEST -FIRST NATIONAL BANK BUILDING ST. PAUL,MINNESOTA 55101 (612) 227 - 8017 P. 0. BOX 848 340 FIRST NATIONAL BANK BUILDING ROCHESTER, MINNESOTA 55903 (507) 288-3156 312 FIRST NATIONAL BANK BUILDING WAYZATA, MINNESOTA 55391 (612) 475-0373 DORSEY & WHITNEY A Partnership Including Pro%ssional Corporations 2200 FIRST BANK PLACE EAST MINNEAPOLIS, MINNESOTA 55402 (612) 340 - 2600 TELEX:29-0605 TELECOPIER : (612) 340-2868 Mr. Mark Bernbardson City of Edina 4801 West 50th Street Edina, Minnesota 55424 Dear Mark: THOMAS S. ERICKSON, P. A. (612) 340-2659 August 5, 1983 Re: Ordinance No. 901 - Liquor Ordinance 201 DAVIDSON BUILDING 8 THIRD STREET NORTH GREAT FALLS, MONTANA 59401 (406) 727- 3632 SUITE 675 NORTH 1800 M STREET N. W. WASHINGTON, D. C. 20036 (202)296-2780 30 RUE LA BOETIE 75008 PARIS, FRANCE TEL: (1) 562 32 50 Enclosed is a proposed amendment to the liquor ordinance. This amendment deletes the restriction on Sunday sales, makes other changes in the hours of sale to clarify those hours and to conform to other changes recently made by the Legislature, and adds the new requirement that the Clerk obtain proof of financial responsibility for liability under the Dram Shop Act, I presume this ordinance can now be given to Council for action at its next meeting. If you have any questions, please call. TSE:jd enclosure cc w/enclosure: Mr. Kenneth E. Rosland cc w/enclosure (master): Ms. Marcella Daehn very truly yours,`\ ckson ThoLS S. Eri ORDINANCE NO. 901-A10 AN ORDINANCE AMENDING ORDINANCE NO. 901, TO ALLOW SALES OF NON -INTOXICATING MALT LIQUOR AND OF INTOXICATING LIQUOR ON THE DAY OF ANY STATEWIDE ELECTION, TO CLARIFY HOURS OF SALE, AND TO REQUIRE PROOF OF FINANCIAL RESPONSIBILITY THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Hours of Sale. Paragraphs (a), (b) and (c) of Section 18 of Ordinance No. 901 are hereby amended to read as follows: "(a) No sale of non -intoxicating malt liquor shall be made between the hours of 1:00 A.M. and 8:00 A.M. on any weekday, Monday through Saturday, nor shall any sale be made on any Sunday between the hours of 1:00 A.M. and 12:00 noon;-Rey-be�weea-the-heave-a€-I�98-A:P4:-aad-8�89-P-P4T-ea-the-dey-a€-e�y etatewlde-eleetlea. ,(b) No on -sale of intoxicating liquor shall be made until 8:00 A.M. on Monday nor between the hours of 1:00 A.M. and 8:00 A.M. on any weekday, Tuesday Peachy through Saturday; nor after 8:00 P.M. on December 24 between the-heure -a€-Itg@-ATMv-aad-gt9A-P-rM7-ea-the-dad*-e€-any-statewide-eleetlee. (c) No on -sale or off -sale of intoxicating liquor shall be made after 1:00 A.M. on Sunday nor until 8:00 A.M. on Monday, except as allowed by this Ordinance as to holders of a Sunday sale license. Sec. 2. Proof of Financial Responsibility. Sections 9 and 16 of Ordinance No. 901 relating to issuance of licenses for sale of intoxicating liquor and non -intoxicating malt liquor, respectively, are hereby amended by adding to each section the following: "Every person licensed, or applying for a license, under this Ordinance, in addition to other requirements imposed by this Ordinance for the obtaining or renewal of a license, shall demonstrate proof of financial responsibility with regard to liability imposed by Minnesota Statute, Section 340.95, to the City Clerk, as a condition to the issuance or renewal of such license, in the manner and to the extent required by Minnesota Statute, Section 340.11, Subdivision 21, provided, if any licensee or applicant claims exemption from the requirements of said statute, proof of such exception shall be established by affidavit given by such licensee or applicant, such affidavit to be in form and substance acceptable to the City Clerk. Sec. 3. This ordinance shall be in full force and effect upon its passage and publication. First Reading: Second Reading: Published in the Edina Sun on 880 WEST -FIRST NATIONAL BANK BUILDING ST. PAUL,MINNESOTA 55101 (612) 227 - 8017 P. 0, BOX 848 340 FIRST NATIONAL BANK BUILDING ROCHESTER, MINNESOTA 55903 (507) 288-3156 312 FIRST NATIONAL BANK BUILDING WAYZATA, MINNESOTA 55391 (612) 475-0373 DORSEY & WHITNEY A Partnership Including Professional Corporations 2200 FIRST BANK PLACE EAST MINNEAPOLIS, MINNESOTA 55402 (612) 340 - 2600 TELEX: 29 - 0605 TELECOPIER c (612) 340-2868 Mr. Kenneth E. Rosland City of Edina 4801 West 50th Street Edina, Minnesota 55424 Dear Ken: THOMAS S. ERICKSON, P. A. (612) 340-2659 February 17, 1983 Re: Consumption of Beer in Parks 201 DAVIDSON BUILDING 8 THIRD STREET NORTH GREAT FALLS, MONTANA 59401 (406)727-3632 SUITE 675 NORTH 1800 M STREET N. W. WAS HINGTON, D. C. 20036 (202) 296 - 2780 30 RUE LA BOETIE 75008 PARIS, FRANCE TEL: (1) 562 32 50 In connection with our recent discussions concerning consump- tion of beer in parks, I reviewed Edina Ordinance No. 901 with that sub- ject in mind. Even though the City Council has concluded that no beer should be allowed to be consumed in the city parks, I do think it appropriate that at least one amendment be made to the Ordinance relating to that subject. Section 13 of Ordinance No. 901 provides that on -sale beer licenses can be granted to "golf courses." Section 19 provides that no beer "shall be consumed in a public park, on a public street, or in any public place." We do, of course, have outstanding beer licenses for the clubhouse in Braemar Park and the golf dome in Braemar Park. Because of those licenses, and with full appreciation for the decisions of the Council that no beer shall be consumed in public parks, I do recommend the following amendments to Ordinance No. 901: 1. That Section 13, allowing on -sale beer licenses to be issued to "golf courses," be expanded to state "including golf courses and golf domes which are a part of or within a public park ....". We will want to refine and define the term "golf dome" in the actual ordi- nance. 2. That Section 19 have added to it a phrase to the effect that the restriction on consumption of beer in a public park or in any public place shall not be applicable to golf courses or golf domes which are a part of or are within a public park or public place. Also, the City may wish to restrict the consumption of beer in connection with licenses issued to public golf courses and golf domes to DORSEY & WHITNEY Mr. Kenneth E. Rosland February 17, 1983 Page Two the clubhouse, as to the golf course, and to the golf dome itself, as to the golf dome. If so, that specific restriction should be set forth in an ordinance amendment. TSE:jd Very truly yours, � kson Thc�nas C ITV OF "EDINA 4801 WEST 50TH STREET, EDINA, MINNESOTA 55424 612-927-8861 March 16, 1983 Mark Johnson, Esq. 4108 IDS Center Minneapolis, MN 55402 Re: Ordinances Regulating Sexual Related Activities Dear Mr. Johnson: I have enclosed copies of the three ordinances relating to sexual activity: No. 1065 - Prohibiting Prostitution No. 1066 - Disorderly House No. 1353 - Regulation of Physical Culture, Reducing Salons, Massage, etc. At this time the City does not have a specific ordinance regulating sales of books, magazines, movies or video tapes of pornographic material. As a side note, the staff did recommend an amendment to Ordinance No. 1353 to forego the business license need for a business that met the following criteria: 1. The principal activity of the business shall not be the performance of massage services. 2. The activity of the business is conducted and performed on the business premises. 3. No more than two persons licensed to perform massage services under this ordinance shall perform such massage services at any one time on the business premises. 4. The annual gross revenue of the business from performing massage services is less than 25% of the total annual dross revenue of the business. This was done to accommodate selected businesses such as beauty shops and other legitimate business that provide masseuse services as an auxiliary to the business. However, the Council rejected this amendment. Should you have questions, please feel free to contact me. Sincerely, at Mark E. Ber rdson Assistant City Manager MEB:MD end 880 WEST -FIRST NATIONAL BANK BUILDING ST. PAUL, MINNESOTA 55101 (612) 227-8017 P. 0. BOX 848 340 FIRST NATIONAL BANK BUILDING ROCHESTER, MINNESOTA 55903 (507) 288-3156 312 FIRST NATIONAL BANK BUILDING WAYZATA, MINNESOTA 55391 (612) 475-0373 DORSEY & WHITNEY A Partnership Including Professional Corporations 2200 FIRST BANK PLACE EAST MINNEAPOUS, MINNESOTA 55402 (612) 340 - 2600 TELEX: 29 - 0605 TELECOPIER : (612) 340-2868 THOMAS S. ERICKSON, P. A. (612)340-2659 April 19, 1983 Robert Latz, P.A. Attorney at Law 4150 IDS Center Minneapolis, Minnesota 55402 Dear Mr. Latz: 201 DAVIDSON BUILDING 8 THIRD STREET NORTH GREAT FALLS, MONTANA 59401 (406) 727 - 3632 SUITE 675 NORTH 1800 M STREET N. W. WASHINGTON, D. C. 20036 (202)296-2780 30 RUE LA BOETIE 75008 PARIS, FRANCE TEL: (1) 562 32 50 I am responding to your letter of April 18, 1983. We have, as your letter indicates, discussed, on two occasions, the ordinances of the City of Edina relating to amusement devices, being the licen- sing fees and the restrictions on minors; we have not discussed, though you have made a passing reference to, zoning restrictions. I have not responded to date because the City is still studying the matter. You may conclude that our study is delay. I assure you that the study is simply that, and not a delaying tactic. We hope to have a decision on the fees and the eighteen -year -old restriction shortly after the end of this month. I am mystified by your statements concerning "legal action." We have never discussed specifics, only the general question of fees and restrictions on minors. Over what would you sue us? I frankly have no idea as to the basis of a suit by your client. In any event, we propose to proceed with our study of the two issues we discussed in a timely and proper manner and to act on Uhem in a way determined by the City to be in its best interests and according to law. I leave you to respond to that situation in any manner you be- lieve necessary. Very truly yours, TSE:jd Th s S. rickson cc w/enclosure: a Mr. Kenneth E. Rosland Mr. Gordon L. Hughes P., P__'� ROBERT LATZ DAVID J. GOLDMAN JACK D. MOORE Thomas Erickson Dorsey Law Firm 2200 First Bank Minneapolis, MN ROBERT LATZ, P.A. ATTORNEYS AT LAW April 18, 1983 Place East 55402 WIAPR 191983 41SO 1 D S CENTER 80 SOUTH EIGHTH STREET MINNEAPOLIS, MINNESOTA 55402 612 • 339-0700 Re: Advance -Carter Company - Edina Ordinances Dear Mr. Erickson: Your records should indicate that I spoke to you on January 24, 1983 and again on February 24, 1983 with reference to several questions involving ordinances of the city of Edina affecting our client Advance -Carter Company. Those questions related to the increase in the license fee on amusement devices from $25.00 to $100.00; the zoning restrictions on amusement devices; and the provision restricting minors from playing pinball machines. You indicated to me that these matters were to be reviewed by the appropriate persons in Edina city government and that you would get back to me when a response was appropriate. It is now almost three months from my first contact with you, and you have not responded. I do not know the reasons for this lack of response, but it puts us in a difficult position. *lsy initial contact with you was with the hope that there could be discussion on these problems and an effort to mutually resolve them without the necessity of legal action. Obviously, legal action would be expensive to both parties. Your failure to respond can lead us to only one conclusion; namely, that neither you nor your clients intend to approach these matters in such a way as to seek to accommodate our concerns. You therefore appear to be leaving us with little choice but to take a route which we view as a last resort. We hope that legal action will not be necessary. Therefore, I am setting my calendar ahead for an additional 30 days. If 4. Thomas Erickson -2 April 18, 1983 we have not had an appropriate response indicating progress on this matter by then, we will find that legal action concerning these matters is necessary and we will proceed accordingly. Very truly yours, ROBERT LATZ, P.A. M 64 - Robert Latz l RL:nk C.C. Mayor of Edina City Manager Edina City Council Members Advance -Carter Company MENI0RAN D U M DATE: March 15, 1983 TO: Ken Rosland FROM: David A. Velc!5 N SUBJECT: Ordinance Amendment to Ordinance No. 434 Recently we have received several requests for waivers of the deck requirement for indoor whirlpools. Presently, Edina City Ordinance No. 434 requires a four foot deck around any swimming pool or special purpose pool. The Board of Building Appeals has granted waivers for this deck requirement around small, shallow, special purpose pools such as whirlpools. This action is consistent with the position taken by the Minnesota Department of Health for public special purpose pools. At the urging of the Board of Building Appeals, we have drafted an amend- ment to the Ordinance which will address this issue utilizing some very simple criteria whereby this waiver may be granted by the Building Official. We would like to have this amendment acted upon with the second reading waived on March 21, 1983. ORDINANCE NO. 434-A6 AN ORDINANCE AMENDING ORDINANCE NO. 434 TO REGULATE SPECIAL PURPOSE POOLS WHICH ARE LOCATED INDOORS THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Paragraph (g) of Section 6 of Ordinance 434 is amended by addition the following paragraph at the end of Section 6(g) : "The Edina Building Official may waive the deck requirement for a special purpose swimming pool under the following conditions: 1. The pool is located indoors and the pool is accessible from at least one side by a deck; 2. The deck is no less than 4 feet wide as measured perpendicular to the pools' side and no less than 8 feet long as measured parallel with the pools' side; and 3. The pool is no greater than 80 square feet in water surface area. Section 2. This Ordinance shall be in full force and effect upon its pssage and publication. First Reading: Second Reading: Published in the Edina Sun on ATTEST: City Clerk Mayor 880 WEST -FIRST NATIONAL BANK BUILDING ST. PAUL, MINNESOTA 55101 (612) 227-8017 P. O. BOX 848 340 FIRST NATIONAL BANK BUILDING POCH ESTER, MINN ESOTA 55903 (507) 288-3156 312 FIRST NATIONAL BANK BUILDING WAYZATA, MINNESOTA 55391 (612) 475-0373 DORSEY & WHITNEY A Partnership Including Professional Corporations 2200 FIRST BANK PLACE EAST MINNEAPOLIS, MINNESOTA 55402 (612) 340 - 2600 TELEX: 29 - 0605 TELECOPIER : (612) 340-2868 THOMAS S. ERICKSON, P.A. (612) 340-2659 May 2, 1983 Robert Latz, P.A. Attorney at Law 4150 IDS Center Minneapolis, Minnesota 55402 201 DAVIDSON BUILDING 8 THIRD STREET NORTH GREAT FALLS, MONTANA 59401 (406)727-3632 SUITE 675 NORTH 1800 M STREET N. W. WASHINGTON, D. C. 20036 (202)296-2780 30 RUE LA BOETIE 75008 PARIS, FRANCE TEL: (1) 562 32 50 Re: City of Edina - Licensing and 18-Year Old Restriction - Video Games Dear Mr. Latz: This letter is to advise you that the City Council of the City of Edina has now authorized this office to draft an amendment to its ordinance which presently restricts the playing of amusement de- vices by those under eighteen years of age. The amendment would set forth restrictions on the playing of amusement devices which would be more directly related to the objectives to be attained (e.g., no play- ing of games during school hours). This letter is further to advise you that the City is presently studying its fee structure for the licensing of amusement devices. That study, among other things, consists of more detailed record keeping than previously undertaken by the City. In order to make the study effective, the record keeping will be done for a period of approximately six months, at which time the results of that study will be reviewed for purposes of determining the licensing fee structure. We see no difficulty with the time frame of the study since all of the amusement devices now in the City have been licensed and those licenses now are valid until the end of the year. We give you this information because of your interest in the above subjects. We will continue to keep you advised. Very truly yours, r I v TSE:jd Thomas S. ickson cc: 4. Kenneth E. Rosland Mr. David Velde 880 WEST -FIRST NATIONAL BANK BUILDING ST. PAUL,MINNESOTA 55101 (612) 227- 8017 P. 0. BOX 848 340 FIRST NATIONAL BANK BUILDING ROCHESTER, M INNESOTA 55903 (507) 288.3156 312 FIRST NATIONAL BANK BUILDING WAYZATA, MINNESOTA 55391 (612) 475-0373 DORSEY & WHITNEY A Partnership Including Professional Corporations 2200 FIRST BANK PLACE EAST MINNEAPOLIS, MINNESOTA 55402 (612) 340 - 2600 TELEX: 29 - 0605 TELECOMER: (612) 340-2866 Ms. Florence Hallberg City of Edina 4801 West 50th Street Edina, Minnesota 55424 THOMAS S. ERICKSON, P. A. (612) 340-2659 May 16, 1983 Re: Ordinance No. 1213 Dear Florence: 201 OAVIDSON BUILDING 8 THIRD STREET NORTH GREAT FALLS, MONTANA 59401 (406)727-3632 SUITE 675 NORTH 1800 M STREET N. W. WASHINGTON, D. C. 20036 (202)296-2780 30 RUE LA BOETIE 75008 PARIS, FRANCE TEL: (I) 552 32 50 Enclosed is proposed Ordinance 1213. This ordinance is to implement Chapter 59, being the special legislation for Edina relative to the doing of certain work and assessing unpaid costs. I suggest this ordinance be put on the Council agenda for the first meeting in June in the expectation that by then the Council resolu- tion approving Chapter 59, Minnesota Session Laws, will be adopted and submitted to the Secretary of State with the required certificate (Chapter 59 becomes effective the day after the certificate is filed with the Secretary of State). The enclosed ordinance overlaps in part with, but is broader than, other ordinances of the City (see Ordinance No. 1202 relating to cleaning of sidewalks; Ordinance No. 1211 relating to re- moval of weeds; and Ordinance No. 1212 relating to activity similar to that set out in the enclosed ordinance). I have not attempted to amend or incorporate those other ordinances into this ordinance. I do not foresee any difficulty in having available more than one ap- plicable ordinance under which the City can act. Very truly yours, TSE:jd Th S. Erick�__p son enclosure cc w/enclosure: ✓Mr. Kenneth E. Rosland Mr. Gordon L. Hughes ORDINANCE NO. 1213 AN ORDINANCE PROVIDING FOR THE REMOVAL OF SNOW, ICE AND RUBBISH FROM PUBLIC SIDEWALKS AND STREETS AND PUBLIC PARKING FACILITIES, WEED ELIMINATION FROM PUBLIC STREETS AND SIDEWALKS AND OTHER PUBLIC OR PRIVATE PROPERTY, REMOVAL AND ELIMINATION OF PUBLIC HEALTH AND SAFETY HAZARDS FROM PRIVATE PROPERTY, INSTALLATION AND REPAIR OF WATER SERVICE LINES, PUBLIC STREET SPRINKLING AND OTHER DUST TREATMENT OF PUBLIC STREETS OR ALLEYS, TRIMMING AND CARE OF TREES, REMOVAL OF UNSOUND TREES FROM PUBLIC RIGHTS -OF WAY, BOULEVARDS OR SIDEWALKS, TREATMENT AND REMOVAL OF INSECT INFESTED OR DISEASED TREES ON PRIVATE PROPERTY, REPAIR OF PUBLIC SIDEWALKS AND ALLEYS, OPERATION OF A LIGHTING SYSTEM FOR PUBLIC STREETS, SIDEWALKS OR PARKING FACILITIES, AND OPERATION OF PUBLIC PARKING FACILITIES, PUBLIC PARKS AND RELATED FACILITIES; PROVIDING FOR THE COLLECTION OF THE COST OF SUCH WORK AS A SPECIAL ASSESSMENT AGAINST PROPERTY BENEFITTED THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Manager May Order Certain Work Done. Pursuant to Chapter 59, Minnesota Laws of 1983, the City Manager may from time to time order the following items of work to be done: (a) Removal of snow, ice and rubbish, including litter, from public sidewalks and streets and public parking facilities; (b) Elimination of weeds, including aquatic weeds, from public streets and sidewalks and other public or private property; (c) Removal or elimination of public health or safety hazards from private property, excluding any structure included under the provisions of Sections 463.15 to 463.26 of the Minnesota Statutes; (d) Installation and repair of water service lines; (e) Sweeping, oiling, sprinkling or other dust treatment of public streets or alleys, including incidental maintenance work; (f) Trimming and care of trees and the removal of unsound trees within public rights -of -way, boulevards or sidewalks; (g) Treatment and removal of insect infested or diseased trees on private property; (h) Repair of public sidewalks and alleys; (i) Operation, including maintenance and repair, of lighting systems for public streets, sidewalks or parking facilities; and 3461C (10 ): TSE: 051283 (j) Operation, including maintenance and repair, of public parking facilities, public parks and related facilities. The order shall state the location and type of work to be done. The Manager shall transmit a copy of such order to the Director of Public Works and Engineering, or in the case of trimming, care or removal of trees to the City Forester. The Director of Public Works and Engineering or City Forester shall then have such work done by directly purchasing the necessary materials and employing day labor, or by entering into contracts for such work with private parties. In the case of oiling or other treatment of a street which is divided down the center line thereof between the City and a neighboring municipality, the work may be done and the cost apportioned as may be provided by a cooperative agreement with the neighboring municipality. Sec. 2. Record of Cost. The Director of Public Works and Engineering or the City Forester shall keep records of and report to the City Clerk the actual cost of such work, and, in the case of costs to be charged prior to the incurrence thereof pursuant to Section 3 hereof, the estimated cost of such work. In either case, such records and reports shall include the cost of all such work done or to be done on any streets or portions thereof situated beyond the City boundaries pursuant to a cooperative agreement with a neighboring municipality. Sec. 3. Collection Before Levy as a Special Assessment. All costs incurred or to be incurred for such work, or such portion thereof as the Council by resolution from time to time shall determine to charge pursuant hereto, shall be charged with such frequency as the Council by resolution from time to time shall determine, to each owner of each separate lot or parcel of land benefitted by such work, in proportion to the benefits conferred upon such lots or parcels. If any charge is made for a cost to be incurred and, based upon subsequent actual costs, is found to be excessive, subsequent charges shall be reduced by such excess, and, if deficient, subsequent charges shall be increased by such deficiency. Any charge not paid in full by September 10 of each year shall be levied as a special assessment against the lot or parcel of land benefitted. Provided, that such charges shall not be made or levied against detached, single-family housing for the operation, maintenance or repair of public parks and related facilities. Sec. 4. LevXof Assessment. On or before September 15 of each year, the City Clerk shall prepare an assessment roll assessing all costs of such work reported to him against each separate lot or parcel of land benefitted by such work, in proportion to the benefits conferred upon such lots or parcels, subject, however, to the proviso in Section 3 hereof. In the case of such work done pursuant to a cooperative agreement as set forth in Section 1 hereof, the cost of the work done by the City shall be spread against all lots or parcels of land abutting on the City side of the streets covered by the cooperative agreement. The Council shall thereupon examine such assessment roll submitted by the -2- 3461C(10):TSE:051683 City Clerk, and if satisfactory, shall call a public hearing and levy special assessments for such work in accordance with Minnesota Statutes, Section 429.061. All such special assessments shall be payable in a single installment, or such additional annual installments not to exceed the maximum number allowed by law, as may be fixed by the resolution approving the special assessments, with interest thereon at the rate fixed in the resolution approving the special assessments, but not to exceed the highest rate allowed by law. Sec. 5. Other Ordinances and Remedies. The methods and remedies authorized by this ordinance are in addition to any other methods or remedies available to City by state statute or City ordinance. Sec. 6. This ordinance shall be in full force and effect immediately upon its passage and publication. —3— MEMORANDUM TO: CRAIG SWANSON BILL BERNHJELM GORDON HUGHES DAVE VELDE MARK BERNHARDSON FROM: KENNETH ROSLAND, CITY MANAGER SUBJECT: MASSAGE/SAUNA ORDINANCE DATE: SEPTEMBER 16, 1982 As you may be aware, there are at least two businesses (see attached article) and possibly two more (YMCA and Grecian Health Spa) that are presently in violation of the City's ordinance regarding licensing of these activities. Attached is a copy of the present ordinance. I would like you to do some creative thinking as to changes, if any, we could make regarding permitting legitimate business but still retaining a handle on illegitimate ones - I realize that may be difficult. I would then like to get together with you to briefly discuss it on Friday, September 24, 1982, at 8:30 a.m. in the Reception Conference Room. In addition to discussing creative alterations, if any, we will spend a little time discussing how to handle our current violations. PA N City P4a`ria ge r KER:md MEMORANDUM TO: ALL DEPARTMENT HEADS FROM: FLORENCE HALLBERG, CITY CLERK ✓' SUBJECT: FEES AND CHARGES ORDINANCE NO. 171 DATE: JUNE 17, 1981 At its June 1, 1981, meeting the Edina City Council passed first reading and waived second reading of the Fees and Charges Ordinance No. 171. The Ordinance was published on June 17, 1981, so it is now in full force and effect. The fees and charges as listed in Schedule A of the Ordinance are now to be the amounts charged for purposes as listed, Please update your records and related forms, etc. to comply with the Ordinance. FBH:md t DORSEY, WINDHORST, HANNAFORD, WHITNEY & HALLADAY HENRY HALLADAY G. LARRY GRIFFITH JULE HANNAFORD CRAIG A. BECK ARTHUR B-WHITNEY DAVID L. MCCUSKEY RUSSELL W. LINDOUIST THOMAS 0. MOE DAVID R. BRINK JAMES H. O'HAGAN H GRACE HITCH JOHN M. MASON VIRGIL H. HILL LARRY L. VICKREY ROBERT V. TARBOX LOREN R. KNOTT ROB ERT J. JOHNSON PHILLIP H. MARTIN MAYNARD B. HASSELOUIST REESE C JOHNSON PETER DORSEY CHARLES J-HAUENSTEIN GEORGE P. FLANNERY CHARLES A. GEER CU RTIS L. ROY JOHN C. ZWAKMAN ARTHUR E. WEISBERG JOHN R. WICKS DU NE E. JOSEPH EUGENE L. JOHNSON JAMES B. VESBEY JOHN W. WINDHORST, JR. WILLIAM A. WHITLOCK MICHAEL PRICHARD EDWARD J. SCHWARTZBAUER JOHN P. VITKO THOMAS M. BROWN WILLIAM R. BOTH CORNELIUS D. MAHONEY, JR. RICHARD G. SWANSON WILLIAM C. BABCOCK FAITH L. OHMAN THOMAS S. ERICKSON DAVID A. RANHEIM MICHAEL E. BRESS ROBERT J. SILVERMAN RAYMONG A. REISTER THOMAS R. MANTHEY JOHN J. TAYLOR WILLIAM R.HIBBS WILLIAM J. HEMPEL PHILIP F. SOELTER JOHN S. HIBBS WILLIAM B. PAYNE ROBERT 0. FLOTTEN ROBERT A. HEIBERG JOHN 0_ LEVINE JOHN D. KIRBY RODERT J. STRUYK ROBERT A. SCHWARTZBAUER MICHAEL A. OLSON DAVID N. FRONEK LARRY W_ JOHNSON THOMAS W TINKHAM THOMAS S. HAY JON F. TUTTLE 2300 FIRST NATIONAL BANK BUILDING EMERY W. BARTLE W. CHARLES LANTZ WILLIAM A. JOHNSTONE STEVEN F WOLGAMOT M I N N E A P O L I S, M I N N E S O TA S S 4 0 2 STEVEN K. CHAMPLIN MICHAEL J. RADMER J MAROUIS EASTWOOD EDWARD J. PLUIMER MICHAEL TRUCANO OWEN C. MARX JAMES A FLADER DAMES E. BOWLUS (6 1 2) 340 - 2600 DAVID L. BOEHNEN GEORGE L CHAPMAN MICHEL A. LAFOND THOMAS D. VANDER MOLEN DON D. CARLSON MARK A. JARBOE PAUL J. SCHEERER BRUCE D. BOLANOER FRANK H. VOIGT JUDITH A. ROGOSHESKE WILLIAM H. HIPPEE, JR. PAUL B_ KLAAS ROBERT A_ BURNS MARGE BY K. CTTO CABLE: DOROW ROGER J. MAGNUSON RONALD J. BROWN PETER S. HENDRIXSON MARC L. KRUGER TELEX: 29-0605 J. ROBERT HIBBS CATHERINE A. BARTLETT JAY F. COOK DAVID J. LUBBEN TELECOPIER: (612) 340-2668 STANLEY M. REIN BRUCE J. SHNIDER CHARLES L. POTUZNIK GEORGE G. ECK 1468 W-FIRST NATIONAL BANK BUILDING VERLANE L.ENDORF DENNIS P. BURATTI DARRON C. KNUTSON BARBARA B. FARRELL ST. PAUL,MINNESOTA 55101 GEORGEANN BECKER LEND MCELRATH, JR. (61-2) 227-8017 ROBERT L. HOBBINS BARRY D. GLAZER MARIANNE D_ SHORT MICHAEL E. REESLUND IRVING WEISER ELIZABETH A. GOODMAN 115 THIRD STREET SOUTHWEST STEPHEN E. GOTTSCHALK MINNESOTA 55901 KENNETROCHESTER, GARYM.H HNSONR GARY M.JOHNSON IS07) 288-3156 JAY L. SENNETT ROBERT G. BAYER OF COUNSEL SUZANNE B. VAN DYK WALDO F. MAROUART E. �r�, y 271, 1980 JTUART DAVI D JACKSONILL JOHNGF FINNNDERSON "s. g'lorance Hallberg Ca.cv Clerk city of Edina 4801 west 50th Street Edina, Minnesota 55424 RE: Ordinance No. 1111-A5 Dear Florence T enclose herewith a copy of a proposed ordinance amending Ordinance No. 1111 relating to water emergencies . This was requested by Ken Rosland.. if it meets with Caen ° s approval, please place this ordinance on the next Council meeting, agandia.. If you have: any questions regarding this matter.; please advise. Very truly yours, Th rmas S. Erickson "PS ty/b j d rnclooure c^ . Mr. . Kenneth-Rosland (Te/en.closure) ORDINANCE NO. 1111-A5 AN ORDINANCE AMENDING ORDINANCE NO. 1111 TO AUTHORIZE THE DECLARATION OF WATER EMERGENCIES DURING WHICH TIME THE USE OF WATER SHALL BE REGULATED, AND PRESCRIBING A PENALTY THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA,-ORDAINS: Section 1. Ordinance No. 1111 of the City is hereby amended by adding thereto the following section: "Sec. 8. Water Emergencies. (a) Whenever the City Manager considers it to be necessary or desirable, he may declare a water emergency, during which time reasonable rules and regulations established by the City Manager in connection with the use of water shall be in effect. (b) Any person violating any rule or regulation promulgated pursuant to subdivision (a) of Section 8 of this ordinance shall be guilty of a misdemeanor and subject to a fine not exceeding $500 or imprisonment for a period not exceeding 90 days with cost -of prosecution in either case to be added." Sec. 2. This ordinance shall be, in full force and effect upon its passage and publication. MEMORANDUM TO: ALL DEPARTMENT HEADS FROM: KENNETH ROSLAND, CITY MANAGER SUBJECT: FEES AND CHARGES DATE: FEBRUARY 12, 1981 As you are aware, we are attempting to put together an ordinance which will pull all the fees and charges collected by the City under ordinance into one ordinance. In addition to fees addressed by ordinance, it is necessary that we look at fees collected by resolution or otherwise. Review the draft of the fee ordinance you have received and then note any other fees which we charge but that are not included in the fee ordinance, such as recreation fees, developers agreements, false alarm fees, etc. Be as thorough as possible in order that we may have an accurate accounting of all the fees and charges collected by the City. Please try to have this information to Ceil Smith by February 19, 1981. KR:md -f, MEMORANDUM TO: MAYOR AND COUNCIL FROM: KENNETH ROSLAND, CITY MANAGER SUBJECT: ORDINANCE FEES DATE: DECEMBER 11, 1980 The City at present lists some type of fees or charges in at least 54 different ordinances and has other types of charges not enacted by ordinance. (See attached.) Review and/or amendment of such fees and charges on an annual basis can be cumbersome for both Council and staff members and when fragmented as such does not readily give an overall picture of the services and charges associated with various City activities. In order to facilitate review and/or changes and reduce the individual amendment changes, it is recommended that a "Fees and Charges Ordinance" be established and that annually these be amended if necessary. If the Council agrees with this concept, the new ordinance with amended fees would be brought to the Council after proper notice early next month. OF City" Manager KER:md CURRENT TYPES OF FEES AND CHARGES IN PRESENT ORDINANCES: Public Dances Garbage Collectors/Scavengers Bowling Alleys Peddlers Kart Tracks Motor Cycle Rentals Bingo, Gambling, Raffles Cigarettes Mechanical Amusement Devices Taxicabs Theatres Health Clubs Dog/Animal Kennels Building Fees Regulation of Moving Demolition Plumbing/Mechanical Swimming Pools Signs Fire Fees Milk Sales Food Establishments Fumigation Hotels Planning Fees Antennas Soil Erosion Mining Tree Removal Liquor/Beer Licenses Sewer/Water Charges Park Ramp Rates 12/11/80 e 1A _JJO_C_ 2 letters I �. Wed., May 7, 1980—Sun Newspapers —Page 5A llWhy forbid pools above -the -ground? Dear Editor: We just moved to Edina recently. Our parents promised us an above - the -ground swimming pool. We were disappointed to find out that they are not allowed in Edina. I don't understand why they aren't allowed,, because, properly installed, they are an addition to a yard's good looks as well as to usefulness. Besides, safety demands a fence to be built around the pool or yard. Since fences have to be built, why not require privacy ones? The looks of the pools seems to be the only objection to above -the - ground pools, so why aren't boats, campers and cars, outside on lawns, banned also? I'd like to see this ordinance changed because I think family rec- reation is important too. I'd like to hear- what other readers think. - Michelle Sherry,14, Edina. �FC1t %J y� C/4 ` .l OLIVER pp < y �w{ ENDELL M U .)'.�+ U IvIE'S SUPPORT 44�` t � 3,Li Le -Lon &L. �C iTY nF D1NA 4801 WEST 50TH STREET, EDINA, MINNESOTA 55424 612-927-8861 May 30, 1980 Ms. Michelle Sherry 7206 Heatherton Circle Edina, Minnesota 55435 Dear Ms. Sherry: Thank you for your letter pertaining to the above -ground swimming pool, which I received on May 28, 1980. I have supported the ordinance prohibiting the installation of these type of recreational facilities in the City of Edina primarily because I am of the opinion that such facilities result in an intrusion upon surrounding neighbors' privacy. I recognize that this is a balancing of interests test but, in my judgment, I have come out on the side that there are reasonable alternatives available to people so as not to deprive them of this type of recreational facility. I believe my position to be a reasonable one even in the context of requiring the construction of fences if these type of facilities were to be allowed. By way of additional information and response to one of the questions you raised in your letter to the editor contained in the Sun Newspaper of May 7, 1980, is that the Edina City Council has also attempted to regulate boats, campers, cars, etc. which are located on side yards and driveways throughout our community. Again, the reasoning for the adoption of this ordinance is founded in what I believe to be a valid exercise of our police powers to attempt to balance and weigh the interests of all our residents in an attempt to maintain and enhance the appearance of our community as a desirable place to live. In any event, I recognize that reasonable people may differ on these issues and I do appreciate your expression of your opinion, albeit different than mine on this particular issue. CITY nF �DIIVA 4801 WEST 50TH STREET, EDINA, MINNESOTA 55424 612-927-8861 Page Two Ms. Michelle Sherry I would welcome your appearance before the City Council to discuss this issue further if you so desire. I find that a free expression of opinions at our public forums is the best way to serve all our citizens. I know that if you wish to appear before the City Council that you will have no difficulty in doing so. I would suggest that you contact the City Manager, Mr. Ken Rosland, or our City Clerk, Ms. Florence Hallberg, at 927-8861 and request that you be noted on the agenda in order to be given an opportunity to be heard. For your infor- mation, our City Council meets on the first and third Mondays of each month. Again, thank you for taking the time to express your viewpoints. Very truly yours, Frederick S. Richards FSR/n,j�e cc: r• Ken Rosland Ms. Florence Hallberg t ., ►-1 �s-UC . 71q I ;tj-1ek:k -1 J-1 I�G�L�'✓� . y ti � GLj'LC� -LIT AtAt/ -1 e cam -t4L/,i�f tz - .� A� I`%.._e t9 t u g a letters Wed., May 7, 198o—Sun Newspapers —Page 5A `Why forbid pools above -the -ground? Dear Editor: We just moved to Edina recently. is promised Our parents us an above - tile -ground swimming eP of find out We were disaopoin that they are not allowed in Edina. I don't understand why they aren't allowed, because, properly installed, they are an addition to a yard's good looks as well as to usefulness. Besides, safety demands a fence to be built around the pool or yard. Since fences have to be built, why not require privacy ones? The looks of the pools seems to be the only objection to above -the - ground pools, so why aren't boats, campers and cars, outside on lawns, banned also? I'd like to see this ordinance changed because I think family rec- reation is important too. I'd like to hear what other readers think. - Michelle Sherry, 14, Edina. MEMORANDUM TO: MAYOR AND COUNCIL FROM: KENNETH ROSLAND, CITY MANAGER SUBJECT: AMENDMENT OF ORDINANCE NO. 711 DATE: FEBRUARY 20, 1980 Attached is a memorandum from Dave Velde to myself regarding Ordinance No. 711. I would like to recommend this request and it is placed on the agenda for this coming Council meeting, hopefully, for first reading. f -- S2 City Manager KR:md attachment M E M O R A N D U M TO: Kenneth Rosland, City Manager FROM: David A. Velde, Sanitarian SUBJECT: Amendment of Ordinance No. 711, Section 2 DATE: February 11, 1980 I would like to propose the following amendment to Ordinance No. 711, Section 2: "Section 2. Refuse Containers and Waste Receptacles. The keeper or manager of any hotel, motel, club, hospital, restaurant, eating house, boarding house or any building where meals are served, the owner, manager or superintendent of any flat, apartment house, trailer camp or auto court, and the owner or occupant of any other premises where refuse, garbage or swill may be present, shall provide and keep on such premises sufficient containers for the storage of all refuse, garbage or swill accumulating on the premises between collections. The containers shall be rodent proof and equipped with tight fitting_ covers. The containers shall not exceed 30 gallons capacity unless equipped for mechanical unloading. The owner or manager of any premises used for any office, warehouse or industrial building shall provide waste containers inside the structure in sufficient size and number to store accumulations of rubbish and waste matter for one working day. A��-saeh-eeetaeeps-�ha�}-he-ef-peeea�hast#bye-�atea�s-eery. However, nothing herein shall be deemed to require the storage in containers of any refuse which is immediately consumed or disposed of on the premises in a multiple -chamber gas fired incinerator of a type appreved-by-the-pab�ie Hea+th-9epartfent-ef-the-V4T}age meeting all State regulations." This amendment will clarify the language of Ordinance No. 711 in reference to the dumpsters and garbage cans. Presently the language is confusing and appears to require dumpsters at all sites including residential buildings. It also appears to limit the capacity of the dumpsters to 30 gallons which is absurd. This ordinance amendment will also omit the requirement for non-combustible waste receptacles in offices, warehouses, and other locations as per request of the Fire Department. After careful analysis of the fire experience in this area, it is their recommendation that we delete the reference to "non-combus- tible" in City Ordinance No. 711, Section 2, specifically as it applies to small waste containers. andum sry 11, 1980 2 It is important to point out that the term "non-combustible" is very restrictive and only containers of metal construction would strictly comply. They have, however, over the years expanded the interpretation to also include certain 'tested' containers to 'limited combustible' materials. In their review of this problem, they have found that a significant amount of time and money is dedicated to achieving compliance with this requirement, and from afire risk standpoint, they cannot justify such efforts. David A. Velde DAV:dls MEMORANDUM TO: MAYOR AND COUNCIL FROM: KENNETH ROSLAND, CITY MANAGER SUBJECT: NOISE ABATEMENT ORDINANCE DATE: JANUARY 15, 1980 The League of Minnesota Cities is offering to work with the City on a noise abatement ordinance as the attached letter proposes. There is money available to get the technical assistance we would need. My reaction "off the top of the head" is that additional ordinances in the City are not needed. As you know, we did have one problem with noise abatement when County Highway 18 was being constructed. Other than that I am not aware of too many problems. I would suggest at this time that we do not get involved. However, if you feel differently we as staff will go to work on it. We can discuss this briefly at our February 4th Council meeting as the 21st meeting has a crowded agenda. City Manager KR:md DORSEY, WINDHORST, HANNAFORD, WHITNEY & HALLADAY HENRY HALLADAY G. LARRY GRIFFITH JULE HANNAFORD CRAIG A. BECK ARTH UR B. WHITNEY DAVID L WCUSKEY RUSSELL W. LINDQUIST THOMAS 0. MOE DAVID R. BRI NK JAMES H. 0 HAGA14 HORACE HITCH JOHN M. MASON VIRGIL H. HILL LARRY L VICKREY ROBERT V. TARBOX LOREN R. KNOTT ROBERT J. JOHNSON PHILLIP H. MARTIN MAYNARD B. HASSELOUIST REESE C JOHNSON PETER DORSEY CHARLES J. HAUENSTEIN GEORGE P FLANNERY CHARLES A. GEER CURTIS L. ROY JOHN C. ZWAKMAN ARTHUR E. WEISBERG JOHN R. WICKS DUANE E. JOSEPH EUGENE L. JOHNSON JAMES B. VESSEY JOHN W. WINDHORST, JR. WILLIAM A. WHITLOCK MICHAEL PRICHARD EDWARD J. SCHWARTZBAUER JOHN P. VITKO THOMAS M. BROWN WILLIAM R. SOTH CORNELIUS D. MAHONEY, JR. RICHARD G. SWANSON WILLIAM C. BABCOCK FAITH L.OHMAN THOMAS 5. ERICKS ON DAVID A RANHEIM MICHAEL E. BRESS ROBERT J. SILVERMAN RAYMOND A_ REISTER THOMAS R. MANTHEY JOHN J. TAYLOR WILLIAM R. HIBBS WILLIAM J. HEMPEL PHILIP F. WELTER JOHN S. HIBBS WILLIAM B. PAYNE ROBERT 0. FLOTTEN ROBERT A. HEIBERG JOHN D. LEVINE JOHN D. KIRBY ROBERT J. STRUYK ROBERT A. SCHWARTZBAUER MICHAEL A. OLSON DAVID N. FRONEK LARRY W. JOHNSON THOMAS W TINKHAM THOMAS S. HAY JON F. TUTTLE 2300 FIRST NATIONAL BANK BUILDING EMERY W. BARTLE W. CHARLES LANTZ WILLIAM A. JOHNSTONE STEVEN F. WOLGAMOT M I N N E A P O L I S, M I N N E S O TA 5 S 4 0 2 MSTEVEN K. CHAMPLIN ICHAEL J. RADMER J. MAROUIS EASTWOOD EDWARD J. PLUIMER MICHAEL TRUCANO OWEN C. MARX JAMES A. FLADER JAMES E. BOWLUS 612) 340 - 2600 DAVID L. BOEHNEN GEORGE L. CHAPMAN MICHEL A, LAFOND THOMAS 0. VANDER MOLEN DON D. CARLSON MARK A. JARBOE PAUL J. SCHEERER BRUCE D. BOLANDER FRANK H.VOIGT JUDITH A. ROGOSHESKE WILLIAM H. HIPPEE, JR. PAUL B. KLAAS ROBERT A. BURNS MARGERY K. OTTO CABLE: OOROW ROGERJ.MAGNUSON RONALD J. BROWN PETER S. HENDRIXSON MARC L. KRUGER TELEX: 29-0605 J. ROBERT HIBBS CATHERINE A. BARTLETT JAY F. COOK DAVID J. LUBBEN TELECO PI ER:(612) 340- 2868 STANLEY M. REIN BRUCE J. SHNIDER CHARLES L POTUZNIK GEORGE G. ECK VERLANE L. ENOORF DARRON C. KNUTSON 1468 W-FIRST NATIONAL BANK BUILDING DENNIS P. BURATTI BARBARA B. FARRELL ST. PAU L, M I N N ES OTA 55101 GEORGEANN BECKER LENZA MCELRATH,JR. (612) 227-8017 ROBERT LHOSBINS BARRY D. GLAZER MARIANNE D. SHORT MICHAEL E. REESLUND IRVING WEISER ELIZABETH A. GOODMAN HE THIRD STREET SOUTHWEST STEPHEN E. G07TSCHALK ROCHESTER, MINNESOTA SS9O1 KENNETH L. CUTLER GARY M. JOHNSON (507) 288-3156 JAY L.BENNETT ROBERT G. BAYER OF COUNSEL SUZANNE B. VAN DYK WALDO F. MAROUART STUART R. HEMPHILL GEORGE E_ANDERSON J DAVID JACKSON JOHN F. FINN January 4, 1980 Mr. Theodore R. Paulfranz Assistant Chief Edina Fire Department 6250 Tracy Avenue Edina, Minnesota 55436 RE: Fire Code Dear Teti: I enclose herewith a revised ordinance for adoption of the Minnesota and National Fire Codes. Pursuant to our dis- cussion, we have added the last sentence in Section 7, have reinserted Section 10(b) and have added the word single" in Section 10(f). If this ordinance is now in acceptable form, will you please advise Ms. Hallberg so that she can place it on the Council agenda. Presumably Ordinance No. 631-Al, previously forwarded to you, should also, at the same time, be placed on the Council agenda. If you have any questions on the enclosed, please advise. Very truly yours, � f Thomas S . Erickson TSE/bjd Enclosure cc. )44r. Kenneth Ro,,sland (w/enc. ) Mr. Robert Bi�hneman (w/enc . ) ORDINANCE NO. AN ORDINANCE ADOPTING THE MINNESOTA UNIFORM FIRE CODE AND THE NATIONAL FIRE CODE BY REFERENCE, REPEALING ORDINANCE NO. 611, ESTABLISHING A BUREAU OF FIRE PREVENTION, REQUIRING PERMITS, AUTHORIZING ESTABLISHMENT OF FIRE LANES AND IMPOSING A PENALTY. THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Adoption of Codes and Standards. There is adopted and incor- porated herein by reference as an ordinance of the City: (a) The Minnesota Uniform Fire Code as promulgated by the Department of Administration of the State of Minnesota and filed with the Secretary of State and Commissioner of Administration of the State of Minnesota on October 3, 1975 (which Code is hereinafter referred to as the "MUFC") with the changes hereinafter set forth; and (b) The National Fire Code of the National Fire Protection Association, 1979 Edition (hereinafter "NFC"), volumes 1 through 16. Sec. 2. Codes on File. One copy of each of the following codes, each marked "Official Copy", shall be filed in the office of the Clerk prior to publication of this ordinance and shall remain on file in said office for use and examination by the public: (a) MUFC, with appendices; (b) The National Fire Code of the National Fire Protection Association, 1973 Edition, volumes 1 through 10; (c) NFC, volumes 1 through 16; and (d) 1973 Edition of the Uniform Fire Code, as published by the International Conference of Building Officials and the Western Fire Chiefs Association (hereinafter referred to as the "UFC"). The Clerk shall furnish copies of said codes or standards at cost to any person upon request. Sec. 3. Definitions. (a) Wherever the word "jurisdiction" is used in the MUFC, it shall mean the City of Edina. (b) Wherever the term "corporation council" is used in the MUFC, it shall mean the Attorney for the City of Edina. (c) Wherever the term "chief" is used in the MUFC, it shall mean the Chief of the Edina Fire Department or his designated representative. Sec. 4. Establishment of the Bureau of Fire Prevention. (a) The Bureau of Fire Prevention is hereby established in the Fire Department of the City. It shall be operated under the super- vision of the Chief of the Fire Department. The members of the Bureau of Fire Prevention shall be the Chief of the Fire Depart- ment, an Assistant Chief of the Fire Department and all Inspec- tors of the Fire Department from time to time appointed by the Chief of the Fire Department. (b) The Chief of the Fire Department may appoint such members of the Fire Department as Inspectors as shall from time to time be necessary. (c) A report of the Bureau of Fire Prevention shall be made annually and transmitted to the Manager. It shall contain all proceedings under this ordinance with such statistics as the Chief of the Fire Department may wish to include therein; the Chief of the Fire Department shall also recommend any amendments to this ordinance which in his judgment shall be desirable. Sec. 5. Enforcement; Appeals. The provisions of this ordinance shall be enforced by the Building Official and the Bureau of Fire Prevention in accordance with Sections 3 through 10, inclusive, of Ordinance No. 471. Appeals from any order made by the Building Official or the Bureau of Fire Prevention shall be made in accordance with Sections 3 through 10, inclusive, of Ordinance No. 471. Sec. 6. Permit Fee. The fee for each permit required by this ordinance and for each annual renewal thereof shall be $5.00. All permits shall expire one year from the date of issuance. Sec. 7. Orders Establishing Fire Lanes. The Bureau of Fire Prevention is hereby authorized to order the establishment of fire lanes on public or private property as may be necessary in order that the travel of fire equip- ment may not be interfered with and that access to fire hydrants or buildings may not be obstructed. When a fire lane has been ordered to be established, it shall be marked by signs, not more than 50 feet apart, bearing the words "NO PARKING, FIRE LANE," or similar message, and the adjacent curb or roadway shall be striped yellow to clearly define limits of the fire lane. When the fire lane is on public property or public right-of-way, the sign or signs shall be erected by the City, and when on private property, they shall be erected by the owner at his expense within 30 days after he has been notified of the order. Thereafter, no person shall park a vehicle on or otherwise occupy or obstruct the fire lane. Whenever an Inspector or police officer finds a vehicle unatten- ded and obstructing a fire lane, such Inspector or police officer is hereby authorized to provide for removal of such vehicle to the nearest convenient garage or other place of safety outside the limits of the fire lane, at the ex- pense of the owner. Sec. 8. Violation. No person shall be convicted for violating this ordinance unless he or she shall have been given notice of the violation in writing and a reasonable time to comply. -2- Sec. 9. Penalty. Any person violating any provision of this ordinance or of any order made pursuant hereto, shall be guilty of a misdemeanor and subject to a fine not exceeding $500.00, or imprisonment for a period not exceeding ninety (90) days with cost of prosecution in either case to be added. Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provi- sions of this ordinance is committed, continued or permitted. Sec. 10. Amendments to MUFC. (a) FireMar 45(a) of the MUFC is hereby.deleted in its entirety. (b) Section 13.307(a) of the UFC is amended to read as follows: "Every apartment house three stories or more in height and con- taining more than 15 apartments and every hotel three stories or more in height containing 20 or more guest rooms, shall have installed therein an approved automatic and manually operated fire alarm system designed to warn the occupants of the building in the event of fire. Such fire alarm system shall be so de- signed that all occupants of the building may be warned simul- .taneously." (c) Section 13.307 of the UFC, as adopted by the MUFC, is amended by adding thereto a new paragraph to read as follows: "(e) Electric magnetic door holders shall be installed on all fire doors located in area separation walls. Such door holders shall also be installed on all fire doors and smoke doors in a stairwell or corridor that is not centrally air conditioned and pressurized. When door holders are installed on stairway or smoke barrier doors, they shall be controlled and released by smoke detectors. All electric magnetic door holders shall be connected to the alarm and detection system in such a way that the doors will automatically close upon activation of the alarm system." (d) Section 20.101 of the UFC, as adopted by the MUFC, is amended to read as follows: "This article shall apply to the storage and handling of liquified petroleum gases and the installation of all equipment pertinent to systems for such uses and shall apply equally to both new and existing installations." (e) Section 20.102 of the UFC, as adopted by the MUFC, is amended to read as follows: "Where a single container or the aggregate of interconnected containers is 500 or more gallons water capacity, the installer shall obtain a permit and plan approval from the chief." (f) Section 20.105 of the UFC, as adopted by the MUFC, is amended to read as follows: "All single container installations with a total water storage capacity in excess of .1,000 gallons shall be protected by one or more of the following methods: -3- 1.) Mounded in an approved manner, or, 2.) Protected with an approved insulation on such areas that may be subject to impingement of ignited gas from pipelines or other leakage, or, 3.) Protected by fire walls of approved construction, or, 4.) Protected by an approved system for application of water, or, 5.) Protected by other approved means." Sec. 11. Interpretation. In the event of a conflict between the provi- sions of the MUFC and the provisions of this ordinance, the more stringent provision shall apply. Provided, however, that no provision of this ordinance shall be interpreted to exceed the requirements of the Minnesota State Building Code, as adopted by the ordinances of the City of Edina. Sec. 12. Repealer. Ordinance No. 611 is repealed in its entirety. Sec. 13. This ordinance shall be in full force and effect immediately upon its passage and publication. -4- MEMORANDUM TO: MAYOR AND COUNCIL FROM: KENNETH ROSLAND, CITY MANAGER SUBJECT: VEHICLE ORDINANCE DATE: NOVEMBER 30, 1979 At the November 5, 1979 meeting, several concepts and ideas were discussed on the range of items. A revised proposal has been developed that would do the following: - Limits operating cars to parking only on the driveway, but does not limit the number. - Limits the recreational vehicles to the driveway or the garage, but no more than one outside. As an alternative, to a screened, hard - surfaced area adjacent to the garage contiguous to the driveway, not extending beyond the rear of the garage. - Addresses residential areas apart from single family. An amended ordinance incorporating these concepts will be ready in draft form for Monday evening. City Manager KR:md 0 ORDINANCE NO. 1031-Al AN ORDINANCE AMENDING THE DEFINITION OF NUISANCES CAUSED BY THE PARKING OR STORAGE OF VEHICLES, EQUIPMENT AND FURNISHINGS Section I. Paragraph (1) of Section 4 of Ordinance No. 1031 is hereby amended to read as follows: "(1) The uneevefed outdoor storage of pipe, lumber, forms, machinery, or other occupational materials in any residential district tie-Apes-Deveiepmeaf: Distriet, except for the purpose of construction or repair work being done to structures on the same property. Sec. 2. Paragraph (m) of Section 4 of Ordinance No. 1031 is hereby deleted. Sec. 3. Section 4 of Ordinance No. 1031 is hereby amended by the addition of the following new paragraphs: (m) The parking or storage of vehicles and/or equipment in any residential area not in accordance with the following definitions and permitted uses: 1. Definitions (a) Inoperable Vehicles - Are any motor vehicles including, but not limited to, any automobile, truck, trailer, marine craft, snow- mobile, motorcycle, all terrain vehicle, mobile home, pick-up camper, camping trailer, other equipment for motorized transpor- tation that has a missing or defective part that is necessary for the normal operation of the vehicle, or any vehicle stored on blocks, jacks, or other supports. (b) Commercial Usage Vehicles: (1) Vehicles and equipment designed or modified for use in any construction, demolition, or maintenance activity. Provided that vehicles and equipment used for maintenance, repair or construction on the premises may be parked during the period of work. (2) Tractors. (3) All trailers or towed equipment not used to transport recreational vehicles. (4) Snow removal vehicles and equipment. (S) Earth moving vehicles and equipment. (6) Trucks, vans and pickups of 9,000 pounds.or more. (c) Recreational Vehicles - Are campers, pickups with campers or mounted toppers, motor homes, all terrain vehicles, boats, snow- mobiles and trailers used to transport recreational vehicles. (d) Hard Surfaced - Approved all-weather, durable, dust -free surfacing material. (e) Screen - An opaque fence the height of the recreational vehicle that is of a design similar to the house. Ordinance No. 1031-Al Page 2 2. Permitted Storage Zoning Type of Vehicle Districts 1. Automobiles; motor- Rl, R2, cycles; or trucks, PRD 1-2 pickups or vans under 9,000 pounds. R 1-5, PRD 1-5 R 3-5, PRD 3-5 2. Recreational R1, R2, vehicles. PRD 1-2 3. Commercial usage vehicles and un- mounted campers and toppers. 4. Inoperable vehicles. 5. Household fur- nishings and appliances. Permitted Location On the driveway. Garage or other lawfully con- structed building. On any hard sur- faced area. Numerical Restrictions on Permitted Vehicles No restriction. No restriction. No restriction. On the driveway One vehicle per not within 15 ft. dwelling unit. of street curb. When recreational As an alternative vehicle(s) on on hard -surfaced, trailer, the screened area on trailer and vehicle(s) the side of the are considered one garage that is vehicle. contiguous to the driveway and does not extend beyond the back of the garage, but not within 5 ft. of the lot line. R 1-5, Garage or other No restriction. PRD 1-5 totally enclosed, lawfully construct- ed building. R 3-5, On hard surfaced One vehicle per PRD 3-5 areas. dwelling unit. All Garage or other No restriction. resi- lawfully con- dential structed building. All Garage or other No restriction. resi- lawfully con- dential structed building. All Garage or other No restriction. resi- lawfully con- dential structed building. MEMORANDUM TO: MAYOR AND COUNCIL FROM: KENNETH ROSLAND, CITY MANAGER SUBJECT: TRAPPING ORDINANCE DATE: NOVEMBER 14, 1979 At the July 2, 1979 Council meeting an amendment to the City's ordinance that bans use of leghold traps was requested so that with the City Manager's permiss- ion leghold traps could be utilized to abate certain nuisances, particularly beavers. At that meeting it was decided to hold it over to the July 16, 1979 meeting. On July 16th it was decided that the City would attempt to eliminate the problems with live traps and take no action at that time. The live trap was utilized and remedied the beaver problem at Nine Mile Creek and Hwy. 18, but had no success at Pamela Park. The City ceased using the trap after the 1st of October as trapping and translocating after that date would condemn the animals to starvation. At present there are three problem areas where modification of the ordinance is needed to remedy problems - beavers at Pamela, out in Braemar (not serious at present) and muskrats on Lakeview. To remedy the problem three solutions exist: - Live traps. - "Konabear" traps. - Steel jawed leghold traps. The Department of Natural Resources recommended use of the live trap from 1 July to 1 October. Apart from the problems with live trapping in the winter, they advise against it before 1 July as spring is when the mothers give birth and if a mother were trapped before the kits were "independent" they would die. The "Konabear" trap on the other hand is a large trap that is lethal not only to beavers but also dogs, cats and could be dangerous to children and even adults. It is requested that the attached ordinances,be passed so that judicious use may be made of the trap under City control to abate serious nuisances. Opponents of the modification have been notified of this recommendation. A! City Manager KR:md ORDINANCE NO. 1071-Al AN ORDINANCE AMENDING ORDINANCE NO. 1071 TO ALLOW TRAPPING BY THE CITY OF EDINA, AND OTHERS WITH PERMISSION OF THE CITY K-VNAGER THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Sec. 3 of Ordinance No. 1071 is hereby amended to read as follows: "Sec. 3. Trapping Prohibited. Trapping within the City of Edina is prohibited, _escept_that-trapping- may -be_done by the -Citv_of-Edina, ------- or_may_ be done_ under its direction2_or -may_be_done_by_any_other_govern- ----------------- -- mental a enc or department with the written ermission of the Cit Mana er or ---maybe_done by -any_person_with_a_valid_ trapping_license -- _issued _by_the -- ---�- State of Minnesota and with the written -permission of the City ;Sana er." All trapping is to be in accordance with State law. --------------------------------------------------- Sec. 2. This ordinance shall be in full force and effect upon its passage and publication. (N.B. Deletions are lined out [-----]; additions are underlined or noted as entirely new.) ORDINANCE NO. 1222-A2 AN ORDINANCE AMENDING ORDINANCE NO. 1222 TO ALLOW TRAPPING IN PUBLIC PARKS BY THE CITY OF EDINA, AND OTHERS WITH PEFUMISSION OF THE CITY NMNAGER THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. The last sentence of subparagraph (b) of Sec. 8 of Ordi- nance No. 1222 is hereby amended to read as follows: "The prohibition in this subparagraph (b) and in subparagraph (a) of this _Sec. _8 shall not apply to trapping by_any_m_ea_ns__ormetfiods 3one oy the City of Edina, or done under its direction, or done by any other governmental agency or department with the written permission of the City e€-Ediee;-p�euided-ke-ia ae-eaten-skell-steel-awed;-le;hald-yaps he -aced tfananer�_or_done_by_anv__person_ with a_ valid _trapning_l.icense issued _by_the_State oof Minnesota and with the _w_ritt_en permission of the City -Manager." All trap�in-is-tobeinaccordance-with-State-law_ _- -_ Sec. 2. This ordinance shall be in full force and effect upon its passage and publication. (N.B. Deletions are lined out [-----]; additions are underlined or noted as entirely new.) aJ�aurA.z° Atra anssr. c4r��a aZ�� u° a 10 Z6r r��tu a� �atr urn Ua�--a4�ua�d o "toDp u r o �ooas a�P Sod �� �P ,a "40 q AZT Jo q4 �r�dur a���rA-zo a ° dry has s �a ° sou i au aur �O3tra r s J 0 Atra�a Pump p4a us r Pasodo .xd a 'sa Ire sao LtU rb''tC 410 dlnba r °lr a) s�aro S�?OIH3 6,16r ,SI0 ZO YO ���'0 ��i Z ����4o ArON l 1I� o� �S .,Zaa Q�of� QAI, � s 31� o t 0�3 oz tz d.01 Ar 60, L M, "now CLIA Nsl�t� -Pbb\MA M E M O R A N D U M TO: Kenneth Rosland, City Manager FROM: David A. Velde, Sanitarian SUBJECT: Amendment of Ordinance No. 711, Section 2 DATE: October 10. 1979. I would like to prepose the following amendment to Ordinance No. 711, Section-2: "Section 2. Refuse Containers and Waste Receptacles. The keeper or manager of any hotel, motel, club,hospital, restaurant, eating house, boarding house or any building where meals are served, the owner, manager or superintendent of any flat, apartment house, trailer camp or auto court, and the owner or occupant of any other premises where refuse, garbage or swill may be present, shall provide and keep on such premises sufficient containers for the storage of all refuse, garbage or swill accumulating on the premises between collections. The containers shall be rodent proof and equipped with tight fittin2 covers. The containers shall not exceed 30 gallons capacity unless equipped for mechanical unloading. The owner or manager of any premises used for any office, warehouse or industrial building shall provide waste containers inside the structure in sufficient size and number to store accumulations of rubbish and waste matter for one working day.. However, nothing herein shall be deemed to require the storage in containers of anv refuse which is immediately consumed or disposed of in the premises in a multiple -chamber gas fired incinerator of a type meeting all State regulations. This amendment will clarify the language of Ordinance No. 711 in reference to the dumpsters and garbage cans. Presently the language is confusing and appears to require dumpsters at all sites including residential buildings. It also appears to limit the capacity of the dumpsters to 30 gallons which is absurd. This ordinance amendment will also omit the requirement for non-combustible waste receptacles in offices,warehouses, and other locations as per request of the Fire Department. After careful analysis of the fire experience in this area, it is their recommendation that we delete the reference to "non-combus- tible" in City Ordinance No. 711, Section 2, specifically as it applies to small waste containers. It is important to point out that the term "non-combustible" is very restrictive and only containers of metal construction would strictly comply. They have, however, over the years expanded the interpretation to also include certain 'tested' containers to 'limited combustible, materials. In their review of this problem, they have found that a significant amount of time and money is dedicated to achieving compliance with this requirement, and from a fire risk standpoint, they cannot justify such efforts. David A. Velde DAV:bah TO: All Department Heads FROM: Ken Rosland SUBJECT: RECREATIONAL VEHICLE PARKING ORDINANCE DATE: August 15, 1979 Attached is a copy of the new vehicle parking ordinance to address some of the problems we have encountered with our present Ordinance. I would like to discuss this at the 10:00 p.m., Thursday staff meeting. r 1 Ke neth E. Rosland City Manager KER/skh ORDINANCE NO. 1031-Al .• AN ORDINANCE AMENDING TIIE DEFINITION OF NUISANCES, CAUSED BY THE PARKING OR STORAGE OF AUTOMOBILES, CO11SERCIAL VEHICLES, RECREATIONAL VEHICLES, AND THE OUTDOOR STOAI:ACE OF EQUIPMENT AND FURNISHINGS. Section I. Paragraph (1) of Section 4 of Ordinance No. 1031 is hereby amended to read as follows: 11(1) The uneevei•ed outdoor storage of pipe, lumber, forms, machinery, or other occupational materials in any residential district the-E�pcn-D��.veops,tiet3t -Bistrie-t, except for the purpose of construction or repair work being done to structures on the same property." Section 2. Paragraph (m) of Section 4 of Ordinance No. 1031 is, hereby deleted. Section 3. Section 4 of Ordinance No. 1031 is hereby amended by the addition of the following new paragraphs: "(m) The parking or storing of trucks, tractors, or trailers, or any commercial type vehicle or equipment in any residential district except trucks that are licensed with a maximum gross vehicle weight of 9,000 pounds. Provided that vehicles and equipment used for maintenaece,,repair, or construction on the premises may be parked during the period of work. "(n) The parking or storage of an unlicensed or inoperable vehicle in any zoning district unless housed within a fully enclosed, lawfully erected building or garage. Provided that businesses, located in commercial districts, with a principal land use that includes the sale or repair of vehicles may park unlicensed or inoperable veh-icles within authorized parking areas. Inoperable vehicles are defined as any motor vehicles including but not limited to any automobile, truck, trailer, marine craft, snowmobile, motor- cycle, all terrain vehicle, mobile home, pick-up camper, camping trailer, other equipment for motorized transportation that has a missing or defective part that is necessary for the normal operation of the vehicle, or any vehicle stored on blocks, jacks, or other supports. "(o) Within any multiple family residence district or any non-residential district, the parking or storage of any motor vehicle on any landscaped area or site area that is not surfaced with a hard, all-weather, durable, dust -free surfacing material. Provided that vehicles and equipment used for maintenance, repair, or construction on the premises may be parked during the period of work. "(p) Within any single family or two family residence district, tl,e outdoor parking or -storage of any motor vehicle, including but not limited to sny automobile, truck, trailer., marine craft, snowmobile, motorcycle, all terrain vehicle, mobile home, pick-up camper,. camping trailer, other equipment for motorized transpor- tation or any portable structure or shed with a portion or all of the vehicle, structure, or shed in any one or more of: the following locations: Ordinance No.. 1031-Al. (1) within five feet of an interior side or rear property line. (2) in the space between the dwelling and a public street. (3) in a location that is closer to the public street than the closest point of the foundation of the dwelling to the public street. Provided that a maximum of two automobiles or trucks not declared a nuisance by other provisions of this ordinance may be parked in the no renal driveway area. First Reading: Second Reading: Published in the Edina Sun on ATTEST: City Clerk signed Mayor MEMORANDUM TO: Mayor and Council FROM: Kenneth Rosland, City Manager SUBJECT: ANIMAL CONTROL ORDINANCE DATE: June 14, 1979 At the Council Meeting on May 21st the Council, as the Board of Health, authorized the Durenbergers to keep three dogs at their residence as provided by Ordinance No. 302. At the June 4, 1979, meeting the Council indicated they desired to clarify the language in Ordinance No. 311 so the two ordinances are in agreement. It is recommended that Ordinance No. 311 be amended as follows: (underlined indicates addition). Sec. 17. Restrictions on Dogs. (d) No more than two animals over six months of age shall be kept or harbored at any place, except in a licensed pet shop or licensed animal hospital, unless permission has been granted by the Board of Health in accordance with Ordinance No. 302. l City Manager KR:md DORSEY, WINDHORST, HANNAFORD, WHITNEY Sr. HALLADAY HENRY HALLADAY G. LARRY GRIFFITH JULE HANNAFORD CRAIG A. BECK ARTHUR B. WHITNEY DAVID L MCCUSKEY RUSSELL W. LINDQUIST THOMAS 0. MOE DAVID R. BRINK JAMES H.OHAGAN HORACE HITCH JOHN M. MASON VIRGIL H. HILL LARRY L VICKREY ROBERT V. TAR BOX LOREN R. KNOTT ROBERT J. JOHNSON PHILLIP H. MARTIN MAYNARD B. HASSELOUIST REESE C JOHNSON PETER DORSEY CHARLES J. HAUENSTEIN GEORGE P. FLANNERY CHARLES A. GEER CURTIS L ROY JOHN C. ZWAKMAN ARTHUR E. WEISBERG JOHN R. WICKS DUANE E. JOSEPH EUGENE L. JOHNSON JAM ES B.VESSEY JOHN W. WINDHORST,JR WILLIAM A WHITLOCK MICHAEL PRICHARD EDWARD J. SCHWARTZBAUER JOHN P. VITKO THOMAS M. BROWN WILLIAM R. SOTH CORNELIUS D. MAHONEY, JR. RICHARD G. SWANSON WILLIAM C. BABCOCK FAITH L OHMAN THOMAS S. ERICKSON DAVID A. RANHEIM MICHAEL E. BRE SS ROBERT J. SILVERMAN RAYM ONO A. RESTERTHOMAS R. MANTHEY JOHN J. TAYLOR WILLIAM R. HIBBS WILLIAM J. HEMPEL PHILIP F. BOELTER JONN S. HIBBS WILLIAM B. PAYNE ROBERT 0- FLOTTEN ROBERT A HEIBERG JOHN 0. LEVINE JOHN D. KIRBY ROBERT J. STRUYK ROBERT A. SCHWARTZBAUER MICHAEL A. OLSON DAVID N. FRONEK LARRY W. JOHNSON THOMAS W TINKHAM THOMAS S-HAY JON F TUTTLE 2300 FIRST NATIONAL BANK BUILDING EMERY W. BARTLE W. CHARLES LANTZ WILLIAM A. JOHNSTONE STEVEN F WOLGAMOT M I N N E A P O L I S, M I N N E S O TA S S 4 0 2 STEVEN K. CHAMPLIN MICHAEL J. RADMER J MARQUIS EASTWOOD EDWARD J. PLUIMER MICHAEL TRUCANO OWEN C. MARX JAM(612) 340-2600 DAVIDSLA BOEHN N GEORGE L. CHAPMAN MICHEL A. LAFOND THOMAS D. VANDER MOLEN DON D. CARLSON MARK A.JARSOE PAUL J. SCHEERER BRUCE D. SOLANDER FRANK H. VOIGT JUDITH A. ROGOSHESKE WILLIAM H. HIPPEE, JR. PAUL B. KLAAS ROBERT A. BURNS MARGERY K. OTTO CABLE: DOROW ROGER J. MAGNUSON RONALD J. BROWN PETER S. HENDRIXSON MARC L. KRUGER TELEX: 29 — 06 O 5 J. ROBERT HIBBS CATHERINE A. BARTLETT JAY F. COOK DAVID J. LUBBEN TELECOPIER:1612) 340-2868 STANLEY M. REIN BRUCE J. SHNIDER CHARLES L. POTUZNIK GEORGE G. ECK 1468 W—FIRST NATIONAL BANK BUILDING BURATRF DENNISRLAHE D N NIP. BU RATTI TSON BARBARRON C.KN RREL BARBARA B. FARRE LL ST. PAUL,MINNESOTA 55101 GEORGEANN BECKER LENZA McELRATH,JR. (612) 227-8017 ROBERT L. HOBBINS BARRY D. GLAZER MARIANNE D. SHORT MICHAEL E. REESLUND IRVING WEISER ELIZABETH A. GOODMAN 115 THIRD STREET SOUTHWEST STEPHEN E. GOTTSCHALK KENNETH L. CUTLER ROCHESTER, MINNESOTA 55901 GARY M. JOHNSON (507) 288-3156 JAY L. BENNETT ROBERT G.BAYER OF COUNSEL SUZANNE B. VAN DYK WALDO F. MAROUART STUART R. HEMPHILL GEORGE E ANDERSON DAVID JACK SON JOHN F FINN January 24, 1979 Mr. Kenneth E. Rosland Edina City Manager 4801 West 50th Street Edina, Minnesota 55424 Re: Board of Appeals and Adjustments Dear Ken: Enclosed is a proposed ordinance amending the zoning ordinance relative to the composition of the Board of Appeals and Adjustments. Please review this ordinance and give me your comments. I am also sending a copy of the ordinance to Gordon Hughes for his review and comments. The ordinance does not contain any provisions rela- tive to the number or time of meetings of the Board. Those can be set up internally; the Board can meet as often or as seldom as it wishes, and on such dates as it wishes. Also, the ordinance says nothing about notices for hearings before the Board. That is presently found in Ordinance 811, Sec. 14, paragraph 6(f), and requires only a 10-day mailed notice "to the person or persons who filed the appeal or request, and, in the case of a request for a variance, each owner of prop- erties situated wholly or partly within 200 feet of the property to which the variance relates. . . ." Any further notices that the City has been giving have been done strictly as an internal policy matter. I presume the 10-day mailed notice should remain and that it should not be reduced from 10 days to something less. I believe Fred Richards also commented that the staff people should be authorized to appeal decisions of the Board that they think improper. The present Edina Ordinance 811-A58 does authorize City administrative officials whose order or DORSEY, WINDHORST, HANNAFORD, WHITNEY & HALLADAY Mr. Kenneth E. Rosland Page 2 January 24, 1979 determination was originally appealed to the Board to appeal any Board decision to the City Council. The Council also mentioned that the Board should not be authorized to act on a variance if the Council is also required to act on another phase of the same develop- ment. However, by statute, the Board "shall have the powers set forth" in the statute, which are to hear and decide appeals from an error in any administrative decision or order, and also to hear requests for variances from the provisions of�� the ordinance. The statute goes on to say that the Board a may be given such "other duties" as the Council may direct.�� It would appear, therefore, that the Board, by statute, must have the power to hear and grant variances. Therefore, if a separate Board of Appeals is established, as Edina has done, it must have the powers granted by the statute; to provide p that it shall have only some of those powers in some cases t,U� would not be responsive to the statute. It is, of course, possible to make the Council the Board of Appeals, in which jV`,ri� case all matters would come directly to it. That would re- a" - solve the question of having a developer go to more than one hearing, but would greatly increase the burden upon the pul Council. With the new Board makeup and with two meetings a /b month scheduled to coincide with Council meetings, the problem hoped to be avoided by giving the Council the power to grant variances will presumably be greatly minimized.0 100�'� If either you or Gordon has any questions concern- l� ing this ordinance or this letter, please advise. TSE/abc Enclosure cc: Mr. Gordon L. Hughes Very truly yours, V f Thomas S. Erickson •h ad0-Vd u0 Gr�umY y `un y 0:� aaMbs"MM :paurp v Vr :+;rn�dWoa mq �, ko yp �," h f -,rvvaPT 0:� ann y EOM pMb : -Yr V�dW0a n OzVW `aa r70d Olq Ana O� a�gn OW aaMVM,y Ito Mb MT : no papa Ow sr6M,Yw a "Tq O "V-Oag pMV `a�? 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OLSON HENRY HALLADAY LARRY W. JOHNSON JULE HANNAFORD THOMAS S. HAY ARTHUR B. WHITNEY G. LARRY GRIFFITH RU55ELL W. LINDQUIST CRAIG A. BECK DAVID R. BRINK DAVID L. McCUSKEY HORACE HITCH THOMAS O. MOE VIRGIL H. HILL JAM ES H. 0 HAGAN ROBERT V. TARBOX JOHN M. MASON ROBERT J. JOHNSON MICHAEL W. WRIGHT MAYNARD B. HASSELOUIST LARRY L. VICKREY PETER DORSEY LOREN R. KNOTT GEORGE P. FLANNERY PHILLIP H. MARTIN CU RTIS L. ROY REESE C JOHNSON ARTHUR E WEISBERG CHARLES J. HAUENSTEIN DUANE E. JOSEPH CHARLES A-GEER JAMES B. VESSEY JOHN C. ZWAKMAN WILLIAM A. WHITLOCK JOHN R WICKS EDWARD J. SCHWARTZBAUER EUGENE LJOHNSON THO HAS M. BROWN JOHN W. WINDHORST, JR. CORNELIUS D. MAHONEY, JR. MICHAEL PRICHARD WILLIAM C. BABCOCK JOHN P VITKO THOMAS 5. ERICKSON WILLIAM R SOTH MICHAEL E_ BRESS RICHARD G. SWANSON RAYMOND A. REISTER FAITH L. OHMAN JOHN J_TAYLOR DAVID A. RANHEIM WILLIAM J. HEMPEL ROBERT J. SILVERMAN JOHN S. HIBBS THOMAS R. MANTHEY ROBERT O.FLOTTEN WILLIAM R. HIBBS JOHN D. LEVINE PHILIP F. BOELTER ROBERT J. STRUYK WILLIAM B. PAYNE 2300 FIRST NATIONAL BANK BUILDING MINNEAPOLIS,MINNESOTA 55402 (612) 340-2600 CABLE: DOROW TELEX: 29-0605 TELECOPIER: (612) 340-2868 1468 W—FIRST NATIONAL BANK BUILDING ST. PAUL,MINNESOTA 55101 (612) 227-8017 115 THIRD STREET SOUTHWEST ROCHESTER, MINNESOTA 55901 (507) 288-3156 January 4, 1979 Ms. Florence B. Hallbera Edina City Clerk ✓ 4801 West 50th Street Edina, Minnesota 55424 Dear Florence ROBERT A. HEIBERG NICK R. HAY JOHN D. KIRBY IRVING WEISER ROBERT A. SCHWARTZBAUER STEPHEN E. GOTTSCHALK DAVID N. FRONEK THOMAS W ELKINS THOMAS W. TINKHAM KENNETH L.CUTLER JON F. TUTTLE GARY M. JOHNSON EMERY W. BARTLE THOMAS W. FINN WILLIAM A. JOHNSTONE JAY L. BENNETT STEVEN K. CHAMPLIN ROBERT G. BAYER MICHAEL J. RADMER SUZANNE B. VAN DYK MICHAEL TRUCANO STUART R. HEMPHILL JAMES A. FLADER J DAVID JACKSON DAVID L BOEHNEN W. CHARLES LANTZ MICHEL A. LAFOND DOUGLAS E. RAY DON D. CARLSON STEVEN F WOLGAMOT PAUL J. SCHEERER J. MAROUIS EASTWOOD DAN F NICOL EDWARD J. PLUIMER FRANK H. VOIGT KENNETH W ERICKSON WILLIAM H. HIPPEE,JR. OWEN C. MARX ROBERT A. BURNS JAMES E. BOWLUS ROGER J. MAGNUSON GEORGE LCHAPMAN J. ROBERT HIBBS THOMAS D. VANDER MOLEN JAY F. COOK MARK A. JARBOE STANLEY M. REIN BRUCE D. BOLANDER CHARLES L. POTUZNIK VERLANE L ENDORF DENNIS P. BURATTI OF COUNSEL GEORGEANN BECKER DONALD WEST ROBERT L. HOBBINS WALDO F MAROUART BARRY D. GLAZER GEORGE E. ANDERSON PETER S. HENDRIXSON JOHN F. FINN Re; Ordinance Licensing Bingo Occasions and Operation of Gambling Devices Enclosed is the proposed ordinance on the above subject. The ordinance does not have a number. I see no ready classification of this ordinance under our numbering system, but think that it night fit under the 1300 numbers (trades and occupations) or under the 200 numbers (amusement places and devices). Also enclosed is a copy of Chapter 349, .Minnesota Statutes, 1978. This should be filed in your office prior to publication of the ordinance and be kept on file in your office thereafter for use by the public. Also, you should furnish copies thereof, at cost, to whoever may hereafter request such copies. I understand this ordinance will be on the Council agenda for its meeting on January 8, 1979. If you have any questions, p&&ase advise. Very truly yours, 4 TSE/abc Thomas S. Erickson Enclosures cc (w/o enc.); Mr. Kenneth E. Rosland ORDINANCE NO. AN ORDINANCE LICENSING AND REGULATING THE CONDUCT OF BINGO OCCASIONS, THE OPERATION OF GAMBLING DEVICES AND THE CONDUCT OF RAFFLES, AND PROVIDING A PENALTY THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Provisions of State Law Adopted. There is hereby adopted and incorporated herein by reference, as an ordinance of the City, the provisions of Chapter 349, Minnesota Statutes, 1978, relating to the conduct of bingo occasions, the operation of gambling devices and the conduct of raffles, except as such provisions may be made more restrictive by the following provisions of this ordinance. Sec. 2. License Required. No person shall directly or indirectly operate a gambling device or conduct a raffle or bingo occasion without first having obtained a license therefor pursuant to this ordinance. Sec. 3. License Procedure and Control; Penalties. The provisions of Ordinance No. 141 of the City, including the penalty provisions thereof, and specifically including Sec. 2(c) thereof, shall apply to all licenses required by this ordinance and to the holders of such licenses, in addition to the provisions of said Chapter 349, Minnesota Statutes, 1978. Provided, however, that no surety bond or insurance policy shall be required of any applicant for a license under this ordinance; and provided, further, however, that the manager or his deputy shall act on a license application within 180 days from the date of application, but shall not issue a license until at least 30 days after the date of the application. Sec. 4. be $25.00. The annual license fee shall Each license shall expire one year from the date of issue. License Fee and License Year. Sec. 5. This ordinance shall be in full force and effect upon its passage and publication. DORSEY, WINDHORST, HANNAFORD, WHITNEY 8L HALLADAY HENRY HALLAOAY G LARRY GRIFFITH JULE HANNAFORD CRAIG A BECK ARTHUR B WHITNEY DAVID L MCCUSKEY AUSSELL W LINDQUIST THOMAS 0 MOE DAVID R BRINK JAMES H OHAGAN HORACE HITCH JOHN M MASON VIRGIL H MILL LARRY L VI C KREY ROBERT V TAR BOX LOREN R KNOTT ROBERT J JOH HSON PHILLIP H MARTIN MAYNARD 8 HASSELOUIST REESE C JCHNSON PETER DOR5EY CHARLES J HAUENSTEIN GEORGE P FLANNERY CHARLES A GEER CURTIS L ROY JCNN C ZWAKMAN ARTHUR E. WEISBERG JOHN R WICKS DUANE E. JOSEPH EUGENE L JOHNSON JAMES B VESSEY JOHN W IN NG HORST. JR WILLIAM A. WHITLOCK MICHAEL FR ICHARO EDWARD J. SCHWARTZBAUER JOHN P VITKO TNOMAS M BROWN WILLIAM R SOTH CORNELIUS D MAHONEY. JR RICHARD G SWANSON WILLIAM C BABCOCK FAIT N L OHMAN THOMAS S ERICKSON DAVID A RANHEIM MICHAEL E. BRESS ROBERT J SILVERMAN RAYMOND A REISTER THOMAS R MANTHEY JOHN J TAYLOR WILLIAM R HIBBS WILLIAM J. HEMPEL PHILIP F. BOELTER JOHN S HIBBS WILLIAM B PAYNE ROBERT 0 FLOTTEN ROBERT A HEIBERG JOHN D. LEVINE JOHN 0. KIRBY ROB EAT J. STRUYK ROBERT A. SCHWARTZBAUER MICHAEL A. OLSON DAVID N. FRONEK LARRY W. JOHNSON THOMAS W. TINKHAM THOMAS S HAY JON F. TUTTLE 2300 FIRST NATIONAL BANK BUILDING EMERY W BARTLE W CHARLES LAN WILLIAM A JOHNSTONE STEVEN F WOLGAMOT M I N, N E A P O L 15 , M I N N E S O TA 55402 _ STEVEN K CHA MER MICHAEL J RCANO J MARQUIS EASTWOOD J PLUIMER MICHAEL iRUCANO OWENEDWAC OWEN C MAR% JAMES A FLADER JAMES E BOWLUS (6 12) 340 - 2 600 DAVID L 90CHNEN GEORGE L CHAPMAN MICHEL A. LAFONO THOMAS D VANDER MOLEN DON 0 CARLSON MARK A JARBOE PAUL J SCHEERER BRUCE D BOLANDER FRANK H VOIGT JUDITH A ROGOSHESKE WILLIAM H HIPPEE.JR PAUL B KLAAS - ROBERT A. BURNS MARGERY K OTTO CABLE: DOROW ROGER J. MAGNUSON RONALDJ BROWN PETER 5 HENDRIXSON MARC L KRUGER TELEX: 29 -0606 J ROBERT HIBBS CATHERINE A BARTLETT JAY F. COOK DAVID J LUBBEN TELECO PIER:(612) 340- 2868 STANLEYM REIN BRUCE J. SHNIDER CHARLES L. POTUZNIK GEORGE G ECK VERLANE L. ENDORF DARRON C KNUTSON 1468 W-FIRST NATIONAL BANK BUILDING DENNIS P. BURATTI BARBARA B FARRELL ST. PAUL,MINNESOTA 55101 GEORGEANN BECKER LENZA MCELRATH.JR. (612) 227-8017 ROBERT L HOBBINS MARIANNE D SHORT BARRY D. GLAZER MICHAEL E. REESLUND IRVING WE SER ELIZABETH A. GOODMAN 115 THIRD STREET SOUTHWEST STEPHEN E. GOTTSCHALK H L CUTLER KENROCHESTER, MINNESOTA 55901 GAR M. GARM.JOHNSON (607) 288-3156 JAY L. BENNETT ROBERT G. BAYER OF COUNSEL SUZANNE B. VAN DYK WALDO F. MAROUART STUART R. HEMPHILL GEORGE E. ANDERSON November 30, 1978 J DAVID JACKSON JOHN F FINN The Honorable Members of the City Council Mr. Kenneth E. Rosland, City Manager City of Edina 4801 West 50th Street Edina, Minnesota 55424 Re: Ordinance No. 1353 - Regulation of Sauna Parlors, Escort Services, etc. Dear Council Members and Mr. Rosland: Pursuant to the request of the City Council, have revised proposed Ordinance No. 1353. The revised ordinance is attached. The changes that were made in ordinance from the prior draft reviewed by the Council as follows: we this are 1. Page 3, Sec. 4(a)2.e. We have added here the last portion of this paragraph, commencing with the word "including." This requires information on residency. 2. Page 5, Sec. 4(a)9. This entire paragraph is new. It requires information on the capital investment of the applicant in the premises to be licensed. This does not apply to escort services, since there will be little invest- ment required to commence or operate an escort service. 3. Page 5, Sec. 5. We have required now that the application be signed by "all" partners and by "two officers." Previously, it was two partners and one officer. 4. Page 5, Sec. 6. We have inserted the license fees as $50 and $3,000 for an individual and a business, respectively, and investigation fees of $50 and $1,500, respectively. The license fees equal the highest fees The Honorable Mr. Kenneth E. Page 2 DORSEY, WINDHORST, HANNAFORD,WHITNE'Y a HALLADAY Members of the City Council Rosland November 30, 1978 we have been able to determine as presently being charged by other municipalities in the metropolitan area. The in- vestigation fees are less than charged by other municipalities as to an individual license, but are equal to that charge by other municipalities for a business license. The business investigation fee, however, is less than that previously sug- gested by the Mayor. 5. Page 6, Sec. 7. We have changed the time period within which the Chief of Police must submit recommendations to the City Manager on an application from 30 days to 60 days. 6. Page 6, Sec. 8. We have changed the time within which the City Manager must act upon an application from 45 days to 90 days. 7. Page 6, Sec. 8(d). We have added a clause allow- ing denial of a license if the applicant has been denied a license, or had a license revoked, under any similar ordinance of a municipality within the State of Minnesota within one year prior to the application date. 8. Page 7. We have added (g), (h), and (i) to Sec. 8. These paragraphs allow denial of license if the capital investment is less than $10,000, if the individual applicant for a massage license has not had adequate training, and if the individual applicant has not been a resident of Minnesota for at least six months, respectively. 9. Page 7, Sec. 9. We have changed the renewal application time periods to 40 to 50 days from 20 to 30 days, respectively. 10. Page 8, Sec. 10. We have added the last phrase, allowing the Council by resolution to prohibit continuation of operations under a license when it has been denied by the City Staff. 11. Page 8, Sec. 11. We have added a clause defining a transfer to include any change in a partnership and any change in the officers or owners of a corporation, with stated excep- tions. pppp,pp DORSEY, WINDHORST, HANNAFORD, WHITNEY a HALLADAY The Honorable Members of the City Council Mr. Kenneth E. Rosland Page 3 November 30, 1978 12. Page 9, Sec. 14(e). We have excepted escort services from the requirements that males attend only males and females attend only females. We have not added to the ordinance any language specifically restricting the issuance of licenses to any designated geographical area of the city. The ordinance now requires only that the business to be licensed must be permitted by the zoning ordinance on the premises described in the application. Gordon Hughes has advised me that the only place the regulated businesses could be allowed at present in the city of Edina (except escort services) are in the C-2 and C-3 areas. Those areas are, by the present zoning ordinance, found at 50th and France, around Jerry's Supermarket in the Grandview area, the Southdale area, and the Radisson South Hotel area. I am giving a map, appropriately colored by Mr. Hughes, showing these areas, to the Mayor with his copy of this letter. As we have previously advised the Council, the City may reasonably regulate, in the interest of the public health, morals, and welfare, business enterprises within the city. The question of what is "reasonable" in any given instance is, of course, difficult to determine. The present ordinance is quite restrictive in its requirements, but is not, on its face, unreasonable. Of course, the only way to really determine whether any given restriction, or provision, of the proposed ordinance is reasonable or not is to have that restriction or provision tested by court action. TSE/abc Enclosure Very truly yours, T omas S. Erickso �i y �.i •7..•.:s'� ORDINANCE NO. 1353 AN ORDINANCE LICENSING AND REGULATING PHYSICAL CULTURE AND HEALTH SERVICES AND CLUBS, REDUCING CLUBS AND SALONS, MASSAGE PARLORS, SAUNA PARLORS, AND ESCORT SERVICES: REGULATING AND LICENSING PERSONS WHO PERFORM MASSAGES AND ESCORT SERVICES; REPEALING ORDINANCE NO. 1352; AND IMPOSING A PENALTY THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Definitions. For the purpose of this ordinance, the following terms shall have the following meanings unless the con- text clearly indicates otherwise. (a) "Physical culture and health services," "physical culture and health club," "reducing club," "reducing salon," and "massage par- lor" mean any building, room, structure, place, or establishment used by the public other than a hospital, sanatorium, rest home, nursing home, boarding home or other institution for the hospitalization or care of human beings, duly licensed under the provisions of Minnesota Statutes, Sections 144.50 through 144.703, inclusive, where non- medical and non -surgical manipulative exercises or massages are practiced upon the human body for a fee or other valuable considera- tion by anyone not duly licensed by the State of Minnesota to practice medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry, with or without the use of mechanical, therapeutic, or bathing devices. (b) "Sauna parlor" means any building, room, structure, place or establishment containing a room or rooms used by the public for bathing, relaxing or reducing purposes utilizing steam or hot air as a cleaning, relaxing or reducing agent. (c) "Escort service" means any business which provides male or female accompaniment services to its customers for a fee or other valuable consideration. (d) "Massage" means the rubbing, pressing, stroking, knead- ing, tapping, rolling, pounding, vibrating, or stimulating the super- ficial parts of the human body with the hands or any instrument. Sec 2. Business License Required. (a) It is found and determined that the type of business activity subject to being licensed under this ordinance is particularly subject to abuse which may take a number of forms contrary to the morals, health, safety and general welfare of the community. Further, it is found that control of these abuses requires intensive efforts of the Police Department as well as other departments of the City. These efforts exceed those required to control and regulate other business activities licensed by the City. This concentrated use of City services tends to detract from and reduce the level of service available to the rest of the community and thereby diminishes the ability of the City to promote the general health, welfare, morals and safety of the community. Therefore, the number of business licenses which may be in force under this ordinance at any one time shall not exceed four. (b) No person, corporation, partnership, or other organiza- tion shall operate a physical culture and health service or club, reducing club or salon, sauna parlor, massage parlor, or escort service within the Citv, either exclusively or in connection with any other operation or enterprise, unless such business is currently licensed under this ordinance. For purposes hereof, a business is operating within the City, regardless of whether the business premises are actually located within the corporate limits of the Citv, if the business premises serves as a point of assignment for employees who perform services within the corporate limits of the City, in- cluding, but not limited to, telephone referral businesses. Sec. 3. Individual License Required. No person shall perform massage or escort services within the City for a fee or other valuable consideration unless currently licensed under this ordinance. The licensee shall carry, and display on request of any police officer, his or her license while within the City. Sec. 4. License Applications and Procedures. Every appli- cation for a license under this ordinance shall be made on a form supplied by the City and shall be filed with the City Clerk. The provisions of Ordinance No. 141, including the penalty provisions thereof, shall apply to all licenses required by this ordinance and to the holders of such licenses. In addition to the information required by said Ordinance No. 141, the application for a license under this ordinance shall contain the following information: (a) Business Licenses: 1. Whether the applicant is a natural person, a corporation, a partnership, or other form of organization. 2. If the applicant is a natural person: -2- a. The true name, place and date of birth, current address and telephone number of the applicant. b. Whether the applicant has ever used or has been known by a name other than his true name; and if so, such name or names and information con- cerning dates and places where used. C. A specific statement as to the type and nature of the business to be licensed. d. The name of the business, if it is to be con- ducted under a name other than the full individual name of the applicant, in which case a certified copy of the certification required by Minnesota Statutes, Chapter 333, shall be attached to the application. e. The addresses at which the applicant has lived during the previous five years, including a statement of how long the applicant has been continuously a resident of Minnesota during the period as of and immediately preceding the date of application. f. The kind, name and location of every business or occupation in which the applicant has been engaged during the preceding five years. g. The names and addresses of the applicant's employer(s) and partner(s), if any, who were such at any time during the preceding five years. h. The applicant's educational qualifications, including originals or certified copies of degrees, diplomas or certificates, if any. i. Whether the applicant has ever been convicted of any felony, crime, or violation of any ordinance other than traffic ordinances; and, if so, information as to the time, place and offense for which convictions were had. j. The physical description of the applicant and attaching a recent photograph of the applicant showing both front and side views. k. A statement of the training and experience possessed by the applicant related to the operation and affairs of the business to be licensed. -3- 3. If the applicant is a partnership: a. The names and addresses of all partners and all information concerning each partner as is re- quired of an individual applicant under paragraph (a)2 of this Section 4. b. The name(s) of the managing partner(s), and the interest of each partner in the business. c. A true copy of the partnership agreement under which the applicant exists shall be submitted with the application. If the partnership is required to file a certificate as.to trade name under the provisions of Minnesota Statutes, Chapter 333, a certified copy of such certificate shall also be attached. 4. If the applicant is a corporation or other organiza- tion. a. The name of the applicant, and if incorporated, the state of incorporation. b. A true Certificate of Good Standing, dated as of a current date, and true copies of the Articles of Incorporation or Association Agreement and By - Laws shall be attached to the application. If a foreign corporation, a Certificate of Authority issued pursuant to Minnesota Statutes, Chapter 303, shall also be attached. c. The name of the person(s) who is to manage the business and all information concerning said person(s) as is required of an individual applicant under paragraph (a)2 of this Section 4. d. The names of all officers, directors and persons who control or own an interest in excess of five percent (50) in such corporation or organization, and all information concerning said persons as is required of an individual applicant under paragraph (a)2 of this Section 4. 5. The location of the business premises. 6. Whether the applicant is licensed in other communities, or has had a license revoked, or has been denied a license, to conduct any of the activities required to be licensed hereunder; and if so, when and where the applicant is or was so licensed, has had a license revoked or has been denied a license. -4- 7. The names and addresses of those individuals to be licensed and employed by the applicant and who may work within the City. 8. The names, residences and business addresses of three residents of Hennepin County, not related to the applicant or financially interested in the business to be licensed, who may be referred to by the City for information as to the applicant's character. If the applicant is a partnership, three such names shall be supplied for each partner, and if the applicant is a corporation or other organization, three such names shall be supplied for each officer of the applicant and manager of the business. 9. The amount of capital investment to be made by the applicant in the premises described in the application for the purpose of operating the business to be licensed. For purposes hereof, capital investment shall mean the amount of money that the applicant actually invests to acquire, refurbish, repair, remodel, or furnish the said premises, including moneys invested to comply with Section 15 of this ordinance. This paragraph shall not apply to any applicant for a license to operate only an escort service. (b) Individual Licenses. All the information required under subparagraph 2, 6 and 8 of paragraph (a) of this Section 4, together with the name and location of any business licensed or to be licensed under this ordinance by which the applicant will be employed, shall be required of applicants for an individual license. Sec. 5. Execution of Application. All applications for any license under this ordinance shall be signed and verified by the oath of the applicant. If the application is that of a natural person, it shall be signed and verified by such person; if by a partnership, by all the partners; if by a corporation, by two officers thereof, and if by an unincorporated association, by the manager or managing officer thereof. Any falsification of information on any license application shall result in the denial of the license applied for, and shall constitute adequate grounds for the suspension or revocation of any license issued to the applicant therefor. Sec. 6. License and Investigation Fees. (a) License Fees. Each application for a license or renewal license shall be accompanied by payment in full of the re- quired license fee. The fee for an individual license is $50. The fee for a business license shall be $3,000. Upon rejection of any application for a license, the City Clerk shall refund the amount paid. -5- (b) Investigation Fees. At the.time of each original application for an individual license, there shall be paid in full an investigation fee of $50, no part of which shall be refundable. At the time of each original application for a business license, there shall be paid in full an investigation fee of $1,500, no part of which shall be refundable. Sec. 7. Investigation. All applications shall be referred by the City Clerk to the Police Department and to such other city departments as the City Manager shall deem necessary, for investiga- tion of the character of the applicant and verification of the facts set forth in the application. Within 60 days after the date of the application, the Chief of Police or his deputy and any other con- sultants shall submit a written recommendation to the City Manager as to issuance or nonissuance of the license, setting forth the facts upon which such recommendation is based. Sec. 8. Approval or Denial of Application. Within 90 days after the date of the application, the City Manager or his deputy shall either approve or deny the application and shall notify the City Clerk in writing of his decision. If the application is approved, the City Clerk shall issue the license. If the application is denied, the City Clerk shall furnish written notice of such denial to the .applicant, together with the reason or reasons for denial. In addition to the reasons set forth in Section 4 of Ordinance No. 141, a license hereunder may also be denied for any of the following reasons: (a) If an individual applicant is under the age of 18; (b) If the applicant, or any one or more of the principal officers, managers, directors, shareholders or owners, if a corporation or association, or any one or more partners, if a partnership, have been convicted of a felony, or have been convicted of any illegal conduct involving moral turpitude, dishonesty, fraud, deceit or misrepresentation; (c) If the applicant, or any one or more of the principal officers, managers, directors, shareholders or owners, if a corporation or association, or any one or more partners, if a partnership, has been convicted of any crime or crimes directly relating to the occupation of massage and escort services, as defined by Minnesota Statutes, Section 364.03, subdivision 2, and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of the occupation of massage or escort services, as defined by Minnesota Statutes, Section 364.03, subdivision 3; (d) If the applicant, or any one or more of the principal officers, managers, directors, shareholders or owners, if a corpora- tion or association, or any one or more partners, if a partnership, has within one year prior to the date of application been denied a license under this ordinance, or any similar -ordinance of any muni- cipality within the State of Minnesota, or has within such period had revoked any license issued under this ordinance, or any simi- lar ordinance of any municipality within the State of Minnesota; W-V (e) If the business to be licensed is not permitted by Ordinance No. 811 upon the premises described in the application; (f) If the premises described in the application for a business license fail to comply with the requirements of Section 15 hereof. (g) If the capital investment to be made by the applicant in the premises described in the application for the purpose of operating the business to be licensed is less than $10,000. This paragraph shall not apply to any application for a license to operate only an escort service; (h) If the individual applicant for a license to practise massage has not (i) had at least two years' actual training and experience in practising massage, or (ii) received at least one year of training in practising massage from a school classified and conducted as an area vocational -technical school by the Min- nesota State Board of Education pursuant to Chapter 121 of Minnesota Statutes, (iii) received at least one year of training in practising massage from a school approved by the Minnesota Higher Education Coordinating Board pursuant to Chapter 136A of Minnesota Statutes, or (iv) received at least one year of training in practising mas- sage from a school within or without Minnesota meeting the standards of those schools approved as provided in (ii) and (iii) above in this paragraph; (i) If the individual applicant has not been a resident of Minnesota continuously for at least the six-month period im- mediately preceding the date of application Sec. 9. Renewal Applications.. Not less than 40 nor more than 50 days prior to the expiration of any license issued hereunder, any license holder desiring to renew the same shall submit a written application therefor to the City Clerk on forms provided by the City together with payment in full of the same license fee as required for the original license. Such renewal application shall be forwarded to the City Manager or his deputy who shall, within 30 days after the date of such renewal application, either approve or deny the applica- tion and shall notify the City Clerk in writing of his decision. The City Cl rk shall thereupon issue the license or, in case of denial, notify the applicant in writing of such denial setting forth the reason or reasons therefor. Sec. 10. Appeal to Council. Any applicant may appeal from denial of a license or renewal of a license by filing a written notice of appeal to the City Council in the office of the City Clerk within 30 days after such denial. Such appeal shall be heard by the City Council within 60 days after such notice is filed and opportunity shall be given to any person to be heard in favor of or opposing the issuance or renewal of the license. The City Council may order and conduct such additional investigation as it deems necessary. Any -7- licensee is authorized to continue to operate until final action.by the City Council upon his renewal application,.unless prohibited by Council resolution made after such denial. Sec. 11. License Not Transferable; Duration. Each license shall be issued to the applicant only and shall not be transferable to another holder. Any change in the persons named as partners on the application, as required by Sec. 4(a)3.a. hereof, and any change in the persons who are named in the application as required by Sec. 4(a)4.d., shall be deemed a transfer for purposes of this ordinance; provided, however, if the licensee is a limited part- nership, a change in the limited partners of less than 25%, cumulatively over the then license period, shall not be deemed a transfer; and provided further, however, that the change in or addition of a vice-president, secretary, or treasurer of a corporate licensee shall not be deemed a transfer. All licenses issued pur- suant to this ordinance shall be effective for one year from the date of issuance. Sec. 12. Suspension or Revocation of License. The City Council may suspend for any period not exceeding 60 days, or revoke, any license issued pursuant to this ordinance upon a finding of violation of any provision of this ordinance or upon violation of any other ordinance, statute or regulation affecting the activities covered by this ordinance. Any conviction for prostitution or any other crime or violation involving moral turpitude shall result in the revocation of any license issued hereunder. Except in the case of a suspension pending a hearing on revocation, revocation or sus- pension by the City Council shall be preceded by written notice to the licensee of a hearing thereon. The notice may be served upon the licensee personally or by mailing the same to the business or residence address set forth in the application or on file with the City Clerk. The notice shall give at least 10 days' notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The City Council may, without any notice, suspend any license pending a hearing on revocation for a period not exceeding 30 days. Sec. 13. Hours of Operation. No business licensed here- under shall be open for business, nor shall anv persons or customers be permitted on the premises, between the hours of 10:00 p.m. and 8:00 a.m. of the succeeding day. Sec. 14. Restrictions and Regulations. (a) The individual designated by a partnership or a corporation in its application for a business license to be manager and in responsible charge of the business shall remain responsible for the conduct of the business until another suitable person has been designated in writing by the holder of the license. The holder of the license shall promptly notify.the Police Department in writing of any such change indicating the name and address of the new manager and the effective date of such change. (b) Any person practicing massage within the City shall inform the City of any changes in employment or location of employ- ment within the City. (c) Any person engaging in massage in the City shall inform the City of any change in residence address within 30 days of such change. (d) The holder of a business license under this ordinance and all persons in his employ or connected therewith shall maintain an occupancy or guest register by which each patron must register with his correct name, address and phone number and each license holder, or person in its employ shall require each patron to furnish identification describing and identifying his correct name, address and phone number and shall further require each patron to correctly and truthfully furnish his name, address and telephone number to the guest register before the administration of any services of the business licensed hereunder. This occupancy register or guest register must be maintained on file for inspection by officers, employees or agents of the City of Edina or any other agency of any political subdivision, the State of Minnesota or agency of the United States government for a period of not less than two years. (e) At all times during the operation of any business licensed hereunder, other than an escort service, male employees and attendants shall attend to, practice massage upon, or otherwise serve only male patrons, and female employees shall attend to, practice massage upon, or otherwise serve only female patrons. Also, employees of all businesses licensed hereunder must remain and be fully clothed. (f) No person shall perform a massage for a fee or other consideration at any place other than a physical culture and health service, physical culture and health club, reducing club, reducing salon, sauna parlor or massage parlor duly licensed hereunder. (g) No person shall solicit massage or escort services in any public place within the City. Sec. 15. Construction Requirements. No business license shall be issued for other than an escort service unless the premises to be used for such operation shall comply with the following require- ments: (a) All rooms utilizing steam or hot air as a cleaning, relaxing or reducing agent, and all restrooms, changing rooms and bathrooms used in connection therewith, shall be constructed with materials impervious to moisture, bacteria, mold and fungus growth. Floor to wall and wall to wall joints shall be constructed so as to provide a sanitary cove with a minimum radius of 3/8 inch. (b) All public restrooms shall be provided with mechanical ventilation with 2 cfm per square foot area, a minimum of 15 foot candles of illumination, a hand washing sink equipped with hot and cold running water under pressure, sanitary towels with dispensers and soap with dispensers. Q'19 PPPPP,P (c) Each such operation shall have a janitor's closet for the storage of cleaning supplies with a mop sink, mechanical ventila- tion with 2 cfm per square foot area and a minimum of 15 foot candles of illumination. (d) Individual lockers shall be provided for use by customers and shall have separate keys for locking. Sec. 16. Maintenance; Sanitary Conditions; Communicable Disease. (a) All businesses licensed hereunder shall at all times be kept in a clean and sanitary condition. (b) All instruments and mechanical, therapeutic, and bathing devices or parts thereof that come into contact with the human body at all times shall be kept -clean and sanitary. (c) No towels and linens furnished for use by one patron shall be furnished for use by another until thoroughly laundered. (d) All individuals who practice massage shall wash their hands thoroughly before each massage. (e) No person suffering from a communicable disease shall work or be employed in a licensed business. No person suffering from a communicable disease to the knowledge of the owner, custodian, or employees of a licensed business shall be accommodated as a patron therein. Sec. 17. Inspection. Each business required to be licensed hereunder shall at all times be held open for inspection by duly authorized representatives of the City. Sec. 18. Barber Shops and Beauty Salons Exempted. Barber shops and beauty salons which do not give, or hold themselves out to give, massages, other than is customarily given in such shops and salons for the purpose of facial beautification only shall not be subject to the provisions of this ordinance. Sec. 19. Penalty. Any person violating this ordinance shall be guilty of a misdemeanor. Such penalty may be imposed in addition to revocation or suspension of a license. Sec. 20. Repealer. Ordinance No. 1352 is hereby repealed in its entirety. Sec. 21. This ordinance shall be in full force and effect immediately upon its passage and publication. -10- IVIL LIBERTIES NEWS Published quarterly by the MINNESOTA CIVIL LIBERTIES UNION Office of Publication 628 Central Avenue Minneapolis, Minnesota 55414 BOARD OF DII:ECTORS Lynn Castner, Fridley, President Alberta Johnson, Mpls., Vice Presiden John Carnahan, Mpls., Secretary Sandra Morris, Mpls., Treasurer Richard Allen, Roseville Norton Armour, Mpls. Margaret Boddy, Winona Robert Bruno, Burnsville Walter Cleveland, Excelsior Newton S. Friedman, Duluth Pat Henkel, Osseo George Jones, St. Peter William I. Kampf, Maplewood Errol K. Kantor, Mpls. Linda Lavender, Burnsville Susan Margoles, St. Paul Steve McClellan, Mpls. Robert D. Metcalf, Mpls. Jack Mogelson, Golden Valley Mercedes Nelson, Mpls. William Otterness, Mpls. Deonne Parker, Fridley William T. Richardson, Mpls. Monroe Schlactus, Mpls. Selma Schwartz, Golden Valley Matthew Stark, Mpls. Mike Stutzer, Mpls. Randall Tigue, Mpls. Michele Wallace, St. Anthony Village Beverly Wickstrom, St. Paul STAFF Executive Director: Matthew Stark Assistant Executive Director: G. William Forster Legal Counsel: Patsy Reinard Editor: William T. Richardson Associate Editor: Jo Matson Subscription by membership: $5 (student), $15, $25, $50, $100 and up, which includes one year's subscription to Civil Liberties News. Non-member subscription is $3 per year. Second Class Postage paid at Minneapolis, Minn. M" 8 PLANNING TO MOVE? PLEASE NOTIFY THE OFFICE OF YOUR ADDRESS CHANGE AS SOON AS POSSIBLE. onstitution the The MCLU has filed a friend -of -the - court brief in the Minnesota Supreme Court in support of three sauna and massage parlors which seek to have a Rochester ordinance declared unconsti- tutional The ordinance, passed March 6, 1978, prohibits opposite -sex massages, re- quires that parlors close at 10 p.m., and increases the annual license fee from $250 to $3,000. The owners of Lo- lita's, Angle's Massage, and the Velvet Touch filed suit in March in Olmsted County District Court, claiming that they were being forced out of business by the unconstitutional ordinance. Dis- trict Judge 0. Russell Olson refused to find the ordinance unconstitutional but enjoined its operation so that the par- lors could remain open for business until the Minnesota Supreme Court can decide the appeal from his order. Ac- cording to the St. Paul attorney who represents the parlors, Jeffrey R. An- derson, the Supreme Court has all of the briefs and is expected to decide the case sometime in January, 1979. The MCLU brief, written by volun- teer attorneys Owen Gleason and Patsy Reinard, argues that Rochester's ex- cessive and punitive regulation of sauna and massage parlors is actually an attempt to "exploit the prejudices against massage parlors in order to penalize such businesses and . . . eliminate them from the City ..." Such motivation, the brief explains, is based on an irrational assumption that these businesses are fronts for illegal sexual activity and a desire to impose the rang may moral code of the community on inti- mate conduct which is otherwise legal. For example, the brief explains, there is no evidence that opposite -sex mas- sages are more likely to lead to illicit sexual activity than same -sex mas- sages; therefore, it is sex discrimina- tion to throw massagists out of work based on their sex when there is no connection between gender and the ouroose of the ordinance. Also, according to the brief, a total ban on massage parlors would violate equal protection because no care is taken to differentiate between legiti- mate messagists and those engaging in criminal activities. The brief goes on to argue that the $3,000 annual license fee is taking of property without due process of law be- cause it is far in excess of the City's actual expense for licensing and reg- ulating sauna and massage parlors and makes prohibitively expensive an activity which is perfectly legal. The brief points to the fact that a license fee of $250 was considered adequate for many years until it was increased by $2,750 in 1978. The brief further argues that the fee is far in excess of the $750 charged to dance halls or $240 to on -sale liquor establishments, which pose equal regulation problems, and therefore violates the Equal Protection Clause of the 14th Amendment. The MCLU brief also argues that mere touching or caressing in a massage or sauna parlor takes place between con- senting adults in an area separated from public view. Norman Dorsen tv speak at MCLUF breakfast Professor Norman Dorsen, president of the American Civil Liberties Union, will be the keynote speaker at the MCLU Foundation's Second Annual Breakfast on Sunday, December 10 from 10 to 11:30 a.m. at the Minneapolis Athletic Club. Tickets for this Foundation Keynote Breakfast are $50 a person and may be ordered by writing the Foundation office at 628 Central Avenue S.E., Minneapolis 55414. Dorsen will speak on the topic "Inside the ACLU." As president of the ACLU, Dorsen has been involved in a number of significant changes in the staff of the ACLU, as well as in changes in the structure and thrust of the ACLU. Dorsen's breakfast talk will be proceded by introductory remarks from William Nunn, a member of the American Civil Liberties Union's Board of Directors in the 1930s. Nunn will comment on the activities of Clarence Darrow in the early years of the ACLU. All funds raised by the MCLUF will be used by that organization for public education or legal defense of cases concerning the Bill of Rights and the U.S. Constitution. MEMORANDUM To: Mayor and Council From: Kenneth E. Rosland, City Manager Subject: Parking Ordinance - Snowplowing Date: November 29, 1978 Because of the unseasonally warm weather the forepart of November this year, the question has been raised as to modification of Section 11.13(c) of Ordinance No. 1401 which currently prohibits the parking of cars on the street between 1 a.m. and 6 a.m. between November 1 and March 31. As the purpose of this ordinance is to aid in snowplowing, there is some question as to the feasibility of amending the policy to the first snowfall rather than November 1. There are, however, two problems with such an amendment. The first is a practical problem in that when the first significant snowfall comes there will be many cars left parked out as owners could be unaware of the approaching storm which would greatly inhibit the first snow removal. The first major fall this year was not predicted to be as great as it was. The second is a legal enforcement problem in that defining what constitutes the first "significant" snowfall can be loose at best, with many persons probably able to "beat" the ticket given the ambiquity as to when enforcement would commence. The staff recommends against any changes in that section at this time. Other communities have begun to copy Edina's lead in this area. (The attached news- paper article discusses the problems of snowplowing.) KR:ad enc 10. Pedestrians' Rights and Duties. 10.01 M.S., Sec. 169.21 (Rules for Pedestrians and Vehicle Drivers). ' 10.02 M.S., Sec. 169.202 (Blind Pedestrians). For purposes of applying Section 169.202, "Blind person" means a person wholly blind or so partially blind as to require mechanical, human, or other aid in the use of the streets. 10.03 Crowding Sidewalks. No person or groups of persons shall assemble or cause others to assemble on any sidewalk so as to obstruct the free passage of pedestrians thereon or interfere with the use thereof. 11. Parking, Stopping and Standing; Loading. 14 .0 1• M.S., Sec. 169345 (Parking Privileges for Physically Handicapped). 11.02 M.S. Sec. 169.35 (Parking Rules). 11.03 Additionall Parking Rules. No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic -control device, in any of the following places: On a boulevard between sidewalk and roadway; s Within five feet of the intersection of any public or private driveway or alley with any street or highway; In any place where the vehicle will block a fire Escape or the exit from any building; or In any place where temporary signs prohibit parking as long as such signs are in p'iace. 11.04 Angle Parking. Upon those streets which have been marked or signed for angle parking, vehicles shall be parked at the angle to the curb indicated by such marks or signs. 11.05 Manner of Parking and Right -of -Way. The driver of a vehicle intending to park at the curb of any street or highway at a place about to be vacated by another vehicle shall stop back of said parking space and wait until said vehicle has vacated said parking space. The person so desiring to park shall then move his vehicle to a place immediately in front of said parking space and back into it and the driver of any other vehicle approaching From the rear shall yield the right-of-way to such person for the purpose of parking at said parking space. Provided, that in case there is no one in position immediately in front: of said parking space prepared to back into it, and said parking space is large enough to permit it, the driver of an approaching vehicle may head into said parking space without backing. In no case shall the front or rear extre- mities of the parked vehicle be closer than four feet to the front.,or rear of any other parked vehicle. 11.06 Vehicles Back to Curb. No vehicle shall be backed up to the curb to load or unload except when the weight or bulk of the load necessitates loading or unloading in this position, and only for the period of time necessary to so load or unload said vehicle. 11.07 Cars for Sale. No person shall place any vehicle on a highway to display the same for sale or exchange. A vehicle shall be deemed to be displayed in violation of this section when found standing upon a street or highway, and bearing a sign indicating that it is for sale or exchange. 11.08 Washing, Greasing, Etc. No person shall wash, grease, or repair a vehicle upon a street or highway, except such repairs as are necessitated by an emergency. 11.09 M.S., Sec. 169.32 (Disabled Vehicles). 11.10 M.S., Sec. 169.34 (Stopping or Parking Prohibited in Specified Places). 11.11 Truck Loading Zones. No person shall stop, stand or park a vehicle, other than a commercial vehicle, in any space marked or signed as a Truck Loading Zone. Commercial vehicles shall not be parked in Truck Loading Zones for any other purpose or for longer than necessary to unload and deliver or to pick up and load materials between 8 a.m. and 6 p.m., unless otherwise designated, Sundays and legal holidays excepted. 11.12 Passenger Loading Zones. No person shall stop, stand, or park a vehicle for any purpose or period of time other than for the expeditious loading or unloading of passengers in any place officially designated and marked as a Passenger Zone during the hours when the regulations appli- cable to such Passenger Zone are effective, and then only for a period not to exceed three minutes. 11.13 Limited Parking Zones. (a) Generally. No person shall park any vehicle for a longer period than is designated on the signs marking such zone in any Limited Parking Zone established by the Police Chief or the Director of Public Works and Engineering, except on Sundays and legal holidays; provided, the Council shall have authority to rescind the establishment of such zone. (b) Six Hour Parking. No person in charge of any vehicle shall park. or permit said vehicle to stand upon any street or highway for more than 6 consecutive hours at any time, unless otherwise designated on signs erected and installed; provided, that this paragraph shall not apply to vehicles used by persons. while engaged in services performed on the premises of others, such as painting, home construction or repair, installation of appliances, cleaning, or fumigating. (c) Seasonal Parking Restriction. From November 1 to March 31, inclusive, no person shall park or permit any vehicle to stand on any street, highway or alley for all or any part of the period from 1 a.m. to 6 a.m. (d) Shifting of Parked Vehicle. For the purpose of the regulations relating to limited parking, any vehicle moved a distance of not more than two blocks during the limited parking period shall be deemed to have remained stationary. 11.14 M.S. Sec. 169.36 (Brakes to be Set). 11.15 Vehicle to be Locked. Every person parking a passenger automobile on a public street or alley shall lock the ignition, remove the key, and take the same with him. 11.16 Parking in Public Alleys. Vehicles other than trucks shall not be parked in public alleys, and trucks shall not be so parked for a longer period of time than is necessary to load or unload commodities, and then not to exceed 30 minutes. 11.17 Double Parking. Vehicles shall not double park on a street or highway except trucks when calling for or delivering merchandise, and when access to the curb at or immediately adjacent to the place of delivery is blocked by other vehicles, and then only for such length of time as may be necessary to load or unload, such length of time in any event not to exceed 15 minutes, and no motor vehicle, commercial or pleasure, shall double park in any area designated by the Council as a parking meter area. 243 1 hedre'da' frr ra November22i1978 <(VY— 15A The snowplow is a part of the winter scene that we take pretty much for granted. But a great deal of money, effort and planning goes into ' plowing city streets. "ffemoval or snow is a costly operaho n, arid to remove it for other than designated and most necessary reasons would de ex- havagant and imprudent. " Brochure put out by the Minneapolis Department of Public Works. By Linda Picone Staff Writer When it snows in other parts of the coun- try, public works officials call Minneapolis to ask what to do. Despite the grumbling of those city resi- dents who have just driven to Edina and discovered that the streets there arq with- out so much as a flake, the Minn@spells system for snow removal is considered something of a model. Minneapolis gets about 44 inches a snow in an average winter, the city spent more than $2 million and uses about 175 Nieces of equipment, more than 20.000 ns of salt and about 15,000 tons of se, d and 100 men to get it off the streets.. The snow -removal system is well orga- nized, with dispatchers sending men and machinery out in each of five snow-remov- at districts. Every street, every alley and every parkway in Minneapolis is supposed to get Geared. Why, then, are there mounds of snow on some streets? Slippery spots on alleys? Streets that look untouched by plows? Almost everyone connected with the sys- tem puts the blame on parked cars. "The whole problem we have is the illegal- yy parked car on the street," said Melvin Enquist, director of street maintenance and sanitation. "And in an old city like Min- neapolis, you can't just say get rid of them,' because there's no place them, to go_'. rjflain .-1 i #�. 1►-- r'nz.. ,1., � • i '�.+�y. ;, A+Fri � , .+ya....' �;_'4fP .t'.�.r�.r � i... tM;: r iC l (_ v. t .... rYb'f .4!!�.•.'.LYa.wr_, —•" -dill' course the streets in Edina are Cleared k- awe sal Gordon Liberty o t e can own district office in the Minneapolis Department of Public Works. Almost ev- ery house these has off-street parking and the snowplow drivers don't have to con- tend with parked cars hi the way. David Babcock has been a driver for the city for seven years and he takes the job seriously. "Sometimes as a driver you just get frustrated," he said of the parked cars he has to plow around. "You think people don't really care." In fact, the Minneapolis an r moral system is really a parking plan, into dad to clear the streets as much as po ibis so they can be efficiently and pletely plowed. Enquist and LaLiberty outlined what hap- pens when 4 snows in Minneapolis: ■ As the snow drifts down, the first trucks start out with salt and sand. Some well- known bad spots in residential areas, es- pecially intersections and hills, are sanded. - If it's warm enough, about 20 degrees, the arrow -emergency routes are salted. Other- wise they may get some sand. ■ The snow piles up, maybe an inch or two, and the plows start out on the snow - emergency routes. Probably these will be sand trucks equipped with underbody Uws which can clear the street, then ve sand on it so it won't be slippery. No snow emergency is in effect and the plows I t 1 I the i n routes route and are done along with the streets. . But William Sandercock, public works -' foreman III in St. Paul, said the more liberal ■ After the snow -emergency plowing is parking "is probably our biggest obsta- 5nished, some "crucial" areas, such as cle." He said cars are tagged, but not bus stops, are not just plowed but cleared towed, for parking on a street to be, • of snow altogether. This snow is loaded plowed, and he added, "There are some onto trucks and dumped on vacant land people who just never move at all. They're the city owns. "We used to put it in the just plain in the way. river," said Enquist, "but the PICA (Minne- sota Pullution Control Agency) saic no." The other difference between Minneapolis and St. Paul is that St. Paul plows fewe, l If it keeps on snowing, the whole thing • streets and less often. Sandercock said just might have to start over again — with- the city does not plow alleys. "That's up out even a break between anow emergery .- to the property owners." Somehow, he cie3. said, the city garbage trucks manage to - get in and out just fine. If you live in what is known as the South- west Experimental Area, you follow a dif- Also, he said, "We've changed our think ferent set of rules. This area is bounded by ing in the last couple of years. The oil the city limits on the south and west, Inter- standard was 4 inches and we'd call a state Hwy. 35W on the east and 46th St.' snow emergency. Many times now we ge on the north (west of Lake Harriet, the 2 or 3 inches and we plow the snow-emer- northern boundary is 44th SI). gency routes and don't touch the reside slats." In this area, parking is prohibited on nearly all east -west streets as soon as snow be- Sandercock said St. Paul tries to avoid re - gins . to fall. When a snow enter gencv is de- plowing streets, so If parked cars bloc clared, parking is immediately banned on, effective snow clearing, the residents o snow emergency routes. For 24 hours at- that street just may be stuck. ter a snow emergency has been declared; beginning at 8 a.m., parking is banned on - Enquist said he can remember growing u not th-south streets in the area but permit- :• in Minneapolis when the snow just slayer ted on east -west streets. where it fell. "You could go sledding o - any residential street," he said."£very Enquist said the experimental plan seems one used to have chains for their cars to be working. "but we still have the same Now :Host people don't know how to pu problems with illegal'y parked cars." Also, on a set of chains." he said, that southwest area of the city has quite a bit of off-street parking, so any -. Jack Beattie, head of the downtown di plan is more likely to succeed there than. trict office in the Minneapolis Departmen are sump y rymg o c ear main ou they in, say, the university area. - of Public Works, said, "The only thin as best can. geed about the good old days is that w ■ It's still snowing and things are starting ■ During the first 12 hours or more of a emnrgency, the plows start on residential He also wanes that if the whole city were to follow that pine, manpower would be didn't have the parked cars then. We hav - better equipment and more people today to buzz at the public works department. The city engineer declares a snoop enter• snow emergency, parking is forbidden on the marked snow emergency routes, And streets. Two his days are sot to clear rest- denual areas. f her dear the east -nest taken away from the primary job of getting but we have parked cars all over." gency and drivers are called in to begin the plows go of it in earnest re stets on ecven-numbered rth days and no the snow-enlergsnly routes cleared. - The Minneapolis system for snowplowil work. - A big street, such as. Lake St., will have south streets on odd -numbered days. Often the suggestion Is made that. Minne- seems simple and straightforward to En Technically, a snow emergency is called four plows moving in a staggered raw. Alleys are usually cleared at night and tc be in better shape than the spoils go to the St. Paul plan for snow ro- movnl. The main difference between the quest but even fift: resrderfts gat cost fused as to just wlK:n they ere supposrr when there are 4 inches of snow or more, but the city has not been waiting trial long pushing snow from the middle of the street to the curb. The idea is to clear the guiter; often seem streets, largely beceusothey don't have SL Puul and Minneapolis plans is that in St. to get their cars oft the streets Beiuv in the past few years. Usually the emer- :but sometimes this means a follow-up rip- is the problem of parked care. Parkways are to be cleared niter residential Paul care are Aflowei.t to park on a stft et as soon as it is plowed. in Minneapolis. the parked in the wrong place during a sno . emergency means at beat a $30 ticke gency is declared by the time 2114 to 3 oration after the main plowing done. - supposed streets, but in many pla'.es they are sin- parking ban remains in effect on a street and sometimes having your car tow : inches of Brow are on the ground -- espe-. cially if it's still falling. /.At 8.a m. on the first full day of the snow ply made part of a Continuous plowing for a full 24 hours, plowed or not. away as was. Enquist sympathizes the angry dft ■ The expense. inch (``/� f snow erowr no even wattle their CIet9 Uff trK StrAel 1 nay 11'. ay how 'I "I ■ you0efli'". ut knew euslud. gc. you teal he said J tagged and towed," d.lywhile wafehrc.. The Mmn apolm ou rg t for snuw removal to thin drivers In idol If," wale pull luxe.'. road grarl,:r ltcd with plows, etc !'{•_ r±r cat irl,erif,ld from the cwy a equin- my rtwre crews work dump a snow en!,, ..Is 52..A _,n I,x vi:v year 1917 about $2e 41 ;i d,.1 In tdrfi they were. Iev plows and a few ll , is and Our,kc with m >nt ri vision. which fettle nyu,ixrrNlt Mr all gency." Arid ii g pwd.about 1 _ S •';, and n%v they plowA in WAL I or un 1 ith In Ill, Were r.ov deft 1 tinn s `in the it + -, t at i-arry era paid Rtrc.tl y la,:• aWai lJ YdYt.kS ,I•u l:it?;p ;wit. ••�'�, v•d2fr ly y ❑I"h'.t I :.. ' , ,t (, )n {r 1 r �r;r• y11fT: wi ,, r I1, t lr . - jh+, ..:'. ., .. , ., ., .. , : .. ♦ .. ,ie .: ., t i.'- r , I, .:, ., � i r,r. e lip HARRY GUSTAFSON WALTER C. GUSTAFSON MICHAEL, J- ADAMS GREGORY D. GUSTAFSON MARK G. OHNSTAD JOHN M. BUJAN RONALD L. SNELLING SON, GUSTAFSON & ADAMS, P. A. ATTORNEYS AT LAW SUITE 411 7400 METRO BOULEVARD MINNEAPOLIS, MINNESOTA 55435 TELEPHONE (612) 835-7277 June 20, 1978 Lieutenants Kleven and Mitchell Edina Police Department 4801 West 50th Street Edina, MN 55424 Gentlemen: Enclosed herewith is a copy of a letter which I recently sent to the Edina City Attorney, Tom Erickson, along with a copy of the Bloomington Prostitution Ordinance. I meant to copy you with the Ordinance and the letter at the time it was written, however, through a clerical error this was not done. I also discussed this matter with the City Manager, Mr. Ken Roslyn. I anticipate at this point that Mr. Roslyn and Mr. Erickson will bring this matter before the attention of the City Council and hopefully the council will enact an appropriate ordinance. Please review the enclosed Ordinance and direct any comments you have with regard to it's content to me so that I may convey them to Mr. Erickson. Thank you. Y7STI� very t ly, GSO ,, USTAFSON & ADAMS, P.A. Ronald L. Snelli RLS/ds Enclosure June 15, 1978 Mr.`Tom Erickson Attorney. at Law 2300'1st National Bank Buildina Minneapolis, ' lZinnesota 55402 Fte: City of Edina - Prostitutioa Ordinance Dear Tom: I have enclosed herewith a coov of the prostiution ordiranc� which is currently in effect in Bloomington, As we discussed, rdina, at the present' time prostitution ordinance and asare-,aware,- does not have ,a You the County Attorney is not prosecuting accused Prostitutes under the state statute. Therefore, there have been occasions in the past '.'- upon which it has been necessaryt in Gina wtutes ith other ordinance violationssuochhasgooarating as�an=unlicensvd masseuse. Based upon my conversations with both Lieutenant 'Mitchell and Lieutenant Kleven of the Edina Police Department, it -does aapaar that it would be beneficial to the police if a prostitution ordinance along the lines of the Bloomington ordinance were enacted. you have -any questions with regard to this niattar Dlease contactlme. Yours vary truly, Ronald L. Snelling Assistant Prosecuting Attorney City of Edina 7400 Metro Boulevard Edina, :Minnesota 55435 (612) 835-7277 n.T_,S : cW - Enclosure MORALS AND CONDUCT § 12.07 (D) Such persons shall collet in groups or crowds in, upon, or near any street, sidewalk, or public place in said City so as to obstruct public travel or movement thereof. (Code, 1958 § 174.01; Village Ord. No. 22, 9-1-53; Village Ord. No. 205, 9-21-59; Village Ord. No. 261, 12- 8-60; Ord. No. 70-29, 7-6-70) Sec. 12.05. Disorderly Conduct Prohibited, Disorderly conduct is hereby prohibited and anyone doing any of the above acts shall be guilty of a misdemeanor. (Code, 1958 § 174.02; Added by Village Ord. No. 22, 9-1-53) Sec. 12.06. Prostitution. (a) GeneraLNo person in the City of Bloomington shall: (1) Commit or offeror agree to commit a lewd act Oran act of prostitution or moral perversion; (2) Secure or offer another for the purpose of committing a lewd act or an act of prostitution or moral perversion. (3) Be in or near any place frequented by the public, or any public place, for the purpose of inducing, inticing, or procuring another to commit a lewd act or an act of prostitution or moral perversion; (4) Make a meretricious display in or near any public place, anyplace frequented by the public, or any place open to the public view; (5) Knowingly transport any person to any place for the purpose of committing a' lewd act or an act of prostitution or moral perversion; (6) Knowingly receive or offer or agree to receive any person into any place or building for the purpose of performing a Iewd act or an act of prostitution or moral perversion or knowingly permit any person to remain in any place or building for any such purpose; (7) Director offer to direct any person to anyplace or building for the purpose of committing any lewd actor act of prosti'ution or moral perversion; or (8) Aid, abet, allow, permit, or participate in the commission of any of the ac'. prohibited in paragraj,--s (1) througl: (7) of this subsection. (b) Prostitution prohibited Prostitution is hereby prohibited and anyone doing any of the acts set forth in subsection (a) of this section shall be guilty of a misdemeanor. (Code, 1958 § 174.03; Added by Ord. No. 66-72, 12-19-66) &-c. 12.07. Disorderly Condi.wt at Events. (a) Purpose.The pure. :.: of this section is to describe certain condL,�t at events which are defined herein and which are found to be disordtrly conduct and conduct unbecoming a spec+.` -for or participant at an event and found to be a nuisance contrary to the public welfare of the City of Bloomington. (b) Definition."Event" means a theater performance or show, athletic contest or other entertainment or amusement, or a public gathering to which the general public is admitted. (c) Conduct prohibited. The doing of any of the following acts without authority of law by any person or persons is hereby declared to be disorderly conduct and unlawful: (I) Using profane, vulgar or indecent language so as to be audible and offensive. (2) Appearing at an event in an intoxicated condition. (3) Engaging in brawling or fighting or in conduct tending to reasonably arouse alarm, anger or reseniment in others. (4) Intentionally throwing any object, thing or article onto a stage, playing field or area where an event is conducted, which may be likely to endanger any person or property or interfere with the orderly play or conduct of the event. 148 'e 6 e7to.-W.- a-.0jo--, Gxtww 4 lot JAJ e6401-* 7� ♦ tii ��,J lk 4 1 s/ E. TtZ I d /o 14-9 A �� so I d4-0:7 ORDINANCE NO. 1353 AN ORDINANCE LICENSING AND REGULATING PHYSICAL CULTURE AND HEALTH SERVICES AND CLUBS, REDUCING CLUBS AND SALONS, MASSAGE PARLORS, SAUNA PARLORS, AND ESCORT SERVICES; REGULATING AND LICENSING PERSONS WHO PERFORM MASSAGES AND ESCORT SERVICES; REPEALING ORDINANCE NO. 1352; AND IMPOSING A PENALTY THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Definitions. For the purposes of this ordinance, the following terms shall have the following meanings unless the context clearly indicates otherwise. (a) "Physical culture and health service", "physical culture and health club", "reducing club", "reducing salon", and "massage parlor" mean any building, room, structure, place or establishment other than a hospital, sanatorium, rest home, nursing home, boarding home or other institution for the hospitalization or care of human beings, duly licensed under the provisions of Minnesota Statutes,Sections 144.50 through 144.69, inclusive, where non- medical and non -surgical manipulative exercises or massages are practiced upon. the human body for a fee or other valuable consideration by anyone not duly licensed by the State of Minnesota to practice medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry, with or without the use of mechanical, therapeutic, or bathing devices. (b) "Sauna parlor" means any building, room, structure, place or establishment containing a room or rooms used by the public for bathing, relax- ing or reducing purposes utilizing steam or hot air as a cleaning, relaxing or reducing agent. (c) "Escort service" means any business which provides male or female accompaniment services to its customers for a fee or other valuable consideration. (d) ";massage" means the rubbing, pressing, stroking, kneading, tapping, rolling, pounding, vibrating, or stimulating the superficial parts of the human body with the hands -or any instrument. Sec: ?. Business License Required. No 'person, corporation, - or otherorganization shall opera�e a physical culture and partnership,club or salon, sauna parlor, massage parlor, health service or club, reducing or escort service within the City, either exclusively or in connection with any other operation or enterprise, unlreofss such business scurrently licensed a businessisoperatingwithin under this ordinance. For purposes hereof, remises are actually located the City, regardless of whether the business p remises serves as a within the corporate limits of the City, if the business p onorat for employees who perform services within the corporate point of assignment telephone referral limits of the City, including, but not limited to, P businesses. Individual License Required. No person shall perform massage Sec. 3. or escort services within the City foss fee o. er oThereconsideration licenseeshallcarry,ared unless currently licensed under thi display on request of any police officer, his or her license while within the City. Sec. 4. License A lications and Procedure. Every application for a lied by license under this ordinance shall bemade rovisionsmofuoprdinance Nothe City 141, Theand shall be filed with the City Clerk. P 1 to all licenses required including the penalty provisions thereof, shall apply by this ordinance and to the holders of such licenses. In addition to olthense .information require by said Ordinance No. 141, PP ntain the following information. under this ordinance shall co (a) Business Licenses: 1. Whether the applicant is a natural person, a'corporation, a partnership, or other form of organization. 2. If the applicant is a natural person: a. The true name, place and date of birth, current address and telephone number of the applicant. b. Whether the applicant has ever used or has been known by a name other than his true name; and if so, such name or names and information concerning dates and places where used. c. specific statement as to the type and nature of the business to be licensed d. The name of the business, if it is to oe conducme of ted under a name other than the full individual a2— �T�1 in which case. a certified copy of the cer- applicanMinnesota Statutes,Chapter 333, shall - tification required bylication. be attached to the app e. The addresses at which the applicant has lived during - the- previous five years. or upa- f . The kind, name and location has been engaged of every sduri..ngete. tion in which the -applicant preceding five years- The names and addresses of the applicant's employer(s) and g• were such at -any time during the partner (s) , if any, who preceding five years- h. Whether the applicant has ever been convicted of any felony, crime, or violation of any ordinance other than to -traffic ordinances; and, if so, information as were had. the time, place and offense for which convictions wer physical description of the applicant and attaching a -i. The licant showing both front and recent photograph of the app side views. j A statement of the training and experience possessed by the applicant related to the operation and affairs of the business to be licensed. 3. if the applicant is a partnership: a. The names and addresses of all partners and all informa- tion concerning each partner as is required of an individual applicant under paragraph (a)2 of this Section 4. b . The name (s)CY of the managing partner(s), and the interest, of each partner in the business. c. A true copy of the partnership agreement under which the applicant exists shall be submitted with the application. if the partnership is required to file a certificate as to trade name under the provisions of Minnesota Statutes, Chapter 333, a certified copy of such certificate shall also be attached. 4. if the applicant is a corporation or other organization: a. The name of the applicant, and if incorporated, the state of incorporation. -3- b. A true Certificate of Good Standing, dated as of a current dare, and true copies of the Articles of Incorporation or Association Agreement and By -Laws shall be attached to the application. If a foreign corporation, a Certificate of Authority issued pursuant to ,Iinnesota Statutes, Chapter 303, shall also be attached. c. The name of the person(s) who is to manage the business and all information concerning said person(s) as is required of an individual applicant under Para- graph (a)2 of this Section 4. d. The names of all officers, directors and persons who control or own an interest in excess of five percent (5%) in such corporation or organization,and.all information concerning said persons as is required of an individual applicant under paragraph (a)2 of this Section 4. 5. The location of the business premises. 6. Whether the applicant is licensed in other communities, or has been denied a license, to conduct any of the activities required to be licensed hereunder; and if so, when and where the applicant was so licensed or denied a license. 7. The names and addresses of those individuals to be licensed and employed by the applicant and who may work within the City. 8. The names, residences and business addresses of three residents of Hennepin County, not related to the applicant or financially interested in the business to be licensed, who may be referred to by the City for information as to the applicant's character. If the applicant is a partnership, three such names shall be supplied for each partner, and if the applicant is a corporation or other organization, three such names shall be supplied for each officer of the applicant and manager of the business. (a) Individual Licenses. All the information required under subpara- graphs 2, 6 and 8 of ppragraph (a) of this Section 4, together with the name and location of any business licensed or to be licensed under this ordinance by which the applicant will be employed, shall be required of applicants for an individual license. -4- " Sec. 5. Execution Of Application. c�11 applications for--J under this ordinance shall be signed and verified by the oath of the applicant. If the application is that of a natural person, it shall be signed and verified by such person; if by a partnership, by at least two partners; if by a corpora- tion, by an officer thereof; and if by an unincorporated association, by the manager or managing officer thereof. Any falsification of information on any license application shall result in the denial of the license applied for, and shall constitute adequate grounds for the suspension or revocation of -any license issued to the applicant therefor. Sec. 6. License and Investigation_Fees.- (a) License Fees. Each application for a license or renewal license shall be accompanied by payment in full of the required license fee. The fee -for an individual license shall be $25. The fee for a business license shall be $200. upon rejection of any application for a license, the City Clerk shall -refund the amount paid. (b) Investigation Fees. At the time of each original application for a business license, there shall be paid in full an investigation fee of $300.00, no part of which shall be refundable. Sec. 7. Investigation. All applications shall be referred by.the City Clerk to the Police Department and to such other city departments as the City Mana- ger shall deem necessary, for investigation of the character of the applicant and verification of the facts set forth in .the application. within 30 days after the date of the application, the Chief" -of Police or his deputy and any other consultants shall submit a written recommendation to the City Manager as to issuance or nonissu- ance of the license, setting forth the facts_ upon which such recommendation is based. Sec. 8. Approval or Denial of Application. Within 45 days after the date of the application, the City Manager or his deputy shall either approve or deny the application and shall notify the City Clerk .in writing of his decision. If - the application is approved, the City Clerk shall issue the license. If the application is denied, the City Clerk shall furnish written notice of such denial to the applicant, together with the reason or reasons for denial. In addition to the reasons set forth in Section 4 of Ordinance No. 141, a license hereunder may also be denied for any of the following reasons: (a) If an individual applicant is under the age of 18; (b) If the applicant, or any one or more of the principal officers, managers, directors, shareholders or owners, if a corporation or association, or any one or more partners, if a partnership, have been convicted of a felony, or have been convicted of any illegal conduct involving moral turpitude, dis- honesty, fraud, deceit or misrepresentation; (c) If the business to be licensed is not permitted by Ordinance No. 811 upon the premises described in the application; -5- -Irr (d) if the premises described in rile license fail to comply with the requirements of application for a business Section 15 hereof. Sec. 9. Renewal Applications. Not less than 20 nor more than 30 days prior to the expiration of any license issued hereunder, any license holder desiring to renew the same shall submit a written application therefor to the City Clerk on forms provided by the City together with payment in full of the same license fee as required for the original license. Such renewal application shall be forwarded to the City Manager or his deputy who shall, within 10 days after the date of such renewal application, either approve or deny the application and shall notify the City Clerk in writing of his decision. The City Clerk shall thereupon issue the license or, in case of denial, notify the applicant in writing of such denial setting forth the reason:or reasons, therefor. Sec. 10. ApneaZ to Council. Any applicant may appeal from denial of a license or renewal of a license by f iling a written notice of appeal to the City Council in the office of the City Clerk within 30 days after such denial. Such appeal shall be heard by the City Council within 30 days after such notice is filed and opportunity shall be given to any person to be heard in favor of or opposing the issuance or renewal of the license. The City Council may order and conduct such additional investigation as it deems necessarv. Any licensee'is authorized to continue to operate until final action by the City Council upon his renewal application. Sec. 11. License Not Transferrable; Duration. Each license shall be issued to the applicant only and shall not be transferrable to another holder. All licenses issued pursuant to this ordinance shall be effective for one year from the date of issuance. -Sec. 12. Suspension or Revocation of License. The City Council may suspend for any period not exceeding 60 days, or revoke, any license issued pur-. suant to this ordinance upon a finding of violation of any provision of this ordinance or upon violation of any other ordinance, statute or regulation aff ect- ing the activities covered by this ordinance. Any conviction for prostitution or any other crime or violation involving moral turpitude shall result in the revocation of any license issued hereunder. Except in the case of a suspension pending a hearing on revocation, revocation or suspension by the City Council shall be preceeded by written notice to the licensee of a hearing thereon. The notice nay be served upon the licensee personally or by mailing the same to the business or residerice, address set forth in the application or on file with the City Clerk. The notice shall give at least 10 days' notice of the time and place of the hearing and shall state the nature of the charges against the licensee. Sec. 13. Hours of Operation. No business licensed hereunder shall be open for business, nor shall any persons or customers be permitted on the premises, between the hours of 1:00 A.M. and 8:00 A.M. of each day. Sec. 14. Practices Prohibited. No person shall perform a massage for a fee or other consideration at any place other than a physical culture and health service, physical culture and health club, reducing club, reducing salon, sauna parlor or massage parlor duly licensed hereunder. No person shall solicit massage or escort services in any public place within the City. Sec. 15. Construction Requirements. No business license shall be issued for other than an escort service unless the premises_to be used for such operation shall comply with the following requirements: (a) All rooms utilizing steam or hot air as a cleaning, relaxing or reducing agent, and all restrooms, changing rooms and bathrooms used in connec- tion therewith, shall be constructed with materials impervious to moisture, bacteria, mold and fungus growth. Floor to wall and wall to wall joints shall be constructed so as to provide a sanitary cove with a minimum radius of 3/8 inch. (b) All public restrooms shall be provided with mechanical ventilation with 2 cfm per square foot area, a minimum of 15 foot candles of illumination, -a hand washing sink equipped with hot and cold running water under pressure, sanitary towels with dispensers and soap with dispensers. (c) Each such operation shall have a janitor's closet for the storage of cleaning supplies with a mop sink, mechanical ventilation with 2 cfm per square foot area and a minimum of 15 foot candles of illumination. (d) Individual lockers shall be provided for use by customers and shall have separate keys for locking. , Sec. 16. Maintenance; Sanitary Conditisease. (a) All businesses licensed hereunder shall at all times be kept in a clean and sanitary condition. (b) All instruments and mechanical, therapeutic, and bathing devices or parts thereof that come into contact with the human body at all times shall be kept clean and sanitary. (c) No towels and linens furnished for use by one patron shall be furnished for use by another until thoroughly laundered. -7- PPPPPP (d) All masseurs and masseuses shall wash their hands thoroughly before each massage. (e) No person suffering from a communicable disease shall work or be employed in a licensed business. No person suffering from a communicable disease to the knowledge of the owner, custodian, or employees of a licensed business shall be accommodated as a partron therein. Sec. 17. Inspection. Each business required to.be licensed here- under shall at all times be held open for inspection by duly authorized representatives of the City._ Sec. 18. Barber Shops and Beauty Salons Exempted. Barber shops and beauty salons which do not give, or hold themselves out to give, massages, other than is customarily given in such shops and salons for the purpose of facial beautification only shall not be subject to the provisions of this ordinance. Sec. 19. Penalty. Any person violating this ordinance shall be guilty -of a misdemeanor and subject to a fine of not exceeding $300 or imprisonment for a period of not exceeding 90 days, with costs of prosecution in either case to be added. Such penalty may be imposed in addition to revocation or suspension of a license. Sec. 20. Repealer. Ordinance No. 1352 is hereby repealed in its entirety. Sec. 2l: This ordinance shall be in'full force and effect immediately upon its passage and publication. Mayor ATTEST: City Clerk -8- ' i i�r1��ii���.��� r R �� R CA— I -All • l< it � s .. er ,-YZZJ, -A- PPPP'_ DORSEY, MARQUART, WINDHORST, WEST & HALLADAY DO WEST WILLIAM J. HEMPEL 2300 FIRST NATIONAL BANK BUILDING FAITH L OHMAN WILUAM E. MARTIN WALDO F. MAROUART JOHN 5 HIBBS DAVID A RANHEIM WILLIAM H. HIPPEE,JR. JOHN W WINDHORST ROBERT O FLOTTEN ROBERT J. SILVERMAN STEPHEN G. SHANK HENRY HALLADAY JOHN 0. LEVINE M I N N E A P O L 15, M I N N E 5 0 TA 55402 WILLIAM R HIBBS ROBERT A. BURNS JULE M. HANNAFORD ROBERT J. STRUYK JOHN D. KIRBY TON IA BE TZ ARTHUR 8. WHITNEY MICHAEL A. OLSON PHILIP F. BOELTER MICHEL A. LAFOND RUS5ELL W. LINDOUIST LARRY W. JOHNSON (612) 340— 2600 WILLIAM B. PAYNE BRADFORD L FERGUSON DAVID R. BRINK THOMAS 5. HAY CABLE: DORO W JAN STUURMANS ROGER J. MAGNUSON HORACE HITCH VIRGIL H. HILL G. LARRY GRIFFITH CRAIG A BECK TELEX: 29 —0605 R.A. SC HWARTZSAUER STEVEN K. CHAMPLIN J. ROBERT HIBBS JAY COOK ROBERTV TARBOK DAYI0 LMcCUSKEY TELEC0PIER'(612) 340-2868 DAVID N. FRONEK STANLEY REIN ROBERT J. JOHNSON THOMAS 0 MOE THOMAS W TINKHAM CHARLES L. POTUZNIK M. B. HASSELOUIST JAMES H OHAGAN JON F. TUTTLE VERLANE L ENDORF PETER DORSEY JOHN M MASON 1468 W—FIRST NATIONAL BANK BUILDING ROBERTA HEIBERG DENNIS BURATTI GEORGE P FLANNERY MICHAEL W WRIGHT $T. PAU L, MINN ESOTA SSIOI EMERY W. BARTLE GEORGEANN BECKER CURTIS L ROY ARTHUR E. WEISBERG LARRY L VICKREY LOREN R KNOTT (612) 227-8017 MICHAEL J RAOMER PAUL SCHEERER ROBERT HOBBINS BARRY D. GLAZER DUANE F JOSEPH PHILLIP H. MARTIN — CURTIS L STIME PETER HENDRIASON JAMES B.VESSEY REESE C. JOHNSON MICHAEL TRUCANO NICKY HAY WILLIAM A WHITLOCK CHARLES J. HAUENSTEIN JONATHAN VILLAGE CENTER WILLIAM J. KEPPEL IRVING WEISER E. J. SCHWARTZSAUER CHARLES A. GEER CHASKA, MINNESOTA 55318 JAMES A FLADER STEPHEN GOTTSCHALK THOMAS M. BROWN JOMN C. ZWAKMAN (612) 448 — 40 12 WILLIAM A JOHNSTONE THOMAS ELKINS CORNELIUS D. MA HONEY JOHN R. WICKS WILLIAM E. BRWEN THOMAS S. ERICKSON EUGENE L. JOHNSON WILLIAM P LUTHER WILLIAM C. BABCOCK JOHN W WINDHORST.JR. DOUGLAS D MCFARLAND OF COUNSEL MICHAELE BRESS MICHAEL PRICHARD I15 THIRD STREET SOUTHWEST DAVID LBOEHNEN DAVID E. BRONSON RAYMOND A ROSTER WILLIAM R.50TH ROCHESTER, MINNESOTA 55901 ALAN D. GILLILAND LEAVITTR BARKER J 0HN J. TAYLOR THOMAS R. MANTHEY ( 507) 2 B 8 — 3156 LAWRENCE R. OLIVER GEORGE E. ANDERSON BERNARD G. HEINZEN RICHARD G. SWANSON FRANK H. VOIGT ROBERT L. VANFOSSEN June 26, 1975 The Honorable Members of the City Council Mr. Warren C. Hyde, City Manager City of Edina 4801 West 50th Street Edina, Minnesota 55424 Re: Prohibition of Massage Parlors and Escort Services Dear Council Members and Mr. Hyde: The Council has asked for our opinion as to whether the city, by ordinance, may validly prohibit the establishment and operation of massage parlors and escort services within the City of Edina. The general rule is well settled by a great many cases dealing with almost every type of enterprise, trade, occupation and profession, that municipalities, by virtue of their police powers, have the right to regulate any and all kinds of businesses in order to protect the public health, morals and welfare, subject to the restrictions of reasonableness. 16 Am. Jur.2d, Constitutional Law, §313; Power v. Nordstrom, 150 Minn. 228, 184 N.W. 967 (1921). Furthermore, it is also well settled that whenever it is necessary for the preservation of the public health or morals, or for the promotion of the general welfare of the community, a municipality may pro- hibit absolutely the carrying on of any particular business, calling, trade or enterprise. Great Atlantic & Pacific Tea Co. v. Grosjean, 301 U.S. 412, 81 L. Ed. 1193, 57 S. Ct. 772 (1936). Based on these general legal principles, the answer to your question depends upon whether it is necessary to totally prohibit massage parlors and escort services within the City of Edina in order to protect public morals and preserve the general welfare of the community from the illegal activities that have often surrounded these types of businesses.. The United States District Court for the Northern District of Texas was confronted with this question in DORSEY, MARQUART, WINDHORST, WEST & HALLADAY The Honorable Members of the City Council Mr. Warren C. Hyde, City Manager Page 2 June 26, 1975 the context of an ordinance prohibiting any person from performing massages on persons of the opposite sex in Corey v. City of Dallas, 352 F. Supp. 977 (1972). That court first noted that the United States Supreme Court had held that the right to pursue a legitimate business or occupation was a fundamental right conferred by the United States Constitution. New State Ice Co. v. Liebmann, 285 U.S. 262, 52 S. Ct. 371, 76 L. Ed. 747 (1932). The court in Corey then went on to point out that since the Dallas ordinance affected the fundamental right to work, the city was forced to show a compelling governmen- tal interest in enforcing the ordinance in order for it not to violate the Fourteenth Amendment to the United States Constitution. The court concluded that such an interest was lacking due to the fact that there were alternative, less onerous methods available to the City of Dallas to achieve the true objective of the ordinance, i.e., to prohibit illegal sexual conduct under the guise of administering massages. The alternatives mentioned by the court were the enforcement of state criminal statutes and city ordinances which prohibit lewd and immoral conduct, and the regulation of massage parlors through reasonable licensing and regulating ordinances. Although the decision of the district court in Corey was reversed on appeal based on .a jurisdictional issue in the case, we find the reasoning of the court concerning the constitutional issue to be compelling. We are, therefore, of the opinion that while the City of Edina may by ordinance license and otherwise reasonably regulate the establishment and operation of massage parlors and escort services, it may not constitutionally prohibit them entirely within the city. We have, therefore, prepared, and there is enclosed herewith, a proposed ordinance regulating sauna and massage parlors and escort services. This ordinance will supersede existing Ordinance No. 1352. Very truly yours, Tho as S. "Erickson TSE:pr rt 4801 'ti,E S TS0TH STREET, ED NA. MINNES07 + 5542a 612-927-8861 September 22, 1978 Mr. Tom Erickson Attorney at Law 2300 1st National Bank Building Minneapolis, MN 55402 Dear Tom: Regarding our telephone conversation yesterday, I am enclosing a copy of an ordinance currently in effect in St. Louis Park concerning Participating in a Disorderly House. I have discussed this matter with the City Manager, Mr. Ken Rosland and Chief Craig Swanson. We would like to include a similar ordinance with the proposed Prostitution Ordinance you are drafting. We would also like to adopt your proposed Ordinance No. 1353 relating to Regulating and Licensing Persons Who Perform Massages and repeal Ordinance No. 1352. I am also enclosing a copy of an ordinance from Falls Church, Virginia, relating to Massage Salons, Health Clubs, etc., that you requested. Sincerely, Qteon'ard 1 en, Lieutenant Investigative Services Division Edina Police Department Enclosures cc: ✓Mr. Ken Rosland Chief Swanson M E M O R A N D U M TO: Ralph B. Campbell, III Lowell Holman Francis Hoffman Harold Sand Arlin Waelti FROM: Ken Rosland RE: City Policies Regarding Street Easements and the Clear - view Ordinance DATE: 6 April 1978 A meeting will be held on Tuesday, 11 April 1978, at 10:00 am in the Conference Room to discuss City policies regarding street easements and the ordinances pertaining to these ease- ments including the Clearview Ordinance. As you know, the City has recently had some problems in this area, some of which can be traced to ambiguities in the laws and policies that pertain. Please bring along any information, files, etc., that will be helpful in our meeting. Thanks, M E M O R A N D U M TO: Bob Bahneman Ralph B. Campbell, III Fran Hoffman Lowell Holman Harold Sand Arlin Waelti FROM: Ken Rosland 24 April 1978 You are invited to attend another meeting at 9:00 am, Thursday, 27 April 1978, in the conference room. This meeting shall be devoted to forming a policy regarding easements, street and otherwise. Again, Please bring along anything you feel will be pertinent to the dis- cussion. Thank you. u L ._!._-A���IVi� J' 4501 NEST 50TH STREET. EDINA. MINNESOTA 55424 612-927-8861 "February 10, 1978 Jack Carter's'Edina Barber Shop 5030 Prance Avenue :.diva, ..irncsotu 55424 Dear Barber .and Stylist: it .-•as beers brougr t to the attr�nl:ion of the Edina Pla:_ning Departnent that cne of your si.gnage and advert si^.g devices is not in conrormance ::its: City of Edina Ordinance No. 451. This ordinance regulates e::terior signage and advertising. Ac_crding to Ordinance No. 111; Section (3); Subsection (h), 'rban: ers, pennants, and whirling devices or any sign resembling the sane are prc,i'L;itod from use within the City"... The barber pole at your hairr;uttin€ and styl_..ng silcp does not conform to tbiG portion of the ordinance regulating Tnoving signs. Realizing that the barber pole is a tine -honored tradition associated with _he haircutting industry, I am not asking that you remove this adv�-.rti ir. device, tuz: instea3 that you remove or disconnect the r„eo;111a_:l;sr: that all-)ws the stripea to whirl. The lighted pole with stationary stripes will titan conform to 7c na Ordinance No. 451 without adversely effeccino the perception cf your clientele and vc:r business in general. I would be happy to discuss this .utter with you should you have any questions. I can be reached at 927-8861. . Sincerely, Gary Winter Planning Department 4331 VEST SCTH STREET, EDINA, MINNESOTA 55424 612-927-8861 March 6, 1978 Jack Carter's Edina Barber Shop Biltmore Barbers Country Club Barbers Valley View Barber Shop Barbers Den Cahill Barbers Westgate Barber Shop Gentlemen: The City Council at their February 27th meeting generally agreed that the moving barber pole would be allowed. However, the ordinance must be changed and the Council voted to have a draft made that would allow moving barber poles. I think that at the present time, it will be a matter of process, so until that time, I feel strongly that you may turn your barber poles back on and, hopefully, the issue will not come up again. There is no question that the way the ordinance reads at the present time, barber poles do not conform. Therefore, we definitely must make the change for the City's protection as well as yourselves. Thank you for your understanding and cooperation. Sincerely yours, l ,9 lKe neth E. Losland City Manager KER:md ORDINANCE NO. 803 AN ORDINANCE ESTABLISHING A COMMUNITY DEVELOPMENT AND PLAN- NING COMMISSION, PROVIDING FOR THE APPOINTMENTS OF ITS MEMBERS, DEFINING ITS POWERS AND DUTIES, AND REPEALING ORDINANCE 105 AND ORDINANCE NO. 801 EXCEPT SECTION 8 THEREOF THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Community Development and Planning Commission. The Com- munity Development and Planning Commission of the City of Edina is hereby established. It shall serve as the planning agency within the meaning of Minnesota Statutes, Section 462.351 through 462.364. In such capacity, the Community Development and Planning Commission shall be advisory to the City Council. Section 2. Membership. The Commission shall consist of eleven resi- dents of the City appointed by the Major with the consent of a majority of the members of the City Council, and shall be appointed with due regard to their fitness for the efficient dispatch of the functions, duties, and responsibilities vested in and imposed upon the Commission. Members of the commission shall be appointed in January of each year for terms of three years commencing on the February 1 following their appointments, except for the first Commission appointed, which shall have three members with one-year terms and three members with two- year terms. A Commission member, following expiration of his or her term, may be reappointed to the Commission by the Mayor with the consent of a majority of the members of the City Council. However, no Commission member shall be reappointed to the Commission if he or she has served on the Community Development and Planning Commission for a cumulative period of twelve or more years (whether or not con- secutive). Members of the Commission may resign voluntarily or be removed from office by majority vote of the Council. Commission members who discontinue legal residence in the city shall automatically be removed from office. Members of the Commission shall serve without compensation. Ordinance No. 803 Page 2 Section 3. Organization. The Commission shall elect a Chairman and Vice Chairman from among its members for a term of one year. The Commission shall adopt bylaws as shall be necessary or desirable for the conduct of its business. The Commission shall hold at least twelve regular meetings every year.. The Commission may establish as deemed necessary permanent or temporary committees for the purpose of advising the Commission. Such advisory committees shall be either comprised wholly of Commission members or comprised of at least one Commission member together with an appropriate number of other individuals. Committee members shall be appointed by the Chairman with the consent of a majority of the Commission and shall be selected on the basis of their expertise and interest in the subject work of the committee. Section 4. Staff. Staff services, including secretarial services, shall be furnished and coordinated by the Planning Department of the City. Additional advisory ctaff may be assigned to the Commission by the City Manager. Staff shall keep and maintain a written record of the Commission's actions, resolutions, recommendations, and findings, which record shall be a public record. Section 5. Powers, Duties, and Responsibilities. The Commission shall: (a) Prepare, review, and make recommendations to the Council as to the comprehensive municipal plan, or any sections thereof, including, but not limited to, a land use plan, a transportation plan, a communities facilities plan, a capital improvements program, a parks and open space plan, and a housing plan, and recom- mendations as to plan execution. (b) Review and make recommendations to the Council as to all proposed plats of previously unsubdivided land and replats of platted land, in accordance with the platting regulations set forth in the Platting Ordinance (No. 801). Ordinance No. 803 Page 3 (c) Review and make recommendations to Council as to all proposed amendments to the Zoning Ordinance (No. 811). (d) Review and made recommendations to the Council as to the report e and recommendations of the Heritage Preservation Board regarding preservation of lands and buildings of historical, architectural, cultural, and educational significance (Ordinance No. 802). (e) Review and made recommendations to the Council as to all requests for special permits as.set forth in the Flood Plain Management Ordinance (No. 815). (f) Review and make recommendations to the Director of Planning as to all applications for erosion and sedimentation control plans as set forth in the Soil and Sediment Control Ordinance (No. 817). (g) Review and make recommendations to the Council as to matters re- 'lating to the provision of low and moderate cost housing and which are referred to it by the Council. (h) Develop and make recommendations to the Council for the purpose of fostering the maintenance and improvement of the City's environment, including, but not limited to, such matters as the mitigation of air, water, and noise pollution, and the enhancement and preservation of wildlife and natural areas within the City. (i) Conduct, and report to the Council on, such studies relating to the environmental quality in the City as the Council may request. (j) Make such reviews and recommendations to the Council on matters relating to major commercial, industrial, or residential redevelopments in the City as the Council may request. Section 6. Repealer. Ordinance No. 105 (Environmental Quality Com- mission) is hereby repealed in its entirety and Ordinance No. 802 (Planning Com- ordinance No. 803 Page 4 mission) except Section 8 is hereby repealed, both effective on September 1 19 77 Section 7. This ordinance shall be in full force and effect upon its passage and publication. MEMORANDUM TO: EQC - PC Consolidation Ad Hoc Committee FROM: Gordon Hughes RE: Draft Community Development Ordinance Enclosed is a draft ordinance establishing a Community Development Commission. I have incorporated into the ordinance those points discussed at the April 19, 1977, meeting, as well as Council directed items which included membership, terms, and duties. Please review the ordinance and add or delete items as you wish. Hopefully, we can meet this week or early next week for further re- view. GH:nr 4-25-77 cc: Warren C. Hyde( James Van Valkenburg (DRAFT) ORDINANCE NO. AN ORDINANCE ESTABLISHING A COMMUNITY DEVELOPMENT COMMISSION, PROVIDING FOR THE APPOINTMENTS OF ITS MEMBERS, AND DEFINE ITS POWERS AND DUTIES THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS; Section 1. Community Development Commission, The Community Development Commission of the City of Edina heretofore created shall serve as a planning agency within the meaning of Minnesota Statutes, Sections 462.351 through 462.362. For such capacity, the Community Development Commission shall be advisory to the City Council. Section 2. Membership. The Commission shall consist of nine residents of the city appointed by the Mayor with the consent of a majority of the members of the City Council and shall be appointed with due regard to their fitness for the efficient dispatch of the functions, duties, and responsibilities vested in and imposed upon the Commission, Members of the Commission shall be appointed for terms of three years except for the first Commission appointed, which shall have three members with one year terms and three members with two year terms. A Commission member, following expiration of his term, may be re —appointed to the'Commission by the Mayor with the consent of a majority of the members of the City Council. However, no Commission member shall be re -appointed to the Commission if he has served on the Commission for a cumulative period of twelve or more years. Members of the Commission may resign voluntarily or be removed from office by majority vote of the Council. Every me.;JDer, before taking office, shall take an oath that he will faithfully discharge the duties of his office. Section'3. Organization. The Commission shall elect a chairman and Vice Chairman from among its members for a term of one year. The Commission shall adopt by-laws as shall be necessary or desirable for the conduct of its business. The Commission shall hold at least one regular meeting every month. The Commission may establish as deemed necessary permanent or temporary committees for the purpose of advising the Commission. Such advisory committees shall be either comprised wholly of Commission members or comprised of at least one Commission member together with an appropriate number of residents of the city. Com.;,ittee members shall be appointed by the Chair man with the consent of a majority of the Commission and shall be selected on the basis of their expertise and interest in the subject work of the committee. Section 5. Powers, Duties, and Responsibilities. a) Review and make recommendations to the Council as to the comprehensive municipal plan including the land use plain, a transportation plan, a public facili- ties plan, a capital improvements program, a parks and open space plan, and a housing plan; and recommendations as to plan implementation. b) Consider and make recommendations to the Council as to all proposed plats of previously unsubdivided land and replats of platted land, in accordance with the platting regulations set forth in the Platting Ordinance (No. 801). c) Review and make recommendations to Council as to all proposed amendments to the Zoning Ordinance (No. 811). d) Review and make recommendations to the Council as to the report and recommendations of the Heritage Preservation Board regarding preservation of lands and buildings of historical, architectural, cultural, and educational significance, (Ordinance No. 802). e) Review and make recommendations to the Council as to all requests for special permits as set forth in the Flood Plain Management Ordinance (No. 815). f) Review and make recommendations to the Director of Planning as to all applications for erosion and sedimentation control plans as set forth in the Soil and Sediment Control Ordinance (No. 817). g) Review and make recommendations to the City Council as to matters re- lating to the provision of low and moderate cost housing. h) Develop and recommend policies to the Council for the purpose of fost- ering the maintenance and improvement of the City's environment. i) Conduct and report to the Council studies relating to environmental quality in the city as the Council may request. MEMORANDUM September 19, 1977 To: Hank Wrobleski, Captain From: Warren C. Hyde The article in the Wednesday, September 14, Sun, concerning the opening of the needlepoint studio in your home at 5124 Grove Street, gives rise to some questions. I also noted a display ad on page 5. I am certain that questions are going to be raised as to whether you are violating the home occupation provision of the Zoning Ordinance. In order that we may answer any questions that are brought up, please give me a complete statement as to how you are going to operate. Your attention is called, particularly, to Sec. 3, Subsection 2. (b) (9) of Ordinance 811. It is my understanding that enterprises in the R-1 District cannot attract additional traffic nor have a stock in trade of items not normally used in the home. WCH/md cc: Gordon Hughes DORSEY, WINDHORST, HANNAFORD, WHITNEY & HAL.LADAY JOHN W WINCHORST ROBERT J. STRUYK IIF.NPI hALLA.'AY MICHAEL A OL5DN JULE HANNA"_PD LARRY W JOHNSON " A PTHUR S AIMEY THOMAS S HAY RUSSELL W L.•.�CUIST G. LARRY GRIFFITH DAV'r0 P BP N+ CRAIG A BECK HORf'_E E DAVID L McCUSKEY VIPG'_ H THOMAS 0 MOE ROBE FIT V4TA=B.:Y JAMES W OHAGAN ROBERT J .1., 5CN JOHN M MASON MAYNA PD B ..LIST MICHAEL W WRIG HT PETER i;OP5-• LARRY L VICKREY GECRGE P FLAV, LOREN R "OTT CURTIS L RC'• PHILLIP H MARTIN AP'H'JR E WE.S BERG REESE C. JOHNS04 DUANE E. JO5E� CHARLES J. HAUENSTEIN JAMES B VESSE• CHARLES A. DEER WILLIAM A'W'�"_:CK JOHN C ZWAKMAN EDWARD J. 5C- A�"ZBAUER JOHN R WICKS THOM AS M BI OC.1 EUGENE L JOHNSON CORNELIUS D M HON r Y, JR JOHN W WINDHORST. JR WILLIAM C B MICHAEL PRICHARD THOMAS S EPJCK SG N WILLIAM R. SOTH MICHAEL E B:PESS RI CHARD G SWANSON RAYMOND A FE15TER FAITH LOHMAN JOHN J.-iAYLCR DAVID A. RANHEIM BERNARD G HEINZEN ROBERT J. SILVERMAN WILLIAM J HE -EL THOMAS R MANTHEY JOHN S HI B55 WILLIAM R. HIBBS ROBEBY O. FLCTTEN PHILIP F. BOELTER JON% D. LEVINE WILLIAM B. PAYNE 2300 FIRST NATIO N(NL BANK BUILDING MINNEAPOLIS,MINNESOTA 55402 (612) 340-2600 CABLE: DOROW TELEX: 29-0605 TELECOPIER:1612) 340-2868 146E W—FIRST NATIONAL BANK BUILDING ST. PAUL,MINNESOTA 55101 (612) 227-8017 115 THIRD STREET SOUTHWEST ROCHESTER, MINNESOTA 55901 (507) 288-3156 Mr. Robert C. Dunn Edina City Engineer 4801 West 50th Street Edina, Minnesota 55424 Dear Bob: February 17, 1977 Re: Ordinance No. 1111-A ROBERT A HEIBERG ROBERT L HOBBINS JOHN 0 KIRBY BARRY D. GLAZER ROBERT A SCHWARTZBAUER PETER 5 HENDRIKSON DAVID N. FRONEK NICK R. HAY THOMAS W. TINKMAN IRVING WEISER JON F. TUTTLE STEPHEN E. GOTTSCHALK EMERY W BARTLE THOMAS W ELKINS WILLIAM A. JOHNSTONE KENNETH L CUTLER STEVEN K CHAMPLIN DAVID M. OUINLAN MICHAEL J RAUMER JAMES R. PIELE METER MI CHAEL TRUCANO GART M. JOHNSON JOHN P VITKO THOMAS W FINN DON D CARLSON JAY L SENNETT PAUL J. SCHEERER ROBERT G SAYER DAN F. NICOL SUZANNE S. VAN DYK KENNETH A. IVERSON STUART R. HEMPHILL JAMES A. FLADER J. DAVID JACKSON DAVID L. BOEHNEN W. CHARLES LANTZ WILLIAM E. MARTIN DOUGLAS E. RAY FRANK H. VOIGT STEVEN F. WOLGAMOT WILLIAM H HIPPEE,JR. J. MAROUIS EASTWOOD ROBERT A. BURNS EDWARD J. PLUIMER MICHEL A LAFOND KENNETH W ERICKSON ROGER J. MAGNUSON OWEN C. MARK J ROBERT HIBBS JAMES E. BOWLUS JAY F. COOK STANLEY M REIN OF COUNSEL CHARLES L POTUZNIK DONALD WEST VERLANE L. ENDORF WALDO F. MAROUART DENNIS P. SURATTI GEORGE E. ANDERSON GEORGEANN BECKER ROBERT L VANFOSSEN I enclose a copy of proposed Ordinance 1111-A , amend- ing the present ordinance to change the water rates and charges of the Morningside area, and the Beard Avenue and Abbott Place area. The two areas will be charged a flat rate per 100 cubic feet without a "net" reduction and without a volume reduction. This ordinance is because of the rate increases imposed by Minneapolis. The rate increase is made effective retroactively to January 1, 1977, again, because that is the effective date of the rate increase by Minneapolis. Generally, retroactive ordinances and statutes are not favored, but in the absence of a constitutional prohibition, there is no rule against retro- active ordinances unless they interfere with contract or vested rights. There is no Minnesota constitutional prohibition against retroactive ordinances, and in this instance there would appear to be no interference with contract or vested rights. Also, in reviewing the ordinance, I see that there never has been a provision for the water rates charged to the Morningside consumers. Jerry and Florence have advised me that the City has used the rates established by the Morningside ordinances since the annexation in 1966. The use of the Morning - side rates existing as of the time of annexation, without revision of the Edina ordinance to incorporate those rates, does present a possible legal problem. Normally, ordinances of the annexing community would apply to the annexed community. The Edina ordinance refers generally to rates charged to all users within DORSEY, WINDHORST, HANNAFORD, WHITNEY & HALLADAY Mr. Robert C. Dunn Page 2 February 17, 1977 the city. Therefore, at least by the applicable Edina ordinance, the Morningside residents have been paying more than the ordi- nance requires. Though I have not researched the question, it is possible that the Morningside residents could raise the issue and recover the excess charges. Also, again though I have not researched the question, it may be possible to now amend our ordinance to reflect (retroactively to 1966) the increased rate to the Morningside residents. However, this may be more a legal than a practical problem, and Jerry Dalen has recommended that we do nothing about the Morningside rates other than to show the new rates effective January 1, 1977, as set out in the en- closed proposed ordinance. If you wish me to research the potential liability of the City or the method of attempting to correct the problem by the use of a retroactive ordinance, please advise. TSE/abc Enclosure cc: Mr. J. N. Dalen Ms. Florence B. Hallberg �� Mr. Warren C. Hyde Very truly yours, R � ITho�as Erickson [ENTIRE PARAGRAPH NEW] [ENTIRE PARAGRAPH NEW] [ENTIRE PARAGRAPH NEW] ORDINANCE NO. 1111-A AN ORDINANCE AMENDING ORDINANCE NO. 1111 TO CHANGE THE WATER RATES AND CHARGES FOR THE MORNINGSIDE AREA AND THE BEARD AVENUE, ABBOTT PLACE AREA THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Paragraph (a) of Sec. 3 of Ordinance No. 1111 is hereby amended to read as follows: "(a) Water consumed will be charged on the basis of meter readings at the following rates per-180-eub4:e-€eet: "(1) For all consumers within the City_of_Edina._except_the areas_decrri_}?sd-at_�2Z_aid_S3Zeiow,_the_rate_Per_199_cuhic_ eet_�ha3i be: First 3,000 cu. ft. Next 3,500 cu. ft. Excess over 6,500 cu. ft. Gross Net 22� 20� 2U 194 204 18� "(2) For all consumers within the area formerly known as the Village of Morningside, the rate shall be 55� per 100 cubic feet effective as of January 1, 1977, and 60� per 100 cubic feet effective as of January 1, 1978. "(3) For all consumers in the area described as the East side of Beard Avenue from 54th Street to Fuller Street and both sides of Abbott Place from 54th Street to Beard Avenue, the rate shall be 554 per 100 cubic feet effective as of January 1, 1977, and 604 per 100 cubic feet effective as of January 1, 1978. "(4) The areas described at (2) and (3) above are served with water purchased by the City of Edina from the City of Minneapolis, and the Council has duly considered all pertinent facts and finds that the higher rates for those two areas are fair and reasonable. "(5) The gross rates set_ out_at_(lj_above shall apply unless the bill is paid within the discount period, in which case the net rates shall apply." rater-eenstxed-}a-the-dlstrlet-deserlbed-as-tie-Bast-side-©€-Beard Avenue-€rapt-$4tt-Street-at3d-bath-sides-e€-Abbott-Plaee-€rot�-5�rti-€Meet-te Beard-Avenue-wi11-be-eharged-at-tire-rate-e€-30 -per-l08-eabie-€eat-grass;-ems 224-per-100-ettb}e-€eat-}€-pelt -salt tln-t ie-dlseat3nt-perled---Tate-a€eretieatlened B eep ed-dish'let-ls-ser�ted-to€tit-us er-prtrehesec�-by-the-Village-€rest-the-64ty of sets -and €Inds-t�tat-tine-�tlgt�er-rate-le-€e}r-end-reeseneble- Sec. 2. This ordinance shall be in full force and effect upon its passage and publication. (N.B. Deletions are lined out [----- ]; additions are underlined or noted as entirely new paragraphs.) DORSEY, WINDHORST, HANNAFORD, WHITNEY a HALLADAY JOHN W WINDHORST ROBERT J STRUYK HENRY HALLADAY MICHAEL A. OLSON JULE HANNAF0RD LARRY W JOHNSON ARTHL'R B WH ITNEY THOMAS S. HAY RUSSELL W LINDOUIST G. LARRY GRIFFITH DAVID P BRINK CRAIG A BECK HO.RACE E MITCH DAVID L MCCUSKEY VIRGIL H HILL THOMAS O. MOE ROBERT V TARBOX JAMES H. 0HAGAN ROBEPIT J. JOHNSON JOHN M.MASON MAI"`:D B HASSELOUIST MICHAEL W WRIGHT PETER OCRSEY LARRY L. VICKREY GEORGE P FLANNERY LOREN R. KNOTT CURTIS L ROY PHILLIP H. MARTIN ARTHUR E WEISBERG REESE C. JOHNSON DUANE JOSEPH CHARLES J. HAUENSTEIN JAMES B. VESSEY CHARLES A. GEER WILLIA4 A'WHITLOCK JOHN C. ZWAKMAN EDWARO J. SCHWARTZBAUER JOHN R. WICKS THOMAS M. BROWN EUGENE L. JOHNSON CORNEOUMS D. MAHONEY. JR. JOHN W. WINDHORST. JR. WILLU4 C. 3A 3COCK MICHAEL PRICHARD THCHAS 5 ERICKSON WILLIAM R. SOTH MICHAEL E. ERE 55 RICHARD G. SWANSON RAYMO.ND A. PEISTER FAITH L OHMAN JOHN J TAYLOR DAVID A RANHEIM B ERNAPO G HEINZEN ROBERT J. SILVERMAN WILLIAM J. HEMPEL THOMAS R. MANTHEY JOHN S. HIB35 WILLIAM R. HIBBS ROBERT O. FLOTTEN PHILIP F. WELTER JOHN D. LEVINE WILLIAM B. PAYNE 2300 FIRST NATIONAL BANK BUILDING M I N N E A P O L I S, M I N N E S O TA 55402 Mr. Greg J. Luce Edina City Planner (612) 340-2600 CABLE: DOROW TELEX: 29-0605 TELECOPIER:(612) 340-2868 1468 W-FIRST NATIONAL BANK BUILDING ST. PAUL. MINNESOTA 66101 (612) 227-8017 4001 West 50tr. Street Edina, Minnesota 55424 Dear Greg: I15 THIRD STREET SOUTHWEST ROCHESTER, MINNESOTA 55901 (507) 288-3156 January 12, 1977 ROBERT A HEIBERG ROBERT L. HOBBINS JOHN D. KIRBY BARRY D.GLAZER ROBERT A SCHWARTZBAUER PETER S. HENDRIXSON DAVID N.FRONEK NICK R.HAY THOMAS W TINKHAM IRVING WEISER JON F. TUTTLE STEPHEN E. GOTTSCHALK EMERY W BARTLE THOMAS W ELKINS WILLIAM A JOHNSTONE KENNETH L CUTLER STEVEN K CHAMPLIN DAVID N. OUINLAN MICHAEL J. RADMER JAMES R. PIELEMEIER MICHAEL TRUCANO GARY M. JOHNSON JOHN P VITKO THOMAS W FINN DON D. CARLSON JAY L BENNETT PAUL J SCHEERER ROBERT G. BAYER DAN F. NICOL SUZANNE B. VAN DYK KENNETH A. IVERSON STUART R. HEMPHILL JAMES A FLAOER J. DAVID JACKSON DAVID L. BOEHNEN W. CHARLES LANTZ WILLIAM E. MARTIN DOUGLAS E RAY FRANK H. VOIGT STEVEN F. WOLGAMOT WILLIAM H. HIPPEE.JR. J. MARQUIS EASTWOOD ROBERTA. BURNS EDWARD J. PLUIMER MICHEL A LAFOND KENNETH W. ERICKSON ROGER J. MAGNUSON OWEN C. MARX J. ROBERT HIBBS JAMES E. BOWLUS JAY F. COOK STANLEY M. REIN OF COUNSEL CHARLES L. POTUZNIK DONALD WEST VERLANE L ENDORF WALDO F. MAROUART DENNIS P. BURATTI GEORGE E. ANDERSON GEORGEANN BECKER ROBERT L VANFOSSEN Re: Senior Citizen Residence District Ordinance I enclose copies of the following: 1. Proposed ordinance for the Senior Citizen Residence District. 2. Opinion letter relative to the validity of such ordinances. 3. Memorandum relating to the ordinance. I understand this matter will be on the agenda for the Council meeting of January 17. You have already reviewed the ordinance. Please review the enclosed memorandum to the Council and advise me if you have anv questions or concerns relating to it. I am also sending a copy -of this letter, with a copy of each document, to Florence so she can make sufficient copies for the packets for the Council members, if the documents are in final form. If there are any changes, I can make them and deliver revised copies to Florence for the Council members. As requested by the Council, will you please forward copies of the proposed ordinance to interested persons, including those in the Lanterns Apartments. Very truly yours, abc TSE/ ThoDS. Erickson Enclosures cc: Ms. Florence B. Hallberg ---N Mr. Warren C. Hyde ORDINANCE NO. 811-A AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) TO ESTABLISH THE SENIOR CITIZEN RESIDENCE DISTRICT AND STANDARDS AND RESTRICTIONS FOR THE DISTRICT, AND ADDING DEFINITIONS THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Ordinance No. 811 is hereby amended by renumbering Section 12 (Defi- nitions) and Section 13 (Administration) to Section 13 and Section 14, respectively. Sec. 2. Section 2 of Ordinance No. 811 is hereby amended by adding a new district to the list of districts therein contained, as follows: "Senior Citizen Residence District (Section 12)." Sec. 3. Ordinance No. 811 is hereby amended by adding a new Section 12, as follows: "Sec. 12. Senior Citizen Residence District "1. Purpose and Intent. The City Council of the City of Edina finds that there is a need in the City of Edina for affordable housing for elderly citizens, and that the increasing population of elderly residents should have available to them pleasant, safe, and economical housing in the City of Edina designed to satisfy the special social and physical needs of this segment of the population. Therefore, the Senior Citizen Residence District is hereby established to accommodate these needs and to promote the general health, safety, and welfare of the residents of the City. "The standards contained herein are intended to permit residences that have a mass and intensity of activity that is similar to multiple family residences with the same numerical identification defined in Section 4 of Ordinance No. 811. "When considering petitions for the transfer of land to the Senior Citizens Residence District, the Edina Planning Commission and Council shall consider the then most recent Housing Assistance Plan approved by the Council, and only those properties that are designated by or shown on such plan as possible locations for senior citizen residences shall be considered for transfer to, or transferred to, the Senior Citizen Residence District. "It is not the purpose and intent of the Senior Citizen Residence District to allow, and there shall not be allowed in the Senior Citizen Residence District, con- valescent, nursing, rest, boarding care, or similar types of residences, homes, or facilities. "2. Senior Citizen Residence District hereby established shall be further as District SR-3, District SR-4, and District amendments hereafter made to this paragraph. District Boundaries. The subdivided into SR-5, and shall Senior Citizen Residence subdistricts designated be located as shown by "3. General Standards. The restrictions and requirements set out in Section 4 (Multiple Residence District) of Ordinance No. 811, in paragraph 3 (Restrictions on Lot Area, Building Bull: and Setbacks), paragraph 4 (Building Design and Construction), paragraph 5 (Distance Between Buildings), paragraph 6 (Accessory Buildings), and paragraph 7 (Parking), relative to the R-3, R-4, and R-5 Districts, shall apply to Ordinance No. 811-A Page 2 the SR-3, SR-4, and SR-5 Districts, respectively, except as specifically modified by this Section 12, and in every case the most restrictive applicable standard set out in said paragraphs shall govern unless specifically modified by the provisions of this Section 12, in which case the provisions of this Section 12 shall govern. 114. Specific Uses Permitted in Districts. The following uses are permitted when a building permit and occupancy certificate have been approved by the Planning Director and issued by the Building Inspector, and no person shall erect, alter, enlarge, move, demolish, use, occupy, or maintain any building, structure, improvement, or premises without first having obtained such permits: "(a) Principal Uses. "District SR-3: "(1) Senior citizen residences containing not less than three nor more than 12 dwelling units, all but one of which shall be senior citizen dwelling units and occupied by a single individual 62 years of age or over, or two individuals one of whom is 62 years of age or over, and the other dwelling unit shall be designed for and used by the caretaker or resident manager of the senior citizen residence. "Districts SR-4 and SR-5: 11(1) Senior citizen residences containing five or more dwelling units, all but one of which shall be senior citizen dwelling units and occupied by a single individual 62 years of age or over, or two individuals one of whom is 62 years of age or over, and the other dwelling unit shall be designed for and used by the caretaker or resident manager of the senior citizen residence. "(b) Accessory Uses. In addition to those subordinate uses that are clearly and customarily incident to the principal uses, such as driveways, park- ing areas, and garages, the community facilities required by paragraph b of this section will be permitted on the lot occupied by the principal use. "5. Restrictions on Lot Area, Building Bulk, and Setbacks. "(a) Required Lot Area. The minimum lot areas, the maximum allowances, and schedule of allowances set out in paragraph 3 of Section 4 of Ordinance No. 811, used in the calculation of required lot area, will be applicable to Districts SR-3, SR-4, and SR-5, respectively, and, in addition, the following allowances are hereby added to the schedule of allowances: "District "SR-3 "SR-4 and SR-5 Basis and Amount of Allowance For each senior citizen dwelling unit; subtract 1500 sq. ft. For each senior citizen dwelling unit; subtract 1000 sq. ft. "(b) Lot Coverage and Floor Area Ratio (FAR). "District Maximum Lot Coverage "SR-3 and SR-4 35% "SR-5 30% Mavimilri VAR 1.2 Ordinance No. 811-A Page 3 "(c) Useable Lot Area. "District Square Feet Per Senior Citizen Dwelling Unit "SR-3, SR-4, 200, provided a minimum of 25% of the Useable Lot and SR-5 Area is designed, constructed, and equipped for (for 5 and recreational use of the occupants of the residence 6 story and their guests. buildings) "SR-5 (for 100, provided a minimum of 25% of the -Useable Lot buildings Area is designed, constructed, and equipped for over 6 recreational use of the occupants of the residence stories) and their guests. "6. Building Design and Construction "(a) Floor Area. The minimum net floor area of a senior citizen dwelling unit shall be not less than 550 square feet, and the maximum net floor area shall be not more than 650 square feet. "(b) Community Facilities. Senior citizen residences shall provide recreational, service, and meeting facilities for the use and enjoyment of the residents of the building and their guests, with a minimum net floor area of 1250 square feet or 15 square feet for each senior citizen dwelling unit, whichever is greater. "The facilities shall be indoor space furnished and conditioned for occu- pancy all year. They may consist of meeting rooms, hobby rooms, game rooms, swimming pools, exercise facilities, group kitchen facilities, and similar uses. Outdoor areas, laundry rooms, storage areas, mechanical rooms, hallways, foyers, office, commercial, or any circulation space or purely ornamental areas shall not be included to satisfy this requirement. "(c) Laundry Facilities. Adequate laundry facilities and equipment, in- cluding automatic clothes washing and drying machines, laundry tubs, and counter space, shall be provided in each senior citizen residence, in a separate room with a minimum floor area of 120 square feet. "7. Parking. Senior citizen residences shall provide parking that conforms to the setback, screening, surfacing, and size requirements for multiple family resi- dences set out in paragraph 7 of Section 4 of Ordinance No. 811, except as modified by the following standards: "(a) One completely enclosed and one exposed parking space is required for each non -senior citizen dwelling unit. One enclosed or exposed parking space is re- quired for each senior citizen dwelling unit; provided, however, one-half enclosed or exposed parking space is required per senior citizen dwelling unit in a senior citizen residence that has an entrance located within 500 feet of a public bus stop that has a minimum of 20 scheduled buses per day. "(b) In addition, one completely enclosed parking space is required for each vehicle owned by the management and stored on the site, and one exposed park- ing space is required for each employee who is not a resident of the senior citizen residence. Ordinance No. 811-A Page 4 "(c) A minimum of 75% of the parking required herein for senior citizen residences must be totally enclosed within the principal building or an accessory building. "(d) All parking spaces shall be used only by the occupants of the senior citizen residence and their guests and visitors. They may, however, also be used on a temporary basis by others while making deliveries to an occupant or while doing work on the residence or site." Sec. 4. Section 13 (Definitions) of Ordinance No.-811 is hereby amended to add the following definitions: " 'Senior Citizen Residence' -- A multiple dwelling unit building or group of buildings specifically designed for use by individuals 62 years of age or over, provided the following criteria are satisfied: "(1) The site is within an SR-3, SR-4, or SR-5 District. "(2) All dwelling units other than the caretaker's or resident manager's unit are senior citizen dwelling units and are occupied by a single individual 62 years of age or over, or two individuals one of whom is 62 years of age or over. it 'Senior Citizen Dwelling Unit' -- A one -bedroom apartment with a kitchen, bathroom, living and storage space, the net floor area of which shall be not less than 550 square feet nor more than 650 square feet, and specifically designed for occupancy by a single individual 62 years of age or over, or two individuals one of whom is 62 years of age or over." Sec. 5. This ordinance shall be in full force and effect immediately upon its passage and publication TO: FROM: DATE: RE: MEMORANDUM Edina City Council Thomas S. Erickson, City Attorney January 11, 1977 Senior Citizen Residence Zoning Ordinance Changes have been made in the above referenced ordi- nance since the last review by the Council. Those changes, and comments on the ordinance, are as follows: 1. The ordinance recites, in the Purpose and Intent clause, that only those properties that are designated and shown on the then most recent housing assistance plan approved by the City Council as possible locations for a senior citizen residence shall be considered for, and shall be transferred to, the Senior Citizen Residence District (SR District). The concern that prompted this addition was that without having a plan reviewed for possible locations for this kind of district, the Council might be faced with applications for SR Districts in inappropriate places and might be sued for denying them. It is, of course, possible that the City may be sued for denying them in any event. However, the City is in a stronger legal posture if a prior plan approved by the Council exists that indicates that the then subject location is or is not a possible SR District location. Edina City Council Page 2 January 11, 1977 On the other hand, if application is made to the Council for a location that is shown on a plan as being a possible SR District location, and should the Council then deny that appli- cation, its legal posture will be less strong. This means that the Council must give great consideration to the plans when presented and to the locations for possible SR Districts as shown on the plans. The use of the Housing Assistance Plan was suggested by Greg Luce. He suggested this plan in lieu of a comprehensive plan or the H.R.A. Plan for the 50th & France Commercial Area because it is a plan that (i) covers the entire city, (2) is for the specific purpose of designating, among other things, locations for housing for the elderly, and (3) is kept current by an annual review and approval by the Council pursuant to a public hearing. 2. If one of the possible locations for an SR District is the 51st and France site, then I recommend that the redevelop- ment plan for the 50th & France Commercial Area be amended to show a possible location of a senior citizen residence at the 51st and France location before it be rezoned into the SR District. The Municipal Housing and Redevelopment Act provides that changes in a redevelopment plan that are substantial in nature can be Edina City Council Page 3 January 11, 1977 made in the plan "upon such notice and after such public hearing as is required for the original adoption of the redevelopment plan . . . ." The present H.R.A. plan provides for 13 to 15 residential units at the 51st and France location. The Rainbow Management plan proposed to the Council was for a 45-unit struc- ture. I have been of the opinion that such a change in the unit density is a "substantial" change in the plan, which will. require Council review and approval. The procedure to modify the H.R.A. plan is as follows: A. The H.R.A. considers the modification of the redevelopment plan. B. The H.R.A. sends its proposed modification to the planning agency of the City of Edina for study and report. C. The Planning Commission of the City must submit its written opinion on the modification to the H.R.A. within 30 days of submittal. D. The H.R.A. will then act on the modification to the plan, setting forth its reasons for the modification. E. If the H.R.A. desires the modification, it will then apply to the City Council for approval of the modification. It will submit with its application its reasons for the modifica- tion, its recommendations as to the modification, and the opinion of the Planning Commission. Edina City Council Page 4 January 11, 1977 F. At the same time, the H.R.A. will submit its proposed modification to the State Housing Commission, pursuant to statute, for "suggestions." (The Metropolitan Council advised the City, at the time the original plan was adopted, that the plan was not a "comprehensive plan" that they had to review. Therefore, there would seem to be no reason to submit the modi- fication to the Metropolitan Council either. Whether the mod- ification is of "metropolitan significance" is not known because the regulations have not yet been adopted. However, to be certain, request for a response from the Metropolitan Council, as to whether the change is, in their opinion, of such signifi- cance, should be made.) G. The City Council then holds a public hearing on the proposed modification; the hearing must be preceded by at least one published notice, given not less than 10 nor more than 30 days prior to the hearing. H. The City Council will then review the modifica- tion, and act by resolution either approving or disapproving the modification. If approved, the resolution should state that the modified plan yet affords maximum opportunity for redevelopment by private enterprise, and that the plan as modified conforms to the general plan for development of the locality as a whole. Edina City Council Page 5 January 11, 1977 I. The Council will then give its decision to the H.R.A. within 30 days of submission of the modification proposal by the H.R.A. The rezoning of the 51st and France property could take place at the same time as the amendment of the H.R.A. plan was proceeding, but the action by the City Council on the rezoning would have to be delayed until after the H.R.A. plan was modified. 3. The basic format of the ordinance has remained the same, i.e., reference is made to the existing standards for the multiple residence districts, and they are made a part of the SR District except as specifically modified. This appears to be the easiest way to draft the ordinance as such, and, according to the Planning staff, the easiest way to work with the ordinance once adopted. Therefore, that format was retained. 4. Laundry facilities have been specifically excluded from the community facilities required for an SR District residence, but a requirement for laundry facilities has been included in the design and construction aspects of the building. 5. It has not been required that indoor parking be below the floors with dwelling units. Also, it is not required that the community facilities be on a floor other than that occu- pied by enclosed parking.-. It was the thought of the Planning Edina City Council Page 6 January 11, 1977 staff that these are unnecessary requirements, ones that are not imposed in other multiple residence dwellings and not required by the Uniform Building Code. 6. The only controls built into the ordinance to make sure that the units are used by senior citizens are (i) the size of the units, and (ii) the requirement that the dwelling units in a Senior Citizen Residence District be occupied by a single individual 62 years of age or over, or two individuals one of whom is 62 years of age or over. There is no income limitation imposed, and the individuals who do reside in the units need not be retired. 7. A statement has been added to the Purpose and Intent clause of the ordinance to the effect that there shall not be allowed in the District convalescent, nursing, rest, boarding care, or similar types of residences, homes, or facilities. 8. The requirement that the building be funded in whole or in part by a federal, state, or local funding program has been deleted. It was not intended by the previous public funding requirement to limit residence in senior citizen residence buildings to those of lower income, and, as pointed out by the Council, such a control is temporary at best, since the original funding could be paid off and satisfied by a subsequent buyer with conventional financing, and any controls that might have Edina City Council Page 7 January 11, 1977 been originally built into the development would be gone. As stated, the ordinance, then, relies for its control upon the size of the unit and the requirement that it be occupied by persons 62 years of age or over. 9. There are some enforcement problems. For example, how does the City enforce the requirement that parking spaces be used only by residents or managers of the senior citizen residence, or the requirement that the building be occupied by those 62 years of age or over? TSE/abc DORSEY, WINDHORST, HANNAFORD, WHITNEY ac HALLADAY e JONN W WINOMORST ROBERT J STRUYK HENRY HALLADAY MICHAEL A OLSON JULE HANNAFORD LARRY W JOHNSON ARTHUR 8 WHITNEY THOMAS S MAY RUSSELL W LINDOUIST G LARRY GRIFFITH DAVID R BRINK CRAIG A BECK HORACE E. HITCH DAVID L. MCCUSKEY VIRGIL N MILL THOMAS 0 MOE ROBERT V TARBOX JAMES H OMAGAN ROBERTJ JOHNSON JOHN M MASON ZMARD B MASSELOUIST MICHAEL W WRIGHT PETER DO RSEY LARRY L. VICKREY GEORGE P FLANNERY LOREN R. KNOTT CURTIS L. ROY PHILLIP M. MARTIN ARTHUR E. WEISBERG REESE C JOHNSON DUANE E. JOSEPH CHARLES J. HAUENSTEIN JAMES 8. VESSEY CHARLES A GEER WNJ_UM A WHITLOCK JOHN C ZWAKMAN EDWARD J. SCHWARTZSAUER JOHN R WICKS THOMAS M. BROWN EUGENE L. JOHNSON CORN ELI US D MAHONEY. JR. JOHN W WINOHORST.JR WILLIAM C. BABCOCK MICHAEL PRICHARD THOMAS S. ERICKSON WILLIAM R SOTH MICHAEL E BRESS RICHARD G. SWANSON RAY" D A. REISTER FAITH L OHMAN JONN J. TAYLOR DAVID A RANHEIM BERNARD G. HEINZEN ROBERT J SILVERMAN WILLIAM J. HEMPEL THOMAS R. MANTHEY JOHN S. HIBBS WILLIAM R. HIBBS ROBERT 0. FLOTTEN PHILIP F. BOELTER JOHN D LEVINE WILLIAM B. PAYNE 2300 FIRST NATIONAL BANK BUILDING MINNEAPOLIS,MINNESOTA SS402 (612) 340-2600 CABLE: DOROW TELEX: 29-0605 TELECOPIER:(612) 340-2866 1466 W-FIRST NATIONAL BANK BUILDING ST. PAUL,MINNESOTA 55101 (612) 227-8017 115 THIRD STREET SOUTHWEST ROCHESTER, MINNESOTA 55901 (507) 286-3156 January 12, 1977 The Honorable Members of the City Council Mr. Warren C. Hyde, City Manager City of Edina 4801 West 50th Street Edina, Minnesota 55424 ROBERT A HEIBERG - ROBERT L HOBBINS JOHN D. KIRBY BARRY 0. GLAZER ROBERT A SCHWARTZBAUER PETER S HENDRI%SON DAVID N, FRONEK NICK R HAY THOMAS W. TINKHAM IRVING WEISER JON F TUTTLE STEPHEN E GOTTSCHALK EMERY W BARTLE THOMAS W ELKINS WILLIAM A JOHNSTONE KENNETH L. CUTLER STEVEN K. CHAMPLIN DAVID M. OUINLAN MICRAEL J. RADMER JAMES R. PIELEMEIER MICHAEL TRUCANO GARY M. JOHNSON JOHN P. VITKO THOMAS W FINN DON D CARLS04 JAY L SENNETT PAUL J. SCHEERER ROBERT G. BAYER DAN F. NICOL SUZANNE B. VAN DYK KENNETH A. IVERSON STUART R. HEMPHILL JAMES A FLADER J. DAVID JACKSON DAVID LSOEHNEN W. CHARLES LANTZ WILLIAM E MARTIN DOUGLAS E RAY FRANK H. VOIGT STEVEN F WOLGAMOT WILLIAM H. HIPPEL JR. J. MARQUIS EASTWOOD ROBERT A BURNS EDWARD J. PLUIMER MICHEL A LAFOND KENNETH W ERICKSON ROGER J. MAGNUSON OWEN C. MARX J ROBERT HIBBS JAMES E. 80WLUS JAY F. COOK STANLEY M. REIN OF COUNSEL CHARLES L POTUZNIK DONALD WEST VERLANE L ENDORF WALDO F. MAROUART DENNIS P BURATTI GEORGE E. ANDERSON GEORGEANN BECKER ROBERT LVANFOSSEN Re: Senior Citizens Zoning Ordinance Dear Council Members and Mr. Hyde: The City Council is considering amending the City's zoning ordinance to create a zoning category that will be limited to housing for senior citizens. At least one member of households living in the area so zoned must be age 62 or older. There are no areas of the city to be specifically included in the new category; the inclusion of a parcel of land in the new category will be only on application of the owner and sub- sequent rezoning action by the Council. The City Council has asked for our opinion as to the constitutional validity of a zoning ordinance restricting housing to senior citizens. Ordinances of the type being considered by the City Council have been challenged in a handful of cases, and on the whole, the courts have been fairly receptive to this sort of ordinance. The most recent and also the most thorough and well - reasoned decisions on the validity of such ordinances are the opinions of the New Jersey Supreme Court in Taxpayers Ass'n of Weymouth Twp. v. Weymouth Twp., 71 N.J. 249, 364 A.2d 1016 (Sept. 28, 1976), and its companion case, Shepard v. Woodland Twp. Committee & Planning Bd., 71 N.J. 230, 364 A.2d 1005 (Sept. 28, 1976). The Woodland ordinance restricted residence in the district to those over age 52, except that one child over 19 DORSEY. WINDHORST, HANNAFORD, WHITNEY & HALLADAY The Honorable Members of the City Council Mr. Warren C. Hyde, City Manager Page 2 January 12, 1977 could live in the district with his or her parent(s) or guardian(s). Full-time occupancy of residence units was restricted to three persons. The ordinance permitted various types of residential dwellings, limited commercial and service facilities primarily for the use and convenience of the district's residents, and shopping centers by special use permit. The ordinance also required certain recreational and cultural facilities be fur- nished by developers. These "Senior Citizen Communities" were permitted by special use permit anywhere in the residential - agricultural district of the township, but the proposed senior citizen community had to contain a minimum of 500 contiguous acres. The Weymouth ordinance was considerably different from Woodland's. It was an amendment to the township's mobile home park ordinance, which prohibited such parks in the township except under certain conditions, the most important of which was that residence be restricted to families of which the head or spouse was over age 52. No more than 200 of the mobile homes in the park could have more than two bedrooms, the minimum size for the park was 140 acres, and each site had to be at least 5,000 square feet. Only three such parks could exist in the township at any one time. The township already had a district in which mobile home parks were permitted by "license"; the amendment imposed the additional restrictions discussed above. In Weymouth, the court considered several issues in upholding the ordinance, namely: (1) whether the ordinance was within the municipal zoning power, (2) whether it violated the equal protection and due process clauses of the state and federal constitutions, and (3) whether it had an impermissible exclusionary effect. Relying to a very large degree on sociological studies on the problems of housing the elderly, the court found that the ordinance was within the municipal zoning power because it pro- moted the general welfare by helping meet the needs of the elderly for specialized and inexpensive housing. The ordinance, therefore, fell within the purview of New Jersy's zoning enabling act, which contains the same "promoting the general welfare" language found in the Minnesota zoning act, MSA §462.357, Subd. 1. DORSEY, WINDHORST. HANNAFORD,WHITNEY S HALLADAY The Honorable Members of the City Council Mr. Warren C. Hyde, City Manager Page 3 January 12, 1977 The court also discussed whether a municipality had the power to regulate "users" of land or whether it could regu- late only the "use" of land. The court found that both of the ordinances in question did bear a real and substantial relationship to land use, and that regulating the user was an integral part of the regulating the use of land. The age restriction was seen as but one part of a total package of land use restrictions designed to provide a neighborhood suitable for older people. The court had no trouble dealing with the claim that the ordinances were violative of the equal protection clause of the U.S. constitution. Housing is not a "fundamental right" under the federal constitution (Lindsey v. Normet, 405 U.S. 56 [19721), nor is age a "suspect" classification (Massachusetts Bd. of Retirement v. Murgia, U.S. , 96 S. Ct. 2562 [19761). Since neither a "fundamental right" nor a "suspect" classification was involved in the ordinances, such classification must be sustained if justifiable on any reasonably conceivable state of facts. The court found that.although the age choice was somewhat arbitrary, any age chosen would be somewhat arbi- trary, and the line had to be drawn somewhere. (In the case of the Edina ordinance, I am advised that the age use is the same as that used by the U.S. Department of Housing and Urban Develop- ment.) The court did find that the classification was justifiable and, therefore, did not violate the equal protection clause of the U.S. constitution. Minnesota's constitution has no equal protection clause, so any claim that the proposed Edina ordinance would be a denial of equal protection would have to be based on the federal constitution, and the New Jersey cases would be sup- portive of the ordinance, if adopted. As to substantive due process, the court said those claims were little more than restatements of the equal protection claims, and since the ordinances were valid under the equal pro- tection clause, they did not offend the principles of'substantive due process. The Minnesota constitution does have a due process clause, but it is no more'restrictive than that found in the federal constitution. The last issue, of impermissible exclusionary effect, was found by the court not to exist. Such ordinances do have exclusionary effect, in part, but the court found that it also has an inclusionary effect to the extent that a need exists for DORSEY, WINDHORST, HANNAFORD, WHITNEY a HALLADAY The Honorable Members of the City Council Mr. Warren C. Hyde, City Manager Page 4 January 12, 1977 planned housing developments for the elderly, and zoning for such developments may serve to include such people in a com- munity from which they might otherwise have been excluded. The case of Maldini v. Ambro, 36 N.Y. 2d 481, 369 N.Y.S. 2d 385, 330 N.E.2d 403 (1975), also upheld a senior citizen zoning district. The court in that case found that there was a clear need for such housing and found no indication in the ordinance discriminating against or trying to exclude younger people or families with children. In the case of Hinman v. Planning and Zoning Commission, 26 Conn. Sup. 125, 214 A.2d 131 (Comm. Pl. 1965), the court found the senior citizen housing ordinance to be invalid. However, the decision in that case was not based on constitutional grounds; instead, the court found that there was no need for the sort of housing development contemplated by the ordinance and that it did not, therefore, promote the general welfare. As the most recent and most thorough of all of the opinions we have been able to find on the senior citizen zoning ordinance question, the Weymouth and Woodland opinions provide strong authority supporting the validity of such ordinances. The two decisions that we have been able to find that have overturned such ordinances do not, in our opinion, provide much support to those who might seek to challenge the proposed Edina ordinance. One (the Hinman decision) is easily distinguishable on its facts, and the court found there was no need for the sort of housing contemplated by the ordinance, and the other (Campbell v. Barraud, 85 Misc. 2d 380, 376 N.Y.S.2d 380 (Sup. Ct. 19751) relied heavily on two subsequently reversed decisions. Therefore, if a need for the proposed Edina ordinance can be demonstrated, as was done in the Wevmouth and Woodland cases, and if the ordinance is neither designed to exclude, nor has the effect of excluding, certain classes of people from the community, it should be able to survive a judicial challenge. TSE/abc cc: Mr. Greg J. Luce Ms. Florence B. Hallberg Very truly yours, o as S. Erickson MEMORANDUM TO: Edina City Council FROM: Thomas S. Erickson, City Attorney DATE: January 11, 1977 RE: Senior Citizen Residence Zoning Ordinance Changes have been made in the above referenced ordi- nance since the last review by the Council. Those changes, and comments on the ordinance, are as follows: 1. The ordinance recites, in the Purpose and Intent clause, that only those properties that are designated and shown on the then most recent housing assistance plan approved by the City Council as possible locations for a senior citizen residence shall be considered for, and shall be transferred to, the Senior Citizen Residence District (SR District). The concern that prompted this addition was that without having a plan reviewed for possible locations for this kind of district, the Council might be faced with applications for SR Districts in inappropriate places and might be sued for denying them. It is, of course, possible that the City may be sued for denying them in any event. However, the City is in a stronger legal posture if a prior plan approved by the Council exists that indicates that the then subject location is or is nota possible SR District location. Edina City Council Page 2 January 11, 1977 On the other hand, if application is made to the Council for a location that is shown on a plan as being a possible SR District location, and should the Council then deny that appli- cation, its legal posture will be less strong. This means that the Council must give great consideration to the plans when presented and to the locations for possible SR Districts as shown on the plans. The use of the Housing Assistance Plan was suggested by Greg Luce. He suggested this plan in lieu of a comprehensive plan or the H.R.A. Plan for the 50th & France Commercial Area because it is a plan that (i) covers the entire city, (2) is for the specific purpose of designating, among other things, locations for housing for the elderly, and (3) is kept current by an annual review and approval by the Council pursuant to a public hearing. 2. The basic format of the ordinance has remained the same, i.e., reference is made to the existing standards for the multiple residence districts, and they are made a part of the SR District except as specifically.modified. This appears to be the easiest way to draft the ordinance as such, and, according to the Planning staff, the easiest way to work with the ordinance once adopted. Therefore, that format was retained. Edina City Council Page 3 January 11, 1977 .I 3. Laundry facilities have been specifically excluded from the community facilities required for an SR District residence, but a requirement for laundry facilities has been included in the design and construction aspects of the building. 4. It has not been required that indoor parking be below the floors with dwelling units. Also, it is not required that the community facilities be on a floor other than that occu- pied by enclosed parking... It was the thought of the Planning staff that these are unnecessary requirements, ones that are not imposed in other multiple residence dwellings and not required by the Uniform Building Code. 5. The only controls built into the ordinance to make sure that the units are used by senior citizens are (i) the size of the units, and (ii) the requirement that the dwelling units in a Senior Citizen Residence District be occupied by a single individual 62 years of age or over, or two individuals one of whom is 62 years of age or over. There is no income limitation imposed, and the individuals who do reside in the units need not be retired. 6. A statement has been added to the Purpose and Intent clause of the ordinance to the effect that there shall not be allowed in the District convalescent, nursing, rest, boarding care, or similar types of residences, homes, or facilities. Edina City Council Page 4 January 11, 1977 7. The requirement that the building be funded in whole or in part by a federal, state, or local funding program has been deleted. It was not intended by the previous public funding requirement to limit residence in senior citizen residence buildings to those of lower income, and, as pointed out by the Council, such a control is temporary at best, since the original funding could be paid off and satisfied by a subsequent buyer with conventional financing, and any controls that might have been originally built into the development would be gone. As stated, the ordinance, then, relies for its control upon the size of the unit and the requirement that it be occupied by persons 62 years of age or over. 3. There are some enforcement problems. For example, how does the City enforce the requirement that parking spaces be used only by residents or managers of the senior citizen residence, or the requirement that the building be occupied by those 62 years of age or over? TSE/abc k ORDINANCE NO. 811-A AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) TO ESTABLISH THE SENIOR CITIZEN RESIDENCE DISTRICT AND STANDARDS AND RESTRICTIONS FOR THE DISTRICT, AND ADDING DEFINITIONS THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Ordinance No. 811 is hereby amended by renumbering Section 12 (Defi- nitions) and Section 13 (Administration) to Section 13 and Section 14, respectively. Sec. 2. Section 2 of Ordinance No. 811 is hereby amended by adding a new district to the list of districts therein contained, as follows: "Senior Citizen Residence District (Section 12)." Sec. 3. Ordinance No. 811 is hereby amended by adding a new Section 12, as follows: "Sec. 12. Senior Citizen Residence District "l. Purpose and Intent. The City Council of the City of Edina finds that there is a need in the City of Edina for affordable housing for elderly citizens, and that the increasing population of elderly residents should have available to them pleasant, safe, and economical housing in the City of Edina designed to satisfy the special social and physical needs of this segment of the population. Therefore, the Senior Citizen Residence District is hereby established to accommodate these needs and to promote the general health, safety, and welfare of the residents of the City. "The standards contained herein are intended to permit residences that have a mass and intensity of activity that is similar to multiple family residences with the same numerical identification defined in Section 4 of Ordinance No. 811. "When considering petitions for the transfer of land to the Senior Citizens .Residence District, the Edina Planning Commission and Council shall consider the then most recent Housing Assistance Plan approved by the Council, and only those properties that are designated by or shown on such plan as possible locations for senior citizen residences shall be considered for transfer to, or transferred to, the Senior Citizen Residence District. "It is not the purpose and intent of the Senior Citizen Residence District to allow, and there shall not be allowed in the Senior Citizen Residence District, con- valescent, nursing, rest, boarding care, or similar types of residences, homes, or facilities. "2. Senior Citizen Residence District Boundaries. The Senior Citizen Residence District hereby established shall be further subdivided into subdistricts designated as District SR-3, District SR-4, and District SR-5, and shall be located as shown by amendments hereafter made to this paragraph. "3. General Standards. The restrictions and requirements set out in Section 4 (Multiple Residence District) of Ordinance No. 811, in paragraph 3 (Restrictions on Lot Area, Building Bulgy; and Setbacks), paragraph 4 (Building Design and Construction), paragraph 5 (Distance Between Buildings), paragraph 6 (Accessory Buildings), and paragraph 7 (Parking), relative to the R-3, R-4, and R-5 Districts, shall apply to Ordinance No. 811-A Page 2 the SR-3, SR-4, and SR-5 Districts, respectively, except as specifically modified by this Section 12, and in every case the most restrictive applicable standard set out in said paragraphs shall govern unless specifically modified by the provisions of this Section 12, in which case the provisions of this Section 12 shall govern. "4. Specific Uses Permitted in Districts. The following uses are permitted when a building permit and occupancy certificate have been approved by the Planning Director .and issued by the Building Inspector, and no person shall erect, alter, enlarge, move, demolish, use, occupy, or maintain any building, structure, improvement, or premises without first having obtained such permits: "(a) Principal Uses. "District SR-3: "(1) Senior citizen residences containing not less than three nor more than 12 dwelling units, all but one of which shall be senior citizen dwelling units and occupied by a single individual 62 years of age or over, or two individuals one of whom is 62 years of age or over, and the other dwelling unit shall be designed for and used by the caretaker or resident manager of the senior citizen residence. "Districts SR-4 and SR-5: "(1) Senior citizen residences containing five or more dwelling units, all but one of which shall be senior citizen dwelling units and occupied by a single individual 62 years of age or over, or two individuals one of whom is 62 years of age or over, and the other dwelling unit shall be designed for and used by the caretaker or resident manager of the senior citizen residence. "(b) Accessory Uses. In addition to those subordinate uses that are clearly and customarily incident to the principal uses, such as driveways, park- ing areas, and garages, the community facilities required by paragraph 6 of this section will be permitted on the lot occupied by the principal use. "5. Restrictions on Lot Area, Building Bulk, and Setbacks. "(a) Required Lot Area. The minimum lot areas, the maximum allowances, and schedule of allowances set outin paragraph 3 of Section 4 of Ordinance No. 811, used in the calculation of required lot area, will be applicable to Districts SR-3, SR-4, and SR-5, respectively, and, in addition, the following allowances are hereby added to the schedule of allowances: "District Basis and Amount of Allowance "SR-3 For each senior citizen dwelling unit; subtract 1500 sq. ft. "SR-4 and SR-5 For each senior citizen dwelling unit; ,subtract 1000 sq. ft. "(b) Lot Coverage and Floor Area Ratio (FAR). "District Maximum Lot Coverage Maximum FAR "SR-3 and SR-4 35% - - 11SR-5 30% 1.2 Ordinance No. 811-A Page 3 NO Useable Lot Area. "District Square Feet Per Senior Citizen Dwelling Unit "SR-3, SR-4, 200, provided a minimum of 25% of the Useable Lot and SR-5 Area is designed, constructed, and equipped for (for 5 and recreational use of the occupants of the residence 6 story and their guests. buildings) "SR-5 (for 100, provided a minimum of 25% of the -Useable Lot buildings Area is designed, constructed, and equipped for over 6 recreational use of the occupants of the residence stories) 'and their guests. "6. Building Design and Construction. "(a) Floor Area. The minimum net floor area of a senior citizen dwelling unit shall be not less than 550 square feet, and the maximum net floor area shall be not more than 650 square feet. "(b) Community Facilities. Senior citizen residences shall provide recreational, service, ai:d meeting facilities for the use and enjoyment of the residents of the building and their guests, with a minimum net floor area of 1250 square feet or 15 square feet for each senior citizen dwelling unit, whichever is greater. "The facilities shall be indoor space furnished and conditioned for occu- pancy all year. They may consist of meeting rooms, hobby rooms, game rooms, swimming pools, exercise facilities, group kitchen facilities, and similar uses. Outdoor areas, laundry rooms, storage areas, mechanical rooms, hallways, foyers, office, commercial, or any circulation space or purely ornamental areas shall not be included to satisfy this requirement. "(c) Laundry Facilities. Adequate laundry facilities and equipment, in- cluding automatic clothes washing and drying machines, laundry tubs, and counter space, shall be provided in each senior citizen residence, in a separate room with a minimum floor area of 120 square feet. "7. Parking. Senior citizen residences shall provide parking that conforms to the setback, screening, surfacing, and size requirements for multiple family resi- dences set out in paragraph 7 of Section 4 of Ordinance No. 811, except as modified by the following standards: "(a) One completely enclosed and one exposed parking space is required for each non -senior citizen dwelling unit. One enclosed or exposed parking space is re- quired for each senior citizen dwelling unit; provided, however, one-half enclosed or exposed parking space is required per senior citizen dwelling unit in a senior citizen residence that has an entrance located within 500 feet of a public bus stop that has a minimum of 20 scheduled buses per day. "(b) In addition, one completely enclosed parking space is required for each vehicle owned by the management and stored on the site, and one exposed park- ing space is required for each employee who is not a resident of the senior citizen residence. Ordinance No. 811-A Page 4 "(c) A minimum of 75% of the parking required herein for senior citizen residences must be totally enclosed within the principal building or an accessory building. "(d) All parking spaces shall be used only by the occupants of the senior citizen residence and their guests and visitors. They may, however, also be used on a temporary basis by others while making deliveries to an occupant or while doing work on the residence or site." Sec. 4. Section 13 (Definitions) of Ordinance No.•811 is hereby amended to add the following definitions: " 'Senior Citizen Residence' -- A multiple dwelling unit building or group of buildings specifically designed for use by individuals 62 years of age or over, =provided the following criteria are satisfied: "(1) The site is within an SR-3, SR-4, or SR-5 District. "(2) All dwelling units other than the caretaker's or resident manager's unit are senior citizen dwelling units and are occupied by a single individual 62 years of age or over, or two individuals one of whom is 62 years of age or over. " 'Senior Citizen Dwelling Unit' -- A one -bedroom apartment with a kitchen, bathroom, living and storage space, the net floor area of which shall be not less than 550 square feet nor more than 650 square feet, and specifically designed for occupancy by a single individual 62 years of age or over, or two individuals one of whom is 62 years of age or over." Sec. 5. This ordinance shall be in full force and effect immediately upon its passage and publication DORSEY, WINDHORST, HANNAFORD, WHITNEY a HALLADAY JOHN W WINDHORST ROBERT J. STRUYK HENRY HALLADAY MICHAEL A. OLSON JULE HANNAFORD LARRY W JOHNSON ART H UP B. WHITNEY THOMAS S. HAY RUSSELL W. LINDQUIST G. LARRY GRIFFITH DAVID R. BRINK CRAIG A. BECK HORACE E HITCH DAVID L McCUSKEY VIRGIL H. HILL THOMAS 0 MOE ROBERT V. TARBOX JAMES H. O'HAGAN ROBERT J. JOHNSON JOHN M. MASON MAYNARD B. HASSELQUIST MICHAEL W WRIGHT PETER DORSEY LARRY L VICKREY GEORGE P. FLANNERY LOREN R KNOTT CLIFT IS L. ROY PHILLIP H. MARTIN ARTHUR E. WEISBERG REESE C. JOHNSON DUANE E. JOSEPH CHARLES J. HAUENSTEIN JAMES B. VESSEY CHARLES A. GEER WILLIAM A. WHITLOCK JOHN C. ZWAKMAN EDWARD J. SCHWARTZBAUER JOHN R. WICKS TH OMAS M. BROWN EUGENE L. JOHNSON CORNELIUS D. MAHONEY,JR. JOHN W WINDHORST,JR WILLIAM C. BABCOCK MICHAEL PRICHARD THOMAS S. ERICKSON WILLIAM R. SOTH MICHAEL E. BRESS RICHARD G. SWANSON RAYMOND A. PFISTER FAITH L.OHMAN JOHN J. TAYLOR DAVID A. RANHEIM BERNARD G. HEINZEN ROBERT J. SILVERMAN WILLIAM J. HEMPEL THOMAS R. MANTHEY JOHN S. HIBBS WILLIAM R. HIBBS ROBERT 0. FLOTTEN PHILIP F. SOELTER JOHN D- LEVINE WILLIAM B_ PAYNE 2300 FIRST NATIONAL BANK BUILDING M I N N E A R O L I S, M I N N E S O TA 55402 (612) 340-2600 CABLE: DOROW TELEX: 29-0605 TELECOPIER: (612) 340-2868 Mr. Thomas Melena City of Edina 4801 West 50th Street Edina, Minnesota 55424 Dear 'Tom: 1468 W—FIRST NATIONAL BANK BUILDING ST. PAUL,MINNESOTA 55101 (612) 227-8017 115 THIRD STREET SOUTHWEST ROCHESTER, MINNESOTA 55901 (507) 288-3156 September 30, 1976 Re: Bingo Games Ordinance ROBERT A. HEIBERG ROBERT L. HOBBINS JOHN D. KIRBY BARRY D. GLAZER ROBERT A. SCHWARTZBAUER PETER S. HENDRIXSON DAVID N.FRONEK NICK R. HAY THOMAS W TINKHAM IRVING WEISER JON F TUTTLE STEPHEN E GOTTSCHALK EMERY W. BARTLE THOMAS W ELKINS WILLIAM A_JOHNSTONE KENNETH L. CUTLER STEVEN K. CHAMPLIN DAVID M. QUINLAN MICHAEL J. RADMER JAMES R-PIELEMEIER MICHAEL TRUCANO GARY M. JOHNSON JOHN P. VITKO THOMAS W. FINN DON D. CARLSON JAY L. BENNETT PAUL J. SCHEERER ROBERT G. BAYER DAN F. NICOL SUZANNE B. VANDYK KENNETH A. IVERSON STUART R. HEMPHILL JAMES A. FLADER J. DAVID JACKSON DAVID LBOEHNEN W. CHARLES LANTZ WILLIAM E. MARTIN DOUGLAS E RAY FRANK H. VOIGT STEVEN F. WOLGAMOT WILLIAM H. HIPPEE,JR. J. MARQUIS EASTWOOD ROBERT A- BURNS EDWARD J. PLUIMER MICHEL A LAFOND KENNETH W ERICKSON ROGER J. MAGNUSON OWEN C. MARX J.ROBERT HIBBS JAMES E. BOWLUS JAY F COOK STANLEY M REIN OF COUNSEL CHARLES L. POTUZNIK DONALD WEST VERLANE L ENDORF WALDO F MAROUART DENNIS P BURATTI GEORGE E. ANDERSON GEORGEANN BECKER ROBERT L VANFOSSEN Per your request, T enclose, for your information and review, copies of the following: 1. League of Minnesota Municipalities leaflet No. 255.1, Revised, July 1976, titled "Licensing of Bingo Games." 2. Chapter 261, Minnesota Laws 1976, relating to bingo. 3. Proposed ordinance for the City of Deephaven, relating to licensing and regulating bingo. If Edina desires to have an ordinance allowing the licensing of binge games, please prepare a draft of such ordinance and send it to me for my review. Very truly yours, TaE%abc Thomas S. Erickson. Enclosures cc: 2dr. Warren C. Hyde (w/o enc.) -; 7-74 DORSEY, WLNDHORST, HANNAFORD,WHITNEY & HALLADAY JOHN W WINDHORST MICHAEL A TRUY HENRY HALLADAY OLSON JULE HANNAFORD LARRY W JOHNSON ARTHUR B. WHITNEY THOMAS S. HAY RUSSELL W LINDQUIST G. LARRY GRIFFITH DAVID R. BRINK CRAIG A. BECK HORACE E HITCH DAVID L - THOMAS OCMOEKD VIRGIL H. HILL ROBERT V. TARBOX JAMES H. O'HAGAN ROBERTJ.JOHNSON JOHN M. MASON MAYNARD B. HASSELOUIST MICHAEL W. WRIGHT PETER DORSEY LARRY L VICKREY GEORGE P. FLANNERY LHRENP H R. KNOTT MARTIN CURTIS L. ROY ARTHUR E. WEISBERG REESE C. CHARLES JOHNSON HAUENSTEIN DUANE E. JOSEPH DAMES e. VESSEY CHARLES A GEER WILLIAM A. WHITLOCK JOHN C.ZWAKMAN EDWARD J. SCHWARTZBAUER JOHN R. WICKS THOMAS M. BROWN EUGENE L JOHNSON CORNEIJUS D. MAHONEY,JR. JOHN W WINDHORST, JR. WILLIAM C. BABCOCK MICHAEL PRICHARD THOMAS S. ERICKSON WILLIAM R. SOTH MICHAEL E. BRESS RICHARD G. SWANSON RAYMOND A. REISTER FAITH LOHMAN JOHN J. TAYLOR DAVID ARANHEIM BERNARD G. HEINZEN ROBERT J. SILVERMAN WILLIAM J. HEMPEL THOMAS R. R. HANTH O BBS JOHN S. HIBBG WILLIAM ROBERT 0. FLOTTEN PHILIP F. WELTER JOHN D. LEVINE WILLIAM B. PAYNE 2300 FIRST NATIONAL BANK BUILDING MIN N E A P O L I S, M I N N E S O TA 5 5 4 0 2 (612) 340-2600 CABLE: DOROW TELEX: 29-0605 TELECOPIER:(612) 340-2868 1468 W-FIRST NATIONAL BANK BUILDING ST. PAUL,MINNESOTA 651OI (612) 227-8017 Ms. Florence B. Hallberg, Edina City Clark 4801 West 50th Street Edina, minnebot-,ii. 55424 Dear Florence: 115 THIRD STREET SOUTHWEST ROCHESTER, MINNESOTA 55901 (507) 288-3156 September 24, 1976 Res Crdi: aace No. 112-A ROBERT A. HEIBERG ROBERT OGER DL. HOBBI S, JOHN D. KIRBY BARRY LAZER ROBERT A. SCHWARTZBAUER N PETER HENDRIXSON DAVID N. FRONEK JONAY THOF. T W. TINKHAM STEPHEN E GOTTSCHALK EMERYF W BARUTTLE THOMAS W ELKINS EMERY W BARTLE WILLIAM A.JOHNSTONE KENNETH LCUTLER STEVEN K CHAMPLIN DAVID M.QUINLAN MICHAEL J RADMER JAMES R. PIELEMEIER MICHAEL TRUCANO GARY M. THOMAS W. F INN DJOHNSON JOHN P. O L BENNETT DON D. CARLRLSON JAY PA.J. ROBERT G. BAYER DENN F. NICOL CHEERER SUZANNE B. VANDYK TUART R. KENNETH AIVERSON DAVID J CKSONLL DAMES A FLADER W CHARLES LANTZ WILLIAM E. MARTIN N DAVID L. BO DOUGLAS E RAY FRANK H. VOIGT STEVEN F. WOLGAMOT WILLIAM H. HIPPEE, JR J. MARQUIS EASTWOOD ROBERT A. BURNS EDWARD J. PLUIMER MICHEL A LAFOND KENNETH W. ERICKSON ROGER J. MAGNUSON OWEN C. MARX J. ROBERT HIBBS JAMES E. BOWLUS JAY F. COOK OF COUNSEL STANLEY M. REIN CHARLES L. POTUZNIK DONALD WEST VERLANE L ENDORF WALDO F MAROUART DENNIS P. BURATTI GEORGE E ANDERSON GEORGEANN BECKER ROBERT LVANFOSSEN There is enclosed a proposed amendment to ordinance No. 112; this provides a four-year term for the mayor -,beginning with the 1976 election. very tly yours, E TSE/abc Thomas,: Erickson Enclosure ccs �Lr. Warren C. Hyde [ALL NEW] ORDINANCE NO. 112-A AN ORDINANCE AMENDING ORDINANCE NO. 112 TO PROVIDE A FOUR-YEAR TERM FOR THE MAYOR BEGINNING WITH THE 1976 ELECTION Section 1. Ordinance No. 112 is hereby amended by adding thereto a Section 4, as follows: "Sec. 4. Term of Mayor. Beginning with the 1976 election, and there- after, the mayor shall serve for a term of four years." Sec. 2. This ordinance shall be in full force and effect upon its passage and publication. DORSEY, WINDHORST, HANNAFORD,WHITNEY 8, HALLADAY 7�/, JOHN W WINDHORST PORE=',1 STPUYK HENRY HALLADAY N'.,;HAEL A. OLSON JULE HANNAFORD LAZP W JOHNSON ART HUR B WHITNEY S. HAY RU 5SELL W LINDOUIST G~./?Rr GRIFFITH DAVID R BRINK CPA G A. BECK HORACE E HITCH L M:CUSKEY VIRGIL H HILL .-AS 00 ROBERT V TARBOX JADES H 0HAGAN ROBERTJ JOHNSON MASON MAYNARD B HA5SELOUIST M'-AL_'N WRS HT PETER DORSEY L. VICKREY GEORGE P. FLANNERY °.EN R KNOTT CURTIS L. ROY H. MARTIN ARTHJR E WEISBERG -'- 'RC. JOHINSON DUANE E. JOSEPH C-A>.ES J. HAUENSTEIN JAMES B VESSEY r_A �_ES A. GEER WILLIAM A WH ITLOCK =-N C ZWAKMAN EDW'AFO J. SCHWARRBA-: ? WICKS THOMAS M BROWN -,E LJOHNS ON C OR N::�I U5 D MAH ONEY. JR - A WI NDHORST, JR. W ILLIAH C BABCOCK MJ_,A PRICHARD TH CHAS 5. ERICKSON A __ A� R. SOTH MICHAEL E SPESS P :..A.O G. SWANSON SAY, ONO A. REISTER FA'. _ CHMAN JOHN J TAYLOR :,A:I_ A RANHEIM BERNA NAP G. HEINZEN ' J SILVERMAN WILLIAM J. HEMPEL 7-CM15 R. MANTHEY JOHN S. HIBBS A -_UM R HIBBS ROBERT 0 FLOTTEN - BOELTER JOHN D LEVINE Wr.,.AM B. PAYNE 2300 FIRST NATIONAL BANK BUILDING M I N N E A P O L I S, M I N N E S O TA 55402 Mr. J. N. Dalen Edina City Treasurer 480i test 50th Street Edina, Minnesota 55424 Dear Jerry: (612) 340-2600 CABLE: DOROW TELEX: 29 -0605 TELECOPIER: (6121 340-2868 1468 W-FIRST NATIONAL BANK BUILDING -ST. PAUL,MINNESOTA SSIOI (612, 227-8017 115 THIRD STREET SOUTHWEST ROCHESTER, MINNESOTA S5901 (507) 288-3156 September 21, 1976 SOBEST A HEIBERG POSERT L HOBBINS JOHN D. KIRBY BARP,Y D GLAZER ROBERT A SCMWARTZBAUER PETER S HENDRIX50N OAVI0 N. FRONEK NICK R. HAY THOMAS W TINKHAM IRVING WEISER JON F. TUTTLE STEPHEN E GO-SCHALK EMERY W BARTLE THOMAS W ELKINS WILLIAM A JOHNSTONE KENNETH L CUTLER STEVEN K. CHAMPLIN DAV D M OUINLAN 141CHAEL J. RADMER JAMES R. P'LEMEIER MICHAEL TRUCANJ GAR' M JOHNSON JOHN P. VITKO THOMAS W FINN DON D. CARLSON JAY L. BENNETT PAUL J. SCHEERER ROBERT G. SAYER DAN F. NICOL 5UZANNE B VANDYK KENNETH A IVERSON STUART R HEMPHILL JAMES A FLADER J DAVID JACKSON DAVID L. BOEHNEN W CHARLES LANTZ WILLIAM E MARTIN DOUGLAS E RAY FRANK H VGIGT STEVEN F. WOLGAMOT WILLIAM H HIPPEE.JR J. MAROUIS EASTWOOD ROBERT A BURNS ED'WARO J PLUIMER MICHEL A LAFOND KENNETH W ERICKSON ROGER J. MAGNUSON ONEN C. MARX J ROBERT HIBBS JAMES E. BOWLUS JAY F. COOK STANLEY M. REIN OF COUNSEL CHARLES L. POTUZNIK DONALD WEST VERLANE L ENOORF WALDO F M,AROUART DE NNIS P SURATTI GEORGE E. ANDERSON GEORGEANN BECKER ROBERT LVANF05SEN Re: Connection Charges - Ordinances Nos. 402-A , 431-A , 801-A , 1101-A , and 1111-A . Enclosed are amendments to each of the above ordinances. These ordinances, if adopted, will have the following effect: 1. Future R-2 dwellings must have a separate and independent water and sewer connection for each dwelling unit if the dwelling has pub- lic sewer and water available. 2. Presently existing R-2 dwellings must make such separate con- nections when the R-2 lot is subdivided or if the building is destroyed to 50% or more of its market value. 3. Townhouses hereafter constructed, or now existing but hereafter subdivided for individual sale, must have a separate water and sewer connec- tion for each unit. There is no qualification (as for R-2 dwellings) that sewer and water be available. This assumes that tot.Tnhouses will be construc- ted only where sewer and water are available. 4. Anyone aggrieved by the requirement for separate connections may appeal to the Building Construction Appeals Board and thence to the City Council. The Appeals Board has the power to waive "any requirement of any of the ordinances." (See Ordinance No. 404, Section 10; Ordinance No. 402, Sections 7, 8, and 9.) The decision of the Appeals Board can be appealed to the Council. 5. The waiver of any requirement for a physical connection will not, however, relieve the property owner from paying for the connection charge. DORSEY, WINDHORST,HANNAFORD, WHITNEY a HALLADAY Mr. J. N. Dalen Page 2 September 20, 1976 6. The making of the connection, or obtaining the waiver, and the payment of the connection charge, are made conditions to the approval of any subdivision of a double bungalow and of any plat of an existing townhouse development. As to the requirement that the property owner pay the connection charge even though the physical connection itself is waived, I have advised you that the enabling statute, Minn. Stat. §444.075, does not seem to allow such a charge to be made unless there is, in fact, a physical connection. It is, however, my understanding that you wish to proceed on the basis of the enclosed ordinances notwithstanding that problem, on the theory that, administratively, it is better and simpler for the City to collect the con- nection charge when the original requirement is made (even if waived) than to postpone such collection, and further that if the issue is raised and the City loses, the City will, in any event, be able to impose a charge when and if the physical connection is, in fact, made. I request that each of you review the enclosed and advise if you have any changes or additions. I am also giving a copy of this letter to Florence in the expectation that these will be on the Council agenda for October 4 for review by the Council. If there are any changes to be made, we should make them in time to have the ordinances for review by the Council on October 4. TSE/abc Enclosures cc: Mr. Robert C. Dunn Ms. Florence B. Hallberg Mr. Warren C. Hyde Mr. Greg J. Luce Mr. Kent Swanson Very truly yours, t' ' �} Thomas S. Erickson ORDINANCE NO. 402-A AN ORDINANCE AMENDING ORDINANCE NO. 402 TO ALLOW WAIVER OF SEWER AND WATER CONNECTION REQUIREMENTS THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Section 8 of Ordinance No. 402 is hereby amended to read as follows: "Sec. 8. May Waive Requirements. In considering any appeal as-ar��ie- 3zed-by-peagep}�-{e}-ef-Seeiea--i�eree€, the Commission, if not prohibited by State law, may waive any requirement of any of the ordinances therein referred to, but only if the reason for such requirement does not exist because of the unusual use, location or type of construction of the structure, or if the person taking the appeal demonstrates to the satisfaction of the Commission that the purpose of such requirement is met by other means or methods. Also, the Commission, in granting any waiver of water or sewer ---- ------------- -- - ---- -- ----- -- ----- connecti_ons reguired by Ordinance No. 431, shall also make the findings of hardship and nondetriment required by Section 10 of said Ordinance No. 431, ------ - ----- ---- -- - - - --- -- - - and shall condition its waiver on delivery to the City of the agreement reguired by said Ordinance No. 431." -- - ---------- --- ---- Sec. 2. This ordinance shall be in full force and effect immediately upon its passage and publication. (N.B. Deletions are lined out [----- ]; additions are underlined or noted as entirely new paragraphs.) ORDINANCE NO. 431-A AN ORDINANCE AMENDING ORDINANCE NO. 431 TO REQUIRE CONNECTIONS TO THE SANITARY SEWER SYSTEM AND WATER SYSTEM AND TO PERMIT WAIVER OF THE CONNECTION REQUIREMENT THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Sections 9, 10, 11, and 12 of Part 3 of Ordinance No. 431 are hereby amended to read as follows: "Part 3. Connections Required to Sewer and Water Systems; Discharges into Sewer System Regulate. "Sec. 9. Connection Required. "(a) Sanitary Sewer Connections. 11(1) Whenever property in any platted area abuts upon any public street or alley in which any sanitary sewer mains have been constructed, the owner er eeeupant of every dwelling house or business building hereafter con- --------- ---- structed., reconstructed. or placed on such property. and as a part of such con_ struction, reconstruction, or placing, shall connect the sewage disposal ---------- --------------- ---------- ------------ --- -------------- lines in suciz house or building with such mains in such street or alley, --- ---- --- - - --- - ---- -- - - -- -- -- and every dwelling house or business building now located on such --- ------------- ----- ------------------ --- property shall within two years after the date this erdinanee beeeme9 effe.etive or after the date such sanitary sewer mains did or will become usable, connect the sewage disposal lines in such house or building with such mains in such a street or alley; provided, that such connection shall be made immediately if such mains are usable and if the private sewage disposal system into which the sewage disposal lines in the dwelling house or business building on such property drain shall overflow, back up or otherwise fail. [ENTIRE "(2) In addition to the requirements of subparagraph (1) above, every PARAGRAPH residence in any R-2 District, as determined by Ordinance No. 811, that is (i) NEW] hereafter constructed, reconstructed, or placed on a lot in such district, or (ii) now existing but is on a lot hereafter subdivided pursuant to subparagraph (c) of Section 3 of Ordinance No. 801 and subparagraph 8 of Section 4 of Ordinance No. 811, or (iii) now existing and nonconforming but is hereafter destroyed or damaged to such an extent that it is required to conform to all restrictions of the R-2 District pursuant to paragraph 2 of Section 13 of Ordinance No. 811 (relating to nonconforming buildings and uses), or (iv) now existing and conforming but is hereafter destroyed or damages: to such an extent that,if it were a nonconforming building as defined in Ordinance No. 811, it would have to conform to all restrictions of the R-2 District, pursuant to said paragraph 2 of Section 13 of Ordinance No. 811, and that is on property that abuts upon any public street or alley in which sanitary sewer mains have been constructed, shall have the sewage disposal lines in each dwelling unit, as defined in Ordinance No. 811, within such residence connected with the sanitary sewer mains in such street or alley so that there shall be one separate and independent connection for each such dwelling unit. (N.B. Deletions are lined out [----- ]; additions are underlined or noted as entirely new paragraphs.) o. 431-A age 2 [ENTIRE 11(3) Each townhouse, as defined in Ordinance No. 811, hereafter PARAGRAPH constructed, reconstructed, or placed upon property within the City, or NEW) presently existing on property that is hereafter platted or subdivided to permit the sale of individual townhouses or individual lots, and as a part of such construction, reconstruction, or placing, or as a part of such plat- ting or subdivision, as the case may be, shall have the sewage disposal lines .within that townhouse connected directly, and separately from any other town- house, to the sanitary sewer mains serving such townhouse. [ENTIRE "(b) Water Connections. PARAGRAPH (b) NEW) 11(1) Whenever property abuts upon any public street or alley in which water mains have been constructed, the owner of any building hereafter constructed, reconstructed, or placed on such property, and as a part of such construction, reconstruction, or placing, shall connect the water lines in such building to the water main in such street or alley. "(2) Every residence in the R-2 District, as determined by Ordi- nance No. 811, that is required by subparagraph (2) of paragraph (a) of this Section 9 to have separate.and independent sanitary sewer connections for each dwelling unit within such residence, and that is located on property that abuts any public street or alley in which water mains have been construc- ted, shall also, at the same time, make a separate and independent connection of the water lines in each such dwelling unit with the water mains in such street or alley. "(3) Each townhouse required by subparagraph (3) of paragraph (a) of this Section 9 to have a direct and separate connection to sanitary sewer mains shall also be required at the same time to have a similar direct and separate connection from the water lines in such townhouse to the water mains serving such townhouse. "Sec. 10. Failure To Comply; Notice; Withholding of Approval of Plat or Subdivision; Waiver of Connection Requirement. Any person required by Section V Rereoi to connect tEe sewage eisposai sines with the sanitary sewer _or the water lines with the water main = if an existing building, shall make such - connection or connections within ten days after written notice is given to such person to make such connection, and if a building to be constructed, _reconstructed, or placed o_n _a property,shall make such _connection o_r-connec- tions as a part of such construction, reconstruction, or placement. The ---- - -- ------------------------- ---------- written notice shall be prepared and mailed by certified mail, or delivered, by the Vill-age _City Public Health Sanitarian, Building Official, or City Planner, on order of the Village City Manager. If such connections _are ---- - ------------- required because of the subdivision of a lot in the R-2 District, or because ------- -- -------------- -- - --- -- --- --- -------- of platting or subdivision of property to permit sale of individual townhouses ---------- -- ------ -- ---- -- ---------- ---------- or individu_a_1 lots, such connections shall be-- made---- _i_n _c_o_n_nectio_n with _s_uc_h Platting or su_bd_ivisio_n, _a_nd approval _of such plat o_r _sub_d_iv_isio_n by t_h_e City Council may be conditioned and withheld until completion of the required ------- -- ------------- Mn- ----------- ----- --- -- --- -- connections. Provided- however, that any connection requirement may be waived ------------ -------- --- ---- -- by the Building Construction Appeals Board upon request of the owner of _the property wh for ich the waiver is requested and upon a finding being made by --- --- - --- ------ -- -- ------ --- - -- -------- ---- ---- the Board that a hardship exists that is not a mere inconven_ien_ce ____ _ and that is -caused_ bY-th_e physical character oft and _c_o_st of complying With, the - nection requirement and not by the owner or any persons having an interest [BALANCE OF SEC. 10 NEW] Ordinance No. 431-A Page 3 in the property, and that the waiver will not be substantially detrimental to the public welfare or to other lands or improvements in the neighborhood of the property. Also, as a condition to granting such waiver, the owner or owners of the property or properties shall execute and deliver to the City a recordable agreement, in form and substance acceptable to the City Manager, providing that the City shall not be liable to any owners or occupiers of the property for any damage or injury to persons or property resulting from a lack of the required separate and independent connectiol�s, that all owners of the property or properties served by less than the required separate and independent connections shall share equally in any costs incurred as a result of not having the required separate and independent connections, shall pay equally all sewer and water charges made for services to such property or properties, and that the City may determine the charges for water and sewer usage by allocating consumption equally among all properties using the common connection and totaling the separate charges based on such allocation, and the City may discontinue water and sewer services to such property or proper- ties pursuant to Ordinance No. 1111, even though such discontinuance will affect property in addition to that of the persons causing the delinquency. "Sec. 11. Connection by Village City. Whenever any owner or occupant shall fail to comply with such written notice, the Council may by resolution direct that e required connection or connections be made with the flanita-ry sewer and that the cost of said installation connection or connections be paid in the first instance out of the general revenue fund and then assessed against the property benefited. "Sec. 12. Assessment and Collection. After such installation and connec- tion is completed by order of the Council, the Village _City Clerk shall serve a written notice of the assessment upon the owner or his representative directing him to pay said assessment within ten days after the service of said notice to the il3:age City Treasurer. If such assessment is not paid within ten days, the Village _City Clerk shall certify the amount thereof to the county auditor for collection in the same manner as other special assessments and the same shall become a lien upon said property until paid; provided, the Village _City Council may by resolution provide that the assessment be spread over a term of three _up to ten years upon request of the owner of the property or his representative, _and if spread over a term_ of years, interest shall be charged at the rate then charged by the City in connection with special assessments." Sec. 2. This ordinance shall be in full force and effect upon its passage and publication. [All new provisions] ORDINANCE NO. 801-A. AN ORDINANCE AMENDING ORDINANCE NO. 801 BY REQUIRING PAYMENT OF CONNECTION CHARGES WHEN R-2 LOTS ARE SUBDIVIDED AND EXISTING TOWNHOUSES PLATTED OR SUBDIVIDED THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. There is hereby added at the end of subparagraph (c) of Section 3 of Ordinance No. 801 the following provisions: "Provided, that as conditions to the approval of such subdivision, the owner of the lot to be subdivided shall make a separate and indepen- dent connection of each dwelling unit on the lot with the sanitary sewer and water mains, or obtain a waiver of such connection, and pay the con- nection charges therefor, if any, all as required by Ordinance Nos. 431, 1101, and 1111, and after such conditions ate met and complied with, the City Clerk shall give a certified copy of the Council resolution approving such subdivision." Sec. 2. There is hereby added to Section 3 of Ordinance No. 801 a new section (e), as follows: "(e) As conditions to the approval of any plat or subdivision of previously built and then existing townhouses, as defined in Ordinance No. 811, each townhouse shall be separately and independently connected to the sanitary sewer and water mains, or the requirement for such connections shall be waived, and the connection charges therefor, if any, shall be paid, all as required by Ordinance Nos. 431, 1101, and 1111, and after such condi- tions are met and complied with, the City Clerk shall give a certified copy of the Council resolution approving such plat or subdivision." Sec. 3. This ordinance shall be in full force and effect immediately upon its passage and publication, and when effective, shall be filed with the office of the Register of Deeds, Hennepin County, Minnesota. ORDINANCE NO. 1101-A AN ORDINANCE AMENDING ORDINANCE NO. 1101 TO ESTABLISH CHARGES FOR CONNECTION TO THE MUNICIPAL SANITARY SEWER SYSTEM AND TO REPEAL THE REQUIREMENT FOR CONNECTION CHARGES WHEN R-2 DISTRICT LOTS ARE SUBDIVIDED THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Section 5 of Ordinance No. 1101 is hereby amended to read as follows: "Sec. 5. Policy Regarding Connection Charges. Gharges-for-eenneetiens-to to -the sewer system may be fixed A connection charge_shall_be_made for each --------------- --------- connection made or required to be made to the City sanitary sewer system, -------------------------------------------------------------------------- even though_ the_ connection_reguirement_is waived Eursuant_to Ordinance No. --------- -------- --------- ---------------- 431. In determining_ the amount and reasonableness of the -chargq,_the_Council ----------------- -------------------------------- My --_give_consideration to all costs of the establishmentl_operation, main_ - ---------------------------------------- tenance,_depreciation=_and necessary replacements of - the_system,._and_of ------------------- improvements= enlargements=_and extensions_ necessary_to_serve_the City_adeguateTyi ------------------- ----- includin8_the_principal-and_ interest to become due on obligations_ issued or to ----- ---------------------------- ------------ be issued therefore_and_mayz_in_its_discretion._fix_the_charge by reference to -------------------------- the portion of the lateral cost theeeef of - the _system which has been paid by ----------- ----- - assessment of against the premises to be connected, _o_r_r_eguired_to be connected in comparison with other premises using _the _system, as -well -as -the _i_naddition _to the cost of making or supervising the connection._ Any Such charge may -be -wade payable-in-installments.---lt shall be determined -blution_of the City -------------y_reso-------- Council at the time a connection-----is--made or is -required -to -be made, and shall ------------------------------------------------------------- be payable in full prior to such connection being made, or the requirement -------------------------------------------------------------------------- therefor being waived,_or_it-maybe_made-payable_in_installments, as determined by_the_Council.If_payable_in installments, the_amount unpaid_from time to ------------------ ---- ---- --------- time shall bear interest at the rate charged by the City on special assessments ---------------------------------------------------------------------------- at the time of such application. The charge shall be payable by the owner; --- -------------------------------------------- lessee-e�-eeenpant;-ems-all-ef-then. If the charge is made in connection with -------------------- ---- --- -------- a plat or subdivision approved pursuant to Ordinance No. $O1, the charge may ---------------- ----- ----------- be made a_part_of_ _ e Develop..Ts_Agreement_required_by axainance No--BDI-and ------------------- ----------------------- payable-as-if it were an improvement made pursuant to (B) of Section 8 of said Ordinance No. 801, and payment thereof shall be secured in the same manner as ----------------------- --h-------secure------he_-------------- payment_for_s_uc_h_im_provements_Alsoi_any connection charge or installment thereof,i_or_interest thereon, not paid when due and remaining unpaid at the --------------- time when the annual tax levi is transmitted to the County Auditor may be cer- tified to the County Auditor with taxes against the premises seTyed so connected ---------- or_reguired_to be connected for collection as other taxes are collected-. - " Sec. 2. Section 6 of Ordinance No. 1101 is hereby amended to read as follows: "Sec. 6. Connections to Trunk Sewer Mains. It is the policy of the Village City to levy special assessments on properties abutting upon lateral sewer mains for payment of the entire cost of such mains. In the case of trunk sewer mains capable of direct connection to structures on abutting property, it is the policy of the Village _City to require a portion of the cost thereof approxi- mately equal to the cost of construction of a lateral sewer main at the same time and place (referred to herein as 'lateral cost') to be paid either by (N.B. Deletions are lined out [-----1; additions are underlined [ 1.) Ordinance No. 1101-A Page 2 the levy of special assessments upon such property, or by a charge made at the time e€-the a connection thereof is made or required to be made to the - ------------------------------ main, even though the connection requirement is waived pursuant.to Ordinance --------------------------------------------------------------------- No. 431; the remaining cost (referred to herein as 'trunk cost') being assessed,. so far as considered equitable, upon all properties deemed capable of connection with the trunk main either directly or through laterals. Lateral sewer mains are normally nine inches in diameter, and trunk mains include all of larger diameter. In all cases where any premises abutting on a trunk sewer main receive no special assessment for payment of a share of the lateral cost thereof, whether or not such properties are assessed for the trunk cost of the main, the Council., shall by resolution, deemine-the-affieun-peg-€yen-€set-a€-the-p�epey-abulag thereon which is neeessa" to be paid to reimburse -to the Village the lateral eest whieh has net been assessed; and upen application for connection of any such premises to -the trunk main; a connection charge shall be due and payable . to the Village; equal to the cost se determined for the frontage of the pre- mises- adopted either at the time the assessments are levied for the trunk -- --- ---- -------------- --- ------ --- --- ----- cost of the main or at the time a connection is made or reguired_to be,made of -------------------------------------------------------------=------- such abutting premises to the trunk sewer main, even though the connection re- guirement_is waived pursuant_to Ordinance No. 431, shall determine the amount --------- ----------------- ---------------------------- to be charged_ for connection of such abutting_ premises_ to the trunk sewer main. ---------- - ---------- ------------- In-------R-------- In determining the amount and reasonableness of the charge, the Council may give_consideration to all costs of the establishment,_operation,_maintenance, depreciation,_and necessary_replacements of_the_syste ma_ and_ of_improvementsZ ----- enlargements, and extensions necessary_to_serve the City_adequately, including ----- ----------------- -------- ----------- the principal and interest to become due on obligations issued or to be issued ------------------------------------------------------------------------------ t_h_e_refor,_and-may,_in_its_d_iscr_e_tion,_f_ix th_ech_a_rge by ref erence to the portion of the -lateral cost thereof of_the_system which has been paid by assessment of ---------- -- --- - against the premises to be connected, or required to be connected, in compari- son with other premises using_the_system, as -well -as -the in addition to the ------------------ cost of making or supervising.the connection. Such charge shall be payable_in full_prior_to_such _connectionbeing_made.,_or_the_reguirement therefor being --------------- ----here-------- waived2_or it may_be_payable_in installments.,_as_ determined by_the_Council. If ------ ------ -------------- ---------- ------- payable -in installments,_ the amount unpaid from time to time shall bear interest ------------------------------- ------------------------- at a rate determined in the -same -manner -as--set out at -Section 5_above----------- _and_shall --------------------------------------------------------- ----- be_payable_by_the_person,_and_may_be_certified to_the _County Auditor_ for collec- ------- ----- ------ tion-_as-set-out_in said Section 5. Further.,_if_the charge_is_made_in_connection -n said-Sectio--5. Fu- - -char---------- with_a_plat_or_subdiv_ision,_it may_be_made_a_part_of_the Deyeloper'9 Agreement re- ----- thee- -re- quired by -Ordinance No. 801, payable and secured in the same manner as set out in Section 5 above. All connection charges so received shall be credited to the -------------- - fund of the trunk sewer main improvement involved or, if such improvement has been financed by the issuance of bonds, to the Improvement Bond Redemption Fund:, or shall be used_to_pay_for_maintaining_ the operating_such_trunk sewer main and trunk ewer----- the Cit 's sanitar sewer s stem." Sec. 3. Section 7 of Ordinance No. 1101 requiring connection charges when lots in the R-2 District are subdivided is hereby repealed. Sec. 4. This ordinance shall be in full force and effect upon its passage and publication. ORDINANCE NO. 1111-A AN ORDINANCE AMENDING ORDINANCE NO. 1111 TO ESTABLISH CHARGES FOR CONNECTION TO THE MUNICIPAL WATER SYSTEM AND TO REPEAL THE REQUIREMENT FOR CONNECTION CHARGES WHEN R-2 DISTRICT LOTS ARE SUBDIVIDED THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Section 5 of Ordinance No. 1111 is hereby amended to read as follows: "Sec. 5. Policy Regarding Connection Charges. Gharges for eenneetien to tie water systeza aia $e Ied A connection charge shall be made for each ----------- ---- - - - ---- connection made or required to be -made -to -the -City water system, even though the connection requirement is waived pursuant to Ordinance No.3T---In-3eter- ------------------------------------------------------------------------------ mining the amount and reasonableness of the charge, the Council may give _------- ------- ------ ---------- c_o_n_si_d_era_`ti_onto_a_Ii_c_o_`sts__o_I__t_fie__e_st_afilisfiment�_opera_tioni maintenanceZ de�reciationL_and_necessary_replacements_of _the_sYstemi_and of imQrov_ements: enlargements, and extensions _n_e_c_e_s_s_a_r_y_to__s_erv_e_ th_e_ C_i_t_Y_adequately, including, the principal-and_interest_to_ become -due _on obligations issued or to be issued therefori_and may.. in -its discretion, fix the charge by reference to tfie portion of the -lateral cost thereof of_the_m systewhich has been paid by assessment of - --- --- -- -- against the premises to be connected, or_rgquirgd_to_be_cunngcted= in comparison with other premises using _ the system, as -well -as -tire in addition to cost of making or supervising the connection. Any Such charge �ta�►-be-fae�e-pe�e�ie-in-Instal}- ments---It _shall _bed_eteermined_by_resolution of _th_e_Ci_ty_Councilat _the time _a_co_n_ne_c_tion_ is_m_a_d_e_or_reguired_to_be mad_e,_and_shall_be_payable_in_full- prior-to-such_connection-being made, -or the requirement therefor being waived, -------- ------------------------------- or it maybe made_payable-in_installments._as_determined -asCoun cil. If --------------- -y_-------- payable_in_installments._the_amount_ unpaid_ from time to time shall bear interest ------------ --------------------------------- at the r_ate_ch_arg_ed_by_the_City_on_special_assessm_e_ntsatt_h_e_timeof_s_uch__aLp_ - plication___The _charge shall be payable by the owner;-lessee-ee-eee"pant;-e-- sl-ei-tire►. If the charge is made in connection with a plat or subdivision ----------- ------------------------------------------------ approved pursuant to Ordinance No. 801, the charge may be made a part of the Developer's -----------e----------------------- --- ---- ----- ----- Developer s Agreement required by Ordinance No. $Ol and payable as i it were an improvement made_pursuant_to B of Section $ o� said Ordinance l�o. ----- ------ ---------------------------------------------- and payment_thereof shall be secured in the same manner as payment for such -------------------------------------------- _such _im_`rovem__e_nts.-_dueAlso, any connection charge or installment thereof, _o_r_interest _t_h_er_e_on, not -paid -when due and remaining unpaid at the time when the annual tax levy is transmitted to the County Auditor may be certified to the County Auditor with taxes against the premises served _so_c_o_n_n_ected_or reguired_to_be connected for collection as other taxes are collected." Sec. 2. Section 6 of Ordinance No. 1111 is hereby amended to read as follows: "Sec. 6. Connections to Trunk Water Mains. It is the policy of the Village City to levy special assessments on properties abutting upon lateral water mains for payment of the entire cost of such mains. In the case of trunk water mains capable of direct connection to structures on abutting property, it is the policy of the Village City to require a portion of the cost thereof approximately equal to the cost of construction of a lateral water main at the same time and place (referred to herein as 'lateral cost') to be paid either by the levy of special assessments upon such property, or by a charge made at (N.B. Deletions are lined out [----- ]; additions are underlined Ordinance No. 1111-A Page 2 the time e€-the _a connection thereof- is_m_ad_e_or_- required -to' _be_made to the main, even thouEh-the_connection- requirement is waived pursuant to Ordinance No. 431; the remaining cost (referred to herein as 'trunk cost') being assessed, so -Tar -as considered equitable, upon all properties deemed capable of connection with the trunk main either directly or through laterals. Lateral water mains are normally six inches in diameter, and trunk mains include all of larger diameter. In all cases where any premises abutting on a trunk water main receive no special assessment for payment of a share of the lateral cost thereof, whether or not such properties are assessed for the trunk cost of the main, the Council,, by resolution, dee��€ne-the-8�eea-pew-€en €eel-e€-��e-peepee�y-ebn��€ng-�he�een-whie�-#s-neeess8ey-�e-be-geid-�e-ee€ffi- bs�se-fie-the-�ill8ge-the-le�e�al-ees�-wh€eh-hss-net-been-assessed;-eat-aspen spp}€es�ien-€er-eeanee�ien-e€-any-sueh-poem€ses-fie-the-��uak-�e€a;-e-eennee�€en ehe�ge-shell-be-dne-aad-P$gable-fie-the-�€llsge;-egeel-�e-ehe-ees�-se-de�e��}ae� €ems-the-€eneege-a€-the-poem€ses- adopted _ either _at the time the assessments are levied for the trunk cost of the main or at the time a connection is made ---------------------------------------------------- ------------------------- or require_ -to be made of such abutting premises_to-the trunk -water main, -even ----- -------------------------- thou h the connection re uirement is waived ---- ---- ____$_ pursuant to Ordinance No. 431, s all determine the _am_o_u_nt to be charged_for_c_onn_ection _ of such abutting_prem__ is_es_t_o_the _trunk water _main. In_d_ete_rmini_ng_the_amount_and _reasonableness of_the_ch_arge=_the-Council may_give_co_nsidetation_to all costs of the estab- lishment, -operation, maintenance,_d_e_r_e_ciation __a_n_d necessary replacements of_ the _s-stem, and of improvements, enlargements, and extensions necessary to - ---------------------- ------ ------ -- serve the Cityadequately, ------terest------some ---e ____________ Q - including the principal and interest to become_d__u_e ---------------------------------------------------- _ono_bl_i_g_atio__ns__issuedo_r_t_o_be-issued_th_ere_f_or,__a_nd_may_,_i_ni_t_s d_iscr_eti_o_n fix-the__char_g_e by reference to the portion of the lateral cost tseree€ of_the m systewhich has been paid by assessement e€ against the premises to be -con- nected, or required_ to be connected, in comparison with other premises using the_systemas-weil-as-use in addition to cost of making or supervising the connection. Such char -`-` _ge_shall be_payable_i_n full _pPrior _to such connection b_e_i_ng_made:_or_th_e__r_eguiremen_t_therefor _be_ing waived2_or_i_t_m_ay-be_payabl_e in_installments2_as_determined__by_the_Council___If _payab_le_ in installments. ------------- the amount unpaid from time to time shall bear interest at a rate determined ------------- ---------------------------------------------- in the same manner as set out at_ Section 5_above, - and - shall _b_e payable_by_the person,_and may be certified to the County Auditor for collection, as set out 1n_said_Sectio_n5FFu_t_t er2_i _the charge_ s_ma�e in-connec ------- 'tiori with a_klat or subdivision i -`-- n ------w- --- ______s__--may_be made_a_part_of_the_Degeloper_s Agreement_reguired_bX Ordinance No. 801:_payable and secured in the same manner as set out in Section ----- Q!Ln n All connection charges so received shall be credited to the fund of the trunk water main improvement involved or, if such improvement has been financed by the issuance of bonds, to the Improvement Bond Redemption Funds or shall be used to pay -for maintaining and operating such trunk water main ---------------------- and the City's_water systems ---`--`-""--`-------'---` Sec. 3. Section 7 of Ordinance No. 1111 requiring connection charges when lots in the R-2 District are subdivided is hereby repealed. Sec. 4. This ordinance shall be in full force and effect upon its passage and publication. DoRSEY, WINDHORST, HANNAFORD, WHITNEY & HALLADAY JOHN W WINDHORST ROBERT J. STRUYK HENRY HALLADAY MICHAEL A. OLSON JULE HANNAFORD LARRY W JOHNSON ARTHUR B. WHITNEY THOMAS 5. HAY RUSSELL W. LINDQUIST G. LARRY GRIFFITH DAVID R-BRINK CRAIG A. BECK HORACE LHITCH DAVID LMCCUSKEY VI RGIL H. HILL THOMAS 0. MOE ROBERT V. TARBOX JAMES H. OHAGAN ROBE RT J. JOHNSON JOHN M.MASON 14AYNARD B. HASSELOUIST MICHAEL W. WRIGHT PETER DORSEY LARRY L. VICKREY GEORGE P. FLANNERY LOREN R. KNOTT CURTIS L ROY PHILLIP H. MARTIN ARTHUR E WEISBERG REESE C. JOHNSON DUANE E. JOSEPH CHARLES J. HAUENSTEIN JAM ES B. VESSEY CHARLES A GEER WILLIAM A. WHITLOCK JOHN C. ZWAKMAN EDWARD J. SCHWARTZ HAUER JOHN R. WICKS THOMAS MAROWN EUGENE L. JOHNSON CORNELI US D. MAHONEY, JR. JOHN W WINDHORST, JR. WILLIAM C. BABCOCK MICHAEL PRICHARD TH OMAS S. ERICKSON WILLIAM R. SOTH MICHAEL E. PRESS RICHARD G. SWANSON RAYMOND A. REISTER FAITH L.OHMAN JOHN J. TAYLOR DAVID A. RANHEIM BERNARD G. HEINZEN ROBERT J. SILVERMAN WI LLIAM J. HEMPEL THOMAS R. MANTHEY JOHN S. HIBBS WILLIAM R_HIBBS ROBERT 0. FLOTTEN PHILIP F. SOELTER JOHN D. LEVINE WILLIAM B. PAYNE 2300 FIRST NATIONAL BANK BUILDING MINNEAPOLIS,MINNESOTA 55402 (612) 340-2600 CABLE: DOROW TELEX: 29-0605 TELECOPIER: (612) 340-2868 1468 W-FIRST NATIONAL BANK BUILDING ST. PAUL,MINNESOTA 55101 (612) 227-8017 115 THIRD STREET SOUTHWEST ROCHESTER, MINNESOTA 55901 (507) 288-3156 July 29, 1976 lb:. David Schnobrich Edina housing and Redevelopment Authority 4801 West 50th Street Edina, Minnesota 55424 Rea Ordinance Regulating Use of Municipal Parking Facilities — Ordinance No. 1232 Dear Dave: ROBERT A HEIBERG ROBERT L. HOBBINS JOHN D. KIRBY BARRY O. GLAZER ROBERT A. SCHWARTZBAUER PETER S. HENDRIXSON DAVID N. FRONEK NICK R. HAY THOMAS W. TINKHAM IRVING WEISER JON F TUTTLE STEPHEN E GOTTSCHALK EMERY W BARTLE THOMAS W ELKINS WILLIAM A. JOHNSTONE KENNETH L. CUTLER STEVEN K. CHAMPLIN DAVID M. OUINLAN MICHAEL J. RADMER JAMES R. PIELEMEIER MICHAEL TRUCANO GARY M. JOHNSON JOHN P. VITKO THOMAS W. FINN DON D. CARLSON JAY L BENNETT PAUL J_SCHEERER ROBERT G. BAYER DAN F. NICOL SUZANNE B. VANDYK KENNETH A. IVERSON STUART R. HEMPHILL JAMES A. PLACER J. DAVID JACKSON DAVID L BOEHNEN W. CHARLES LANTZ WILLIAM E MARTIN DOUGLAS E. RAY FRANK H. VOIGT STEVEN F. WOLGAMOT WILLIAM H. HIPPEE, JR. J. MARQUIS EASTWOOD ROBERT A BURNS EDWARD J. PLUIMER MICHEL A LAFOND KENNETH W. ERICKSON ROGER J. MAGNUSON OWEN C. MARX J. ROBERT HIBBS JAMES E. BOWLUS JAY F. COOK STANLEY M. REIN OF COUNSEL CHARLES L. POTUZNIK DONALD WEST VERLANE L ENDORF WALDO F. MAROUART DENNIS P. BURATTI GEORGE LANDERSON GEORGEANN BECKER ROBERT L VANFOSSE14 Enclosed is a copy of the above ordinance. Please review it and give me your comments and suggestions. Once you have reviewed it and any changes are made, we can deliver it over to Florence for insertion in the Council packets for the August 2 Council meeting. Because the 50th and France parking facilities are presently owned by the R.R.A., it is desirable to have the City and the H.R.A. agree that the City may regulate the parking in the H.R.A.'s facilities. Such an agreement is enclosed. If acceptable, it should be presented to the City Council and the H.R.A. commissioners for approval and signature. Very truly yours, TSE/abc Thomas . Erickson Enclosure cc%., Mr. Warren C. Hyde Mr. Greg J. Luce 5 ORDINANCE NO. 1232 AN ORDINANCE REGULATING THE USE OF MUNICIPAL PARKING FACILITIES AND PROVIDING A PENALTY AND REPEALING ORDINANCE NO. 1231 THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Hours of -Parking Limited. No person shall park any vehicle in any municipal parking facility for a period in excess of the time limits, as herein established, during business -hours. Persons may park in any muni- cipal parking facility for any length of time during nonbusiness hours. Sec. 2. Definitions. As used in this ordinance: (a) Municipal parking facility shall mean any lot or ramp, and the lanes giving ingress thereto and egress therefrom, and all accessories thereof, owned or operated by the City of Edina or the Housing and Redevelopment Authority of Edina, Minnesota, herein called "H.R.A.," and made available to the public for parking of private motor vehicles, whether for a fee or at no cost. It shall not include parking spaces located along public streets and highways. (b) Ramps shall mean the two municipal parking facilities located in the 50th & France Commercial Area, one north of 50th Street and one south of 50th Street. (c) The 50th & France Commercial Area shall mean the area within the City included within the plan prepared by the H.R.A. entitled "50th & France Commercial Area Plan," dated December 3, 1974. (d) Business hours shall be from 8:00 a.m. to 8:00 p.m. of each day, except Sunday, or such other hours during such days as may be set at any time and from time to time by the City Manager for any one or more of the municipal parking facilities. Any business hours hereafter set by the City Manager shall coincide, as closely as possible, with those hours during which any substantial portion of the businesses in the business area of the particular municipal park- ing facility shall be open. Such hours shall be posted ;-n a conspicuous manner, as determined by the City Manager, on each municipal parking facility affected thereby. (e) Time limit shall be one hour, except that the City Manager may at any time and from time to time specify the time limit for all or certain por- tions of any one or more of the municipal parking facilities as two hours or three hours. In changing the time limit, the City Manager shall be guided by, and shall exercise this power to effect, the purpose of allowing maximum use of the municipal parking facilities by patrons of businesses located in the business area of each municipal parking facility, but not to allow long-term parking for purposes not connected with the transaction of business in the business area of the municipal parking facility. Ordinance No. 1232 Page 2 Sec. 3. Exceptions, Permits. Vehicles identified by a sticker issued by the City under this section may be parked in the ramps in excess of thy^ time limits, but only in such locations in the ramps as shall be designated from time to time by the City Manager. Locations designated by the City Manager shall be those that are least convenient for patrons.of businesses located in the business area of the ramps. Locations so designated shall be posted in a conspicuous manner, as determined by the City Manager. The stickers shall be issued by such City deparment or City staff personnel as the City Manager from time to time shall designate, and shall be issued only to persons to be designated by the City Manager. The City Manager may direct the issuance of up to 400 such permits to persons who are employed by businesses in the 50th & France Commercial Area. Persons desiring a sticker shall apply to the City Manager for a sticker on forms provided by the City Manager. Upon issuance of each sticker, the recipient shall pay a fee of $12 for the calendar year, or such part thereof then remaining, and furnish a description of the make, year, body style, and color of the vehicle to which it is to be fastened. Stickers shall be num- bered consecutively and shall be valid only for the calendar year in which issued. The City shall keep a record of the number of the sticker and the description of the vehicle. The sticker shall be fastened to the left rear window of the vehicle and shall be visible at all times when the vehicle is parked in the ramp. When the vehicle is sold or traded and another vehicle is acquired, the City, upon application for a new sticker for the remainder of the calendar year, accompanied by a $1.00 fee and a description of the new vehicle, shall issue such new sticker and show the old sticker as having been canceled. Whenever a person to whom a sticker has been issued shall cease to be regularly employed upon the premises where he was employed at the time the sticker was issued, the employer shall notify the City of such fact, and the 1 City shall cancel the old sticker. 14 Section _4. Penalty. Violation of this ordinance shall be a misdemeanor, which shall be punishable by imprisonment for not more than 90 days, or by a fine of not more than $300. Section 5. Repealer. Ordinance 1231, as amended, is hereby repealed in its entirety. COOPERATIVE AGREEMENT (Regulation of Parking Facilities in the 50th & France Commercial Area) THIS AGREEMENT, Made and entered into this day of August, 1976, between the CITY OF EDINA, a Minnesota municipal corporation ("Edina"), and the HOUSING AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA, a body politic and corporate under the laws of the State of Minnesota ("H.R.A."), WITNESSETH, THAT: WHEREAS, the H.R.A. is the owner of two parking ramps and certain parking lots located in the 50th & France Commercial Area as defined and described in the 50th & France Commercial Area Plan dated December 3, 1974; and WHEREAS, Edina proposes to adopt an ordinance (Ordinance No. 1232) regulating the parking in municipal parking facilities, including those owned by the H.R.A.; and WHEREAS, it is desirable that only one set of regulations exist for all of the municipal parking facilities within the city, including those owned by Edina and those owned by the. H.R.A.; and WHEREAS, by virtue of Minnesota Statutes, Section 471.59, Section 462.581, paragraphs (4), (6), and (8), Section 462.445, subdivision 1, paragraphs (1) and (5), and subdivision 4, paragraph (2), Edina and the H.R.A. have the power to enter into this agreement for the regulation of the municipal parking facilities owned by the H.R.A. NOW, THEREFORE, for and in consideration of the mutual covenants herein contained, and other good and valuable consideration, the receipt and sufficiency whereof are hereby acknowledged by each of the parties hereto, Edina and the H.R.A. do agree that Edina may regulate the parking in the parking facilities, including the ramps and lots, owned by the H.R.A. in the 50th & France Commercial Area, pursuant to Ordinance No. 1232 of Edina, and any amendments thereto hereafter made by Edina, enforcement of which shall be done by Edina in its own name and at its own expense. This agreement shall continue until terminated by the parties hereto, or until such time as all of the parking facilities in the 50th & France Commercial Area owned by the H.R.A. have been transferred and conveyed of record to Edina, at which time this agreement shall automatically cease and terminate. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly executed the day and year first above written. CITY OF EDINA by and Its Its HOUSING AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA by Its Chairman and Its Secretary -2- DORSEY, WINOHORST, HANNAFORD,WHITNEY & HALLADAY ..,DHORST ROBERT J. STRUYK HALLADAY MICHAEL A. OLSON JULE HANNAFORD LARRY W JOHNSON ARTHUR B. WHITNEY THOMAS S. HAY RUSSELL W. LINDOUIST G. LARRY GRIFFITH DAVID R. BRINK CRAIG A. BECK HORACE E. HITCH DAVID L WCUSKEY VIRGIL H. HILL THOMAS 0. MOE ROBERT V. TARBOX JAMES H. O'HAGAN ROBERTJ. JOHNSON JOHN M.MASON MAYNARD B. HASSELOUIST MICHAEL W. WRIGHT PETER DORSEY LARRY L VICKREY GEORGE P. FLANNERY LOREN R. KNOTT CURTIS L. ROY PHILLIP H. MARTIN ARTHUR E. WEISBERG REESE C. JOHNSON DUANE E. JOSEPH CHARLES J. HAUEN5TEIN JAMES B. VESSEY CHARLES A GEER WILLIAM A-WHITLOCK JOHN C. ZWAKMAN EDWARD J. SCHWARRBAUER JOHN R. WICKS THOMAS M.BROWN EUGENE L JOHNSON CORN ELI US D. MAHONEY,JR JOHN W. WINDHORST,JR. WILLIAM C. BABCOCK MICHAEL PRICHARD THOMAS S. ERICKSON WILLIAM R. SOTH MICHAEL E. BRESS RICHARD G. SWANSON RAYMOND A ER REISTFAITH L OHMAN JOHN J. TAYLOR DAVID A. RANHEIM BERNARD G. HEINZEN ROBERT J. SILVERMAN WILLIAM J. HEMPEL THOMAS R. MANTHEY JOHN S HIBBS WILLIAM R. HIBBS ROBERT O. FLOTTEN PHILIP F BOELTER JOHN D LEVINE WILLIAM B. PAYNE 2300 FIRST NATIONAL BANK BUILDING MINNEAPOLIS,MIN NESOTA 55402 Mr. Greg J. Truce Edina City Planner 4801 hest 50th Street Edina, Minnesota 55424 Dear Grog: (612) 340-2600 CABLE: DOROW TELEX: 29 -0605 TELECOPIER:(612) 340-2e66 1468 W-FfRST NATIONAL BANK BUILDING ST. PAUL,MINNESOTA 56JOI (612) 227-8017 116 THIRD STREET SOUTHWEST ROCHESTER, MINNESOTA 55901 (507) 288-3166 July 1, 1976 ROBERTA. HEIBERG ROBERT L HOBBINS JOHN D. KIRBY BARRY D. GLAZER ROBERT A. SCHWARRBAUER PETER S HENDRIXSON DAVID N. FRONEK NICK R. HAY THOMAS W TINKHAM IRVING WEISER JON F. TUTTLE STEPHEN E. GOTTSCHALK EMERY W. BARTLE THOMAS W ELKINS WILLIAM A-JOHNSTONE KENNETH LCUTLER STEVEN K. CHAMPLIN DAVID M. OUINLAN MICHAEL J. RADMER JAMES R. PIELEMEIER MICHAEL TRUCANO GARY M. JOHNSON JOHN P. VITKO THOMAS W. FINN DON D. CARLSON JAY LSENNETT PAUL J. SCHEERER ROBERT G. BAYER DAN F. NICOL SUZANNE B. VANDYK KENNETH A. IVERSON STUART R. HEMPHILL JAMES A FLADER J. DAVID JACKSON DAVID L BOEHNEN W CHARLES LANTZ WILLIAM E. MARTIN DOUGLAS E RAY FRANK H. VOIGT STEVEN F. WOLGAMOT WILLIAM H. HIPPEE, JR. J. MARQUIS EASTWOOD ROBERT A. BURNS EDWARD J. PLUIMER MICHEL A LnFOND KENNETH W. ERICKSON ROGER J. MAGNUSON OWEN C. MARX J ROBERT HIBBS JAMES E. BOWLUS JAY F COOK STANLEY M. REIN OF COUNSEL CHARLES L POTUZNIK DONALD WEST VERLANE L. ENDORF WALDO F. MAROUART DENNIS P BURATTI GEORGE E. ANDERSON GEORGEANN BECKER ROBERT LVANFOSSEN Re: Ordinance No. 121.2--Al Charges for 50th & France Maintenance Work Pursuant to our conversation of yesterday, I have revised the above ordinance. Revisions are noted in red. Essentially, the changes add the removal of snow and ice from the parking facilities and the lighting of the parking facilities as maintenance costs that can be charged. The. changes also allow the City to bill the maintenance charges to the respective: owners and to assess any unpaid charges. As we discussed the inclusion of snow removal from and the lighting of the parking facilities are not specifically, nor by reasonable inference, included in the statute by which this ordinance is authorised, Minn. 8tat. 1429.101. However, as we also discussed, the inclusion of such costs fitswithin the general intent of that statute. Therefore, it is my understanding that you wish to proceed with the inclusion of these items within the ordinance, and than attempt to obtain a general law or a special law including these items within said statute, or possibly even obtain a law validating all aspects of the ordinance. Should the City be questioned about the inclusion of these parking facility maintenance costs, the worst that could happen would be that the Costs could not be charged, and they would have to be paid from general revenues. The garbage collection from the 50th & Frances area, pursuant to our discussion, will be handled by the proposed Ordinance No. 711-A2, author- izing the establishment of commercial sanitation districts. The bills for that work can, hopefully, be tied in tiumvise with the charges made by the City. If you have any questions on the enclosed, please advise. TSE/abc Enclosure cc: Ms. Florence Hallberg —ZS�Mr. Warren C. Hyde Very truly yours, 07- Thom . r, as Sck.son ORDINANCE NO. 1212-A1 AN ORDINANCE AMENDING ORDINANCE NO. 1212 TO PROVIDE FOR THE REMOVAL OF SNOW, ICE, AND RUBBISH FROM SIDEWALKS AND PARKING FACILITIES, WEED ELIMINATION FROM STREETS AND PRIVAATE PROPERTY,iT OVAL AND ELIMINATION OF PUBLIC HEALTH AND SAFETY HAZARDS FROM PRIVATE PROPERTY, TRIMMING, CARE, AND REMOVAL OF TREES, REPAIR OF SIDEWALKS AND ALLEYS,, AND OPERATION, INCLUDING MAINTENANCE, OF ALIGHTING .SYSTEM FOR STREETS, SIDEWALKS, AND PARKING FACILITIES,.AND FOR THE COLLECTION OF THE COST OF SUCH.WORK AS A SPECIAL ASSESSMENT AGAINST PROPERTY WITHIN THE 50th & FRANCE COMMERCIAL AREA IF NOT PAID BY THE OWNERS THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Ordinance No. 1212 is hereby amended by adding a new Section 4, as follows: ENTIRE "Sec. 4. Work Within the 50th & France Commercial Area; Payment and SECTION Assessment. NEW]" - "(a) Pursuant to Minnesota Statutes, Section 429.101,. the City Manager, from time to time, either annually or at shorter intervals, may order any one or more of the following items of work to be done in the 50th & France Commercial Area: "(1) Removal of snow, ice, and rubbish, including litter, from sidewalks and parking facilities. "(2) Elimination of weeds from any and all streets, sidewalks, and private property. "(3) Removal or elimination of any public health or safety hazards from private property. "(4) Trimming and care of trees and the removal of unsound trees within public ways, boulevards, or sidewalks. "(5) Repair of sidewalks and alleys. "(6) Operation, including maintenance, of lighting systems for streets ,Asidewalks, and parking facilities. "(b) For purposes hereof, the 50th & France Commercial Area shall be the area within the City of Edina included within the plan prepared by the Housing and Redevelopment Authority of Edina, Minnesota, entitled '50th & France Commercial Area Plan,' dated December 3, 1974, and �parking facilities shall mean all lots, lanes, ramps, and accessories thereof both U--- c and private, and either on the surface aboveground, or underground. "(c) The provisions of Sec. 1 and Sec. 2 of this Ordinance (except the first sentence of Sec. 1) shall apply to work ordered to be done pursuant to this Sec. 4, except that the costs to be reported'to the City Clerk may be those then actually incurred or those to be incurred. (N.B. Deletions are lined out [-----1; additions are underlined or noted as new paragraphs entirely.) mince No. 1212-A1 6e 2 "(d) All costs incurred or to be incurred for such work, or such -portion thereof as the Council by resolution from time to time shall determine to charge pursuant hereto, shall be charged semiannually, or with such other fre- quency as the Council by resolution from time to time shall determine, to each owner of each separate lot or parcel of land within the 50th & France Commercial Area, in proportion to the benefits conferred upon such lots or parcels. If any charge is made for a cost to be incurred and, based upon subsequent actual costs, is found to be excessive, subsequent charges shall be reduced by such excess, and, if deficient, subsequent charges shall be increased by such de- ficiency. Any charge not paid in full by September 10 of each year shall be levied as a special assessment against the lot or parcel of land benefited. "(e) On or before September 15 of each year, the Clerk shall prepare an assessment roll assessingnagainst each separate lot or parcel of land within the 50th & France Commercial Area all costs of such work charged against such lots or parcels and unpaid as of September 10 of that Year. The Council thereupon shall examine such assessment roll submitted by the City Clerk and, if satisfactory, shall call a public hearing and levy special assessments for such work in accordance with Minnesota Statutes, Section 429.061. All such special assessments shall be payable in a single installment, or in up to ten equal annual installments, if the Council by resolution so provides, with interest thereon at the rate fixed in the resolution approving the special assessments, but not to exceed the maximum interest rate allowed by law." Sec. 2. This ordinance shall be in full force and effect immediately upon its passage and publication. 7- 74 77 A ORDINANCE NO. 711-A2 AN ORDINANCE AMENDING ORDINANCE NO. 711 TO AUTHORIZE THE ESTABLISHMENT OF COMMERCIAL SANITATION DISTRICTS THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Sections 9, 10, 11, 12, and 13 of Ordinance No. 711 are hereby amended to read as follows: "Sec. 9. Def_i_n_it_i_o_n_si Sanitation Districts - Methods of Ee4:4:eef4ng Household Garbage and Re€tise Collection. "a. Definition. For purposes of Sections 9 through 13, the following terms shall have the following meanings:. " 'Household refuse' shall mean all domestic solid waster, garbage, swill, rubbish, sweepings, cleanings, paper, cardboard, glass, jars and bottles, plastic containers, and other waste items normally resulting from the operation of a household, and yard debris such as grass clippings, leaves, hedge trim- mings, and tree limbs of 8 inches or less in diameter and cut to 3-foot lengths or less. " 'Commercial refuse' shall mean all solid waste, all refuse, garbage, swill, rubbish, and waste matter generated in the normal operation of a com- mercial,business or office establishment. "The definitions of 'commercial refuse' and 'household refuse' shall not include construction material or other waste matter or debris resulting from the construction, reconstruction, or demolition of buildings and other improve- ments; major appliances, such as refrigerators, freezers, stoves, air condi- tioners, etc.; bodily wastes, stones, sod, earth, concrete, automobile parts, explosives, or inflammable liquids. "b. Sanitation Districts. The Council may by resolution divide the Village City Into -two o-r-more-residential sanitation districts and two or more ---------------------------------- --- --- -- _commercial sanitation districts, and prescribe that all het�sehelci garbage -att--d-l- or household refuse or commercial refuse therein shall be collected, but only €refx premises used as single -faintly or twa-family dwelll.ngsT by one of the following methods: ITO By non-exclusive license to one or more haulers; "(ii) By exclusive license to one or more haulers; "(iii) By contract between the Village City and one or more haulers; or "(iv) by Village City employees using Village City_owned or leased equipment. - - - -- ------ '-'For-the-purpose-o€-Seetione- 9-through-l3;-'-houflehold-garbage'--shall-mean-eHltnsl and-�regetable-taastes-rese�ltlno-€rant-the-hanciling;-�,reparntten;-eeahtftg;-Hnd-een- st3tnpElen-d€-€ee�I-lne3-ncllnb-the-cane--eenfn:tne�T-ar-tarappers-taastzr�-along-tyf th s"th-materials;-anei-'-hetfsekc�ld-re€nse'--sha€l-mean-all-darnestte-sel*d-waste; (N.B. Deletions are lined out additions are underlined or if a new paragraph in its entirety, it is so noted,) Ordinance No. 711-A2 Page 2 gabageT-4r�rllT-sweepings;-eleaninJsT-psperT-eardbeac�;-glass-7a�s-aae�-betles-, plas�ie-eentiainers-snd-ether-waste-items-rte really-resulting-in-tie-ep.y�r��ier�-e€ 8-heasehald,--and-ya�c�-debris-stceh-as-grass-elippings,--lest�es-e�cd-tree-ltrabs-e� $-iaehes-e�-less-in-dis�►e�e�-and-eat-3-€eet-lengths-er-less- "A residential sanitation district may be established in areas zoned or [ENTIRE used for single or two-family dwellings. A commercial sanitation district may PARAGRAPH be established in areas zoned or used for neighborhood, community, regional, or NEW] automotive commercial uses, in Office Building Districts 1 and 2, Planned Com- mercial Districts, Regional Medical Districts, and Automobile Parking Districts, all as defined in Ordinance No. 811. "Sec. 10. Designation of Commercial Sanitation Districts. In addition to complying with the other sections of this Ordinance No. 711 that are not [ENTIRE in conflict with the provisions of this Section 10, every owner, tenant, and SEC. 10 occupant of any premises within a commercial sanitation district that accumu- NEW] lates commercial. refuse on such premises shall store and dispose of such refuse as provided in this section. ".(a) Preliminary Study. Before designation of an area as a commercial sanitation district, the City Planner shall review and report to the Council the type and amount of commercial refuse generated within the proposed district, the existing commercial refuse storage facilities thereon, the location, size, and type of waste containers used on each premises, the cost of removal from each premises, the routes used by collection vehicles, and the times and days when the containers are emptied. "(b) Public Hearing; Type, Size, Number, and Location of Containers; Frequency and Manner of Pickup. After public hearing, preceded by at least 10 days' prior written notice mailed to all owners, tenants, and occupants of premises within the proposed commercial sanitation district at the address , of such premises, the Council may by resolution establish: "(i) The boundaries of such commercial sanitation district; "(ii) The type, size, and number of waste containers to be used by each owner, tenant, or occupant within the district, and whether the containers are to be furnished by such owner, tenant, or occupant, or by the collector; "(iii) The location of each refuse storage facility within the district and the containers that each owner, tenant,.or occupant shall use for the storage of his commercial refuse; "(iV) The frequency of pickup for each container, the routes of collecting vehicles, and the time of day when collection shall be made; "(v) The method of collection authorized by Section 9 hereof that shall be employed; Ordinance No. 711-A2 Page 3 "(vi) If either method (iii) or (iv), as set out in Sec. 9, para- graph b, of collecti:In is selected, the share of the cost thereof, or the method of computing the share of the cost thereof, to be imposed on each owner, tenant, or occupant of premises in the district; and "(vii) The effective date of establishment of the district. "A copy of such resolution shall be mailed to each owner, tenant, or occupant of premises within the district within 10 days after passage thereof. "(c) Location of Containers; Storage of Liquids. All waste containers must be located in a fully enclosed structure. No exterior storage of com- mercial refuse shall be permissible except in an accessory building completely enclosed by four walls and a roof, which shall be constructed of the same materials as the original construction and shall be designed in a manner con- forming with the original architectural design and general appearance. "All commercial refuse that accumulates on any premises shall be drained of all liquids. Those wastes having the character of solids rather than liquids in that they will not flow readily without additional liquid must be placed in sealed containers before disposal in a waste container. "Waste containers shall be maintained in a reasonably clean and sanitary condition at all times. "Sec. 10 11. Exclusive Licensee Collection; City or Contractor Collection; Replacement of Defective Containers. ----------- -- --------- ---------- "(a) Exclusive Licensee. In granting an exclusive license for collection of �iees�fiel�-gfiae e-household refuse or commercial refuse, e1! bath; the Council shall prescribe the area to be served, the intervals between collections, the schedule of charges to be imposed, and the period of time for which the license is granted. In addition, in commercial sanitation districts, -the ------- ----------------------------------- Council shall further prescribe the routes of collecting vehicles and the time of -day -or -night_ when_ collections_ shall be made. An exclusive licensee ---------------- shall have the exclusive right to collect household garbage or household refuse or commercial refuse, as the .case may be, or bath; in the area de- -- ---------- ------ scribed in the license. All charges for collection services performed by a licensee shall be payable by the party requesting the service directly to the licensee, and the Village City shall not be responsible for collection of such charges. "See--1�---�111ege-e�-6ent�8ete�-Eelleetien-- "(b) City or Contractor Collection. As to any district in which the collection refuse or commercial refuse is performed by L111age _City employees or by another under contract with the Village _C_ity, the Village City shall impose, bill and collect reasonable charges for collection services. Such charges shall be billed quarterly on or before 4uly-15 April -1,_July_l,_October_1,_and_J_a_n_ua_rY_1 of each year, and any charge not paid within 30 days ENTIRE PARAGRAPH NEW] Ordinance No. 711-A2 Page 4 shall be assessed against the lot or parcel of land on which the premises are located. The assessment shall include a penalty of 10% of the unpaid charge and shall bear interest at the rate of 61"'. per annum. The failure or inability of the Village City to collect any portion of the charges for collection services rendered under contract shall not reduce the liability of the Village City to pay the contractor the amounts specified in,the contract. Any contract for such collection services shall state the area to be served, the intervals between collections, the duration of the contract, which shall not exgeed four years, and the amounts and dates of payments to be made by the Village City. In_a commercial sanitation districti_the_contract shall --- ------------------------------- -------- further prescribe_the location2_size2_typei_and_ number _of_containers to be -------- ------ -------- used if_sup2lied_by_the-contractor, the routes of collecting vehicles, and ------------------------------- ----- the time --of_day_or_night_when_collection shall be made. ------------------------------- "(c) Defective Containers. When a container furnished by a licensee or contractor is -in poor repair, is corroded, or is otherwise defective so as to permit insects, vermin, or rodents to enter, or does not meet other requirements of this ordinance, the licensee or contractor shall be notified in writing of such deficiency by the City Planner or City Public Health Sanitarian. If the licensee or contractor does not repair or replace the defective container within one week of the date of such notice, then the City may replace the container with one of a similar type,and the cost thereof shall be deducted from any payments due to the licensee or contractor. "Sec. 12. Effective Date for Village City Contract and Exclusive License. Any contract entered into by the Village _City, and any exclusive license granted, pursuant to Seetien 9 of this ordinance, shall become effective on January_1 of any year, or on such earlier date as then existing licenses or contracts previously issued or entered into under this ordinance for the service and for the district or districts covered by such new contract or license expire or are revoked, and if more than one such license or contract shall exist as to any such district, the said new contract or exclusive license shall become effective, as to the premises served by such existing license or contract, at the time of such earlier expiration or revocation of each such existing license or contract. "Sec. 13. Cancellation of Exclusive License or Contract. Any exclusive license or contract granted or made*by the Village City for collection of heeisehold garbage of household refuse or commercial refuse, or bethT pursuant to Seetien 9 o€_this ordinance, shall be subject to cancellation by the village _City in the event of failure by the licensee or contractor to abide by the terms of this ordinance or the license or contract, and upon notice mailed tg the licensee or contractor at least15 days in advance of the date specified in the notice as the date of cancellation. Cancellation pursuant to this Section 13 shall be in addition to the remedies, provisions and penal- ties of Ordinance No. 141, which shall also apply to such exclusive licenses and contracts." Sec. 2. This ordinance shall be in full force and effect immediately upon its passage and publication. PV DORSE`Y, MARQUART, WINDHORST, WEST & HALLADAY DONALD WEST JOHN S. HIBBS 2300 FIRST NATIONAL BANK BUILDING THOMAS R. MANTHEY BRADFORD L. FERGUSON WALDO F. MAROVART ROBERT O ROTTEN WILLIAM R. HIBBS ROGER J. MAGNUSON JOHN W WINDHORST HENRY HALLADAY JOHN D LEVINE ROBERT J. STRUYK M I N N E A P O L I S, M I N N E S O TA 5 5 4 0 2 PHILIP F BOELTER WILLIAM B PAYNE J ROBERT HIBBS JAY F. COOK JULE M. HANNAFORD MICHAEL A OLSON ROBERT A HEIBERG STANLEY M. REIN ARTHUR S. WHITNEY RVSSELL W. LINDOUIST LARRY W JOHNSON THOMAS S MAY (6 i2) 340 - 2600 JOHN D. KIRBY R A SCHWARTZBAUER CHARLES L. POTUZNIK VERLANE L. ENDORF DAVID R. BRINK G IARRY GRIFFITH DAVID N FRONEK DENNIS BURATTI HORACE HITCH CRAG A BECK THOMAS W TINKHAM GEORGEANN BECKER VIRGIL H HILL DAVID L MCCUSKU CABLE' DOROW JON F TUTTLE ROBERT HOBBINS ROBERT V. TAR00X THOMAS 0. MOE TELEX: 29 - 0605 EMERY W BARTLE BARRY D GLAZER ROBERT J. JOHNSON JAMES H OHAGAN WILLIAM A JOHNS'ONE PETER HENDRIXSON M-B HASSELOUIST JOHN M. MASON TELECOPIER: (612) 340-2868 JOHN P VITKC NICK R. HAY PETER DORSEY MICHAEL W WRIGHT STEVEN K CHAM^LIN IRVING WEISER GE0RGE P. FLANNERY LARRY L. VICKREY DON D CARLSON STEPHEN GOTTSCHALK CURTIS L. ROY LOREN R KNOTT 1468 W-FIRST NATIONAL BANK BUILDING MICHAELJ RADMER THOMAS ELKINS ARTHUR E. WEISBERG PHILLIP H. MARTIN ST. PAU L, M I N N ESOTA 55101 PAUL J. SCHEEREP KENNETH J. CUTLER DUANE E JOSEPH REESE C JOHNSON (612) 227-8017 DAN F NICOL DAVID OUINLAN JAMES B. VESSEY CHARLES J HAUENSTEIN MICHAEL TRUCANO JAMES PIELEMEIER WILLIAM A WHITLOCK CHARLES A. GEER WILLIAM J KEPPEL GARY M. JOHNSON E. J. SCHWARTZBAUER THOMAS M BROWN JOHN C ZWAKMAN JOHN R WICKS JONATHAN VILLAGE CENTER KENNETHIVERSON JAMESA PLADER THOMAS W FINN LYNN KROMINGA CORNELIUS D. MAHONEY EUGENE L. JOHNSON CHASKA, MINNESOTA S5318 DAVID L BOEHNEN JAY L SENNETT THOMAS S ERICKSON WILLIAM C BABCOCK JOHN W WINDHORST..14 MICHAEL PRICHARD (612) 448-4012 LAWRENCE R.OL-VFR FRANK H. VOIGT MICHAEL E BRESS WILLIAM R SOTH - WILLIAM E MARTIN RAYMOND A. REISTER RICHARD G. SWANSO.. WILLIAM H. HIPPEE. JR JOHN J TAYLOR FAITH L OHMAN 115 THIRD STREET SOUTHWEST ROBERT A. BURNS OF COUNSEL BERNARD G. HEINZEN DAVID A.RANHEIM ROCHESTER, MINNESOTA 55901 TINIA BEITZ GEORGE E-ANDERSON WILLIAM J. HEMPEL ROBERT J SILVERMAN (507) 28 8 - 3156 MWHFL A LAFOND ROBERT L VANFOSSEN April 14, 1976 Ms. Florence B. Hallberg Edina City Clerk 4801 West 50th Street Edina, Minnesota 55424 Re: Ordinance No. 1401-A3 Dear Florence: Enclosed is a copy of the proposed ordinance establishing park- ing for the physically handicapped. This is to be placed on the agenda for the April 19 meeting of the Council. TSE/abc Enclosure Very truly yours, Thomas S. Erickson cc: Mr. Francis Hoffman, Assistant City Engineer >Mr. Warren C. Hyde, City Manager Acting Chief of Police Bert Merfeld [All new provisions] ORDINANCE NO. 1401-A3 AN ORDINANCE AMENDING THE EDINA TRAFFIC CODE TO PROVIDE FOR PARKING FACILITIES FOR THE HANDICAPPED, TO PROVIDE RESTRICTIONS ON THE USE OF SUCH FACILITIES, AND PRESCRIBING A PENALTY THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. A new Part 22 is hereby added to Ordinance No. 1401, as follows: "22. Parking Spaces for the Physically Handicapped. "22.01 Definitions. The following words and terms as used in this Part 22 shall have the following meanings unless the context clearly indi- cates otherwise: " 'Identifying certificate' means the certificate or insignia issued to physically handicapped persons by the Minnesota Department of Public Safety pursuant to Minnesota Statutes, Section 169.345. " 'Physically handicapped' means any person who has sustained an amputation or permanent material disability of either or both arms or legs, or who has been otherwise permanently disabled in any manner rendering it difficult and burdensome to walk. "22.02 Designation and Signing of Parking Spaces. "(a) Any person, corporation, organization, or governmental subdivision may designate, and reserve for use by physically handicapped persons, pursuant hereto, parking spaces upon property owned or controlled by the party making such designation and reservation. . "(b) Parking spaces hereafter designated and reserved for the physically handicapped shall be not less than 12 feet in width and located as near aspracticable to the entrance of the building that is most easily usable by physically handicapped persons. "(c) Designation and reservation of such parking spaces hereafter shall be made by the posting of permanent, nonportable signs conforming to the requirements of the manual on Uniform Traffic Control Devices for Streets and Highways as adopted by the Minnesota Commissioner of Highways. "(d) No person shall hereafter erect or cause to be erected signs designating and reserving parking spaces for physically handicapped persons unless the location, number, and method of signing of such spaces is first approved by the City Planner or an appointed representative. Ordinance No. 1401-A3 Page 2 "22.03 Parking Restrictions. "(a) The provisions of this Part 22 shall apply to all parking spaces designated and reserved for physically handicapped persons on both public and private property and whether designated and reserved pursuant to applicable statutes, regulations, or ordinances, or voluntarily done. "(b) No person shall park a motor vehicle in parking spaces desig- nated and reserved for the physically handicapped unless: "(1) That person is physically handicapped or is operating a vehicle under the direction and for the use of a physically handicapped person; and "(2) Such vehicle has displayed prominently upon it a duly issued and valid identifying certificate." "22.04 Penalty. "(a) Any violation of this Part 22 shall be a petty misdemeanor. "(b) Any unoccupied vehicle found violating the provisions of this Part 22 may be removed and impounded pursuant to City of Edina Ordinance No. 1403. Sec. 2. This ordinance shall be in full force and effect upon its passage and publication. DORSEY, MARQUART, WINDHORST, WEST 8, HALLADAY DONALD WEST WILLIAM J. HEMPEL 2300 FIRST NATIONAL BANK BUILDING FAITH L OHMAN WILLIAM E. MARTIN WALDO F. MAROUART JOHN S HIBBS DAVID A FANHEIM WILLIAM H. HIPPEE.JR. ST JOHNHENRY ROBEJOHNR0. OLEVINETEN J NAN ROBERTWILLIAM STEPHEN G. SHANK HALLAOANDHOYR M I N N E A P O L I S, M I N N E S O TA 55402 H BBS WILLIAM R NIB BS ROBERT A. BURNS JULE M. HANNAFORO ROBERT J. STRUYK JOHN D- KIRBY TON] A BEITZ ARTHUR B. WHITNEY MICHAEL A. OLSON PHILIP F. BOELTER MICHEL A. LAFOND RUSSELL W LINDOUIST LARRY W. JOHNSON (612) 340- 2600 WILLIAM B. PAYNE BRADFORD L FERGUSON DAVID R. BRINK THOMAS S. MAY CABLE: DORO W JAN STUURMANS ROGER J. MAGNUSON HORACE HITCH G. LARRY GRIFFITH R. A. SCHWARTZBAUER J. ROBERT HIBBS VIRGIL H. HILL CRAIG A BECK TELEX: 29-0605 STEVEN K. CHAMPLIN JAY COOK ROBERT V TARBOX DAVID L MCCUSKEY TELEGO PIER:(612) 340-2B68 DAVID N.FRONEK STANLEY REIN ROBERT J. JOMNSON THOMAS 0 MOE THOMAS W TINKHAM CHARLES L. POTUZNIK M. B. HASSELOUIST JAMES H OHAGAN JON F. TUTTLE VERLANE L ENCORF RE TER DORSEY JOANM MASON RST NA 146E W-FIRST RST NATIONAL BANK BUILDING ROBERT A HEIBERG DENNIS BURATTI GEORGE P. FLANNERY MICHAEL W WRIGHT . STLMINNESOTA EMERY W BARTLE GEORGEANN BECKER CURTIS L ROY LARRY L. VICKREY , (612) 227- 8017 MICHAEL J RADMER ROBERT HOBBINS ARTHUR E. WE ISBERG LOREN R KNOTT PAUL SCHEERER BARRY D. GLAZER DUANE E. JOSEPH PHILLIP H. MARTIN _ CURTIS L STINE PETER HENDRIXSON JAM ES B. VESSEY RE E SE C JOHNSON MICHAEL TRUCANO KICKY HAY WILLIAM A WHITLOCK CHARLES J HAUENSTEIN JONATHAN VILLAGE CENTER WILLIAM J. KEPPEL IRVING WEISER E. J. SCHWARTZBAUER CHARLES A GEER CHASKA, MINNESOTA 55318 JAMES A FLADER STEPHEN GOTTSCHALK THOMAS M. BROWN JOHN C. ZWAKMAN (612) 448-4012 WILLIAM A JOHNSTONE THOMAS ELKINS CORN ELIUS D. MAHONEY JOHN R. WICKS WILLIAM E BOWEN THOMAS S. ERICKSON EUGENE L. JOHNSON WILLIAM P LUTHER WILLIAM C. BA13COCK JOHN W WINDHORST,JR, DOUGLAS D MCFARLAND OF COUNSEL MICHAEL E. BRESS MICHAEL PRICHAPO 115 THIRD STREET SOUTHWEST DAVID L. BOEHNEN DAVID E. BRONSON RAYMOND A REISTER WILLIAM R. BOTH ROCHESTER, MINNESOTA 55901 ALAN D. GILLILAND LEAVITT R BARKER JOHN J. TAYLOR THOMAS R. MANTHEY (507) 288 -3156 LAWRENCE R. OLIVER GEORGE E. ANDERSON BERNARD G. HEINZEN RICHARD G. SWANSON FRANK H. VOIGT ROBERT L. VANFOSSEN June 26, 1975 The Honorable Members of the City Council Mr. Warren C. Hyde, City Manager City of Edina 4801 West 50th Street Edina, Minnesota 55424 Re: Prohibition of Massage Parlors and Escort Services Dear Council Members and Mr. Hyde: The Council has asked for our opinion as to whether the city, by ordinance, may validly prohibit the establishment and operation of massage parlors and escort services within the City of Edina. The general rule is well settled by a great many cases dealing with almost every type of enterprise, trade, occupation and profession, that municipalities, by virtue of their police powers, have the right to regulate any and all kinds of businesses in order to protect the public health, morals and welfare, subject to the restrictions of reasonableness. 16 Am. Jur.2d, Constitutional Law, §313; Power v. Nordstrom, 150 Minn. 228, 184 N.W. 967 (1921). Furthermore, it is also well settled that whenever it is necessary for the preservation of the public health or morals, or for the promotion of the general welfare of the community, a municipality may pro- hibit absolutely the carrying on of any particular business, calling, trade or enterprise. Great Atlantic & Pacific Tea Co. v. Grosjean, 301 U.S. 412, 81 L. Ed. 1193, 57 S. Ct. 772 (1936). Based on these general legal principles, the answer to your question depends upon whether it is necessary to totally prohibit massage parlors and escort services within the City of Edina in order to protect public morals and preserve the general welfare of the community from the illegal activities that have often surrounded these types of businesses. The United States District Court for the Northern District of Texas was confronted with this question in DORSEY, MARQUART, WINDHORST, WEST & HALLADAY The Honorable Members of the City Council Mr. Warren C. Hyde, City Manager Page 2 June 26, 1975 the context of an ordinance prohibiting any person from performing massages on persons of the opposite sex in Corey v. City of Dallas, 352 F. Supp. 977 (1972). That court first noted that the United States Supreme Court had held that the right to pursue a legitimate business or occupation was a fundamental right conferred by the United States Constitution. New State Ice Co. v. Liebmann, 285 U.S. 262, 52 S. Ct. 371, 76 L. Ed. 747 (1932). The court in Corey then went on to point out that since the Dallas ordinance affected the fundamental right to work, the city was forced to show a compelling governmen- tal interest in enforcing the ordinance in order for it not to violate the Fourteenth Amendment to the United States Constitution. The court concluded that such an interest was lacking due to the fact that there were alternative, less onerous methods available to the City of Dallas to achieve the true objective of the ordinance, i.e., to prohibit illegal sexual conduct under the guise of administering massages. The alternatives mentioned by the court were the enforcement of state criminal statutes and city ordinances which prohibit lewd and immoral conduct, and the regulation of massage parlors through reasonable licensing and regulating ordinances. Although the decision of the district court in Corey was reversed on appeal based on a jurisdictional issue in the case, we find the reasoning of the court concerning the constitutional issue to be compelling. We are, therefore, of the opinion that while the City of Edina may by ordinance license and otherwise reasonably regulate the establishment and operation of massage parlors and escort services, it may not constitutionally prohibit them entirely within the city. We have, therefore, prepared, and there is enclosed herewith, a proposed ordinance regulating sauna and massage parlors and escort services. This ordinance will supersede existing Ordinance No. 1352. Very truly yours, Tho as S. Erickson TSE:pr ORDINANCE NO. 1353 AN ORDINANCE LICENSING AND REGULATING PHYSICAL CULTURE AND HEALTH SERVICES AND CLUBS, REDUCING CLUBS AND SALONS, MASSAGE PARLORS, SAUNA PARLORS, AND ESCORT SERVICES; REGULATING AND LICENSING PERSONS WHO PERFORM MASSAGES AND ESCORT SERVICES; REPEALING ORDINANCE NO. 1352; AND IMPOSING A PENALTY THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Definitions. For the purposes of this ordinance, the following terms shall have the following meanings unless the context clearly indicates otherwise. (a) "Physical culture and health service", "physical culture and health club", "reducing club", "reducing salon", and "massage parlor" mean any building, room, structure, place or establishment other than a hospital, sanatorium, rest home, nursing home, boarding home or other institution for the hospitalization or care of human beings, duly licensed under the provisions of Minnesota Statutes,Sections 144.50 through 144.69, inclusive, where non- medical and non -surgical manipulative exercises or massages are practiced upon the human body for a fee or other valuable consideration by anyone not duly licensed by the State of Minnesota to practice medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry, with or without the use of mechanical, therapeutic, or bathing devices. (b) "Sauna parlor" means any building, room, structure, place or establishment containing a room or rooms used by the public for bathing, relax- ing or reducing purposes utilizing steam or hot air as a cleaning, relaxing or reducing agent. (c) "Escort service" means any business which provides male or female accompaniment services to its customers for a fee or other valuable consideration. (d) "Massage" means the rubbing, pressing, stroking, kneading, tapping, rolling, pounding, vibrating, or stimulating the superficial parts of the human body with the hands or any instrument. Sec. 2. Business License Required. No person, corporation, partnership, or other organization shall operate a physical culture and health service or club, reducing club or salon, sauna parlor, massage parlor, or escort service within the City, either exclusively or in connection with any other operation or enterprise, unless such business is currently licensed under this ordinance. For purposes hereof, a business is operating within the City, regardless of whether the business premises are actually located within the corporate limits of the City, if the business premises serves as a point of assignment for employees who perform services within the corporate limits of the City, including, but not limited to, telephone referral businesses. Sec. 3. Individual License Required. No person shall perform massage or escort services within the City for a fee or other valuable consideration unless currently licensed under this ordinance. The licensee shall carry, and display on request of any police officer, his or her license while within the City. Sec. 4. License Applications and Procedure. Every application for a license under this ordinance shall be made on a form supplied by the City and shall be filed with the City Clerk. The provisions of Ordinance No. 141, including the penalty provisions thereof, shall apply to all licenses required by this ordinance and to the holders of such licenses. In addition to the information required by said Ordinance No. 141, the application for a license under this ordinance shall contain the following information. (a) Business Licenses: 1. Whether the applicant is a natural person, a corporation, a vartnership, or other form of organization. 2. If the applicant is a natural person: a. The true name, place and date of birth, current address and telephone number of the applicant. b. Whether the applicant has ever used or has been known by a name other than his true name; and if so, such name or names and information concerning dates and places where used. c. A specific statement as to the type and nature of the business to be licensed d. The name of the business, if it is to be conducted under a name other than the full individual name of the -2- applicant, in which case.a certified copy of the cer- tification required by Minnesota Statutes,Chapter 333, shall be attached to the application. e. The addresses at which the applicant has lived during the previous five years. f. The kind, name and location of every business or occupa- tion in which the applicant has been engaged during the preceding five years. g. The names and addresses of the applicant's employer(s) and partner(s), if any, who were such at any time during the preceding five years. h: Whether the applicant has ever been convicted of any felony, crime, or violation of any ordinance other than traffic ordinances; and, if so, information as to the time, place and offense for which convictions were had. i. The physical description of the applicant and attaching a recent photograph of the applicant showing both front and side views. J. A statement of the training and experience possessed by the applicant related to the operation and affairs of the business to be licensed. 3. If the applicant is a partnership: a. The names and addresses of all partners and all informa- tion concerning each partner as is required of an individual applicant under paragraph (a)2 of this Section 4. b. The name(s) of the managing partner(s), and the interest of each partner in the business. c. A true copy of the partnership agreement under which the applicant exists shall be submitted with the application. If the partnership is required to file a certificate as to trade name under the provisions of Minnesota Statutes, Chapter 333, a certified copy of such certificate shall also be attached. 4. If the applicant is a corporation or other organization: a. The name of the applicant, and if incorporated, the state of incorporation. -3- b. A true Certificate of Good Standing, dated as of a current date, and true copies of the Articles of Incorporation or Association Agreement and By -Laws shall be attached to the application. If a foreign corporation, a Certificate of Authority issued pursuant to Minnesota Statutes, Chapter 303, shall also be attached. c. The name of the person(s) who is to manage the business and all information concerning said person(s) as is required of an individual applicant under para- graph (a)2 of this Section 4. d. The names of all officers, directors and persons who control or own an interest in excess of five,percent (5%) in such corporation or organization,and.all information concerning said persons as is required of an individual applicant under paragraph (a)2 of this Section 4. 5. The location of the business premises. 6. Whether the applicant is licensed in other communities, or has been denied a license, to conduct any of the activities required to be licensed hereunder; and if so, when and where the applicant was so licensed or denied a license. 7. The names and addresses of those individuals to be licensed and employed by the applicant and who may work within the City. 8. The names, residences and business addresses of three residents of Hennepin County, not related to the applicant or financially interested in the business to be licensed, who may be referred to by the City for information as to the applicant's character. If the applicant is a partnership, three such names shall be supplied for each partner, and if the applicant is a corporation or other organization, three such names shall be supplied for each officer of the applicant and manager of the business. (a) Individual Licenses. All the information required under subpara- graphs 2, 6 and 8 of paragraph (a) of this Section 4, together with the name and location of any business licensed or to be licensed under this ordinance by which the applicant will be employed, shall be required of applicants for an individual license. -4- Sec. 5. Execution of Application. All applications for any license under this ordinance shall be signed and verified by the oath of the applicant. If the application is that of a natural person, it shall be signed and verified by such person; if by a partnership, by at least two partners; if by a corpora- tion, by an officer thereof; and if by an unincorporated association, by the manager or managing officer thereof. Any falsification of information on any license application shall result in the denial of the license applied for, and shall constitute adequate grounds for the suspension or revocation of'any license issued to the applicant therefor. Sec. 6. License and Investigation Fees. (a) License Fees. Each application for a license or renewal license shall be accompanied by payment in full of the required license fee. The fee for an individual license shall be $25. The fee for a business license shall be $200. Upon rejection of any application for a license, the City Clerk shall refund the amount paid. (b) Investigation Fees. At the time of each original application for a business license, there shall be paid in full an investigation fee of $300.00, no part of which shall be refundable. Sec. 7. Investigation. All applications shall be referred by the City Clerk to the Police Department and to such other city departments as the City Mana- ger shall deem necessary, for investigation of the character of the applicant and verification of the facts set forth in the application. Within 30 days after the date of the application, the Chief of Police or his deputy and any other consultants shall submit a written recommendation to the City Manager as to issuance or nonissu- ance of the license, setting forth the facts upon which such recommendation is based. Sec. 8. Approval or Denial of Application. Within 45 days after the date of the application, the City Manager or his deputy shall either approve or deny the application and shall notify the City Clerk in writing of his decision. If the application is approved, the City Clerk shall issue the license. If the application is denied, the City Clerk shall furnish written notice of such denial to the applicant, together with the reason or reasons for denial. In addition to the reasons set forth in Section 4 of Ordinance No. 141, a license hereunder may also be denied for any of the following reasons: (a) If an individual applicant is under the age of 18; (b) If the applicant, or any one or more of the principal officers, managers, directors, shareholders or owners, if a corporation or association, or any one or more partners, if a partnership, have been convicted of a felony, or have been convicted of any illegal conduct involving moral turpitude, dis- honesty, fraud, deceit or misrepresentation; (c) If the business to be licensed is not permitted by Ordinance No. 811 upon the premises described in the application; Q.12 (d) If the premises described in the application for a business license fail to comply with the requirements of Section 15 hereof. Sec. 9. Renewal Applications. Not less than 20 nor more than 30 days prior to the expiration of any license issued hereunder, any license holder desiring to renew the same shall submit a written application therefor to the City Clerk on forms provided by the City together with payment in full of the same license fee as required for the original license. Such renewal application shall be forwarded to the City Manager or his deputy who shall, within 10 days after the date of such renewal application, either approve or deny the application and shall notify the City Clerk in writing of his decision. The ,City Clerk shall thereupon issue the license or, in case of denial, notify the applicant in writing of such denial setting forth the reason or reasons therefor. Sec. 10. Appeal to Council. Any applicant may appeal from denial of a license or renewal of a license by filing a written notice of appeal to the City Council in the office of the City Clerk within 30 days after such denial. Such appeal shall be heard by the City Council within 30 days after such notice is filed and opportunity shall be given to any person to be heard in favor of or opposing the issuance or renewal of the license. The City Council may order and conduct such additional investigation as it deems necessary. Any licensee is authorized to continue to operate until final action by the City Council upon his renewal application. Sec. 11. License Not Transferrable; Duration. Each license shall be issued to the applicant only and shall not be transferrable to another holder. All licenses issued pursuant to this ordinance shall be effective for one year from the date of issuance. ,Sec. 12. Suspension or Revocation of License. The City Council may suspend for any period not exceeding 60 days, or revoke, any license issued pur- suant to this ordinance upon a finding of violation of any provision of this ordinance or upon violation of any other ordinance, statute or regulation affect- ing the activities covered by this ordinance. Any conviction for prostitution or any other crime or violation involving moral turpitude shall result in the revocation of any license issued hereunder. Except in the case of a suspension. pending a hearing on revocation, revocation or suspension by the City Council shall be preceeded by written notice to the licensee of a hearing thereon. The notice may be served upon the licensee personally or by mailing the same to the business or residence address set forth in the application or on file with the City Clerk. The notice shall give at least 10 days' notice of the time and place of the hearing and shall state the nature of the charges against the licensee. Sec. 13. Hours of Operation. No business licensed hereunder shall be open for business, nor shall any persons or customers be permitted on the premises, between the hours of 1:00 A.M. and 8:00 A.M. of each day. Sec. 14. Practices Prohibited. No person shall perform a massage for a fee or other consideration at any place other than a physical culture and health service, physical culture and health club, reducing club, reducing salon, sauna parlor or massage parlor duly licensed hereunder. No person shall solici massage or escort services in any public place within the City. Sec. 15. Construction Requirements. No business license shall be issued for other than an escort service unless the premises to be used for such operation shall comply with the following requirements: (a) All rooms utilizing steam or hot air as a cleaning, relaxing or reducing agent, and all restrooms, changing rooms and bathrooms used in connec- tion therewith, shall be constructed with materials impervious to moisture, bacteria, mold and fungus growth. Floor to wall and wall to wall joints shall be constructed so as to provide a sanitary cove with a minimum radius of 3/8 inch. (b) All public restrooms shall be provided with mechanical ventilation with 2 cfm per square foot area, a minimum of 15 foot candles of illumination, a hand washing sink equipped with hot and cold running water under pressure, sanitary towels with dispensers and soap with dispensers. (c) Each such operation shall have a janitorts closet for the storage of cleaning supplies with a mop sink, mechanical ventilation with 2 cfm per square foot area and a minimum of 15 foot candles of illumination. (d) Individual lockers shall be provided for use by customers and shall have separate keys for locking. Sec. 16. Maintenance; Sanitary Conditions; Communicable Disease. (a) All businesses licensed hereunder shall at all times be kept in a clean and sanitary condition. (b) All instruments and mechanical, therapeutic, and bathing devices or parts thereof that come into contact with the human body at all times shall be kept clean and sanitary. (c) No towels and linens furnished for use by one patron shall be furnished for use by another until thoroughly laundered. -7- (d) All masseurs and masseuses shall wash their hands thoroughly before each massage. (e) No person suffering from a communicable disease shall work or be employed in a licensed business. No person suffering from a communicable disease to the knowledge of the owner, custodian, or employees of a licensed business shall be accommodated as a partron therein. Sec. 17. Inspection. Each business required to be licensed here- under shall at all times be held open for inspection by duly authorized representatives of the City.. Sec. 18. Barber Shops and Beauty Salons Exempted. Barber shops and beauty salons which do not give, or hold themselves out to give, massages, other than is customarily given in such shops and salons for the purpose of facial beautification only shall not be subject to the provisions of this ordinance. Sec. 19. Penalty. Any person violating this ordinance shall be guilty of a misdemeanor and subject to a fine of not exceeding $300 or imprisonment for a period of not exceeding 90 days, with costs of prosecution in either case to be added. Such penalty may be imposed in addition to revocation or suspension of a license. Sec. 20. Repealer. Ordinance No. 1352 is hereby repealed in its entirety. Sec. 21. This ordinance shall be in full force and effect immediately upon its passage and publication. Mayor ATTEST: City Clerk DORSEY, WINDHORST, HANNAFORD, WHITNEY &. HALLADAY JOHN W. WINDHORST ROBERT J. STRUYK HENRY HALLADAY MICHAEL A OLSON JULE HANNAFORD LARRY W JOHNSON ARTHUR B. WHITNEY THOMAS S. HAY RUSSELL W. LINDQUIST G. LARRY GRIFFITH DAVID R. BRINK CRAIG A. BECK HORACE E HITCH DAVID L McCUSKEY VIRGIL H. HILL THOMAS O. MOE ROBERT V TAR JAMES H. O'HAGAN ROBERT J. JO HNSON JOHN M.MASON MAYNARD B. HASSELOUIST MICHAEL W WRIGHT PETER DORSEY LARRY L. VICKREY GEORGE P. FLANNERY LOREN R.KNOTT CURTIS L. ROY PHILLIP H. MARTIN ARTHUR E. WEISBERG REESE C JOHNSON ❑LANE E. JOSEPH CHARLES J. HAUENSTEIN DAMES B. VESSEY CHARLES A. GEER WILLIAM A_ WHITLOCK JOHN C. ZWAKMAN EDWARD J. SCHWARTZDAUER JOHN R WICKS THOMAS M. BROWN EUGENE LJOHNSON CORNELI US D. MAHONEY. JR. JOHN W. WINDHORST, JR. WILLIAM C. BABCOCK MICHAEL PRICHARD THOMAS S. ERICKSON WILLIAM R. SOTH MICHAEL E. BRESS RICHARD G SWANSON RAYMOND A_ REISTER FAITH L.OHMAN JOHN J_TAYLOR DAVID A. RANHEIM 13ERNARD G. HEINZEN ROBERT J. SILVERMAN WI LLIAM J. HEMPEL THOMAS R.MANTHEY JOHN S. HIBBS WILLIAM R. HIBBS ROBERT 0. FLOTTEN PHILIP F. BOELTER JOHN D. LEVINE WILLIAM B. PAYNE 2300 FIRST NATIONAL BANK BUILDING M 1 N N E A R O L I S, M I N N E S O TA 55402 (612) 340-2600 CABLE: DOROW TELEX: 29-0605 TELECOPIER:(612) 340-2868 146E W—FIRST NATIONAL BANK BUILDING ST. PAUL,MINNESOTA 55101 (612) 227-8017 115 THIRD STREET SOUTHWEST ROCHESTER, MINNESOTA 55901 (507) 288-3156 June 29, 1976 Mr. Greg J. Luce, Executive Director Edina Housing and Redevelopment Authority 4801 West 50th Street Edina, Minnesota 55424 ROBERT A. HEIBERG ROBERT L. HOBBINS JOHN D KIRBY BARRY D. GLAZER ROBERT A SCHWARTZBAUER PETER S. HENDRIXSON DAVID N_ FRONEK NICK R. HAY THOMAS W. TINKHAM IRVING WEISER JON F. TUTTLE STEPHEN E_GOTTSCHALK EMERY W. BARTLE THOMAS W ELKINS WILLIAM A JOHNSTONE KENNETH L CUTLER STEVEN K. CHAMPLIN DAVID M. QUINLAN MICHAEL J. RADMER JAMES R. PIELEMEIER MICHAEL TRUCANO GARY M. JOHNSON JOHN P. VITKO THOMAS W. FINN DON D. CARLSON JAY L BENNETT PAUL J. SCHEERER ROBERT G. SAYER DAN F. NICOL SUZANNE B. VANDYK KENNETH A IVERSON STUART R. HEMPHILL JAMES A. FLADER J. DAVID JACKSON DAVID LBOEHNEN W. CHARLES LANTZ WILLIAM E. MARTIN DOUGLAS E. RAY FRANK H. VOIGT STEVEN F. WOLGAMOT WILLIAM H. HIPPEE, JR. J. MARQUIS EASTWOOD ROBERT A. BURNS EDWARD J. PLUIMER MICHEL A. LAFOND KENNETH W. ERICKSON ROGER J. MAGNUSON OWEN C. MARX J. ROBERT HIBBS JAMES E. BOWLUS JAY F. COOK STANLEY M. REIN OF COUNSEL CHARLES L POTUZNIK DONALD WEST VERLANE L ENDORF WALDO F MAROUART DENNIS P. BURATTI GEORGE E. ANDERSON GEORGEANN BECKER ROBERT L. VANFOSSEN Re: Ordinance No. 1212-Ai Assessment of Maintenance Charges for 50th & France Conmercial Area Dear Greg: I enclose a proposed form of ordinance for the assessing of main- tenance charges for the 50th & Prance area against the properties within that area benefited by the work done. This ordinance is authorized by Minn. Stat. 5429.101. In con- nection with this ordinance, I call your attention to the following: 1. The statute talks in terms of snow removal from, repair and trimming of trees on, and repair of, sidewalks and alleys. The ordinance also refers only to sidewalks and alleys. For purposes of application to the 50th & France area, we can define the word "sidewalks" to include the public malls and walkways. There is no definition of sidewalks within the statute, but the purpose of the statute is to allow costs of maintenance and repair to be assessed against properties benefited by the repair and maintenance work. In the 50th & France area, all of the commercial properties can arguably benefit from the work done on all the sidewalks, including the malls and walkways. Therefore, it would appear that the inclusion of the public malls and walkways within the term "sidewalks" is a justifiable exten- sion of the language of the statute, if in fact it be an extension at all. 2. The ordinance provides that part of the cost that can be assessed is for the `operation, including maintenance, of lighting systems for streets and sidewalks." The statute, again, uses only the language "operation of a street lighting system...." However, again, operation - would appear to include maintenance, and the lighting of the sidewalks would appear to be a necessary corollary to the use of the word "street." DORSEY, WINDHORST, HANNAFORD, WHITNEY & HALLADAY Mr. Greg J. Luce Page 2 June 29, 1976 3. The ordinance does not cover or include the maintenance of, including snow removal from, the public parking ramp or the public parking lots. This is not allowed by the language of the statute or a justifiable extension of, or inference from, its language. However, neither is an assess- ment for maintenance of the public parking ramps or lots allowed by Chap. 429, generally, relating to special assessments for local improvements. Also, such assessment is not allowed by Minn. Stat. 6459.14, for automobile parking facilities. By that statute, the cost of "providing" and the cost of "acquisition, construction, or improvement" of automobile parking facilities is allowed, but not for maintenance. Also, the present ordinance does not allow for cost of trimming trees on private property. However, I do not understand that to be a concern in the 50th & France area. As I discussed with Dave Schnobrich on June 28, it is my under- standing that the present proposal is for the City to do the necessary maintenance work in the area each year and then to assess out a certain percentage of that total cost, say, 70%, against the benefited properties. It is my further understanding that the percentage not to be assessed, approximately 30%, could be allocated to those items of maintenance that cannot be assessed, i.e., maintenance, including snow removal, from public parking ramps and the public parking lots. If that system is workable, as you see it, then the use of this ordinance would substantially simplify the annual assessment procedure for maintenance work in the 50th & France area. If this ordinance appears to be an acceptable way of handling the 50th & France maintenance areas, then I suggest that it be forwarded to the City Council for its review and consideration in lieu of the improvement hearing presently being considered. I also understand that special police protection is desired by the 50th & France business owners. Such a cost is not normally assessable. It would seem a better way to contract with individual owners for payment for extra police protection. If that suggestion has merit, please advise, and we can discuss it further. If you have any questions, please advise. Very truly yours, TSB/abc Th m;s S. Erickson Enclosure cc: Mr. Warren C. Hyde, City Manager ORDINANCE NO. 1212-Al AN ORDINANCE AMENDING ORDINANCE NO. 1212 TO PROVIDE FOR THE REMOVAL OF SNOW, ICE, AND RUBBISH FROM SIDEWALKS, WEED ELIMINATION FROM STREETS AND PRIVATE PROPERTY, REMOVAL AND ELIMINATION OF PUBLIC HEALTH AND SAFETY HAZARDS FROM PRIVATE PROPERTY, TRIMMING, CARE, AND REMOVAL OF TREES, REPAIR OF SIDEWALKS AND ALLEYS, AND OPERATION, INCLUDING MAINTENANCE, OF A STREET AND SIDEWALK LIGHTING SYSTEM, AND FOR THE COLLECTION OF THE COST OF SUCH WORK AS A SPECIAL ASSESSMENT AGAINST PROPERTY WITHIN THE 50th & FRANCE COMMERCIAL AREA THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Ordinance No. 1212 is hereby amended by adding a new Section 4, as follows: [ENTIRE "Sec. 4. Work Within the 50th & France Commercial Area. SECTION NEW] "(a) Pursuant to Minnesota Statutes, Section 429.101, the City Manager, from time to time, either annually or at shorter intervals, may order any one or more of the following items of work to be done in the 50th & France Commer- cial Area: "(1) Removal of snow, ice, and rubbish, including litter, from sidewalks. "(2) Elimination of weeds from any and all streets, sidewalks, and private property. "(3) Removal or elimination of any public health or safety hazards from private property. "(4) Trimming and care of trees and the removal of unsound trees within public ways, boulevards, or sidewalks. 11(5) Repair of sidewalks and alleys. 11(6) Operation, including maintenance, of lighting systems for streets and sidewalks. "(b) For purposes hereof, the 50th & France Commercial Area shall be the area within the City of Edina included within the plan prepared by the Housing and Redevelopment Authority of Edina, Minnesota, entitled '50th & France Commercial Area Plan,' dated December 3, 1974. "(c) The provisions of Sec. 1 and Sec. 2 of this Ordinance (except the first sentence of Sec. 1) shall apply to work ordered to be done pursuant to this Sec. 4, except that the costs to be reported to the City Clerk may be those then actually incurred or those to be incurred. (N.B. Deletions are lined out [----- ]; additions are underlined or noted as new paragraphs entirely.) DORSEY, MARQUART, WINDHORST, WEST & HALLADAY DONALD WEST RAYMOND A. REISTER 2400 WALDO F MAROUART JOHN J. TAYLOR FIRST - NATIONAL BANK ®U I L. D I N G JOHN W WINDHORST, JR. DOUGLAS 0. McFARLAND MICHAEL PRICHARD DAVID L SOEHNEN JOHN W WINDHORST BERNARD G HEINZEN WILLIAM R. BOTH ALAN D. GILLILAND HENRY HALLADAY WILLIAM J. HEMPEL M I N N E A. P O L I S, M I N N E S O TA 55402 THOMAS R. MANTHEY LAWRENCE R. OLIVER JULE M-HANNAFORD JOHN S. HIBBS RICHARD G. SWANSON FRANK H-VOIGT ARTHUR S. WHITNEY ROBERT O. FLOTTEN RUSSELL.W LINDOUIST JOHN O. LEVINE -R. FAITH L OHMAN WILLIAM E. MARTIN (612) 340— 2600 DAVID A. RANHEIM WILLIAM H HIPPEE. JR DAVID BRINK ROBERT J STRUYK HORACE HITCH MICHAEL A OLSON CABLE: DORO W ROBERT J. SILVERMAN STEPHEN G. SHANK VIRGIL H. HILL LARRY W JOHNSON WILLIAM R. HIBBS - ROBERT A BURNS TELE'X:.29 —0605 JOHN D. KIRBY TONI A. BEITZ ROBERT V TARBOJOHNS THARROMASHAY ROBERT J JOH NSON G. LARRY GRIFFITH TELECO PI ER: (6121340-2868 PHILIP F. BOELTER - MICHEL A LAFOND M.B. HASSELO UIST CRAIG A. BECK WILLIAM B. PAYNE BRADFORD L FERGUSON JAN STUURMANS .ROGER J. MAGNUSON PETER'DORSEY DAVIDL McCUSKEY 1468 W—FIRST NATIONAL BANS BUILDING R.A.SCHWARTZBAUER J. ROBERT HIBBS GEORGE P FLANNERY THOMAS 0. MOE ST. PAW L, M I N N ESOTA 55101 DAVID N. FRONEK CURTIS L. ROY JAMES H OHAGAN (612) 227— 8017 THOMAS W. TINKHAM ARTHUR E. WEISBERG JOHN M. MASON JON F.TUTTLE DUANE E.JOSEPH MICHAEL W WRIGHT FREDERICK E LANGE LARRY L Y - '- ROBERT A. HE? ERG DAMES B. VESSEY LOREN R.KNOTT KNOTT JONATHAN VILLAGE CENTER EMERY W BARTLE MICHAEL') RADMER "WILLIAM A WHITLOCK. PHILLIP H. MARTIN CHAS KA, MI N N ESOTA 5.5318 CURTIS L. STINE E. J. SCFWARTZBAUER REESE C. JOHNSON THOMASMICHAEL M. BROWN CHARLES J. HAUENSTEIN (612) 448-4012 TRUCANO WILLIAM J KEPFEL OF COUNSEL CORNEL CORNELIUS D. MAHONEY CHARLES A GE ER THOMAS S. ERICKSON JOHN C. ZWAKMAN JAMFS A. FLADER DAVID E BRONSON 1.15THIRD STREET SOUTHWEST WILLIAM A. JOHNS LEAVITTR BARKER WILLIAM C. BABCOCK. JOHN R WICKS MICHAEL E. BRESS EUGENE L. JOHNSON ROCHESTER, MINNESOTA 55901 WILLIAM E. BOWEN GEORGE E'. ANDERSON (507) 288 —3166 WILLIAM P LUTHERROBERT L. VANFOSSEN May 20, 1970 Mr. Greg J. Luce Ldina City Planner 4801 West 50th Street Edina, Minnesota 5542'. Re: Ordinance No, 1031-Al Dear i reg. In response to Mr. Hyde's request, we have prepared and enclose an amendment to Ordinance No. 1031. This amendment declares as a nuisance the.parking or storing of recreational vehicles in residential districts for periods in excess of 24 consecutive hours. It is obvious that someone who desired to avoid the ordinance would only have to move his vehicle every so often (every 24 hours, more or less). however, that may become burden- some, and in any event, the policy is established. Please feel scree to make such changes and additions as you think desirable. Very truly yours TSE/abc, Thomas S. Erickson Enclosure cc: Mr. Warren C. Hyde ... .... .... .. .:,. ,. .. . S � - ... .. �.. Ordinance No. 1212-Al Page 2 "(d) On or before September 15 of each year, the Clerk shall prepare an assessment roll assessing all costs of such work incurred or to be incurred and reported to the Clerk against each separate lot or parcel of land within the 50th & France Commercial Area, in proportion to the benefits conferred upon such lots or parcels. The Council thereupon shall examine such assess- ment roll submitted by the City Clerk and, if satisfactory, shall call a public hearing and levy special assessments for such work in accordance with Minnesota Statutes, Section 429.061. All such special assessments shall be payable in a single installment, or by up to ten equal annual installments, as the Council may provide, with interest thereon at the rate fixed in the resolution approving the special assessments, but not to exceed the maximum interest rate allowed by law." Sec. 2. This ordinance shall be in full force and effect immediately upon its passage and publication. ORDINANCE NO. 1031-Al AN ORDINANCE AMENDING ORDINANCE NO. 1031 TO DECLARE AS A NUISANCE THE STORAGE OF RECREATIONAL VEHICLES ON PROPERTY IN RESIDENTIAL DISTRICTS THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Paragraph (m) of Section 4 of Ordinance No. 1031 is hereby amended to provide as follows: "(m) The parking or storing of trucks, tractors or trailers or any commercial type vehicle in excess of 7,000 pounds gross weight on private property in the Single Family Dwelling District. The parking or storing of any unlicensed, unregistered or inoperable vehicle or vehicles, or any household furnishings or appliances on private property in the Single Family District, unless housed within a lawfully erected building, shed, tool house or garage. The constant maintenance in the Single Family District of any vehicle mebile-hexte;-piek-up-eafnpe;-t�el-©-eeaip- }�g-��a�le� er-shied in the space between a dwelling and any public street, road or way, and within five feet of any property line; provided the parking of one passenger automobile on a private driveway or, if the average width of the building site of a dwelling is 49 feet or less, the parking of two such passenger automobiles on a private driveway shall not be deemed a nuisance. The parking_or_storing_for_a_period_in_ excess of 24 consecutive -------------------- hours_of_any_mobile_or_motor_home,__pickup_camper,,_trav_el_or camping_trailer, -orny_portable_structure or shed on --- --- -- -- -------------------- private-property_in_a_Single_Family_Dwelling-DistrictI Multiple -Residence_ District_ orPlannedResidential ---------------- - ---- District, unless housed within a lawfully_erected building,-shed_or-garage_" Sec. 2. This ordinance shall be in full force and effect immediately upon its passage and publication. (Deletions are lined out [------ ]; additions are underlined [------ D D. DORSEY, MARQUART, WINDHORST, WEST Sr. HALLADAY DONALD WEST JOHN S_ HIBBS 2300 FIRST NATIONAL BANK BUILDING THOMAS R. MANTHEY BRADFORD L FERGUSON WALDO F. MARQUART ROBERT 0 FLOTTEN WILLIAM R. HIBBS ROGER J. MAGNUSON JOHN W. WINDHORST JOHN D. LEVINE M I N N E A P O L I S, MINNESOTA 55402 PHILIP F BOELTER J. ROBERT HIBBS HENRY HALLADAY JULE M. HANNAFORD ROBERT J. STRUYK MICHAEL A. OLSON WILLIAM B. PAYNE ROBERT A HEIR ERG JAY F. COOK STANLEY M. REIN ARTHUR B. WHITNEY RUSSELL W. LINDQUIST LA R RY W JOHNSON THOMAS S. HAY ( 612 ) 340 - 2600 JOHN D. KIRBY CHARLES L. POTUZNIK DAVID R. BRINK G. LARRY GRIFFITH R.A. SCHWARTZBAUER DAVID N. FRONEK VERLANE L ENDORF DENNIS BURATTI HORACE HITCH CRAIG A. BECK THOMAS W TINKHAM GEORGEANN BECKER VIRGIL H. HILL DAVID L. MCCUSKEY CABLE: DOROW JON F. TUTTLE ROBERT HOBBINS ROB ERT V. TARBOX THOMAS O. MOE TELEX: 29-0605 EMERY W. BARTLE BARRY D. GLAZER ROBERT J. JOHNSON JAMES H_ OHAGAN WILLIAM A. JOHNSTONE PETER HENDRIKSON M.B.HASSELOUIST JOHN WMASON TELECOPIER:(612) 340-2868 JOHN P. VITKO NICKY R. HAY PETER DORSEY MICHAEL W. WRIGHT STEVEN K.CHAMPLIN IRVING WEISER GEORGE P. FLANNERY LARRY L_ VICKREY DON D. CARLSON STEPHEN GOTTSCHALK CURTIS LROY LOREN R. KNOTT 1468 W-FIRST NATIONAL BANK BUILDING MICHAEL J. RADMER THOMAS ELKINS ARTHUR E. WEISSERG PHILLIP H. MARTIN ST. PAU L, MI N N ESOTA 55101 PAUL J. SCHEERER KENNETH J. CUTLER D UANE E. JOSEPH REESE C. JOHNSON (612) 227- 8017 MAN F NICOL DAVID OU JAMES B. VESSEY CHARLES J. HAUENSTEIN MICHAEL TRUCANO JAMES PIELEMELEMEIER WILLIAM A WHITLOCK CHARLES A. GEER WILLIAM J. KEPPEL GARY M. JOHNSON E. J. SCHWARTZBAUER JOHN C. ZWAKMAN JONATHAN VILLAGE CENTER KENNETHIVERSON THOMAS WFINN THOMAS M. BROWN JOHN R. WICKS JAMES A. FLADER LYNN KROMINGA CORNELIUS D_MAHONEY EUGENE L. JOHNSON CHASKA, MINNESOTA 55318 DAVID L BOEHNEN JAY L. BENNETT THOMAS S. ERI CKSON JOHN W WINDHORST,JR (612) 448 -4012 LAWRENCE R. OLIVER WILLIAM C. BABCOCK MICHAEL PRICHARD FRANK H. VOIGT MICHAEL E. BRESS WILLIAM R GOTH WILLIAM E. MARTIN RAYMOND A. REISTER JOHN J. TAYLOR RICHARD G. SWANSON FAITH L OHMAN IIS THIRD STREET SOUTHWEST WILLIAM H. HIPPEE, JR_ BERNARD G. HEI N ZEN DAVID A. RANHEIM ROCHESTER, MINNESOTA 55901 ROBERT A BURNS TONI A. BEITZ OF COUNSEL GEORGE E. ANDERSON WI LLIAM J. HEMPEL ROBERT J. SILVERMAN IS07) 288-3156 MICHELA LAFOND ROBERT L VANFOSSEN April 19, 1976 Mr. Greg J. Luce Edina City Planner 4801 West 50th Street Edina, Minnesota 55424 Re: Commercial Sanitation Districts Dear Greg: Enclosed is an amendment to Ordinance 711 that allows the establish- ment of commercial sanitation districts. The ordinance is based upon the draft that was prepared by Dave Schnobrich. In reviewing the ordinance for the purpose of this amendment, I note that Section 2 of the existing Ordinance 711 does not seem to cover single --family residences. Do you wish .to prescribe the kind of refuse co'n- tainer used by single-family residences? If you have any questions concerning the language or form of the enclosed ordinance amendment, please advise. Very truly yours, TSE/abc Thomas S. Erickson Enclosure cc.4 Mr. Warren C. Hyde Mr. David Schnobrich ORDINANCE NO. 711-A2 AN ORDINANCE AMENDING ORDINANCE NO. 711 TO AUTHORIZE THE ESTABLISHMENT OF COMMERCIAL SANITATION DISTRICTS THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Sections 9, 10, 11, 12, and 13 of Ordinance No. 711 are hereby amended to read as follows: "Sec. 9. Def_i_n_it_i_on_si Sanitation Districts - Methods of Gelleetiag Household Garb$ge and Re ese Co lection. [ENTIRE "a. Definition. For purposes of Sections 9 through 13, the following 1. terms shall have the following meanings: NEW] " 'Household refuse' shall mean all domestic solid waster, garbage, swill, rubbish, sweepings, cleanings, paper, cardboard, glass, jars and bottles, plastic containers, and other waste items normally resulting from the operation of a household, and yard debris such as grass clippings, leaves, hedge trim- mings, and tree limbs of 8 inches or less in diameter and cut to 3-foot lengths or less. " 'Commercial refuse' shall mean all solid waste, all refuse, garbage, swill, rubbish, and waste matter generated in the normal operation of a com- mercial,business or office establishment. "The definitions of 'commercial refuse' and 'household refuse' shall not include construction material or other waste matter or debris resulting from the construction, reconstruction, or demolition of buildings and other improve- ments; major appliances, such as refrigerators, freezers, stoves, air condi- tioners, etc.; bodily or animal wastes, stones, sod, earth, concrete, auto- mobile parts, explosives, or inflammable liquids. "b. Sanitation Districts. The Council may by resolution divide the Village City into -two -or -more -residential sanitation districts and two or more -----------------e--------------- -- --- -- ---- _com_mer_c_i_a_1 sanitation districts, and prescribe that all household garbage alid4or household refuse or commercial refuse therein shall be collected, but only from premises used as s}s-Te- am-i+y or two-family dwellings; by one of the following methods: By non-exclusive license to one or more haulers; "(ii) By exclusive license to one or more haulers; "(iii) By contract between the Village City and one or more haulers.; or equipment"(iv) by Village City employees using Village City_owned or leased . --- --- -- ------ `-,Few-the-pe�pese-e€-See�ieas-9-�h�etcgh-l3;--'het�seheld-ga�b$ge-'-shall-meer�-eniaiel and-�aege�eble-wastes-�es+�l�ir�g-fret►-the-har�dli�g; -preparation ;-eee#i�tg; -and-ees- suttp�ier�-ef -feed-}ftelading-the-esr�s ; �een�$ine� ;-e�-FarBppe�s-�a$s�ed-slang-with ss�h-�xe�e�ials;-at�d 'het�seheld-refuse'--shall-txeat�-all-deties�ie-solid-wes�e, (N.B. Deletions are lined out [-----]; additions are underlined _ r or if a new paragraph in its entirety, it is so noted.) Ordinance No. 711-A2 Page 2 garbage;-swill;-sweegings;-eleanings;-paper;-eardbea�d;-glass-�a�s-end-be��les; plas�le-een�alners-and-e�he�-waste-Items-ne�mally-�esul�ing-ln-the-epe�e�len-ef a-heuseheld--and-ye�d-deb�ls-seep-as-grass-ellppings;-leaves-and-��ee-ll�bs-e€ $-lnehes-ems-less-la-dla�ete�-and-es�-3-feat-lengths-e�-�ess- "A residential sanitation district may be established in areas zoned or [ENTIRE used for single or two-family dwellings. A commercial sanitation district may PARAGRAPH be established in areas zoned or used for neighborhood, community, regional, or NEW] automotive commercial uses, in Office Building Districts 1 and 2, Planned Com- mercial Districts, Regional Medical Districts, and Automobile Parking Districts, all as defined in Ordinance No. 811. 1°Sec. 10. Designation of Commercial Sanitation Districts. In addition to complying with the other sections of this Ordinance No. 711 that are not [ENTIRE in conflict with the provisions of this Section 10, every owner, tenant, and SEC. 10 occupant of any premises within a commercial sanitation district that accumu- NEW] lates commercial refuse on such premises shall store and dispose of such refuse as provided in this section. "(a) Preliminary Study. Before designation of an area as a commercial sanitation district, the City Planner shall review and report to the Council the type and amount of commercial refuse generated within the proposed district, the existing commercial refuse storage facilities thereon, the location, size, and type of waste containers used on each premises, the cost of removal from each premises, the routes used by collection vehicles, and the times and days when the containers are emptied. "(b) Public Hearing; Type, Size, Number., and Location of Containers; Frequency and Manner of Pickup. After public hearing, preceded by at least 10 days' prior written notice mailed to all owners, tenants, and occupants of premises within the proposed commercial sanitation district at the address of such premises, the Council may by resolution establish: "(i) The boundaries of such commercial sanitation district; "(ii) The type, size, and number of waste containers to be used by each owner, tenant, or occupant within the district, and whether the containers are to be furnished by such owner, tenant, or occupant, or by the collector; "(iii) The location of each refuse storage facility within the district and the containers that each owner, tenant, or occupant shall use for the storage of his commercial refuse; "(iv) The frequency of pickup for each container, the routes of collecting vehicles, and the time of day when collection shall be made; "(v) The method of collection authorized by Section 9 hereof that shall be employed; Ordinance No. 711-A2 Page 3 "(vi) If either method (iii) or (iv) of collection is selected, the share of the cost thereof, or the method of computing.the share of the cost thereof, to be imposed on each owner, tenant, or occupant of premises in the district; and "(vii) The effective date of establishment of the district. "A copy of such resolution shall be mailed to each owner, tenant, or occupant of premises within the district within 10 days after passage thereof. "(c) Location of Containers; Storage of Liquids. All waste containers must be located in a fully enclosed structure. No exterior storage of com- mercial refuse shall be permissible except in an accessory building completely enclosed by four walls and a roof, which shall be constructed of the same materials as the original construction and shall be designed in a manner con- forming with the original architectural design and general appearance. "All commercial refuse that accumulates on any premises shall be drained of all liquids. Those wastes having the character of solids rather than liquids in that they will not flow readily without additional liquid must be placed in sealed containers before disposal in a waste container. "Waste containers shall be maintained in a reasonably clean and sanitary condition at all times. "Sec. 49 11. Exclusive Licensee Collection; City or Contractor Collection; — - ----------------------- Replacement of Defective Containers. ----------- -- --------- ---------- "(a) Exclusive Licensee. In granting an exclusive license for collection of he�9eel-gs�ege ei-household refuse or commercial refuse, or bethT the Council shall prescribe the area to be served, the intervals between collections, the schedule of charges to be imposed, and the period of time for which the license is granted. In additionin commercial sanitation districts, the ---- ----------------------- CouncCouncil shall further -and of collecting_vehicles_and the il shall-------- ----------------- ------ time of day_ or_night_when_collections shall be made. An exclusive licensee ha-ha ------------------------ shall have the exclusive right to collect heeaeheld garbage or household refuse or commercial refuse, as the case may be, or bath; in the area de- scribed in the license. All charges for collection services performed by a licensee shall be payable by the party requesting the service directly to the licensee, and the Vlllege City shall not be responsible for collection of such charges. "See--ll---�lllege-e�-6ent�ae�e�-8ellee�le�- "(b) City or Contractor Collection. As to any district in which the collection refuse or commercial refuse is performed by z4llage _C_ity employees or by another under contract with the $lllage _City, the Village City shall impose, bill and collect reasonable charges for collection services. Such charges shall be billed quarterly on or before 3elg-l5 April_l,-July_lt-2ct2ber_1,_2_nd__Ja_n2a_ry-1 of each year, and any charge not paid by-the-€ellewng-September-1 within 30 days Ordinance No. 711-A2 Page 4 shall be assessed against the lot or parcel of land on which the premises are located. The assessment shall include a penalty of 10% of the unpaid charge and shall bear interest at the rate of 6% per annum. The failure or inability of the 'Village City to collect any portion of the charges for collection services rendered under contract shall not reduce the liability of the Village City to pay the contractor the amounts specified in the contract. Any contract for such collection services shall state the area to be served, the intervals between collections, the duration of the contract, which shall not exceed four years, and the amounts and dates of payments to be made by the Village City. In_a --commercial sanitation districtZ_the_contract shall ------------------------------------------ further_prescribe_ the _location.,_sizei_type2_and_number_ of containers to be ------- ----------------- used if_sulied_by_the-contractor, the routesofF_v -collectinehicles, and ----- pp ----- the time_of_day_or_night when_collection shall be made. ------- ------------- [ENTIRE "(c) Defective Containers. When a container furnished by a licensee or PARAGRAPH contractor is in poop repair; is corroded, or is otherwise defective so as to 'NEW] permit insects, vermin, or rodents to enter, or does not meet other requirements of this ordinance, the licensee or contractor shall be notified in writing of such deficiency by the City Planner or City Public Health Sanitarian. If the licensee or contractor does not repair or replace the defective container within one week of the date of such notice, then the City may replace the container with one of a similar type,and the cost thereof shall be deducted from any payments due to the licensee or contractor. "Sec. 12. Effective Date for Villate Citv Contract and Exclusive License. Any contract entered into by the Village _Ci_ty, and any exclusive license granted, pursuant to Seetiea 9 of this ordinance, shall become effective on January 1 of any year, or on such earlier date as then existing licenses or contracts previously issued or entered into under this ordinance for the service and for the district or districts covered by such new contract or license expire or are revoked, and if more than one such license or contract shall exist as to any such district, the said new contract or exclusive license shall become effective, as to the premises served by such existing license or contract, at the time of such earlier expiration or revocation of each such existing license or contract. "Sec. 13. Cancellation of Exclusive License or Contract. Any exclusive license or contract granted or made'by the Village City for collection of household garbage or household refuse _or _commercial refuse, or both; pursuant to Seetiee 9 of this ordinance, shall be subject to cancellation by the Village _City in the event of failure by the licensee or contractor to abide by the terms of this ordinance or the license or contract, and upon notice mailed tg the licensee or contractor at least 1-5 days in advance of the date specified in the notice as the date of cancellation. Cancellation pursuant to this Section 13 shall be in addition to the remedies, provisions and penal- ties of Ordinance No. 141, which shall also apply to such exclusive licenses and contracts." Sec. 2. This ordinance shall be in full force and effect immediately upon its passage and publication. DORSEY, MARQUART, WINDHORST, WEST & HALL,ADAY DONALD WEST JOHN S. HIBBS 2300 FIRST NATIONAL BANK BUILDING THOMAS R. MANTHEY BRADFORD L. FERGUSON WALDO F. MAROUART ROBERT 0. FLOTTEN WILLIAM R HIBBS ROGER J. MAGNUSON JOHN W. WINDHORST JOHN D. LEVINE M I N N E A P O L I S, MINNESOTA S S 4 O 2 PH ILIP F. BOELTER J. ROBERT HIBBS HENRY HALLADAY ROBERT J. STRUYK WILLIAM B. PAYNE JAY F. COOK JULE M. HANNAFORD MICHAEL A. OLSON ROBERT A. HEIBERG STANLEY M. REIN ARTHUR B. WHITNEY LARRY W. JOHNSON JOHN D. KIRBY CHARLES L POTUZNIK RUSSELL W. LINDQUIST THOMAS S. HAY - (612)340-2600 R. A. SCHWARTZBAUER VERLANE L. ENDORF DAVID R. BRINK G. LARRY GRIFFITH DAVID N. FRONEK DENNIS BURATTI HORACE HITCH CRAIG A. BECK THOMAS W. TINKHAM GEORGEANN BECKER VIRGIL H. HILL DAVID L. MCCUSKEY CABLE: DOROW - JON F. TUTTLE ROBERT HOBBINS ROBERT V. TARBOX ROBERTJ.JOHNSON THOMAS O. MOE JAMES H. O'HAGAN TELEX: 29-0605 EMERY W. BARTLE WILLIAM A JOHNSTONE BARRY D. GLAZER PETER HENDRIXSON M.B. H ASSELOUIST JOHN M.MASON TELECOPIER:(612) 340-2868 JOHN P. VITKO NICKY R. HAY PETER DORSEY MICHAEL W. WRIGHT STEVEN K. CHAMPLIN IRVING WEISER GEORGE P. FLANNERY LARRY L. VICKREY DON D. CARLSON STEPHEN GOTTSCHALK CURTIS L. ROY LOREN R, KNOTT 1468 W-FIRST NATIONAL BANK BUILDING MICHAEL J_ RADMER THOMAS ELKINS ARTHUR E. WEISBERG PHILLIP H. MARTIN ST. PAU L, M I N N ESOTA $5101 PAUL J. SCHEERER KENNETH J. CUTLER DUANE E. JOSEPH JAMES B. VESSEY REESE C. JOHNSON CHARLES J. HAUENSTEIN (612) 227-8017 DAN F. NICOL MICHAEL TRUCANO DAVID QUINLAN JAMES PIELEMEIER WILLIAM A WHITLOCK CHARLES A_ GEER WILLIAM J. KEPPEL GARY M.JOHNSON E.J. SCHWARTZBAUER JOHN C.ZWAKMAN JONATHAN VILLAGE CENTER KENNETH IVERSON THOMAS W. FINN THOMAS M. BROWN CORNELIUS D. MAHONEY JOHN R.WICKS EUGENE LJOHNSON CHASKA, MINNESOTA 55318 JAMES A-FLADER DAVID LBOER NEN LYNN KROMINGA JAY LBENNETT TH OMAS S. ERICKSON JOHN W. WINDHORST, JR. (612) 448-4012 LAW RENCE R. OLIVER WILLIAM C. BABCOCK MICHAEL PRICHARD FRANK H. V01GT MICHAEL E. BRESS WILLIAM R. BOTH WILLIAM E. MARTIN RAYMOND A. REISTER JOHN J. TAYLOR RICHARD G. SWANSON FAITH L OHMAN I15 THIRD STREET SOUTHWEST WILLIAM H. HIPPEE,JR ROBERT A BURNS OF COUNSEL BERNARD G. HEINZEN DAVID A_RANHEIM ROCHESTER, MINNESOTA 55901 TONI A. BEITZ GEORGE E. ANDERSON WI LLIAM J_ HEMPEL ROBERT J. SILVERMAN (S07) 288-3156 MICHEL A LAFOND ROBERT L VANFOSSEN February 19, 1976 Ms. Florence B. Hallberg Edina City Clerk 4801 West 50th Street Edina, Minnesota 55424 Re: Ordinance No. 404-A3 Dear Florence. Enclosed is a revised Ordinance No. 404-A3. It has been revised pursuant to the request of Greg Luce. The revision is essentially to pro- vide that appeals from the City Planner's decisions will be made to the Board of Appeals and Adjustments and not to the Building Construction Appeals Board. Very truly yours, TSE/abc Thomas S. Erickson Enclosure cc: Mr. Warren C. Hyde ;;>*1Mr. Greg J. Luce ORDINANCE NO. 404-A3 AN ORDINANCE AMENDING ORDINANCE NO. 404 TO PROVIDE FOR APPEALS FROM DECISIONS OF THE BUREAU OF FIRE PREVENTION AND THE CITY PLANNER, AND FOR SECURITY IN ADDITION TO PERFORMANCE BONDS FOR LANDSCAPING, SCREENING, AND EROSION CONTROL WORK THE CITY COUNCIL OF EDINA, MINNESOTA, ORDAINS: Section 1. Section 10 of Ordinance No. 404 is hereby amended to read as follows: "Sec. 10. Appeals to Building Construction Appeals Board and the Board of Appeals and Adjustments. Any person who deems himself aggrieved by any order, requirement, -permit decision, refusal, or determination made by the Building Official, any person referred to in paragraph (B) of Sec. 202 of Chapter 2 of the UBC, the City Plumbing Inspector, the City Mechanical In- spector, the 8h}ef of the Fife Department; Bureau of _Fire Prevention, or the Public Health Sanitarian in the application or administration of the ordinances of the City regulating construction, alteration, moving or demolition of build- ings, the construction, installation, alteration or removal of plumbing, gas piping or equipment, water softening or filtering equipment, or heating, ven- tilating, air conditioning or refrigeration equipment, or the installation, alteration or removal of electrical wiring or equipment, may appeal therefrom to the Building Construction Appeals Board created by Ordinance No. 402, and _a_ny person_ who _deems himself _aggrieved by _any order, reguest, ref_us_a_l, _or determination made by the City Planner in the application of this ordinance ------------- ---- - - - --- - - --- -- --- - -- ------------- relat_ing to the delivery of site plans, schedules, _and security for _land- scaping, screening, and erosion control work, or the approval of such work, ---- - ------------- --- -- --- ---- ---- may appeal therefrom to the Board of Appeals and Adjustments established by --- ---------------e -- --- ----- --------- -------------- -------- _0_rd_i_na_nce _No. _811, except that all actions under Sec. 203 of Chapter 2 of the UBC shall be in accordance with Sections 3 through 11, inclusive, of Ordi- nance No. 471." Sec. 2. Section 13 of Ordinance No. 404 is hereby amended to read as follows: "Sec. 13. Site Plan, Planting Schedule and Per=ermeaee Bond Securit for Landscaping and Other Work. -- - "(a) Site Plan and Planting Schedule. In every case where landscaping, screening or erosion control measures are required by any ordinance of the City, or as a condition to any approval granted by the City pursuant to any ordinance of the City, for any building or structure, or for land -disturbing activity as defined in Section 3 of Ordinance No. 817, other than the construction of one single or two-family residence or structure whose use is accessory thereto, to be constructed or conducted on any property within the City, the applicant for the required permit or approval shall file with the City Planners for review and approval pursuant to the applicable ordi- nance, a site plan of the property drawn to a scale of not less than 100 feet -to one inch, showing in detail the landscaping or otheaf, s_cre_e_ni_ng2 and erosion control work to be done on the site. Such site planshallbe (N.B. Deletions are lined out [-----J; additions are underlined [ J.) Ordinance No. 404-A3 Page Two prepared by a registered architect, landscape architect, professional site planner, or other person experienced in such work and acceptable to the -Building 8€€4e4al City P_lann_er. The applicant also shall file with the City Planner a planting schedule that shall specify the Latin name, common name, caliper, and quantity of all vegetative materials shown on the site plan, together with a time schedule for the work to be dene. construction and com- ------------ --- --- pletion of all such landscaping= screening,, and erosion control. - --- --- - -- - --- -- - - - -- "(b) Per€er{aanee Bend: Security. The applicant shall also file with the City Planner a per€ormanee Bann o beads with a eerperatien aeeep able to the e4ty 6euneil as surety thereen; security in the form of a performance ------- -- - - ---- -- - bor-d, letter of credit, or cash deposit, as determined by the City Pianner, ---- ------ -- ------ -- - -- -- - -------- - --- --- ------- to ensure that the landscaping, screening, and erosion control work is done -- ------ ---- ---------- -- ------------------ --- - ---- pursuant to the site plan and within the time schedule therefor_,_ allasset out it -(a) of this Sec. 13, andtoensure that the vegetative materials used --- -- - --- ---- ---- -- - -- ------ ---- --- ----------- ---- _in_ any _such landscaping, se_reening, and erosion control work that die within_ two complete growing seasonsasbelow set out in this paragraph (b) are re- --- -------- ------------ -- ----- --- --- -- ------------ -- --- -- placed_ _The security shall be in an amount to be determined by the City b Planner, ut for at least^one and one-half times the amount estimated by the City Planner as the cost of completing the required landscaping, screening, and erosion control measures and not to exceed twice such amount. Stied bend or beees shall be in €erm and substanee aceeptable to the Eity 6eune3l7 If a performance bond is, -it- --shall-- s_h_al_l b__e w__it_h _a corporate surety _auth_or_iz_ed_ to do business -in -Minnesota and -approved by the_City Council_ - If _a Letter of _Credit is used, it shall be from a _national or Minnesota _state bank _-ap- proved by the City Co__un_c_il, shall be unconditional and irrevocable, and sh_a_11-orov_id_e�th_a_t funds u_p to the to_ta_1-am_o_u_n_t o_f th_e Letter_ of C_redit will be paid to theCity.,. f_ro_m time to time, upon written_ demand of the City. If a cash deposit is u_sed_, such cash shall be deposited with and held in escrow by a national or 'Minnesota state bank having an office in ----- -- ------ - - -- ----- -- ----- --- ----- ---- ----- - ---- - the Cit-vZ _a_nd _a written _agreem_en_t signed by the _applicant and the bank - shall be delivered to the City Planner, whereby the funds in escrow will ----- --------- -- --- --- - -- ----- - ---- -- ------ ---- b_e paid to the City, from time _to _tine, upon written d__eman_d _of _th_e _City_ Where such landscaping, scree_n-or erosion control measures do not in- clude the use of vegetative materials, the bond _security therefor shall be in force until such landscaping; _scre_enin_g, or erosion control.measures have been completed and approved by the -Building 8€€le4:a4: City Planner. Where such landscaping, scre_e_ni_ng, or erosion control measures do include the use of vegetative materials, the bend _security therefore shall be in force for at least two complete growing seasons subsequent to the completion and approval of such landscaping, screeninZ, or erosion control measures by the Bui4:44ng Gfi4e4al City Planner. "(c) Plan, Schedule and -Bead Security To Be Filed. No building permit or approval shall be issued until the site plan, planting schedule, and bend security required under this Sec. 13 have been filed with the City Planner." Sec. 3. This ordinance shall be in full force and effect upon its passage and publication. DORSEY, MARQUART, WINDHORST, WEST & HALLADAY DONALD WEST JOHN S. HIBBS 2300 FIRST NATIONAL BANK BUILDING THOMAS R MANTHEY BRADFORD L. FERGUSON WALDO F. MAR UART ROBERT O. FLOTTEN WILLAM R HIBBS ROGER J MAGNUSON JOHN W. WINDHORST JOHN D. LEVINE M I N N E A P O L I S, M I N N E S O TA 55402 PHILIP F. BOELTER J. ROBERT HIBBS HENRY HALLADAY JULE M. HANNAFORD ROBERT J. STRUYK MICHAEL A. OLSON _ , WILLIAM B. PAYNE ROBERT A. HEIBERG JAY F. COOK STANLEY M. REIN ARTHUR B. WHITNEY LARRY W JOHNSON JOHN D. KIRBY CHARLES L POTUZNIK RUSSELL W. LINDQUIST THOMAS S. HAY (612) 340 - 2600 R.A. SCHWARTZBAUER VERLANE LENDORF DAVID R. BRINK G. LARRY GRIFFITH DAVID N. FRONEK DENNIS BURATTI HORACE HITCH CRAIG A. BECK THOMAS W. TINKHAM GEORGEANN BECKER VIRGIL H. HILL DAVID LMCCUSKEY CABLE: DOROW JON F. TUTTLE ROBERT HOBBINS ROBERT V. TARBOX THOMAS O. MOE TELEX: 29-0605 EMERY W. BARTLE BARRY D. GLAZER ROBERT J. JOHNSON M. B. HASSELOUIST JAMES H. O'HAGAN JOHN M. MASON TELECOPIER:(612) 340-2868 WILLIAM A.JOHNSTONE JOHN P. VITKO PETER HENDRIXSON NICKY R. HAY PETER DORSEY MICHAEL W. WRIGHT STEVEN K. CHAMPLIN IRVING WEISER GEORGE P. FLANNERY LARRY L. VICKREY DON D. CARLSON STEPHEN GOTTSCHALK CURTIS L. ROY LOREN R. KNOTT 1468 W-FIRST NATIONAL HANK BUILDING MICHAEL J. RADMER THOMAS ELKINS ARTHUR E. WEIS BERG PHILLIP H. MARTIN ST. PAUL,MINNESOTA 55101 PAULJ.SCHEERER KENNETH J. CUTLER CLANE EJOSEPH REESE C. JOHNSON (612) 227-8017 MAN F. DAVID O JAMES B. VESSEY CHARLES J. HAUENSTEIN L TR MICHAEL TRUCANO IELEM METER WILLIAM A. WHITLOCK CHARLES A. GEER WILLIAM J. KEPPEL GAMES. JOHNSON GARY M. JOH NSON E. J. SCHWARTZBAUER JOHN C. ZWAKMAN JONATHAN VILLAGE CENTER KENNETH WFINN THOMAS M. BROWN CORNELIUS D. MAHONEY JOHN R. WICKS EUGENE L. JOHNSON CHASKA, MINNESOTA 55318 LADERN DAVID DAVID .SOEHNR LYNN K LYNN KENNETH L. BENNETT THOMAS S. ERICOCK W. WINDHORST,JR (612) 448-4012 NCE R. OLIVERJAY R.LIV WILLIAM C. BABCOCK MICHAEL PRICHARD MICHJOHAEL FRANK H. FRANK H. VOIGT MICHAEL E. BRESS WILLIAM R. BOTH WILLIAM E. MARTIN RAYMOND A. REISTER RICHARD G. SWANSON II5 THIRD STREET SOUTHWEST WILLIAM HIPPEE,JR. JOHN J. TAYLOR BERNARD G. HEINZEN FAITH LOHMAN DAVID A. RANHEIM ROCHESTER, MINNESOTA$5901 ROBERT BURNS TONI A. BEITZ OF COUNSEL GEORGE E. ANDERSON WILLIAM J. HE MPEL ROBERT J. SILVERMAN (507) 288-3156 MICNEL A. LAFOND ROBERT L VANFOSSEN February 13, 1976 Mr. Kenneth E. Rosland Edina Director of Parks and recreation 4801 west 50th Street Edina, Minnesota 55424 Res Temporary Beer Licenses Dear Ken: Enclosed is proposed Ordinance No. 901-A6. This amends our liquor ordinance to allow temporary on -sale beer licenses. If this meets with your approval and that of lair. Hyde, iL can be submitted to the Council for its re- view and approval at the next Council meeting. In connection with the ordinance, please notes 1. A blank has been left for the amount of the license fee. You may wish to suggest a fee to the Council. 2. The applicant must also deliver to the City evidence of public liability and liquor liability insurance in the amount of at :Least $300,000 for one person and $500,000 for each occurrence. This insurance requirement was in the draft of the proposed ordinance that we put together for the split -liquor election. There is no like provision relative to the issuance of other kinds of license. However, as to other liquor and beer licenses, those are issued to business establishments, and presumably the City has assumed, and, I believe, with Justification, that those licensees have ade- quate insurance coverage.. As to temporary licenses, however, the City will be dealing with charitable and nonprofit organizations for the most part,.which may or may not have the necessary coverage. Therefore, you may wish to require that they obtain that coverage as a condition to obtaining a temporary license. Of course, the dollar amount could be lowered to $100,000 and $300,000, or some other figure, as you may wish. If you wish me to make any changes in or .additions to the proposed ordinance, please advise. TSE/abc Enclosure cc: Ms. FlorenceB. Hallberg __>7 x. Warren C. Hyde Very truly yours, Thor.RW.Er ckson (All new provisions) ORDINANCE NO. 901-A6 i AN ORDINANCE AMENDING ORDINANCE NO. 901 TO ALLOW TEMPORARY ON -SALE LICENSES FOR THE SALE OF NON -INTOXICATING MALT LIQUOR THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Part C of Ordinance No. 901 is hereby amended by adding thereto a new Sec. 17A, as follows: 'Sec. 17A. Temporary On -Sale License. Temporary licenses for the on - sale of non -intoxicating malt liquor may be issued on the following terms and conditions: "(a) They shall be issued only to: "(1) A bona fide corporation or organization organized for social or business purposes, intellectual improvement, or the promotion of sports, where the serving of non -intoxicating malt liquor is incidental to and not the main purpose of the organization; or "(2) A charitable, religious, or nonprofit corporation. "(b) Not more than two (2) such licenses shall be issued to any one corporation or organization in a calendar year, and there shall be at least ninety (90) days between the license issue dates. "(c) Only one such license shall be issued for any date. "(d) Each such license shall allow the on -sale of non -intoxicating malt liquor only, and only on the premises described in, and for the days specified in, the license. "(e) Each such license shall be issued for two (2) consecutive days only, and sales during such days shall be subject to the provisions of Sec. 18 of this ordinance relative to the hours of sale. "(f) The applicant for a temporary license shall submit an appli- cation pursuant to Sec. 14 of this ordinance, and containing such additional information as the City Manager may request as to the purpose and business of the applicant, at least forty-five (45) days in advance of the days for which such license is requested, and including with such application evidence satisfactory to the City Manager that the applicant has in force, and will have in force on the days for which the license is requested, with a company or companies acceptable to the City Manager, a public liability insurance policy, and a liquor liability policy covering liability under the provisions of Minnesota Statutes, Sec. 340.95, providing coverage of at least $300,000 for injury to one person and $500,000 for injuries from each occurrence, and at least $50,000 for damage to property, and naming the City as an additional insured party on such policies. Ordinance No. 901-A6 Page Two "(g) The license fee s,hall be $ per license. The fee shall not be refunded unless the application is withdrawn or denied for reasons other than willful misstatement in the application. "(h) The provisions of Part C of this ordinance shall be appli- cable to the holders of, the premises licensed by, and licenses issued under this Section 17A, except that the applicant for such a license need not have been incorporated for more than ten years, nor own and operate a club house for its members, nor be a regularly established restaurant, golf course, or bowling alley, and except further that the provisions of paragraph (c) of Sec. 13 and of paragraph (b) of Sec. 17 of this ordinance shall not apply to licenses issued under this Section 17A. "(i) Once granted, and upon application made at least five (5) days in advance of the dates for which the license is issued, an applicant may request a transfer of the license to another period of two (2) consecu- tive days. The City Manager may grant such transfer if no temporary on -sale license has then been issued for that same time period." Sec. 2. This ordinance shall be in full force and effect upon its passage and publication. DORSEY, MARQUART, WINDHORST, WEST & HALLADAY DONALD WEST JOHN S. HIBBS 2300 FIRST NATIONAL BANK BUILDING THOMAS R. MANTHEY BRADFORD L. FERGUSON WALDO F. MAROUART ROBERT 0. FLOTTEN WILLIAM R HIBBS ROGER J. MAGNUSON JOHN W WINDHORST JOHN D LEVINE M I N N E A P O L I S, MINNESOTA 55402 PHI IF F. BOELTER J. ROBERT HIBBS HENRY HALLADAY JU LE M. HANNAFORD ROBERT J. STRUYK MICHAEL A. OLSON WILLIAM B. PAYNE A. HEIBER6 JAY F. COOK M_ REIN ARTHUR B. WHITNEY LARRY W. JOHNSON HAY ( 6 12 ) 340 — 2600 JOHN D. KIRBY JOHN CHARLEY CHARLES L. IK RUSSELL W. LINDQUIST DAVID R. BRINK THOMAS S. G. LARRY GRIFFITH DAVID .FRONBAUER DAVID N. FRONEK L. ENDORPOTUZ DENNIS BUATTI HORACE HITCH CRAIG A. BECK CABLE: DOROW W TINKHAM TON ANN BECKER GEORG NN BEI VIR61L H. HILL R0BERT V. TARBOX DAVID L McCUSKEY THOMAS O. MOE TE LEX: 29-0605 JON F. TUTTLE F T EMERY W. BARTLE ROBERT HOBBINS ROBERT BARRY D. GLAZER R00ERT J. JOHNSON M_ B. HASSELOUIST JAMES H. O'HAGAN JOHN M.MASON TELECOPIER:(612) 340-2868 WILLIAM A.JOHNSTONE JOHN P. VITKO PETER HENDRIXSON NICKY R. HAY PETER DORSEY MICHAEL W WRIGHT - STEVEN K_ CHAMPLIN IRVING WEISER GEORGE P. FLANNERY LARRY L VICKREY DON D. CARLSON STEPHEN GOTTSCHALK CURTIS L. ROY LOREN R. KNOTT 1468 W—FIRST NATIONAL BANK BUILDING MICHAEL J. RADMER THOMAS ELKINS ARTHUR E. WEISBERG PHILLIP H. MARTIN ST. PAU L, M I N N ESOTA 55101 PAUL J. SCHEERER KENNETH J. CUTLER DUANE E. JOSEPH REESE C. JOHNSON (612) 227-8017 DAN F. DAVID QUINLAN JAMES B. VESSEY CHARLES J. HAUENSTEIN MICHAELLTRU TRUCANO JAMES PIELEMELEMEIER WILLIAM A. WHITLOCK CHARLES A. GEER WILLIAME E. J. SCHWARTZBAUER JOHN C. ZWAKMAN VILLAGE CENTER KENNET IV SON THOMASW. FINNJOHNSON N CORNEL M. BROWN CORNELIUS D_MAHONEY JOHNJONATHAN EUGE R. WIC KS EUGENE LJOHNSON CHASKA, MINNESOTA 55318 JAMES A FEEDER JAMES X FLADERN DAVID L. BOEHNEN LYNNKROMIN LYNN K ENNETA JAY L.BENNETT THOMAS 5. ERICKSON JOHN W WINDHORST,JR. (612) 448-4012 LAWRENCE R. OLIVER WILLIAM C. BABCOCK MICHAEL PRICHARD FRANK H. VOIGT MICHAEL E FIRE SS WILLIAM R. SOTH WILLIAM E. MARTIN RAYMOND A. REISTER RICHARD G. SWANSON 115 THIRD STREET SOUTHWEST WILLIAM H. JOHN G. BERNARD G. HEINZEN FAITH OHMAN DAVID A. RANHEIM ROCHESTER, MINNESOTA 55901 BURNS TON]A. EBURNS TON] A.BEITZ G COUNSEL GEORGE E. ANDERSON WILLIAM J. HEMPEL ROBERT J. SILVERMAN (507) 288-3156 M ICHEL A LgFOND ROBERT L VANFOSSEN February 10, 1976 Ms. Florence B. Hallberg Edina. City Clerk 4801 West 50th Street Edina, Minnesota 55424 Re: Ordinance No. 404-A3 Dear Florence: Enclosed is a revision of Ordinance No. 404-A3. This ordinance received its first reading at the February 9, 1976 Council meeting. At that time the Mayor asked if there was any procedure for appeals to the Council from the City Planner's decisions as to site plans and bonding requirements. It was stated that the appeals could be made to the Building Construction Appeals Board. however, a reading of Section 10 of Ordinance 404 shows that though the decisions of other City officials are appealable to that Board, those of the City Planner are not, at least not by the specific language of Section 10. I have, therefore, revised Ordinance No. 404-A3 to include a revision of Section 10 of Ordinance 404 to specifically provide that decisions of the City Planner relative to the site plans, schedules, and security for landscaping, screening, and erosion control work are ap- pealable to the Building Construction Appeals Board, and thence, by Ordinance 402, to the City Council. This revised ordinance should be given to the Council for action at its February 23, 1976 meeting. TSE/abc Enclosure cc:�Mr. warren C. Hyde Mr. Greg J. Luce Very truly yours, Thomas S. Erickson C_ ORDINANCEI,NO. 404-A3 AN ORDINANCE AMENDING ORDINANCE NO. 404 TO PROVIDE FOR APPEALS FROM DECISIONS OF THE CITY PLANNER, AND FOR SECURITY IN ADDITION TO PERFORMANCE BONDS FOR LANDSCAPING, SCREENING, AND EROSION CONTROL WORK THE CITY COUNCIL OF EDINA, MINNESOTA, ORDAINS: Section 1. Section 10 of Ordinance No. 404 is hereby amended to read as follows: "Sec. 10. Appeals to Building Construction Appeals Board. Any person who deems himself aggrieved. by any order, requirement, permit decision, refusal, or determination made by the Building Official, the City Planner, any person referred to in paragraph (B) of Sec. 202 of Chapter 2-of the UBC, the City Plumbing Inspector, the City Mechanical Inspector, the Ghief of the Pine DepattmentT Bureau of _Fire Prevention, or the Public Health Sani- tarian in the application or administration of the ordinances of the City regulating construction, alteration, moving or demolition of buildings, the construction, installation, alteration or removal of plumbing, gas piping or equipment, water softening or filtering equipment, or heating, ventilating, air conditioning or refrigeration equipment, or the installation, alteration or removal of electrical wiring or equipment, or th_e _de_liv_ery o_f site plans, schedul_L and security for landscaping, screening, and erosion control work, may appeal therefrom to the Building Construction Appeals Board created by Ordinance No. 402, except that all actions under Sec. 203 of Chapter 2 of the UBC shall be in accordance with Sections 3 through 11, inclusive, of Ordinance No. 471." Sec. 2. Section 13 of Ordinance No. 404 is hereby amended to read as follows: "Sec. 13. Site Plan, Planting Schedule and Perferffieeee Bead Security for Landscaping and Other Work. -------- "(a) Site Plan and Planting Schedule. In every case where landscaping, screening or erosion control measures are required by any ordinance of the City, or as a condition to any approval granted by the City pursuant to any ordinance of the City, for any building or structure, or for land -disturbing activity as defined in Section 3 of Ordinance No. 817, other than the construction of one single or two-family residence or structure whose use is accessory thereto, to be constructed or conducted on any property within the City, the applicant for the required permit or approval shall file with the City Planner,, for review and approval pursuant to the applicable ordi- nance, a site plan o£ the property drawn to a scale of not less than 100 feet to one inch, showing in detail the landscaping e-r ethe-r2 _scr_e_e_nin_g2 _and _erosion control work to be done on the site. Such site plan shall be prepared by a registered architect, landscape architect, professional site planner, or other person experienced in such work and acceptable to the $eilding Grffie#al _C_ity Planner. The applicant also shall file with the City Planner a planting schedule that shall specify the Latin name, common name, caliper, and quantity of all vegetative materials shown on the site (N.B. Deletions are lined out [-----]; additions are underlined [ ],) Ordinance No. 404-A3 Page Two plan, together with a time schedule for the werb to be dene. doing and completion of all such landscaping, screening,_ and erosion control_ "(b) Pefeai8aee $end.- Security. The applicant shall also file with the City Planner a wlth a eerperatlen aeeeptable to the 6lty Geene3l as surety +he -reef; security in the form of a performance ------- -- - - ---- -- - b__o_ndZ letter of c_r_e_d_i_t_, or cash deposits as determined by the City Planner, to ensure t_e site plan and within the th_a_t t_h_e landscaping, _scree_nin__ime g, and- n_schedule therefor---all-as-set d eros ion_ control pursuant tl work k is done - -- -- --- --- - --- - - - -- ----- -out iD (a) of this Sec. 13, and to ensure that the vegetative materials used n aril 52Sh landscaping, screening, and erosion control work that di_e within two complete growing seasons as below set out in this paragraph (b) are re- --- -------- ------- ------- -- ----- --- --- -- ------------- --- --- -- placed. _The _s_ecurity shall be in an amount to be determined by the City Planner, but for at least one and one-half times the amount estimated by the City Planner as the cost of completing the required landscaping, screening, and erosion control measures and not to exceed twice such amount. -Sueh bend er bends shall be in €eras and tKbstanee aeeeptable to the 61t, GeUftell- If a performance bond is used, it shall be with a corporate surety authorized ----- -- -- ---- - -- ---------- to do b__u_s_in_e_s_s in_ M_in_nes_ota_ and approved by the City Council_ I£ _a Letter_ of Credit _is used, it shall be from a _national or _'dinnesota state bank_ ap- proved by the City Council, shall be unconditional and irrevocable, and - --- --- ----- - -- - --- ----- --- ----- ---- --- shall provide that funds up to the total amount of the Letter of Credit will be pai.i to the City, f_r_o_m tim__e t_o timee,upon written demand of the Cite If a cash deposit is used, such cash shall be deposited with and held in escrow by a national -or Minnesota state bank having an office in the City, and _a written agreement signed by the applicant and the bank shall be delivered to the City Planner, whereby the funds in escrow will -- -- --------- -- --- --- ------ -- -- -- ----- -- ------ ---- _be paid to the _C_ityom_ , fr_time to time, upon written_ demand of _the _City. Where such landscaping, -scr_ee_ning2-or erosion control measures do not in- clude the use of vegetative materials, the bend _security therefor shall be in force until such landscaping screening, or erosion control measures have been completed and approved by the Building Official. Where such landscaping, screening, or erosion control measures do include the use of vegetative materials, the bend security therefor shall be in force for at least two complete growing seasons subsequent to the completion and approval of such landscaping, scre_e_ning, or erosion control measures by the Building Official. - "(c) Plan, Schedule and Bend Security To Be Filed. No building permit or approval shall be issued until the site plan, planting schedule, and bend security required under this Sec. 13 have been filed with the City Planner." Sec. 3. This ordinance shall be in full force and effect upon its passage and publication. b f� O � u a CO U N IC MINNESOTA CONSULTING ENGINEERS COUNCIL OF MINNESOTA SUITE 126 / 5009 EXCELSIOR BOULEVARD / MINNEAPOLIS, MINNESOTA 55416 / 612-922-9696 February 11, 1976 Mr. Warren Hyde City Manager, Edina 4801 West 50th Street Edina, Minnesota 55424 Dear Warren: On behalf of the Consulting Engineers Council of Minnesota, I want to thank you for your participation in the Ethical Practice Seminar that was held recently. We were very pleased with the attendance and participation by the panelists and members. We have received nothing but praise on this Seminar and I just wanted to again express our appreciation and pass the compliments we've received along to you. WHM:Ias Member of American Consulting Engineers Council Sincerely, CONSULTING ENGINEERS COUNCIL/MINNESOTA William H. McCombs, President OFFICERS PRESIDENT WILLIAM H. McCOMBS McCombs -Knutson Associates, Inc. PRESIDENT-ELECT ROBERT R.RYDER Tolz, King, Duvall, Anderson & Associates, Inc. VICE PRESIDENT NORMAN F. PODAS Bruch Consultants, Inc. SECRETARY JAMES C. TILLITT Wheeler & Tillitt, Inc. TREASURER JOHN 0.NAGEL Schipke Engineers EXECUTIVE BOARD ABOVE OFFICERS PLUS THE FOLLOWING: DONALD W.RINGROSE Bather-Ringrose-Wolsfeld, Inc. JOHN M.BASS Bass Associates ROY L. SPAULDING Spaulding Engineering Company MASON C. MYERS Conkey and Associates, Inc. RICHARD L.PETERSON Jacus Associates, Inc. FRANCIS G.FEYEREISEN Feyereisen A Associates, Inc. MAXWELL L. OFTEDAL Oftedal, Locke. Broadston and Associates. Inc. NATIONAL DIRECTOR TO AMERICAN CONSULTING ENGINEERS COUNCIL ROBERT W.ROSENE Bonestroo, Rosene, Anderlik and Associates, Inc. ALTERNATE DIRECTOR TO AMERICAN CONSULTING ENGINEERS COUNCIL DAVID R. CONKEY Conkey and Associates, Inc. EXECUTIVE DIRECTOR EARL G.OXLEY 5009 Excelsior Boulevard Suite 126 — Wood -Excel Building Minneapolis, Minnesota 55416 Telephones: 612/922-9696 or 927-8705 DORSEY, MARQUART, WINDHORST, WEST & HALLADAY DONALD WEST JOHN S. HIBBS 2300 FIRST NATIONAL BANK BUILDING THOMAS R.MANTHEY BRADFORD L FERGUSON WALDO FM ROUART ROBERT 0. FLOTTEN WILLIAM R HIBBS ROGER J. MAGNUSON JOHN W. WINDHORST HENRY HALLADAY JOHN D. LEVINE ROBERT J. STRUYK M I N N E A'P O L I S, M I N N E S O TA 55402 PHILIP F. BOELTER WILLIAM B. PAYNE J. ROBERT HIBBS JAY F. COOK JULE M. HANNAFORD MICHAEL A. OLSON RO BERT A. HEIBERG STANLEY M. REIN ARTHUR B. WHITNEY LARRY W. JOHNSON JOHN D. KIRBY CHARLES LPOTUZNIK RUSSELL W. LINDQUIST THOMAS S. HAY (612) 340-2600 R. A. SCHWARTZBAUER VERLANE L. ENDORF DAVID R. BRINK G. LARRY GRIFFITH DAVID N. FRONEK DENNIS BURATTI HORACE HITCH CRAIG A BECK THOMAS W TINKHAM GEORGEANN BECKER VIRGIL H. HILL DAVID L. MCCUSKEY CABLE: DOROW JON F. TUTTLE ROBERT HOBBINS ROBERT V. TARBOX THOMAS O. MOE TELEX: 29-0606 EMERY W. BARTLE BARRY D. GLAZER ROBERTJ.JOHNSON JAMES H. CfHAGAN WILLIAM AJOHNSTONE PETER HENDRIXSON M.B. HASSELOU IST JOHN M.MASON TELECOPIER:(612) 340-2868 JOHN P. VITKO NICKY R. HAY PETER DORSEY MICHAEL W. WRIGHT STEVEN K. CHAMPLIN IRVING WEISER GEORGE P. FLANNERY LARRY L VICKREY DON D. CARLSON STEPHEN GOTTSCHALK CURTIS L. ROY LOREN R. KNOTT 1468 W-FIRST NATIONAL BANK BUILDING MICHAEL J. RADMER THOMAS ELKINS ARTHUR E. WEISBERG PHILLIP H. MARTIN ST. PAU L, M I N N ESOTA 56101 PAUL J. SCHEERER KENNETH J. CUTLER DUANE E. JOSEPH JAMES B. VESSEY REESE C. JOHNSON CHARLES J. HAUENSTEIN (612) 227-8017 DAN F. NICOL MICHAEL TRUCANO DAVID QUINLAN JAMES PIELEMEIER WILLIAM A-WHITLOCK CHARLES A. GEER WILLIAM J. KEPPEL GARY M. JOHNSON E. J. SCHWARTZBAUER JOHN C. ZWAKMAN JONATHAN VILLAGE CENTER KENNETH IVERSON THOMAS W. FINN THOMAS M. BROWN CORNELIUS D. MAHONEV JOHN R.WICKS EUGENE L. JOHNSON CHAS KA, MINNESOTA 55318 JAMES A. FLADER DAVID L. BOEHNEN LYNN KROMINGA JAY L.BENNETENNETT THOMAS S. ERICKSON WILLIAM C. BABCOCK JOHN W. WINDHORST, JR MICHAEL PRICHARD (612) 448-4012 LAWRENCE R. OLIVER FRANK H. VOIGT MICHAEL F BRESS WILLIAM R. SOTH WILLIAM E MARTIN RAYMOND A. REISTER RICHARD G. SWANSON WILLIAM H. HIPPEE,JR JOHN J. TAYLOR FAITH L OHMAN IIS THIRD STREET SOUTHWEST ROBERT A BURNS OF COUNSEL BERNARD G. HEINZEN DAVID A. RANHEIM ROCH ESTER, M I N NESOTA 55901 TONI A. BEITZ GEORGE E. ANDERSON WILLIAM J.HEMPEL ROBERT J. SILVERMAN (507) 288 -3156 MICHEL A LAFOND ROBERT L. VANFOSSEN April 14, 1976 Mr. Gary West Administrative Services Coordinator 4801 West 50th Street Edina, Minnesota 55424 Re: Ordinance No. 311-A Animal Impoundments Dear Gary: I enclose proposed Ordinance No. 311-A , increasing fees for redeeming animals from the pound, requiring; notices of quarantine to be returned to the City, and providing a prescribed penalty. I understand you are going to retain this ordinance without presentation to the Council, for further study of the entire Ordinance No. 311 for other possible modi- fications. If you have any questions on the enclosed, please advise. TSE%abc Enclosure cl ccs4Mr. Warren C. Hyde Very truly yours, Thomas S. Erickson ORDINANCE NO. 311-A AN ORDINANCE AMENDING ORDINANCE No. 311 TO INCREASE THE FEES FOR REDEEMING ANIMALS FROM THE POUND, TO REQUIRE RETURN OF NOTICES OF QUARANTINE TO THE CITY, AND TO PRESCRIBE A PENALTY THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Section 11 of Ordinance No.'311 is hereby amended to read as follows: "Sec. 11. Redemption. Any animal impounded for a reason other than for being observed for rabies may be redeemed from the pound by an owner within the time or period stated in Sec. 10 by paying to the Poundmaster the license fee for the current year if the animal is unlicensed and required to be licensed by Ordinance No. 311, an impounding fee of 070,9 and $25: a fee of $3-99 $5 for each day the animal is confined in the pound as the cost of feeding-, and any costs incurred for veterinarian services. if the animal to - --- --- ------------- --- ------------ -------- be the 12 month period next preeeding the date to the present lmpe"nding; the impounding fee shall be $10790 er; ii the animal Was impounded twiee daring sueh period; the +mpednding fee shall be $20700; er; if the animal wits impounded three t4:mes of more dtiring stieh period; the impounding fee shall be $40700." Sec. 2. Section 16(h) of Ordinance No. 311ishereby amended to add thereto the following: "The owner of a_ny animal placedan in quratine under the provisions of either of the two imm_edia_tel_y preceding paragraphs of this Section_ 16Shl shall deliver to the City the 'Notice of Quarantine' served on the owner b_y th_e City at the time _such quarantine _is _established, _duly completed and signed by a licensed veterinarian, and dated not less than 10 days, nor more -- - --------------------- --- ----- --- ---- ---- -- - --- ---- than 14 days, from the date of the establishment of such quarantine_" Sec. 3. Section 26 of Ordinance No. 311 is hereby amended to read as follows: "Sec. 26. Penalties. In addition to the other penalties or fees pre- scribed herein, any person maintaining a nuisance as defined in -this ordinance, or otherwise violating this ordinance, or owning, keeping or harboring an animal in violation of this ordinance, shall upon the first conviction thereof be punishable by imprisonment for not _1_e_s_s than _5 _days -_nor more than 90 _1_0 days, or by a fine of not less than _$2_5 _nor more than_$300, or both, together with the costs of prosecution in either case.. - upon a second conviction of - - ---------------- -- v_i_o_1_at_ion of the provisions of this _ord_i_n_a_nc_e, the penalty _sh_a_11 b__e _im_prison- me_nt for not _les_s _than _15 days nor more than _3_0 _days, or _a fine of _not less than $50 nor more than $300, or both; upon a third conviction of violation of the provisions of this ordinance, _t_he_ penalty _shall b_e _im_prisonmen_t for not less than 30 days nor more than 90 days, or a fine of not less than -Um - -- --- -- - -- -- ---- -- -- -- -- - - --- -- ---- ---- nor more than $300, or both; upon a fourth and each subseuent conviction of --- ---- -- --- -- ---- ---- --- ---- ---------- violation ---------- - of the provn isions of this ordinance, the pealty shall be imprison- --------- -- - -- ------------- ment for 90 days or a fine of $300, or both; with, in each case, the costs ---- --- -- -- - - ---- -- -- - - -- -- ---- ---- -- ----- (N.B. Deletions are lined out [----- ]; additions are underlined [_____].) Ordinance No. 311-A Page 2 of prosecution -added. Providedi howeveri that the penalty for the first and each subsequent conviction of violation of the provisions of Section 16(h) ---- ----------- ----------- -- - - ----- of this ordinance involvinZ the failure to deliver to the City the Notice of -- --------------------- - --------- -- --- --- guarantine shall be punishable by imprisonment for not less than 30 days nor more than 90 days, or by a fine of not less than $100 nor more than $300, or ---- ---- -- -- - - - - - -- --- ---- ---- --- --- -- - ---- --- both, with costs of prosecution added in each case." ----- -- - ----- -- ---- ----- Sec. 4. This ordinance shall be in full force and effect upon its passage and publication. Qom, MEMORANDUM TO: Warren C. Hyde, City Manager Thomas S. Erickson, City Attorney FROM: C. H. Moser SUBJECT: Electrical Finals for Occupancy Certification Mr. Hyde, I am attaching herewith a copy of a letter to Mr. Herb Meyers, State Building Inspector, dated November 29, 1974, which is self-explanatory. Reply to the foregoing was received from Mr. Richard Brooks on January 13th, which is also self-explanatory in its usual evasive way. Mr. Erickson is aware of the letter to Mr. Meyers and I am sending him a copy of the reply. Thiele Engineering is supposed to have a mortgage closing tomorrow. They ask for an occupancy certificate. No final electrical inspection has been made, so we have to call Mr. Whitney who states the reasons verbally but does not issue written correction orders that we might obtain or that might be given to the owner. If the owner was aware that corrections were in order, he wouldn't ask for an occupancy certificate until all things were complete and approved. If we had our electrical ordinance and inspector all of the problems of final inspections would be under our control. I think consideration should be given to the possibility of having local control of this phase of our building ordinance. CHM:ln 1/14/75 PPPPP_Tts n r, SSrz " c 111ab ®f c2 di n a 4801 WEST FIFTIETH STREET • EOINA, MINNESOTA 55424 927-8861 November 29, 1974 Mr. Herb Meyers State Building, Inspector Minnesota State Building Code Department 127 University Avenue Saint Paul, 'Minnesota 55103 Fe: Occupancy Regulations Dear 2Ir. . Meyer: Edina does not have an electrical ordinance and therefore no electrical inspector or electrical inspections. These are furnished by the State Board of Electricity. As per the attached occupancy form, we disregarded the elec- trical inspection for occupancy: It appears that under the M.S.B.C., we are not now complying with Code requirements and must change our methods. The State Electrical Inspector says the only way he can issue and advise us of approval is through the'electrical contractor. A number of years ago, he would come into our office and sign the department approvals on the original permit. This, however, was not very satisfactory, and he now states that he can no longer do this. In view of the problem involved, I have prepared a statement to be issued with conditional and final occupancy certificates that would place the burden of proof on the occupant, building oi-ner or the general contractor,.that the electrical work has been ap- proved. I am also enclosing a memo of this statement to our inspectors. Your early favor would he much appreciated in approving, disapprov- ing -or revising my interpretation of the inspection requirements for occupancy as per code. Sincerely, Calvin H. Moser Building Official Clpt:c encl. w � w a ,`mow -=�• STATE OF MINNESOTA DEPARTMENT OF ADMINISTRATION SAINT PAUL BUILDING CODE DIVISION January 6, 1975 Mr. Calvin H. Moser Building Official City of Edina Edina, M 55424 Dear 1-jr. 'loser: Re: Certificate of Occupancy concerning Electrical Inspection Sorry for the delay in answering your inquiry concerning occupancy approval. As chapter 3 is not a part of the rlinnesota Building Code and I am unaware of your specific adopting ordinance an interpretation is not in order. Based on tcie assump- tion your adopting ordinance is tiie same as chapter 3 of the U.B.C. I will give you my observations and viewpoints. Your proposed method would work on the assumption certification by the contractor would be forthcoming. If the conditional certificate of occupancy is issued and cert- ification is not provided you are in a position of action after the fact which is dif- ficult to enforce at best. It is my feeling you should require the certificates by the contractors prior to issuance of any certificate of occupancy there by insuring certification prior to any approval of the completed structure. This establishes the need of the certificate as a condition of your final approval. Such a system would be much easier to enforce then conditional approval. If you wish we could verbally explore the situation at your convenience. very truly Sci ard Brooks Building Code Consultant Building Code Division RB/cc �,C�1VED JAPE 13 1975 AN EQUAL OPPORTUNITY EMPLOYER rs Building Department: 11b CIO EE o M E M O R A N D U M TO: All Building and Fire Inspectors FROM: Cal Moser 4601 WEST FIFTIETH STREET • EDINA. MINNESOTA $5424 927-8861 SUBJECT: Conditional & Final Occupancies I have been informed verbally that we may not issue conditional or final occupancy permission without the approval of electrical installations. I am writing to the State Building Inspector for a written inter- pretation of inspections for occupancy. At the present time, I believe ve would be within the Code if our inspection form had the following notation there on: "Conditional occupancy is granted subject to th.e.electrical contractor providing a written copy of approval from the State Electrical Inspector. Properly dated, the approval must be submitted to the Building Official within five (5) days from the date of occupancy. Failure to comply xAth the foregoing will result in an order to evacuate the area and a fine wl-l�.be imposed." m4 y From now on, conditional and final occupancies should be written on a separate inspection form from those showing corrections. hm: c November 27, 1974 n cVJ1Ja,o,e of J-1V ad, 4501 WEST FIFTIETH STREET • EDINA, MINNESOTA 55424 This is to certify that the Building located at constructed by for under Building Permit i:?o - has been inspected and occupancy'thereof is hereby granted under. Edina City Building ^rdinance T?o. 401, Plumbing ^rdinance \o. 431, Fire Departnent Ordinance No. 611, Health Department Ordinance 110. 741 and Zoning Ordinance No. 811. (Electrical wor is under State de and supervision and therefore is not covered by this Certifi- cation - f� Certification is subject to following conditions and exceptions: City of E�Iina Calvin H. Moser Buildino Official cc: Note: Code Section 306 (e) Posting* 927-a861 PLAT NUMBER 1, SITE ADDRESS •. v n N c rt- a NAM L U v 1 L u c n a NAM t- & LICENSE NO. nR m1I CU 1"a NAM BUILDIN IPTION AND USE 6. BUILDING FACES E]NORTH C]EAST SOUTH f --- 1 WEST ON BUILDING PERMIT CITY OF EDINA 4801 WEST 50TH STREET e EDINA, MINNESOTA 55424 o WA.7-8861 BUILDING NAME 2. CONST. TYPE 3. GROUP ADDRESS TEL, NO. ODR ESS ADDRESS L. NO 9 SET 1 FRONT FT. BACK FT. BACK 1 SIDE FT. SIDE FT. 1u, Lor alcE III. BUILDING SIZE 12. STORIES 13.FLOORAREASQ.FT. 14. FIRE ZONE IS. DECLARED VALUE X X C� 1 �: 2 I_:3 16. BLDG. DEPT. ESTIMATE 117. STARTING DATE 18. FINISHING DATE 19 SOI 20. LEGAL DESCRIPTION L TESTS 19A. ELEVATOR NO............... C1, MINIMUM cLtIVATION5 FOUNDATION TOP 21A' FT. DRIVEWAY TO BE HARD SURFACED SSM T. FLOOR _ FT. GARAGE FLOOR FT TO EXISTING TRAVELLED STREET 22. SPECIAL CONDITIONS `— All involved inspectors Occupancy Certificate ca. I'LUMUING SUB CONTRACTOR 44. HtA FING 5UB CONTRACTOR NO PART OF ANY BUILDING AREA AUTHORIZED BY THIS PERMIT MAY BE OCCUPIED UNTIL FINAL INSPECTION AND ISSUANCE OF PERMIT TO OCCUPY BY BUILDING INSPECTOR. ACKNOWLEDGEMENT AND SIGNATURE: - The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the CitS iof Edina to take the action herein requested, that all statements herein are true and that all work mentioned will be done in accordance with the Ordinance f the CITY OF EDINA, THE STATE OF MINNESOTA, and rulings of the Building Department. PARCEL NUMBER PERMIT NO. DATE APPLIED FOR I DATE OF PERMIT PERMIT $ PLAN CHECK $ PENALTY $ SURCHARGE $ SAC UNITS- $ SPECIAL $ TOTAL FEE $ CREDIT DEP. $ AMT. DUE $ DEPARTMENT FINAL APPROVALS By............................:................................. ........... Date ...................... ing....... .......................... .......... Plumbing Inspector Date ....... o....onlcal....I..... nspector .. ...................Daa....te ....... Mch Building Inspector Date ... ... ............................... .............. I ... .......... Fire Department Date ................................................................................. Sanitarlan _ Da:e PERMIT TO OCCUPY -I.- j GRANTED �_J CONDITIONAL March 3, 1967 Mr. Warren Hyde, City Manager Village Council of Edina 4801 West 50th Edina, Minnesota Dear Sirs: Your proposed ordinance #194 in regard to snowmobiles is so restrictive as to be best described as vindictive. Edina has here -to -for promoted sports, skating, golf, etc. I request tabling of ordinance #194 until October, 1967 where upon a new ordinance be drawn fair and responsible to all concerned. Yours very truly, 17 ennethl Hirschey 6804 Southdale Road KAH / s an 0 5. THE OPEN12ION Q'_;T TNE VILL�_,',E OT TEE VILLM OF ZMA, MUMMUTA, ORDAINS: Section 1. inta-l" Ardinlay, it is the intent Q c ard& nason to nzp?>=n0 hinncsota 8tatutes, Qnptcra W throuoh 171, no to 002 operation & ccrtain walaz vehicles coununly called enswasbills. This ordi'' wanya is of WISM--ed to al' 1(r,.: wilet We state MaMns prohibit no to pro- hibit Ohm the Onto staQuVe expressly Klvw 6ac. 2A,9 u,,.!2d in Viv ardinnace, ;a -%7-�"I'licle to dakined in Minneouta Statutes, secciao 160.011. Subdivision 4, dawig nad to be uW On i�z-!: equippsd Mh Mis = Xnamars and a drum or craoW sec. I. TIMAMybidden, it Q NnYoval car any peranz W operate a snaunabile: (17 on privase propdrty A anookeK Mhov; per&Won of the owner or lawful acoupant 02 Bald propenzy ez of Kho LOW, body or 0cwWaie'r which is authorized to hold LK aserclon junsWon ever nuch PZC-' f SKY. an publicly-awu& Ynd including MOO!, Vall projoray, Pip- graunds, reewenclon nrans or 1e!2 by thia ordinauce; or on n sida—Wilk; 0-�.. in a canner ao as to create a Mud, annacessary or Uamaun! nainzo 0-_�.' -%=CX21r&S UM the peace cnd "Oket W, Sec. 4. Place of Operation. Other than streets or highways, the Director of Parks shall have the authority to establish areas where snowmobiles can operate on public properties. The Director of Parks shall have authority to modify or suspend any provisions of this ordinance when conducting events or programs in which snowmobiles are used. in MKOU 4 USICON Los epalwax NO n volts antay vynscm GY&NOV-0 MIUM7 ou Q CCCOMPaWK by a 11cansad &Kwar ohs to aannally =Vpykng n OaCK M-_ the vahicle an cewbuy shall 0Z VIC any ezonWile caral000ky on 00100611 to dirre3nZA of ohm KIM: or Cho Wety 02 cocoon, or in a xRnnar ve an w endn"gan av he likely W� pezown gr prap'-ITE:Y. dcolganved in SOMMY 6, soon SAY! 06 6100a at C 2pold not r=n*QyZ 25 slapa P21 Vvy- Yak; C P _cge 2 i See. �X,*aon Im Proximity to Ot"Riars. N'O mwwzobile z1vali b�: dri-.:,on 7.�ithi lOQ .3et .4 - A ol ar.y fieherman, pedeotrial, skatini; rink, or sjjCjni F, area, or In nny other area where it -9'oul4d conflict wit't, use or end. -I` ger;n- other parsons or property. 0 Sec- 8. All snoxomabiles shall have the rzol- Im-ling equipment: .a) utandard muUlQQrG Which are prop2zly atte-ched and which reduce `ae - Ifte ..a no4se of orperation of L' va-hic"ja to thz a mi s10_s r1acessilry for operating the vehicle, and no person shall use a MUZ.-Fler cut -cull by-pass or siwilar device ort said vehl.clas; (b) adequate braked an required by '.Unnesota Statutoo. Chapter 169, as it pertains to motor ve'Xicle, equipirmitt; rand "c) a safety or "dead mam" throa:le to oparatla, coaditio ; a ty X 11 al n safe or "dead ran" Ux_i'cttle is dIctf-i-ncd an a device T-Ahicli, when pras- surC Is n2zzved 2rma tho �,ccolerator or thr3ttlo, causes tLe motor to be diseriga3ed fran the driv:Lag track. Sec. 9. 11tv - ht. Wo snowwbile slivall be �ZL�Z__ aperated except during daylig%t hours, milc-39 the vehl-cle has the equip,,,aan� rQqui'ced bY state atatts:e to be at aight, d;ayl: &ht is dp�finad as One-half hour ',)efore sunrisa vintil hour after Dunset. See. 10. jP_-j A gor Li I v�p.h Sl -��,ndvad. t ."I's mla-uful m _qj: aparwzor or Owner to leave or allow a to be or mxnil' unattended on public pro arty. Sec. 11. Authority of Directm: of Parke and Village ?,..'nnarrer. 'Alte DirecZor, of Parka and the Village Ranager shall have autha�rity to voodigy or auspend any, pro-vinions ol-,' thdi ordinance ,.en conducting eveato or price.;-riarizo in which snowmob-iltaa are eved. Sctc. 12J tk. Any rerson vtolatina say vision of thic ovdiwance slimll upon ccarActio-i-I be ftnad a 13"Mi not to eycceed 5100 OT 311-111 be im-grisonad ZOr a period', rWt i:o ezmeed 90 deyz. Sec. 13. This ordinance shaRl affective, kmndiatoly upon ite aasaaz-,,e and publication. M E M 0 R A N D U M May 25, 1972 TO: Mayor and Council FROM: Warren C. Hyde SUBJECT: PROPOSED ORDINANCES Chief Bennett has had some requests for a Sun control ordinance similar to the one recently adopted by the Village of Golden Valley. You may recall that there was considerable public discussion and some resentment concerning this. Attached is a Xerox of the Golden Valley Ordinance. At this time, Chief Bennett does not have any definite feeling as to the desirability of such an ordinance; but if you would like, he will give you a recommendation after further study of,the pros and cons. WCH/hd Enclosure M E M O R A N D U M May 25, 1972 TO: Mayor and Council FROM: Warren C. Hyde SUBJECT: PROPOSED ORDINANCES Chief Bennett has had some requests for a gun control ordinance similar to the one recently adopted by the Village of Golden Valley. You may recall that there was considerable public discussion and some resentment concerning this. Attached is a Xerox of the Golden Valley Ordinance. At this time, Chief Bennett does not have any definite feeling as to the desirability of such an ordinance; but if you would like, he will give you a recommendation after further study of the pros and cons. Warren C. Hyde WCH/hd Enclosure (Official Publication) ORDINANCE NO.376 AN ORDINANCE AMENDING THE VILLAGE CODE (Sale, Possession and Discharge of Firearms, Fireworks and Other Weapons) The Village Council of the Village of Golden Valley does ordain as follows: Section 1. The Village Code is hereby amended in Chapter V by deleting there- from in their entireties Sections 525:00, 525:10 and 525:15 and substituting in lieu thereof the following: 525:00. Definitions. 1. General Terms. Terms used in this ordinance, unless expressly defined, shall have the meanings prescribed by the Stat. utes of the State of Minnesota for the same terms. 2. Specific Terms. The following terms shall have the following meanings: (a) "Person" shall mean any natural individual, firm, partnership, trust, es- tate, club, association or corporation. As applied to partnerships or associations, the word includes the partners or mem- bers thereof, as applied to corporations it includes the officers, agents, or employ- ees thereof who are responsible for the act referred to. The singular includes the plural, and the plural includes the singu- lar. The masculine gender includes the feminine gender. (b) "Firearm" shall mean any weap- on from which is propelled any missile, projectile or bullet through a barrel by means of explosives, excluding any de- vice used exclusively for the firing of stud cartridges, explosive rivets, or similar industrial ammunition. (c) "Long gun" shall mean a rifle, shotgun or similar gun not designed to be fired from the hand. (d) "Rand gun" shall mean any fire- arm designed to be fired from the hand. (e) "Secured container" shall mean a case or container completely closed by being zipped, snapped, buckled, tied or otherwise securely fastened with no por. tion of the firearm exposed. (f) "Village Clerk" shall mean the person duly appointed as such by the Vil- lage Council of Golden Valley. (g) "Dealer" shall mean a person licensed to sell, manufacture or repair firearms. 525:10. Persons Probobited. 1. It shall be unlawful for any person within the corporate limits of the Village of Golden Valley to own, possess, carry or have in his custody or control any firearm unless such person shall not within the previous five years have been: (a) Cnficted of a felony or drug ad- diction under the laws of this state or any other jurisdiction. (b) Committed under the statutory procedures of this state or any other ju- risdiction to any institution for treatment of a mental, drug or alcoholic condition, unless such person so committed shall have been issued a permit, currently in force, pursuant to Section 525:06 (5). 2. It shall be unlawful for any person to be in possession of, carry or transport any firearm while under the influence of alco- hol, or hallucinatory chemical, or narcot- ics, or other drugs. 525:02. Sales, Gift or Delivery of Fire- arms. It shall be unlawful for any person with- in the Village of Golden Valley to sell, Rive. or deliver any firearm to any other Mon if such other person is prohibited Mon terms of Section 525:01 from own. ing, possessing, carrying, or having in his custody or control a firearm and if said seller, giver or deliverer knew or had reasonable cause to believe such person was so prohibited. 525:03. Display of Firearms. It shall be unlawful for any person with- in the Village to display or exhibit any firearm for sale in any show window abut- ting a public street or sidewalk or public entryway which can be seen from the pub- lic street. 525:04. Report of Sale, Gift, or Delivery of Hand Guns. Every person within the corporate lim- its of the Village of Golden Valley who agrees to sell, deliver or give to any per- son a hand gun as defined in this ordi- nance shall within five (5) days after such agreement to sell, deliver or give, make and file with the Village Clerk a legible written report, which report shall contain the following information: (a) Date of the agreement to sell, de. liver or give; (b) Name and residence of the person to receive the hard gun, substantiated by appropriate identification such as driv. er a license, Selective Service card, So- cial Security card, etc.; (e) A description of the person to receive the hand gun as to date of birth, height, weight, color of eyes and hair, and other distinguishing physical characteris- ties: (it) Name and address of person agreeing to sell, deliver, or give the hand gun. The Village Clerk shall provide the re- porting forms on which such reports shall be made, and shall make such forms free- ly available to licensed gun dealers. Per- sons or licensed dealers may secure such reporting forms from the Village Clerk or any licensed gun dealer. o person who intends to sell, deliver or give to any person a hand gun as de- fined in this ordinance shall deliver actual possession to the person to receive the hand gun until a copy of the report re- quired by this section, containing the cer- tification of the Golden Valley Public Safety Director, or his designee, that said sale, delivery or gift may be made, is re- turned to the person who intends to sell, deliver or give away said hand gun, or until three days (excluding Saturday, Sunday and holidays) after making and filing with the Village Clerk the required report of sale, whichever comes first. None of the provisions of this Section 525:04 shall apply to gifts of hand guns between husband and wife, or parent and child, but all other gifts of hand guns must comply with the requirements hereof. 525:05. Permits for Carrying Firearms. It shall be unlawful for any person with- in the Village of Golden Valley to carry on his person or transport in any vehicle any firearm without a permit for carrying, except: 1. Any unloaded firearm in a secured container being transported by a person not in a vehicle directly to or from his home, place of business, gun dealer, guns- mith, place of target practice, gun club assembly, hunting area or to or from any place or gathering where use or display of firearms is specifically authorized by the Village of Golden Valley for gun training programs, gun shows, parades or other public events. 2. Transportation of an unloaded fire- arm in a secured container in a portion of the vehicle not concurrently occupied by the driver or passengers, or in the locked trunk of a vehicle, or if such vehicle shall not have a trunk, secured in the farthest rear enclosed portion of the vehicle in an area not normally occupied by driver or passengers. 3. An unloaded long gun dismantled or transported in the manner permitted by Minnesota Statutes. The provisions of this section shall not be applicable to the transport of firearms by persons who are regularly engaged in the lawful manufacture, distribution or sale at retail or wholesale of such guns, or the agents of any of them or to law en- forcement officers or to military person- nel while in the course of their duties. Nor shall such provisions apply to any person who is a non-resident of the Village of Golden Valley who is the holder of a per- mit to carry a firearm upon his person or in a vehicle, provided that such permit was duly and properly issued by the City or Village of his residence, and provided such City or Village be situated in the State of Minnesota and has an ordinance or regulation similar in nature to the pro- visions of this ordinance. 525:06. Application for Permit to Carry Firearms. 1. Any person desiring a permit for carrying firearms shall make application therefor to the Village Clerk. Such appli- cation shall require: (a) The name, residence, place of employment, nature of employment, and description of applicant as to dale of birth, height, weight. color of hair and eyes. (b) The attachment of a firearms safety certificate recognized by the Min- nesota Department of Natural Resources or a copy thereof or the satisfactory com- pletion of a practical test of ability to use and care for firearms, such test being supervised by the Golden Valley Police Department: (c) The completion of fingerprints by the Golden Valley Police Department: (d) The submission of a photograph approximately 3" x 5" of the applicant taken within the past year. 2. Upon receipt of the application, the Village Clerk shall, within two (2) work- ing days, forward it to the Golden Valley Director of Public Safety for a back- ground investigation of the applicant. 3. The background investigation shall be deemed satisfactorily completed if the applicant: (a) Is over the age of 21 years; (b) Has not been convicted of a felony or any crime of violence under the laws of this stale or any other Jurisdiction; (c) Has not been convicted of any. offense, excluding traffic offenses,in- volving the applicant's use of intoxicating beverages, hallucinatory chemicals, nar- cotics, or anv other drugs; (d) Has not been hospitalized for at- tempted suicide or mental or emotional conditions, including those conditions involving the use of alcohol, hallucinatory chemicals, or drugs• and (e) Has a regular occupation or per- sonal safety hazard requiring the posses- sion of firearms. 4. Upon satisfactory completion of the investigation, the permit for carrying firearms shall be issued forthwith by the Golden Valley Village Clerk, specifically designating the occupational require- ments on the permit. In the event no rec- ommendation is received from the Gold- en Valley Public Safety Director, or his designee, within thirty (30) days after the ap lication, the permit shall be issued subject to revocation for failure to meet the requirements set forth. Any notice of denial or revocation shall be immediately forwarded to the applicant stating the reasons for such denial or revocation. 5. In the event any applicant shall be denied a permit on the basis of the back- ground investigation, such applicant may apply to the Golden Valley Village Coun- cil for the issuance of such permit, pro- vided that: Any conviction of a felony or crime of violence shall not have occurred within five (5) years; the applicant can demonstrate by medical and/or charcter evidence that his possession of firearms will not constitute a hazard to public safe- ty; and, the applicant shall prove a haz- ard requiring his carrying of firearms. 6. A permit issued to any person shall be revoked by the Village Clerk at any time if such person becomes ineligible for such permit for any of the reasons set forth in this section. In the event a person issued a permit for occupational purposes changes occupation that occupational des- ignation shall be amended. 525:07. Firearms Discharge. 1. No person shall hereafter fire off, discharge or explode any firearm upon any street, alley, avenue or public place within the Village of Golden Valley, ex- cept as provided in this ordinance. 2. No person shall discharge firearms or trespass with firearms on any eroper- ty, public or private, within the Vi lage of Golden Valley without a written permit to do so from the Village Council. 3. Nothing in this Section 525:07 shall be construed to prohibit any firing of a firearm when done in the lawful defense of persons, property or family or the nec- essary enforcement of the law. 525:08. Fireworks. Any person, corporation or association desiring to fire off any salute or exhibit any display of fireworks within the corpo- rate limits of the Village of Golden Valle, shall first obtain the permission of the Village Council or the Mayor to such fir- ing or exhibition, which permission shall be in writing and shall designate the place where and the time when such firing or exhibition shall take place. 525:09. Unlawful to Encourage Viola - dons. It shall be unlawful for any person to aid, counsel, abet, conspire with or en- courage another to violate the terms of this ordinance. 525:10. Fees. 1. A fee of ten dollars (i10.00) shall be collected by the Village Clerk for the issu- ance of permits provided for in Section 525:06. Such permits shall remain valid and in force for three (3) years or until revoked. Such permits may be renewed for a like Fperiod upon payment of a fee of ten dol- lars Ii10.00). 525:11. Penalties. Any person convicted of violating any of the provisions of this ordinance shall be guilty of a misdemeanor. In addition to the penalties prescribed above, the firearm or firearms of any person convicted of violating any of the provisions of this ordinance, if the fire- arm or firearms were used with the knowledge and consent of the owner, shall be confiscated, provided such firearm or firearms were in the immediate posses- sion of the person at the time of the viola- tion and were involved in the violation for which a conviction issued. Any and all permits or special permits issued to any person pursuant to the pro- visions of this ordinance shall be revoked upon the conviction of that person for a violation of any of the provisions of this ordinance. Section 2. This ordinance shall take effect and be in force from and after its passage and publication. Passed by the Village Council this 20 day of March, 1972. /s/ ROBERT E. RIGGS Mayor ATTEST: /a/ HELEN PENNIMAN Village Clerk ROBERT M. SKARE Village Attorney 1200 First Nat'l. Bank Bldg. May 24, 1972 To: "arren C. hyde rrom: 4ayne W. bennett Subject: Possession and discharge of firearms. This is a copy of the Golden Valley Ordinance recently passed on March 29, 1972. A lady called me and was quite agitated by the fact that Edina did not have such an ordinance. She stated that she was going to appear before the Village Council meeting and propose such an ordinance. "ust in case, I obtained a copy of the ordinance passed by Golden Valley. 1 have not done any research on this subject as to pros and cons, other than miscellaneous discussions 1 have heard and articles in the paper. i will do so if the council considers passing such an ordinance. Please let me know far enough in advance to allow reviewal of materials on the subject. Memorandum May 3, 1972 To: Warren Hyde From: Wayne Bennett Subject: Gun Control Ordinance A lady who did not give her name called yesterday and talked about a half hour and wanted to know why the proper officials of the Village of Ldina did not have an ordinance for concealed weapons. I told her that such ordinances were fairly recent in view of the fact that the Minnesota State Statutes did not require a permit for concealed weapons. She insisted on talking to the Mayor or the Village Manager, so she may call you. I have called Golden Valley to gbt a copy of their recently passed c4rj',' iW be and they will put it in the mail today. For some reason, I was always under the impression that villages could not pass ordinances that were more restrictive than the state statute. I must be wrong if Golden Valley could d o it. Will check into that aspect. `his lady insists that she is coming to the next council meeting and insisting on introduction of such an ordinance. I will get all I can for you on the subject. MINNEAPOLIS GAS COMPANY MINNEAPOLIS, MINNESOTA 55402 H.E.OUIST,JR. VICE PRESIDENT November 17, 1972 Mayor Arthur Bredesen Village of Edina 4801 W 50 Street Edina, Minnesota 55424 Dear Mayor Bredesen The house explosion in Maple Grove recently brings into focus again the continuing problem Minnegasco has in protecting its distribution system against forces beyond its control. Investigation reveals that construc- tion equipment struck the steel main along Valley Forge Lane, causing a coupling a short distance away to separate. Natural gas has served the Greater Minneapolis area well with a generally excellent safety record. This has been made possible by the company's careful construction, maintenance, rehabilitation and leak surveillance program, which for many years has at least equaled and often exceeded local, state and national code requirements for safety. Despite this vigilance, every year gas facilities are struck hundreds of times by construction equipment. In 1971, 1,575 leaks repaired by the company and reported to the Pipeline Safety Office of the Department of Transportation were caused by such forces. Other gas distributing companies across the country are having similar problems. These out- side disturbances now affect gas facilities primarily, but increasingly telephone and electric lines are also going underground. Thus, the safety and convenience of the general public make it more necessary than ever for public and private interests to take reasonable steps to avoid damage to substructures. Minnegasco appreciates the cooperation it has had from your community in promoting the mutual objective of safe and uninterrupted gas utility service, and I'm confident this relationship will continue. For several years Minnegasco has promoted adoption of the enclosed Model Excavation Ordinance and Proposed Regulations developed by the Hennepin. County League of Municipalities. While the communities Minnegasco serves do have excavation ordinances, they are not uniform. If these cities and villages had the same ordinance, all excavators would be governed by the same ground rules and it seems certain that the incidence of damage to substructures --and the attendant threat to the safety and convenience of people and property --could be reduced. I urge you to study these materials. Pagee� er P- qeco teen a Yt co�ter�`�1 ��erees e yO4 eS c°�i ' its ha �� e ur e aid ve 1� � 3,>'-so, 00�eers flues ec S 2 J, a �, 3�°ad 6 � 0''44�e 1 .0e Zct a y C°�Zc�A 3 relat d,I SQ 2'n red 13 ���4atr0, -•ave It et -„td SeQ, 11°tter adQ' _ �dtej'�adOAr_be-2�Oka Cali before you dig CONTRACTORS in the Twin Cities area soon will receive -1973 wall calendars from Minnegasco, decorated not with an eye -filling color photo but with an urgent four -word plea: "Call before you dig!" The reminders were already being prepared last week when the reason for them was shatteringly demonstrated by two gas leak -related explosions. One demolished a variety store in Lake City, kill- ing six persons and injuring several others. The other, in Minnegasco's own service territory, de- stroyed a Maple Grove house and injured six per- sons. Both blasts followed what utility officials call "foreign construction" nearby. Such work —often involving excavation for other utility services, for repaving or for building — ac- counts for about half of the gas leaks that have to be reported to the federal Department of Transpor- tation under the Pipeline Safety Act. Fortunately, almost all such leaks resulting from excavation work are detected and repaired before any damage Is done. But occasionally one isn't. Gas officials understandably are sensitive to the problem. So is the Associated General Contractors of Minnesota, which supports the Call Before You Dig program. But the message doesn't always get out, especially to those diggers and drillers doing small jobs. . One way to assure that the message bets out would be for more communities to adopt and en- force the model excavation ordinance drawn up by the Hennepin County League of Municipalities. The ordinance requires a permit for excavation work and provides for regulations which call for advance notification of all utility companies, noti- fication of any possible damage to underground utility installations, proper methods of refilling the hole and inspection of the job. About 15 municipalities in the county have adopt- ed the ordinance. Others have variations of it. But with or without such a law, the recent tragic events emphasize the existence of the moral obligation to call before you dig! Reprinted from the Nov. 11, 1972, Minneapolis Star PRCPCSED REGULATIONS covering Excavation for Underground Conduit Installation These proposed rules and regulations prescribe backfill, compaction and main- tenance procedures for sewer, storm drain, water and other underground pipe or duct construction. It is recommended that they be adopted by the municipality and be made part of the specifications on all municipal contracts where substruc- tures are involved. It is also recommended that these rules and regulations be promulgated by the Engineer in accordance with the municipality's Street Excava- tion Ordinance. A. G&NERAL 1. Any person or firm contemplating an excavation within the public rights - of way must first obtain an excavation permit from the municipality as provided by ordinance. 2. Any person or firm to whom a street excavation permit or work contract has been issued shall notify all utility companies of the intent to excavate. This notification shall be given not less than 48 hours in advance of the commencement of the work and shall indicate the time, place and purpose of the street excavation. 3• Any person or firm to whom a street excavation permit or work contract has been issued shall have the duty of determining the location and depth of all existing underground utility installations. If a utility line is broken or damaged in any way the permitter, or contractor, shall immediately notify the utility owner. R. PACKFILL 1. All excavation in trenches shall be backfilled to the original ground surface or to grades specified. The backfill shall begin as soon as practical after the pipe or other construction has been placed and shall thereafter be carried on as rapidly as the protection of the balance of the work will permit. Depositing of the backfill shall be done so the shock of falling material will not injure the pipe or adjacent structures. Grading over and around all parts of the work shall be done as directed by the Engineer. 2. Granular or other suitable material as determined by the Engineer, free from rocks and boulders, shall be deposited in the trench simultaneously on both sides of the pipe for the full width of the trench to a height at least six (6) inches above the top of the pipe, shovel placed and hand tamped to fill completely all spaces under and adjacent to the pipe.(') 3. Succeeding layers of backfill may contain coarse materials, but shall be free from large pieces of rock, frozen material, concrete, roots, stumps, tin cans, rubbish and other similar articles whose presence in the back - fill, in the opinion of the Engineer, would cause excessive future settle- nent of the trench or damage to the pipe. Rules and Regulations -- 2 4. Wherever suitable material existing within the upper four (4) feet of the finished grade of the paved or traveled portions of the street or roadway is removed by the trench excavation] the Contractor shall re- place said material (or material of equal qurty) as backfill in the upper four (4) feet of the finished grade. 2 C. CCHPACTION 1. Compaction of the backfill shall be done in lifts of uniform layers not to exceed the depth shown in the COMPACTION CHART below and each lift shall be compacted over the full width of the excavated area. Backfill shall be compacted to at least 90% of Standard Proctor Density, or to the same or greater density as the adjacent undisturbed soil, or as approved by the City (Tillage) Engineer. 2. Three (3) feet of material compacted with a plate vibrator, plate tamper or button head pneumatic compactor shall be placed over the pipe before a hydra -hammer, vibratory or sheepsfoot roller is operated over the pipe. 3. Special compaction shall be done around all valves, hydrants and other structures and utilities by the use of pneumatic tampers, plate tampers, or plate vibrators with lifts not to exceed that shown in the COMPACTION CHART. fit. Service trenches must be compacted in the same manner as the main trench. In areas where curb and gutter exists, sufficient curbing shall be removed to allow the prescribed compaction over the entire disturbed area. 5. COMPACTION CHART Compactor Type Hydra -Hammer (1000 lb wt: ls.f. shoe; 6 f t.drop height) Vibratory Roller Sheepsfoot (150 psi minimum) Plate Vibrator Button Head Pneumatic Plate Tamper Maximum Loose Soil Lift Height (feet) Sands 4.0 3.0 Not Allowed 1.0 0.5 1.0 Plastic Soils 4.0 Not Allowed 2.0 Not Allowed 0.5 1.0 Rules and Regulations -- 3 D. SPECIAL REQUIREMENTS 1. When the trench excavation is within the right-of-way of State or County Highway, the backfilling of the trench, compaction of materials, subgrade preparation and surfacing shall be done in strict accordance with the requirements and specifications of the State or County Highway Department at no additional compensation. 2. All deficiencies in the quantity of material for backfilling the trenches or for fillir5)depressions caused by settlement shall be supplied by the Contractor. ttjj 3. In all cases, the Contractor shall blade and compact the roadway after the trench has been backfilled, so that it shall be passable to traffic at all times. The Contractor shall maintain the roadway in a condition acceptable to the Engineer �t all times until final approval of the entire work by the City. ll 4. The Contractor shall remedy at his own expense any defects that appear in the backfill for a period of one year following completion. E. FOOTNOTES Some municipalities have included under the general heading of Backfill and Compaction requirements for procurement and disposal of fill material that is not found or not needed at the job site. The following are suggestions that should be considered: (1) In the event that suitable natural granular material is not encountered during the normal excavation of the trench, or when the material encount- ered is determined unsuitable by the Engineer for backfilling around the pipe as required above, specification should provide that the Contractor furnish and place other approved material. This approved material should be furnished from surplus material obtainable from the excavation of ad- jacent trenches, or from approved borrow areas. Is suitable material is not available as stated above, the Contractor should procure suitable pit -run material for backfilling around the pipe according to specific direction from the Engineer. (2) Where suitable material does not exist in place as described above, specifications should provide that the Contractor furnish and place sufficient suitable backfill material to stabilize the finished grade using surplus material obtainable from the excavation of adjacent trenches. (3) Provisions can be made for any excess or unsuitable material to be hauled away, deposited and leveled where directed by the Engineer. (4) Specifications should provide for the Contractor to blade and maintain all detours and bypasses. Dust control should be required, as necessary, on all streets after compaction and grading, and on all detours or by- passes. MODEL EXCAVATION ORDINANCE Proposed by the Utilities Committee of the Hennepin County League of Municipalities. Chairman - Arthur P. Anderson, Councilman, Richfield AN ORDINANCE REGULATING THE EXCAVATING OF STREETS, AV�,7VUES OR ALLEYS; REQUIRING A PERMIT THEREFOR AND PAYMENT OF A FEE: AND PRESCRIBING PENALTIES FOR VIOLATIONS OF ITS PROVISIONS Section 1. Short Title. This ordinance shall be known and may be cited as the "Street Excavation Ordinance of the City (Village) of rr, Section 2. Definitions. For the purposes of this Ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein. 'When not inconsistent with the context,.,words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the Plural number. The word "shall" is always mandator y and not merely directory. (a) "Applicant" is any person making written application to the City (Village) Engineer for an excavation permit hereunder. (b) "City (Village)" is the City (Village) of (c) "Cityn rr • (Village) Council or Councilrr is the City (Village) Council of the City (Village) of (d) "Engineer" is the City (Village) Engineer of the City (Village) of (e) "Excavation work" is the excavation and other work permitted under an excavation permit and required to be performed under this ordinance. (f) "Permittee" is any person who has been granted and has in full force and effect an excavation permit issued hereunder. (g) ''Person" is any individual, firm, partnership, association or organization of any kind. (h) "Street" is any street, highway, sidewalk, alley, avenue, or other public way or grounds or public easements in the City (Village) of i II Section 3. Excavation Permit. t It shall be unlawful for any person to dig up, break, excavate, tunnel, drill, bore, undermine or in any manner break up any street or to make or cause to be mad any excavation in or under the surface of any streetplace, deposit or leave e , or to upon any street any earth or excavated material obstructing or tending to inter with the free use of the street unless such person sfere hall first have obtained er excavationan permit therefor lrc�n the Engineer as herein provided. Section 4. Application for Permit. No excavationIpermit shall be issued unless a written application for the issuance of an excavation permit, on forms provided for that purpose, is su zrdtted to the Engineer= The ;;riLterA application shall state the name and address of the applicant, the nature, location and purpose of the excavation, the date of commence- ment and date of completion of the excavation, and other data as may be reasonably be required by the Engineer. If required by the Engineer, the application shall be accompanied by plans showing the extent of the proposed excavation work, the dimensions and elevations of both the existing ground prior to said excavation and of the proposed excavated surfaces, the location of the excavation work, and such other information as may be prescribed by the Engineer. Upon approval of the application for the excavation permit by the Engineer - the applicant shall pay a fee of o the Engineer to cover reasonable costs the issuance _ t, ; or e of the excavation permit. �Y �. �... w PPFP_F_ Section 6. Excavation Placard. The Engineer shall provide each permittee, at the time the permit is issued, a suitable placard which shall state the permittee's name, the permit number and the date of expiration. It shall be the duty of any permittee hereunder to keep the placard posted in a conspicuous place at the site of the excavation work. it shall be unlawful for any person to exhibit such placard at or about any excavation not covered by such permit or to misrepresent the permit number or the date of expiration. Section 7. Surety Bond. Before,an excavation permit is issued the applicant shall deposit with the City (Village) Clerk a surety bond in the amount of $ in favor of the City (Village). The required surety bond must be: (a) With good and sufficient surety by a surety company authorized to do business in the State of Minnesota. (b) Satisfactory to the City (Village) Attorney in form and substance. (c) Conditioned that the applicant will faithfully comply with all the terms and conditions of this Ordinance; all rules, regulations and require- ments pursuant thereto and as required by the Engineer and all reasonable requirements of the Engineer." (d) _Conditioned that the applicant will secure and hold the City (Village) and its officers harmless against any and -all claims, judgments, or other costs arising from the excavation permit or for which the City (Village), the City (Village) Council or any City (Village) officer may be made liable by reason of any accident or injury to persons or property through the fault of the permittee. Recovery on such surety bond for any injury or accident shall not exhaust the bond but it shall in its entirety cover any or all future accidents or injuries during the excavation work for which it is given. In the event of any suit or claim against the City (Village) by reason of the negligence or default of the permittee, upon the City (Village) giving written notice to the permittee of such suit or claim, any final judgment against the City (Village) requiring it to pay for such damage shall be conclusive upon the permittee and his surety. An annual bond may be given under this provision which shall remain in force for one year conditioned as above, in the amount specified herein and in other re- spects as specified herein but applicable as to all excavation work in streets by the permittee during tha term of one year from said date. Section 8. Exemption from Surety Bond. The surety bond provisions of this ordinance shall not apply to a duly licensed and bonded plumber or to any public utility permitted to operate within the City (Village) limits, by franchise or otherwise, for the purpose of supplying gas, elec- tric, or telephone service o. for ary excavation which'is made under a contract awarded by the City (Village) or made by the City (Village). Section 9. Engineer, All work done pursuant to an excavation permit issued under the provisions of this Ordinance shall be performed under the direction and to the satisfaction of the Engineer or his duly authorized ao-3nto The Engineer shall prep2re such regulations with respect to excavations within any street, and shall modify thsm with respect to particular work, as the Engineer shall deem necessary or advisable to protect the public from injury, to prevent damage to public or private property, and to minimize interference with the public use of the streets. Regulations promulgated by the Engineer shall be approved by the Council after notice of hearing and hearing and a copy of said regulations shall be given to each permittee upon issuance of the street exca.ation permit. Regulations promulgated by the Engineer may include: (a) Requirement that all public utilities be notified by the permittee of permittee's intent to make a street excavation giving notice of time] place and purpose of such excavation. (b) Requirement that the permittee shall have the duty of determining the location and depth of all existing underground facilities. (c) Manner and method of backfilling street excavation and procedure to be followed in compacting backfilled material. (d) Specifications as to material to be used in backfilling street excavation.- (e) Manner and method of making street excavation including procedures to safeguard and protect adjoining and adjacent property and existing underground and above ground facilities. (f) Requirements for restoration of street surfaces. Special provisions shall be made for simplifying procedures and supervision p y in respect to excavations b ..franchised utilities._.. �- ., e Section 10.Emergency Action. In the event of any emergency in which a main, conduit, or utility facility in or under any street breaks, -bursts, or otherwise is in such condition as to immediately endanger the property, life, health or safety of any individual, the person owning or controlling such main, conduit, or utility facility, without first applying for and obtaining an excavation permit hereunder, shall immediately take proper emergency measures to cure or remedy the dangerous conditions for the pro- tection of property, life, health and safety of individuals. However, such person owning or controlling such facility shall apply for an excavation permit not later than the end of the next succeeding day during which the Engineer's office is open for business, and shall not proceed with permanent repairs without first obtaining an excavation permit hereunder. ;. Section 11. Non -completion or Abandonment. Work shall progress in an expeditious manner until completion in order to avoid unnecessary inconvenience to the general public. In the event that the work shall not be performed in accordance with the applicable regulations of the Engineer or in accordance with the provisions of this Ordinance, or shall cease or be aban- doned without due cause, the City (Village) may, after six hours' notice in writing to the holder of said permit of intent to do so, correct said work or fill the ex- cavation., and repair the street, and in any such event the entire cost to the City (Village) of such work shall be a liability of and shall be paid by the person to whom the permit was issued and his surety. Section 12. Insurance. A permittee, prior to the commencement of excavation work hereunder, shall furnish the Engineer satisfactory evidence in writing that the permittee has in force and will maintain in force during the performance of the excavation work and the period of the excavation permit public liability insurance of not less than for any one person and $ for any onp accident and property damage insurance of not less than duly issued by an insur- ance company authorized to do business in the State of Minnesota and on which policy the City (Village) is named as.a co-insured.. Section 13. Indemnification. The permittee shall indemnify, keep and hold the City (Village) free and harmless from liability on account of injury or damage to persons or property arising or growing out of the permittee's negligence in making any street excavation. In the event that suit shall be brought against the City (Village), either independ- ently or jointly with the permittee on account thereof, the permittee, upon notice to it by the City (Village), shall defend the City (Village) in any suit at the cost Of the permittee, and in the event of a final judgment being obtained against the City (Village), either independently or jointly with the permittee, the permittee shall pay such judgment with all costs and hold the City (Village) harmless there- from, -3_ Section 14. Exemption from Fee Payment and Insurance Provisions. The provisions of this Ordinance requiring payment of a permit fee and evidence of public liability and property damage insurance shall not be applica- ble to any excavation work carried on by the City (Village) or its employees, and utilities operating gas, electric or telephone facilities within the City (Village). Section 15. Refusal of Permits. If any person shall fail, refuse or neglect to comply with the provisions of this Ordinance, or any rules or regulations of the Engineer, or any reasonable orders or directions of the Engineer in reference thereto, the Engineer may re- fuse to issue further permits to such person until such conditions of orders are complied with. Section 16. Penalty. Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and punished by a fine of not more than One Hundred Dollars ($100.00) or by imprisonment for not more than ninety (90) days for each offense. Section 17. Effective Date. This Ordinance shall take effect and be in force from and after its passage and publication. --4- 0 M E M O R A N D U M May 25, 1972 TO: Mayor and Council FROM: Warren C. Hyde SUBJECT: PROPOSED ORDINANCES Chief Bennett has had some requests for a gun control ordinance similar to the one recently adopted by the Village of Golden Valley. You may recall that there was considerable public discussion and some resentment concerning this. Attached is a Xerox of the Golden Valley Ordinance. At this time, Chief Bennett does not have any definite feeling as to the desirability of such an ordinance; but if you would like, he will give you a recommendation after further study of the pros and cons. WCH/hd Enclosure ID(ficial l'ohlicallon) ORDIN lNCE No. 376 fill Name and address a( person ANOIIDINANCEAMENDING agreeing to sell, deliver, or give the hand T)IE VILLAGE CODE Possession and gun. The Village Clerk shall Provide the re - Discharge DiscFi rewof Firearms, parting forms on which such retorts shall eke and be made, and shall make such forms free - Other Other Weapons ly available to licensed gun dealers. Per - The Village Council of the Village of sons or licensed dealers may secure such Golden Valley does ordain asfollows: reporting forms from the Village Clerk or Section 1. The Village Cale is hereby any licensed gun dealer. amended in Chapter V by deleting there• o person who intends to sell, deliver from in (heir entireties Sections or give to any person a hand gun as tic - and a5 and substituting is lieu in lie• fined inlhisordinaneeshalldebveractual there full thereo:thefollowing: possession to the person to receive the tines. hand gun until a copy of the report re - I. al Terms. l. General Terms. Terms used in this quired by this section, containing the cer- ordinance, unless expressly defined, shall have the meanings prescribed by the Stat- tification of the Golden Valley Public Safety Director, or his designer, that said Liles Of the State of Minnesota for the sale, delivery or gift may be made, is re. sat. s. turned to the person who intends to sell, S. Specific Specific Terms. The following deliver or give away said hand gun, or terms shall have the following meanings: "Person, until three days (excluding Saturday,Sunday and holidays) after making and (a) shall mean any natural individual, firm, partnership, Uusl e filing with the Village Clerk the required late, clot, association or corporation. s report of sale, whichever comes first. applied to partnerships or associations, s. None of the provisions of this Section the word includes the partners or mem- 525:04 shall apply to gifts of hand guns hers thereof, applied i. between husband and wife, or parent and ff includes the officers, agents, or employ- a ts. or child, but all other gifts of hand guns must cos thereof are responsible for the comply with the requirements hereof. to. act referred to. The singular includes the 525:05. Permits for Carrying Firearms. lural, and the plural includes the singu. It shall be unlawful for any person with- Par. The masculine gender includes le the in the Village of Golden Valley to carry on feminineb"Firearm" "Fh his person or transport any y firem without a permitfor carrying, (bl shall mean any weap- ich is on from which is propelled any missile, except: Projectile bullet through barrel 1. An unloaded firearm in a secured ex means of explosives, excluding any de- i a container being transported by a person vice used exclusively for the firing of stucartrd not in a vehicle directly to or from his dges,explosive rivets, or similar home, place of business, gun dealer, guns industrial industrial ammunition. mith, place of target practice, gun club (c) "Long Run" shall mean a rifle, assembl huntingarea or to or from an Fatherin shotgun similar gun not designed la lM place or where use or display of flee( (ramm thhee hand. firearms is specifically authorized by the (it) "and gun" shall mean any here- Village of Golden Valley for gun training srm designed In he fired from the hand. program s, Run shows, parades or other (e) "5ecurcl container" shall mean a case or container rmnplelrly closed by Public events. 2. n-ansportation of an unloaded fire• bring zipped, snappcl, buckled, fled or arm in a secured container in a portion a( otherwise securely fastened with no por• the vehicle not concurrently occupied by tion of the firearm exposed. the driver or passengers, or in the locked (f) "Village Clerk" shall mean the trunk of a vehicle, or if such vehicle shall person duly appointed as such by the Vil- (age Council of Golden Valley. not have a trunk, secured in the farthest rear enclosed portion of the vehicle in an (g) "Dealer" shall mean a person area not normally occupied by driver or licensed to sell, manufacture or repair passengers. firearms, 3. An unloaded long gun dismantled or 525:10. PersonsProhobited. transported in the manner permitted by 1. It shall be unlawful for any person Minnesota Statutes. within the corporate limits of the Village The provisions of this section shall not of Golden Valley to own, possess, carry or be applicable to the transport of firearms have in his custody or control any firearm by persons who are regularly engaged in unless such person shall not within the the lawful manufacture, distribution or previous five years have been: sale at retail or wholesale of such guns, or (a) Cnficted of a felony or drug ad- the agents of any of them or to law en - diction under the laws of this state or any forcement officers or to military person - other jurisdiction. nel while in the course of their duties. Nor (bl Committed under the statutory shall such provisions apply to any person procedures of this state or any other ju- who is a non-resident of the Village of risdiction to any institution for treatment Golden Valley who is the holder of a per - of a mental, drug or alcoholic condition, mil to carry a firearm upon his person or unless such person so committed shall in a vehicle, provided that such permit have been issued a permit, currently in was duly and properly issued by the City force, pursuant to Section 525:06 (5) or Village of his residence, and provided such City or Village be situated in the 2. It shall be unlawful for any person to be in possession of, carry or transport any State of Minnesota and has an ordinance firearm while under the influence of alco. or regulation similar in nature to the pro- hol, or hallucinatory chemical, or narcot- visions of this ordinance. ics, or other druggs. 525:06. Application for Permit to Carry 525:02. Sales, Gl(t or Delivery of Fire- arms. Firearms. 1. Any person desiring a permit for It shall be unlawful for arsy person with- in the Village of Golden Valley to sell, carrying firearms shall make application therefor to the Village Clerk. Such appli- give, or deliver any firearm to any other cation shall require.: person if such other Pi on 52n is prohibited by the terms of Section 525:01 from own• (a) The name, residence, place of employment, nature of employment and ing, possessing, carrying, or having in his custody or control a firearm and if said description of a licanl as to date of birth, height., weight. color of hair and seller, giver or deliverer knew or had reasonable cause to believe such person eyes. (b) The attachment of a firearms w5:03.as so safetycertificate recognized b the Min- Natural by Display Dispprohlay Firearms. 52It nesolDepartment of Itshall a $h unlawful for any person with- or a copy thereof or the satisfactory com- la do the Village to display or exhibit any pletion of a practical lest of ability to use firearm for sate do any show window abut- and care for firearms, such test being ling a public street or sidewalk or public supervised by the Golden Valley Police entryway which can be seen from the pub Department: lic street. (c) The completion of fingerprints by 525:04. Report of Sale, Gift, or Delivery the Golden Valley Police Department: of Hand Guns. (ill The submission of a photograph Every person within the corporate lim• approximately 3" x 5" of the applicant its of the Village of Golden Valley who taken within the past year. agrees to sell, deliver or give to any per. 2. Upon receipt of the application, the son a hand gun as defined In this ordi. Village Clerk shall, within two (2) work. nance shall within five (5) days after such ing days, forward it to the Golden Valley agreement to sell, deliver or give, make Director of Public Safely for a back- and file with the Village Clerk a legible ground investigation of the applicant. written report, which report shall contain 3. The background investigation shall the following information: be deemed satisfactorily completed if the (a) Date of the agreement to sell, de- applicant: liver or give; (a) Is over the age of 21 years; (b) Name and residence of the person ( b) Has not been convicted of a felony to receive the hand gun, substantiated by or any crime of violence under the laws of appropriate identification xuch as driv- this stale or any other jurisdiction; er x license, Selective Service card, So- Ic) Ilas not hum convicted of any. CIO Security card. etc.; offense, excluding traffic offenses, In- let A description of the person to receive the hand Run as to date of birth, heigM, weight, hair, volving the applicant's use of intoxicating beverages, hallucinatory chemicisla, nar- color of ayyecs and and other distittgsbwsg plpskal drraeierW entice, or any other drugs; tlp; (d) Ilas not been hospitalized for at- tempted suicide or mental or emotional conditions, tnciuding those conditions Involving the use of alcohol, hallucinatory chemicals, or drupes and (r) Ilas a regular occupation or per- sonal safety hazard requiring the posses- sion of firearms. 6. Upon satisfactory earnpletion of the investigation, the permit For carrying firearms shall be issued forthwith by the Golden Valley Village Clerk, specifically designating the occupational require- ments on the permit. In the event no rec- ommendation is received from the Gold- en Valley Public Safely Director, or his designee, within thirty (30) days after the application, the permit shall be issued subject to revocation for failure to meet the requirements set forth. Any notice of denial or revocation shall be immediately forwarded to the applicant stating the reasons for such denial or revocation. 5. In the event any applicant shall be denied a permit on the basis of the back- ground investigation, such applicant may apply to the Golden Valley Village Coun- cil for the issuance of such permit, pro- vided that: Any conviction of a felony or crime of violence shall not -have occurred within five (5) years: the applicant can demonstrate by medical and/or charcter evidence that his possession of firearms will not constitute a hazard to public safe- ly: and, the applicant shall prove a haz- ard requiring his carrying of firearms. 6. A permit issued to any person shall be revoked by the Village Clerk at any time if such person becomes Ineligible for such permit for any of the reasons set forth in this section. In the event a person issued a permit for occupational purposea changes occupation that occupational des- ignation shall be, amended. 525:07. Firearms Discharge, 1. No pervin shall hereafter fire off, discharge or explode any firearm upon any street. alley, avenue or public place within the Village of Golden Valley, ex- cept as provided in this ordinance. 2. No person shall discharge firearms or trespass with firearms on any proper- ty, public or private, within the Village of Golden Valley without a written permit to do so from the Village Council. 3. Nothing in this Section 525:07 shall be construed to prohibit any firing of a firearm when done in the lawful defense of persons, property or family or the nec- essary enforcement of the law. 525:08. Fireworks. Any person, corporation or association desiring to fire off any salute or exhibit any display of fireworks within the corpo- rate limits of the Village of Golden Valley shall first obtain the permission of the Village Council or the Mayor to such fir- ing or exhibition, which permission shall be in writing and shall designate the place where and the time when such firing or exhibition shall take place. 525:09. Unlawful to Encourage Viola- tions. It shall be unlawful for any person to aid, counsel, abet, conspire with or en- courage another to violate the terms of this ordinance. 525:10. Fees. 1. A fee of ten dollars (310.00) shall be collected by the Village Clerk for the issu- ance of permits provided for in Section 525:06. Such permits shall remain valid and in force for three (3) years or until revoked. Such permits may be renewed for a like rupon payment of a fee of ten dol. tarIi10.00). 525:11. Penalties. Any person convicted of violating any of the provisions of this ordinance shall be guilty of a misdemeanor. In addition to the penalties prescribed above, the firearm or firearms of any person convicted of violating any of the provisions of this ordinance, if the fire- arm or firearms were used with the knowledge and consent of the owner, shall be confiscated, provided such firearm or firearms were in the immediate posses. sion of the person at the time of the viola- tion and were involved in the violation for which a conviction issued. Any and all permits or special permits issued to any person pursuant to the pro- visions of this ordinance shall be revoked upon the conviction of that person for a violation of any of the provisions of this ordinance. Section 2. This ordinance shall take effect and be in force from and after its passage and publication. Passed by the Village Council this 20 day of March, 1972. /a/ ROBERT `. RIGGS M.yor ATTEST: /s/ IIP LFN PENNIMAN Village Clerk ROBERT M. SKARE Village Attorney 1200 First Nat'l. Bank Bldg. mhmespoUa, Mhwl 5"M 1110149 at Will-11V 17,4 (IRT -AEANC N�D, '15 AN Q[DX0lY,'0E DMOMPYTIG OrtTI-0.) 'M BE 4 "IT I IFI- I I XiD ., ISANCII-I UU-11R, CT�IIAIFW, COLD) ' , OF , : MU-JID.TlqG .0. PMALTY MR PME-SM IVAESCIRING'l W(7-1 CAITS, !NE VINAGE COUNCIL 01" 7ME 'V.T-JZt'-IGT, Or, ZDIEVI, 1,91M JKOTA, =Iter RICHARD C. eJOUNSON ATTORNEY AT LAW 215 EAST EXCELSIOR AVENUE HOPKINS. MINNESOTA July 31, 1972 Mr. Warren Hyde Village Manager Village of Edina 4801 West 50th Street Edina, Minnesota 55424 Dear Warren: TELEPHONE 935-5110 Thanks for your letter of July 28. Lest there be any mis- understanding, I am not proposing a charter commission --only that the commission study the feasibility of establishing a charter commission. Personally, I don't see any real need for a home rule charter since our system of government has worked well over the years. However, I am sure that there are many aspects of home rule beyond the ken and knowledge of the Council and community, and thus I favor a commission to study the matter. You are absolutely right that the matter of home rule and governmental audit are separate functions, but as you pointed out they are inter -related. I would visualize the commission divided into two basic working groups -- home rule and govern- mental operations. Of course, it may be that the Mayor and other members of the Council disagree with me and will opt for the suggestion made in the last paragraph of your letter. Very truly yours, RCJ:am cc: Mayor Arthur C. Bredesen, Jr. RiCUARD C. JOHNSON ATTORNEY AT LAW 215 EAST EXCELSIOR AVENUE HOPKINS. MINNESOTA July 26, 1972 TELEPHONE 935-5110 Mr. Warren C. Hyde Village Manager Village of Edina 4801 West 50th Street Edina, Minnesota 55424 Dear Warren: Enclosed is a draft of an ordinance, some parts of which have been contemplated for some time. The ordinance is in the "rough" and "idea" stage, and thus I solicit your critical review and your comments and suggestions. It should be emphasized, however, that the study of governmental operations is in no way an express or implied criticism of the Village staff or the job they perform. As you know, I regard our staff and the job they perform as outstanding. However, I think it is advisable from time to time to step back and take a look at ourselves --more or less governmental introspection. There is no magic in the proposed 15 members of the commission although it seemed like a reasonable number to me; it could just as well have been 12 or 21 or some other number. However, I believe that it is important that the commission not be too large as to be unwieldy or too small to be effective. I think it is extremely important that the commission be "blue ribbon," that is, be composed of the leaders of business, the professions and the community. The credibility of the report will depend upon the credibility of the commission. It is my hope the Council could consider the ordinance the first week in September. Very truly yours, FNA�Njpv_ RCJ:am DRAFT ORDINANCE NO. AN ORDINANCE ESTABLISHING A COMMISSION TO STUDY VILLAGE OPERATIONS AND HOME RULE CHARTER 7.'H1� VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Declaration. The Village Council of the Village of Edina hereby finds and declares that the establishment of a commission to study Village operations and the advisability and feasibility of a home rule charter would be in the public interest of the citizens of Edina. Sec. 2. Commission. There is hereby / established Edina Governmental Commission composed of fifteen members appointed by the Mayor with the approval of the Council and all of whom shall have been citizens of Edina for at least one year prior to appointment. Sec. 3. Duties of the Commission. The Commission shall study and review: (1) Village operations, including the Administration, Fire, Police, Parks and Recreation and Public Works Departments to determine whether Village operations best serve the citizens of Edina; and including the boards and commissions thereof, (2) the form of Village governmenVto determine whether or not Village government best serves and is most responsive to the citizens of Edina. In that connection it is the further duty of the Commission to determine the advis- ability and feasibility of home rule charter for the Village of Edina. Sec. 4. organization. The Commission shall: (1) organize as soon after appointment as is reasonable; (2) at its organization meeting, elect from its members a Chairman or Chairwoman and a Vice Chairman or Vice Chairwoman. The Chairman or Chairwoman shall preside at all meetings of the Commission, and in his or her absence the Vice Chairman or.. Vice Chairwoman shall preside; (3) at all meetings be governed by Roberts' Rules of order and record the minutes of all meetings. Sec. 5. Report and Recommendations. Within one year of the date of appointment, the Commission shall transmit to the Council a written report containing its findings and recommendations. Sec. 6. Miscellaneous. (1) The Commission meetings shall be held in Village facili- ties or at such other place as the members shall determine. (2) The Commission shall have available to it secretarial and other administrative assistance from the Village staff and the adviceand counsel from the Village Attorney. (3) The Commission members shall be reimbursed by the Village for all reasonable and necessary expenses incurred in the performance of their duties hereunder. Sec. 7. Effective Date. This ordinance shall be in full force and effect upon its passage and publication. - 2 - DORSEY, MARQUART, WINDHORST, WEST & HALLADAY DONALD WEST THOMAS M. BROWN 2400 FIRST NATIONAL BANK BUILDING LARRY L VICKREY BRUCE W BURTON WALDO F. MAROUART CORNELIUS D.MAHONEY LOREN R. KNOTT JAN D-STUURMANS JOHN W.WINDHORST THOMAS S. ERICKSON PHILLIP H. MARTIN R.A.SCHWARTZBAUER HENRY HALLADAY WILLIAM C. BABCOCK M I N N E A P O L I S, MINNESOTA 55402 REESE C. JOHNSON DAVID IN FRONEK JULE M_HANNAFORD MICHAEL E.BRESS JAMES T. HALVERSON THOMAS W.TINKHAM ARTHUR 8-WHITNEY PAUL G. ZERBY CHARLES J- HAUENSTEIN JON F TUTTLE RUSSELL W LINDQUIST RAYMOND A-REISTER (612) 333— 2151 CHARLES A. GEER EARL L-DEVINE DAVID R-BRINK JOHN J. TAYLOR JOHN C.ZWAKMAN ROBERT A. HEIBERG HORACE HITCH BERNARD G. HEINZEN CABLE: DOROW JOHN R. WICKS EMERY W. BARTLE VIRGIL H. HILL WILLIAM J. HEMPEL EUGENE LJOHNSON MICHAEL J- RADMER ROBERT V. TARBOX JOHN S HIBBS JOHN W WINDHORST. JR CURTIS L. STINE DEFOREST SPENCER ROBERT O. ROTTEN 1432 W—FIRST NATIONAL BANK BUILDING MICHAEL PRICHARD MICHAEL TRUCANO ROBERT J_JOHNSON JOHN D. LEVINE ST. PAUL,MINNESOTA 55101 WILLIAM R. SOTH WILLIAM J-KEPPEL M.B_HASSELO LIST ROBERT J-STRUM (6121 227-8017 THOMAS R_ MANTHEY JAMES A. FLADER PETER DORSEY MICHAEL A. OLSON RICHARD G. SWANSON WILLIAM A_JOHNSTONE GEORGE P. FLANNERY LARRY W JOHNSON FAITH L-OHMAN WILLIAM E. BRWEN CURTIS L_ROY THOMAS SHAY DAVID A_RANHEIM STEPHEN A_GODDARD ARTHUR E_ WEISBERG G. LARRY GRIFFITH JONATHAN VILLAGE CENTER ROBERT J_ SILVERMAN DUANE-E.JOSEPH CRAIG A_BECK CHASKA, MINNESOTA 55318 JAMES M_KLEBBA FREDERICK E.LANGE DAVID L-McCUSKEY (6 12 1 448-4012 WILLIAM RHIBBS JAMES B.VESSEY THOMAS O. MOE JOHN D.KIRBY OF COUNSEL WILLIAM A-WHITLOCK JAMES H.O�HAGAN PHILIP F. BOELTER DAVID E_BRONSON E_ J. SCHWARTZBAUER MICHAEL WWRIGHT WILLIAM B. PAYNE LEAVITT R. BARKER March 29, 1972 Mr. Warren Hyde Village of Edina 4801 West 50th Street Edina, Minnesota 55424 Dear Warren: Recently Gary West and I have been conferring with officials at Suburban Newspapers. They have expressed concern over the application of Ordinance No. 1304 prohibiting the deposit of handbills, circulars and ad- vertising materials on premises containing the prescribed notice. That ordi- nance prohibits the distribution of the Edina directory because of the adver- tising material it contains and also prohibits distribution of the Monday Shopper which usedto be a weekly publication of Sun Newspapers. Though the prohibition applies only to the premises which contain the prescribed notice Sun Newspapers are concerned that their delivery boys will either be too care- ful and fail to deliver where a sign is not posted or be too careless and deliver where a sign is posted. In any event they find it to be a trouble- some ordinance. They have, therefore, requested that an amendment to the ordinance be considered excepting from its purview the Edina directory and such things as its Monday Shopper. Any exceptions, of course, to be valid, would have to be general in nature and not be designed to allow one particular business benefits denied to others. Therefore, to give Sun Newspapers the relief it seeks it would be necessary to except generally all telephone directories and also to except, for example, all advertising material published regularly and containing retail store shopping information. Such exceptions may be broader than the Council desires. I would appreciate your thoughts on the matter when you have had occasion to review this letter. You may wish to bring this to the attention of the Council. Very truly yours, TSE:mj qThmass S. �Ickso`n���_ cc Mr. Gary West IM LEAGUE OF MINNESOTA MUNICIPALITIES Official Cooperative Organization of Minnesota Cities and Villages 3300 UNIVERSITY AVE. S. P., MINNEAPOLIS, MINNESOTA 55414 PHONE 612/373-9992 January 7, 1971 Mrs. Florence B. Hallberg Village Clerk 4801 West Fiftieth Street Edina, Minnesota 55424 Dear Mrs. Hallberg: In response to your inquiry of December 14, concerning the licensing of elevators, I have contacted the Department of Labor and Industry. I was informed by Mr. Jim Parent that any new or reconditioned elevator for the use of employees is examined pursuant to the Industrial Safety Code section 400. Also he informs me that it is within a municipalities authority to license and inspect elevators since both Minneapolis and St. Paul do. I have contactelthe clerk's office in Minneapolis and they have forwarded to me a copy of the enclosed ordinance. I hope this information will be of help. Sincerely, `ohn Quest Research Assistant JQ:cc Encl. EXECUTIVE COMMITTEE, 1970-1971 President L. M. MC DONNELL Councilman, Duluth Vice President DON O. KOST Mayor, Hutchinson Executive Secretary DEAN A. LUND Director, Municipal Reference Bureau University of Minnesota NEXT CONVENTION Bloomington, Minnesota June 9, 10, 11, 1971 DR. C. O. CASTLEDINE Mayor, Windom PHILIP COHEN Mayor, Brooklyn Center JAMES DALGLISH Special Assistant to Mayor, St. Paul RICHARD ERDALL Alderman, Minneapolis EVERETT LECY Clerk, Moorhead BRUCE NAWROCKI Mayor, Columbia Heights and President, Metropolitan Section VINCENT NYBERG Mayor, Coleraine TRUSTEES BURKE RAYMOND Village Manager, Roseville A. J. RINGSMUTH Mayor, Waite Park THOMAS SCOTT Department of Political Science University of Minnesota WILLARD L. THOMPSON Dean, General Extension Division University of Minnesota ARTHUR VOGEL Councilman, Austin GERALD WIGNESS Councilman, Thief River Falls %5 170.050 ELEVATORS ELEVATORS Chapter Page 170. Elevators, Etc.: General Regulations ........................885 171. Elevators, Etc.: Construction and Operation ..................895 170. ELEVATORS, ETC.; GENERAL REGULATIONS 170.010. Scope of Regulations. The provisions of Chapters 170 and 171 shall, where applicable, govern the installation, alteration, mainte- nance, repair and operation hereafter of every hoist, lift or mechanical device or apparatus permanently installed and fixed in position, for use in any building or in connection with any building or structure, for the purpose of conveying people, animals, vehicles, merchandise, building ma- terials or any other load in a building, above or below grade. 170.020. Requirements Generally. No person shall enter upon or perform the installation or alteration of any passenger or freight ele- vator, dumbwaiter, escalator or manlift, or any part of the machinery, hatchway, enclosures or appurtenances pertaining thereto, or perform any work in connection therewith, or maintain or operate any elevator, dumbwaiter, escalator or manlift otherwise than in accordance with the provisions of Chapters 170 and 171. 170.030. Enforcement. The Inspector of Buildings shall enforce the provisions of Chapters 170 and 171. 170.010. New Installations. All installations made after December 4, 1940, of elevators, dumbwaiters, escalators and manlifts, and of all hatchways, enclosures or appurtenances pertaining thereto or to any ex- isting elevator, dumbwaiter, escalator or manlift, shall be in strict con- formity with the requirements of Chapters 170 and 171. 170.050. Alferiififon% TP "rrildf,610 a 1orli,t,iori or n,p (11 41(111 lu .I'110)(1() lti it11ve I)eovi111jol, 9, 119,10, Lu ally r)Iid1.11)g till+vilII)r, iluill lr. waiter, escalator, or manlift installation, the Inspector of Buildings shall 7-1-60 885 170.060 CODE OF ORDINANCES require the entire installation to be brought into compliance with the requirements of Chapters 170 and 171 with the requirements of Chapters 170 and 171 for new installations. Whenever alteration, other than "material alteration or change" as so defined, is made to any existing elevator, dumbwaiter, escalator or man - lift installation, the Inspector of Buildings may require such additional alterations or such additional safety devices as may be necessary, in judgment, to ensure safety of operation. 170.060. Material Alteration Defined. The term "material altera- tion or change" shall mean and include the moving of the installation to any location other than the place of previous installation, or in the in- creasing or decreasing of the distance of travel by adding or subtracting floors or stories, or changing the type of control, or increasing the car speed or carrying capacity, or changing the type of power supply. 170.070. ]Exceptions. The provisions of Chapters 170 and 171 shall not apply to passenger and freight elevators, dumbwaiters, escalators or manlifts owned by the United States Government or the State of Minne- sota, or to temporary elevators, hoists or other devices used solely by buildings or mechanics in the construction or alteration of buildings or structures. 170.080. Minnesota Code. The Minnesota Safety Code for Eleva- tors, Dumb -waiters, Escalators and Manlifts, revised and adopted in 1950 by the Industrial Commission of the State of Minnesota, is hereby in- corporated in and made a part of this chapter. Copies of said Safety Code are on file and available in the Office of the Inspector of Buildings and in the Office of the Industrial Commission of the State of Minnesota. 170.090. Construction Permit. Every person before installing or altering any passenger or freight elevator, dumbwaiter, escalator or man - lift, or any part of the machinery, hatchway, enclosures or appurtenances pertaining thereto, or performing any part of such work, except as pro- vided otherwise in Chapters 170 and 171 shall make application to the Inspector of Buildings for a permit authorizing such work, and shall furnish said Inspector with a written statement relating to such work upon a blank form furnished by said Inspector for that purpose, together with full detailed plans and specifications thereof when so required for inspection by said Inspector. Upon approval of such application, plans, or specifications; said Inspector of Buildings shall grant and issue such permit. 886 7-1-60 170.160 ELEVATORS 171, and shall have satisfactorily passed all tests required by said chapters and the Inspector of Buildings. 170.1.60. Certificate of Acceptance. When a newly installed, rebuilt or altered elevator, dumbwaiter, escalator or manlift and all safety de- vices, enclosures shaft and appurtenances connected therewith is found, by the Inspector of Buildings, upon final inspection thereof, to comply with all requirements of Chapters 170 and 171, and all required tests thereof have been made with results satisfactory to him, then said In- spector shall issue to the installer thereof a certificate of acceptance of same. 170.170. Tests Made. Every person installing, rebuilding, or alter- ing any elevator, dumbwaiter, escalator or manlift, or any safety device in connection with any such installation, shall notify the Inspector of Buildings immediately when such work is completed and ready for in- spection or test, and at the time of such inspection to make such tests of such installation and its safety devices, as are required by Chapters 170 and 171, or such as may be required by the Inspector of Buildings who shall record the results thereof on a record form provided by him for that purpose. 170.180. Load Test. Each newly installed elevator, dumbwaiter, es- calator or manlift shall, upon completion, be subjected to a load test under the following conditions, said test to be made by the installer under the supervision of the Inspector of Buildings. The car or platform shall be loaded with a load equal to the maximum load which such ele- vator, dumbwaiter, escalator or manlift is to carry with safety, as speci- fied in the permit, and the installation subjected to a running test under normal operation, at normal voltage or pressure and under normal con- ditions of counterweighting, and to such other tests as the Inspector of Buildings may deem necessary. All machinery, safety devices and con- struction and appurtenances connected therewith shall, under such tests, be required to so develop the required capacity and strength and so function, as required by Chapters 170 and 171, as to meet the approval of the Inspector of Buildings. 170.190. Drop or Run -away Test. Every car safety device installed after December 4, 1940, on any new elevator or on any power manlift other than the continuous belt type shall bo i4ubjectcd to and E-tiha,ll bo rexJui►-ed to succ<�H14fully pa.►tft, to t1w Hal.iiifaction of tho "biiipedor or. Buildings, an actual drop or run -away tc,Kt, loaded with the maximum 888 7-1-60 170.150 ELEVATORS 170.100. Changes in Permit Work. No person shall make, or cause to be made, any change in the work for which a permit has been granted without the consent of the Inspector of Buildings. 170.110. Repairs. Permits will not be required for ordinary re- pairs, but ordinary repairs shall not be construed to include any new work that makes any alterations or change in the construction, operation or installation of the old work. 170.120. Compliance with Code. No person shall proceed to in- stall, rebuild or change any elevator, dumbwaiter, escalator or manlift, or any part of the enclosure connected therewith, except as otherwise pro- vided in Chapters 170 and 171 without first obtaining such permit. 170.130. Annual Elevator Maintenance Permits. No person shall use or maintain any passenger elevator, freight elevator, escalator or manlift, as defined in this chapter, for which an annual maintenance fee shall have been established by Chapters 200 to 209 inclusive, without first having applied to and obtained from the Inspector of Buildings a permit so to do, the number of which permit shall be recorded in the office of said Inspector of Buildings. Maintenance permits shall expire on the 1st day of November of each and every year, and shall be renewed annually on or before said date for as long as such equipment shall be used. How- ever, no such permit shall be required until the 1st day of November following the installation of such equipment. 170.140. Inspection Required. No person after December 4, 1940, shall put into service any elevator, dumbwaiter, escalator or manlift that has been newly installed, rebuilt or altered, until after the same shall have been inspected, tested, and approved and a certificate of acceptance of same issued by the Inspector of Buildings. Notwithstanding, the said In- spector may, at his discretion, allow the person doing such installing, rebuilding or altering the temporary use of any of such installation before the final tests or inspection are made. 170.150. Installation to Be Complete Before Acceptance. Before any such elevator, dumbwaiter, escalator or manlift, or any of the appur- tenances connected therewith, shall be approved and a certificate of ac- ceptance issued therefor by the Inspector of Buildings, the same shall be complete, including the enclosures, gates, machinery and safety devices and everything connected therewith, as provided in Chapters 170 and 7-1-60 887 SUNNEWSPAPERS lv� AFFIDAVIT OF PUBLICATION EDINA SUN 6601 W. 78th St. Bloomington, Minnesota State of Minnesota County of Hennepin sS. J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known as The Edina Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. (5) Said newspaper purports to serve the City of Edina in the County of Hennepin and it has its known office of issue in the City of Bloomington in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours to the business of the newspaper and business related thereto. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two .years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printedOrdinance no. 1 hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English languag6, once each week, for one successive weeks; that it was first so published on thur. the th March 7 day of 19- 1 and was thereafter printed and published on every to and including the day of 19 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to -wit: abcdefghi j klmnopgrstuvwxyz a bode f g h i j k l m nopq rs to vw xy z Subscribed and sworn to before me this 4th day of March 1971, (Notarial Seal) Alice J. Nelson, Notary Public, He epm County, Minn. My Commission Expires December 26, 1973 (Official PablicatioW VILLAGE OF EDINA 4801 W. ", STREET EDINA, MINNESOTA 55424 STREET NAME CHANGE ORDINANCE THE VILLAGE COUNCIL OF THE VIL- LAGE OF EDINA, MINNESOTA, OR DAINS that Outlot B, Southdale York Addi- tion, is hereby named " Southdale Circle." First Reading: March 1,1971 Second Reading : Waived (signed) ARTHUR C. BREDESEMayor ATTEST: (signed) FLORENCEB. HALLBERG Village C1Mar. 4, 1971)—ED-2A-IOC File No Affidavit of Publication EDINA SUN Edina, Minnesota In The Matter Of (Official Publication) VILLAGE OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 THE VILLAGE CO=1 1L OF THE VILLAGE OF ED , %YitsMESOTTA,, ORDIUNS � �w Outlot B, Southdale 'fork Addition, is hereby named 1 Bouthdale Circle". S"Ur i'j �E: digji Ha=ih R, 1971 Second Reading: Waived (signed) AMUR C. BREDESEN,_J&,,,. ATTIEST Please publish in the Edina Sun on March 4, 1971. Please send us two Affidavits of Publication. Please send us ten clippings. (Official Publication) VILLAGE OF EDINA 4801 W. 50TH STREET EDINA, M k.WSOTA 55424 NOTICE OF PUBLIC HEARING ON PROPOSED STREET NAME EDINA VILLAGE COUNCIL will meet at the Edina Village Hall, 4801 West 50th Street, on Monday, March 1, 1971, at 7:00 p.m., and will, at said time and place, consider the proposed street name: Outlot B, Southdale York Addition to 1PSouthdaale Circle" All persons desiring to be heard on the above street name are requested to present themselves at said meeting. BY ORDER OF THE EDINA VILLAGE COUNCIL. FLORENCE B. HALLBERG Village Clerk Please publish in the Edina Sun on February 18 and 25, 1971. Please send us two Affidavits of Publication. Please send us ten clippizigs. r SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION EDINA SUN 6601 W. 78th St. Bloomington, Minnesota State of Minnesota SS. County of Hennepin J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known as The Edina Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. (5) Said newspaper purports to serve the City of Edina in the County of Hennepin and it has its known office of issue in the City of Bloomington in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours to the business of the newspaper and business related thereto. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printedNotice of hearing hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for successive weeks; thur, 18 th that it was first so published on the day of 19 — thur. and was thereafter printed and published on every to and including r ! )girl71 the , day of 19 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to -wit: abcdefghi j klmnopgrstuvwxyz abcdef R h of klmnopgrstuvwxvz Subscribed and sworn to before me this 25th day of Feb. 19 f 1 (Notarial Seal) Alice J. Nelson, Notary Public, Her pin County, Minn. My Commission Expires December 26, 1973 (Official Publication VILLAGE OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA K1424 NOTICE OF PUBLIC HEARING;'. ON PROPOSED SThE ET NAME EDINA VILLAGE COUNCIL will robot at . the Edina Village Hall, 4801 West 50th Street, on Mondav, March 1, 1971, at 7:00 p.m., and will, at said time and place, con- sider the proposed street name: Outlot B, Southdale York- Addition to "San thdale Circle" -Ul persons desiring to be heard on the above street name are requested to present themselves at said meeting. BY ORDER OF THE EDINA VILLAGE COUNCIL. FLOR ENC E B. H ALLBERG Village Clerk (Feb. 18 & 25. 1971—ED-2A-10C Pile No. Affidavit of Publication EDINA SUN Edina, Minnesota In The Matter Of STREET NAME CHANGE ORDINANCE 1 THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS that Outlot B, Southdale York Addition, is hereby named "Southdale Circle". First Reading: March 1, 1971 Second Reading: Waived Published in the Edina Sun on March 4, 1971. (signed) ARTHUR C. BREDESEN,JR. Mayor ATTEST: (signed) FLORENCE B. HALL_ BERG Village Clerk STATE OF MINMESOtA ) COUNTY OF HEP NEPIN SS. VILLAGE OF EDINA ) CERTIFICATE OF MAILING NOTICE I, the undersigned, blink; the duly qualified acting Village Clerk of the Village of Edina, Minnesota, hereby certify that on the following date _ Ltd 2 Z —, 1� 7! �, acting; on behalf of mid Village Tj deposited in the United Sta s mail copies of the a�t ched ) a, n — . r - — s L /lam . �L' — r, (Exhibit A), &closed in sealed envelopes, with p$sta- a thereon dulypaid, addressed to the persons a;: the addresses as shown on the mailing list (Exhibit P,) attached to they original hereof, which list is on file in my office, said persons being those appearing on the records of the County Aud.-.tor as owners of the property listed opposite their respective names, as of a date Iy clays prior to the date: of the hearing; and that I also sent said notice to the following corporatier_s at the indicated addresses whose property is exempt from taxation and is tleere3:ore not carried on the records of said County Auditor., Name ,address WITNESS ray hand and the seal of said Village this �1� 1 day of Edina Village Clerk (- t3 z) VILLAGE OF EDiNA 4801 W. 50TH STREET EDINA, MINNES(YXA 55424 NOTICE OF PUBLIC HEAMIC ON ROPOSED STREET NAME CHAL-CES EDINA VILLAGE COUNCIL will meet at the Edina Village Fall, 4801 W. 50th Street, on Monday, November 1, 1971, at 7:00 p.m., and will at said place and time consider the following proposed street name changes: Tupa Drive from Gleason Road to the North line of Lot fir, Block 2, Braemar Hills 5th Addition to "Briarhill Drive". Tupa Circle to "Briarhill Drive". Tupa Drive from North line of Lot 4, Block 2, Braemar Hills 5th Addition extended Northeasterly to the East lire of subdivision to "Scotia Drive". McCauley Trail from Gleason Road blest and South to the centerline of Indian Hills Road to "McCauley Trail West". McCauley Trail from the centerline of Indian Hills Road to Valley View Road to "McCauley Trail South". All persons desiring to be heard on the above street name changes are requested to present themselves at said meeting. BY ORDER OF THE EDINA VILLAGE COUNCIL. FZORENCE B. HALLBERG Village Clerk October 22, 1971 (Official Publication) VILLAGE OF EDINA 48U1 W. 50TH STREET EDINA, MINNESOTA 55424 7- 11CCC.-aley T= 2F...-C-iil G I an, C' 1 6 a, ut e T:-,i-: I 17ic, C 0 e. 0-1 Indian Hills te Vie-u T--'Oad ;.3 n- c- 3s T-10's crd-i-nance be -11.n �--Orca 7-LI nzn- a -Lie, Z71 Rr-adin�-': !.,-;cvcrx�az- 1, 1971 1971 Please publish in the Ldina Sun on November 18, 1971. Please send us two Affidavits of Publication. Please sand us ten clippings. SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION EDINA SUN 6601 W. 78th St. Bloomington, Minnesota State of Minnesota ss. County of Hennepin J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known as The Edina Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. (5) Said newspaper purports to serve the City of Edina in the County of Hennepin and it has its known office of issue in the City of Bloomington in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours to the business of the newspaper and business related thereto. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed ordinance =`!C hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English languag6, once each week, for-' successive weeks; that it was first so published on lYlurs the 16tr1 day of Nov 19—.I and was thereafter printed and published on every. to and including the day of- , 19 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to -wit: abcdefghi j klmnopgrstuvwxyz a bcdef g h ijklmnopgrstuvwxyz Subscribed and sworn to before me this day of Nov , 19-1 y (Notarial Seal) / Alice J. Nelson, Notary Public, Hennepin County, Minn. My Commission Expires December 26, 1973 (Official Publication) VILLAGE OF EDINA 4881 W. WTH STREET EDINA, MINNESOTA 55424 STREET NAME CHANGE ORDINANCE I THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. McCauley Trail from Glea- son Road West and South to centerline of Indian Hills Road is hereby renamed 'McCauley Trail West". Sec. 2. McCauley Trail from the center- line of Indian Hills Road to Valley View Road is hereby renamed "McCauley Trail South". Sec. 3. This ordinance shall be in full force and effect from and after its pas- sage and publication. First Reading: November 1, 1971 Second Reading: November 15, 1971 ]Nov. 18, 1971)—ED-2A-IOC File No. Affidavit of Publication EDINA SUN Edina, Minnesota In The Matter Of SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION EDINA SUN 6601 W. 78th St. Bloomington, Minnesota State of Minnesota s5. County of Hennepin J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known as The Edina Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. (5) Said newspaper purports to serve the City of Edina in the County of Hennepin and it has its known office of issue in the City of Bloomington in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours to the business of the newspaper and business related thereto. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printer? (Notice of Hearing hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English languag6, once each week, for successive weeks; that it was first so published on iiUrS the 21St day ofyCt 19' and was thereafter printed and published on every Thur9 to and including Th1 rs the day of 19'.1 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to -wit: abc d efgh i j klmn opq rstuvwxyz a bcdef gh Ijklm nopgrstu vwxvz Subscribed and sworn to before me this 28th day of Oct , 1971 (Notarial Seal) Alice J. Nelson, Notary Public, Hennepin County, Minn. My Commission Expires December 26, 1973 (Official Publication) VILLAGE OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON PROPOSED STREET NAMECHANGES EDINA VILLAGE COUNCIL will meet at the Edina Village Hall. 4801 W. 50th Street, on Monday, November 1, 1971, at 7:00 p.m., and will at said place and time consider the fdllowing proposed street name changes: Tupa Drive from Gleason Road to the North line of Lot 4, Block 2, Braemar Hills 5th Addition to "Briarhill Drive." Tupa Circle to"Briarhill Drive." Tupa Drive from North line of Lot 4, Block 2, Braemar Hills 5th Addition extended Northeasterly�to the East line of subdivision to "Scotia Drive." McCauley Trail from Gleason Road West and South to the centerline of In- dian Hills Road to "McCauley Trail West." McCauley Trail from the centerline of Indian Hills Road to Valley View Road to "McCauley Trail South." All persons desiring to be heard on the above street name changes are requested to present themselves at said meeting. BY ORDER OF THE EDINA VIL- LAGE COUNCIL. FLORENCE B. HALLBERG Village Clerk Oct. 21 & 28, 19711—ED-2A-10C Affidavit of Publication EDINA SUN Edina, Minnesota In The Matter Of 4mo J,,,t SUNNEWSPAPERS AFFIDAVIT OF PUBLICATION EDINA SUN 6601 W. 78th St. Bloomington, Minnesota State of Minnesota County of Hennepin ss. J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known as The Edina Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. (5) Said newspaper purports to serve the City of Edina in the County of Hennepin and it has its known office of issue in the City of Bloomington in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours to the business of the newspaper and business related thereto. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed Notice of Hearing hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for t—W successive weeks; that it was first so published on T[lurS the 6th day of July , 19'L2 and was thereafter printed and published on every Thurs to and including Thurs the13thday of. July , 19 72 and that the following is a printed copy of the lower case alphabet from A to Z. both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to -wit: abc defghi j klmn opgrstuvwxyz abcdeighi jklmnopgrs[uvwxyz 400� ZOO, - Subscribed and sworn to before me this 13th day of July , 19 7? (Notarial Seal) G. M. Vest, Notary Public, Hennepin County, Minn. My Commission Expires April 18th, 1979. File No Affidavit of Publication EDINA SUN Edina, Minnesota In The Matter Of V11,1411E OF E31INA 4801. W. 50TH S15-ET EsDINA, 2,1111MSOTA 55424. NO :ICE OF PUBLIC 11TEA .l`NG ON «'�x.n....,.w..kr.,..m.w,............wrr.uww..u.u-w.iw.. M-11M VILIAGE CCUNI CIL will meet at the Edina Village Mall, 4GOI W, 5OLh Street, on Monday, November 1, 1971, at 7:00 p.m., and will at said place and time consider the fol.lowin, proposed street ncma changes: upa Drive irom Gleason Road to the Nort.b. wire of _.ot 43 31ock 2, Braemar Hills 5t»h Addition to "Bria-rhill Drive". Tupa Circle to "Briarhsll Dr,:iveEO. `3`u pa Drive from North line os: Lot w, Block 2, Brae=r Mils 5th Addition extended 11fobt-easterly to . the East line of subdivision to "xCoi:la Drive". AxCauley Trail from 'Gleason Road West and South to the centerline. of Indian Hil Us road to "McCauley Trail West". Kc-Cauley Trail from the centerline of Indian Mills Road to Valley View toad to 111,=aul.ey Trail South'. All persons dosirlag to be heard on the above street name changes are t quast;ed to present themselves at said ma,6 inn* Pay ORDER OF TIM s'aSD:.MAI V .11. .sc:GE i.+OM oM. Village Clerk Please publish in the Edina Sun on October 21 and 28, 1971. Please send us two Affidavits of Publication. Please send us ten clippings. STREET NAME CHANGE ORDINANCE 2 THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. McCauley Trail from Gleason Road West and South to centerline of Indian Hills Road is hereby renamed "McCauley Trail West". Sec. 2. McCauley Trail from the centerline of Indian Hills Road to Valley View Road is hereby renamed "McCauley Trail South". Sec. 3. This ordinance shall be in full force and effect from and after its passage and publication. First Reading: November 1, 1971 Second Reading: November 15, 1971 Published in the Edina Sun on November 18, 1971. ATTEST: (signed) FLORENCE B. HALLBERG Village Clerk (signed) ARTHUR C. BREDESEN, JR. Mayor (2) • • • 0 MIAMUME11-4 43� 0 THE VTILWE COUNCIL OF IMil ilLt4rE, OF ZIDIRA, 1,11 UYU SOYA.. ORDAINS: 0 Sattion I. All of %Uhat portion, of Londondav:v Pond am shmm and deseribed on the plat ok Walnu.t Mdn 4tion lying 4est of Liao Eav's .�_ ge triad Add, IM line of Lot 3, Block 1, o-4tendad .Fa hereby xen,-vm-0, "Lo).-i-dow-larry .1rive". • 3-2c. 2. All of that part of Road at; shu,�in and • f3esi,c.,,nated on the plat of Landonderry lio 'acreby ronaniied "Izndoaderr;,r rrive". • Sec3. All of Londondervj as shcrun ond designated cr-. 1--he plat of Walnut Ridge raird Addition is hareby rcnamd `L�-ndondernxv PrivLO', • Sec.. 4. This ordinance shall be in ZiM force and effect fxcrj and after its passage and publicatiun, • First Reading: July 17, 1972 Second '.-'leading,,, W&ived Putilishad in lth3 Edina Sun on July 20, 1972, • ART• WR C,, BlIEWESEN, JR. Mayor iiTT E ST - • (signed) 7LORLMU B. ILA0,13BAG Village Clark • (Y) (Official Publication) V11j F. oil EDIM-1 4801 W. -')-GT . STRLVI EDINA, HIA3 E SOTA 55424 MIME OF PUBLIC ITZAR11-Z ON 1?i ROPUS:E0 S'►".R69, HATI , GlFvi_\r, ,L S EDI'M VILLAGE COUNCIL will ::r-_et at the Edina Tillage hall, [801 Best 50th Street on Monday, July 1.7, 1972, at 7:00 p,m., anti will, at: said tine and place, consider the proposed street name changes in the following to "Londonderry Drive". All of that portion of: Londonderry Road as shown am' described on the plat. of Walnut Ridge Third Addition lying IJ^s t of the East line of 7 of S, Block 1, extended; cnd All of that part of Londonderry Road as s'hmn and designated on the plat of Londonderry; and All of Londonderry Circle as shown and designated on the slat of Walnut Ridge Third Addition.. All persons CeDiring to be heard on the above street name change: are requested to paesent themselves at said meeting;. BY OUTER OF THE EDINA VILLAGE COU14CIT 3, M%.LzBZX Please publish i►1 the Edina Sun on July 6 and 13, 1972. Please send us two Affidavits of Publication. Pleas: send us ter. cli,pi:zgs. THE 7iILL!'v:r COUT���t 0- �.�'la..i VS �'eL`t�lc�.s� !.'�AiL ���ZGi� Gl �.t a���+i..•�: 'action i . ri•T 1 if tl:a4 portion r:" ?,ondc'3Cx =y Road as shim 1: qt aad �. L.on?'i'_i: T� .. O_r_ '�' Ii?t�;: h:'.CZ�^y� .Li R± A,�c"�i}.i:.`_fSLi 1.yt.L;g 4:1a.91: c:r". CL:a E2:ii1. Cl 1 Y t t2_£i^ C3. �eo i , McC1. '4y L'�i:2-a(l.ad ;s a �_C �- , to J '.? �.1.Ytr ... .0 n1:: tJ'yi 7.'��:b...i:l3Ct �iiYL..3I �.eE ;..�_ . IS, �1C. All of- that pat of Londonderry Road as si own and Gam: ""'I" Ci CJ. �i:� Fsj 4 y t c--r �� � fa s lni: of �_r:r idortdc I. he :aby . n -� Y ;.. n '•V i .i 's"..:..e.Y1�_.ts xJT2Ci©.. �i rry 77 Sec. 3. All o Ali L1doi1darzy C.w rcla c silwii 1 ,-jcS &-s i YE=C•.};, ed On Giy 4: L:�:.. e'i ��,.! i:�,.%L aL:.:: ^ T- Addition �e n G' 1,-n= s7. .. > ,3 t�� �i 4Y; ��.�,.,._ pia fy .i.rd Gr;a y* . .a r Lt ,orYc.one. .: vo . S--c. I.. '�'Ms ord nanco s :al by i-a full force -nrl ef-fect from Fir -St RCZ— 1=3— July 17, 1972 ( sib) ARQW-1. CS BLEDESEN.. JR. iityor A'kj%si l `J 1 1'e el M98 .'%llag Clia r : Please publish in the Ldi"& Sun oh July 20, 1512. Pleasa series us two 4--fidavits of Publication. Pleasa send us tei elf?pi.ng;s. lovit SUNNEWSPAPERS AFFIDAVIT OF PUBLICATION EDINA SUN 6601 W. 78th St. Bloomington, Minnesota State of Minnesota ss. County of Hennepin J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known as The Edina Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. (5) Said newspaper purports to serve the City of Edina in the County of Hennepin and it has its known office of issue in the City of Bloomington in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours to the business of the newspaper and business related thereto. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed Ordinance No. 3 hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English languag6, once each week, for 011e successive weeks; that it was first so published on Thrs the 20th day of July , 19—a and was thereafter printed and published on every to and including the day of , 19 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to -wit: abcdefghi jklmnopgrstuvwxyz abcdefghijklmnoparstumxyz Ale Subscribed and sworn to before me this 2j tJ day of J 113.y , 19-M (Notarial Seal) L G. M. Vest, Notary Public, Hennepin County, Minn. My Commission Expires April 18th, 1979. File No. Affidavit of Publication EDINA SUN Edina, Minnesota In The Matter Of STATE OF MINNESOTA ) COUNYf OF HENNEPIN SS. VILLAGE OF EDINA ) CERTIFICATE OF MAILING NOTICE I, the undersigned, b,.-ing the duly qualified acting Village Clerk of the Villa e of Edina, Minnesota, hereby certify that on the following date Z---�--- , 19-22;.---, acting on behalf of said Village I deposited in the Unite States mail copies of the attached (Exhibit A), enclosed irl sealed envelopes, with postage ~theracr duly prepaid, addressed to the persons at the addresses as shown on the mailing list (Exhibit R) attached to the original hereof, which list is on file in my office, said persons being those appearing on the records of the County Auci.tor as owners of the property listed opposite their respective names, as of a date days prior to the date of the hea.rinh; and that I also sent said notice to the aollowing corporations at the indicated addresses whose property is exempt from taxation and is therefore not carried on the records of said County Auditor. Name Address WITNESS my hand and the seal of said Village this % day of S y: Edina Village Clerk VILE -WE OF EDINA 4$01 W,, 50TH STROET EDINA, HINNESOT.A. 55424 NarICE OF PUBLIC 1F.AR1% ON PROPOSED STREET NAME CAL NGgS EDINA VILLAGE COUNCIL will meet at the Edina Village Hall, 4801 West 50th Street on Monday. July 17, 1972, at 7:00 p,.mo, and will, at said time and place, consider the proposed street naasc changes in the following to "Londonderry Drjve". All of that portion of Londonderry Road as shcxen an, --- described on the plat of Walnut Ridge 11iird addition lying West of the Gast line of "ot C, Block 1, extended,, and All of that part of Londonderry Road as shown and designated on the plat of Londonderry, :and All of Londonderry Circle as shown and designated on the plat of Walnut Ul dge 'Third Addition. All persons C-esiring to be heard on the above street name changes are requested to present themselves at said meeting, BY ORDER O8 T1rZ' EDINA VILLP,GE COUNCIL„ Vitiage Lierk July 7, 1972 7 0 NOTICE OF PUBLIC HEARING - PROPOSED STREET NAME CHANGE VILLAGE OFF EDINA 4801 W. 50TH STR2b'T EDINA, HIt MSQTA 55424 NOTICE OF PUBLIC HEARIX ON 7P�i0POSi;Ri StR.i H CRiJ��. L'S EDINA VILLAGE COUNCIL will meet at the Edina Village Hall, 4801 West 50th Street on Monday, July 17, 1972, at 7:00 pogo, and will, at said time and place, consider the proposed street ram changes in the following to 10Londonderry DrPe" e All of that portion of Londonderry Road as shaven any+ described on the plat of Walnut Ridge Third Addition lying Wiest of the East line of Lot B, Block 1, extended.; and All of that part of Londonderry Road as shown and designated on the plat of Londonderry; and All of Londonderry Circle as shown and designated on the plat of Walnut Ridge Third Addition. All persons 6-esiring to be heard on the above street name: changes are requested to present themselves at said meetings BY ORDER OF 'IRAs EDINA VILL&GE COUNCIL. 3 UA,.LD1_ZRG Vi Lkage Clerk July 7, 1972 STREET NAME CHANGE ORDINANCE 3 THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. All of that portion of Londonderry Road as shown and described on the plat of Walnut Ridge Third Addition lying West of the East line of Lot 8, Block 1, extended is hereby renamed "Londonderry Drive". Sec. 2. All of that part of Londonderry Road as shown and designated on the plat of Londonderry is hereby renamed "Londonderry Drive". Sec. 3. All of Londonderry Circle as shown and designated on the plat of Walnut Ridge Third Addition is hereby renamed "Londonderry Drive". Sec. 4. This ordinance shall be in full force and effect from and after its passage and publication. First Reading: July 17, 1972 Second Reading: Waived Published in the Edina Sun on July 20, 1972. ATTEST: (signed) FLORENCE B. HALLBERG Village Clerk (signed) ARTHUR C. BREDESEN, JR. Mayor (3) i i • • • • • • • • • • • i • • • • (OfficialPobtlead") VILLAGE OF EDINA 4NI W, 50TH STRE9'1' EDINA, MINN. MAU - STREET NAME CHANrrE ORDINANCE 4 THE VILLAGE COUNCIL -0F THE THE SUN NEWSPAPERS OF EDINA, [dINNESOTA, ORDAINS: Section 1. West 62nd Street Tracy AFFIDAVIT OF PUBLICATION Avenue to 13511 lee, W by Te- named "Olinger Blvd. ".`� Sec. 2. York AwnueauXom W. 74th Street to W. 75th,.90eet is. hereby renamed "York Terrace's;,, :.. Sec. 3. Roushar Bind is'ttereby re- named 4LincolnDriver- Sec. 4 This ordinate shah tie,in toll force and effect from a#* after its pas- sage and publication. First Reading: August 21.1972 Second Reading: September 14, 1972 I signed) ARTHUR C. BREDESEN, JR. 6601 W. 78th St. Bloomington, Minnesota ATTEST Mayor (signed) FLORENCE B. HALLBERG Village Clerk (Sept.21, 1972)—ED-IOC-2A State of Minnesota ss. County of Hennepin J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known as The Edina Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. (5) Said newspaper purports to serve the City of Edina in the County of Hennepin and it has its known office of issue in the City of Bloomington in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours to the business of the newspaper and business related thereto. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed Ord No ), hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English langua96, once each week, for gD— successive weeks; that it was first so published on Thurs. the 21St day of n"�+�P + 191-2-_ and was thereafter printed and published on every to and including the day of , 19— and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to -wit: a be d of gh i j klmn opg rs tuvwxyz abcdef ghi jklmnopgrstuvwxyz Subscribed and sworn to before me this 21st day of Sept • 197 (Notarial Seal) A4isr4009-- G. M. Vest, Notary Public, Hennepin County, Minn. My Commission Expires April 18th, 1979. File No. Affidavit of Publication -0 EDINA SUN Edina, Minnesota In The Matter Of (Offtcial Publication) VILME UP vD114A "01 W. 30TH SI MOET EBINA, NIMES= 35424 NIMICE OF PUBLIC IMMIM ON PROPOSED STYM,:ET I1,1IC C111AMES EDINA VILK GO CGUNCII, :ii? m,-et at the Edina Wllage Itall, 4801 04 50th Street, on ;Monday, August 21, 19i2, at 7:00 p4m., and vi31 at said p1=cL and time consider the following proposed street rear;- changes: West 62nd Street from Tracy Avwwe to 1350 feet Wast to "Olinger Blvd". York Averue South from W. 74th Street to V. 75th street to "York Terrace". Roushar. Read to I'Lincoln Drive". All Parsons desiring to be Beard on the a'eove street name changes are requested to present t(se,uselves at said ratting. BY ORDER OF THE EI INA VI1,3A��, COUNCIL. Village Clerk Please publish in the Edina Sun on August 10 and 17, 1972. Please send us two Affidavits of Publicatio . Pleas: sea'" us ten clippings. Notice of Public Hearing - W. 62nd St. Name Change 7 2- - VILUZO OF XD114A 4801 W. 50TH .13TRISPET EDINA, NIMBSOTA 55424 NOTICE OF PMLIC 3411R.11,4 PROPOSED STTIEST MVIAZ. EDINA VILUGO COUNCIL vill met at the Mna Village Uall, 4801 Ny. 50th Street, on Monday, August 21, 1972, at 7-.00 jpom., and -will at sa-i'd Place and time consider the gollowit.%.- proposed street nama caAnges: West 62nd Street groin Tracy Avenue to 1550 feet West to "Olinger 31-vd". York Avenue South from W. 74th Street to UT. 75th Street to "York Terrace". I Roushar Road to "Lancoln Drive". All persons desiring to be heard on the above street name chan3es are requested to present themselves at said r-aeting. BY ORDER OF THE EDINA VIULAGE COUNCIL. P IMOMENCS B. HALLBSRG Village Clerk Notice of Public Hearing York Ave. Street Name Change - //- 7--x-- 7-;k— Ag"- e�z— «4 � O 0 G. NOTICE OF PUBLIC HEARING _ Roushar Road Street Name Change CCCc �' 7 =-3— STATE OF 1aNNESOTA ) COMM OF HENNEPIN SS. CERTIFICATE OF MMLING NOTICE VILLAGE OF EDINA I, the undersigned, being the duly qualified acting Village Clerk of the Village of Edina, Hinnesota, hereby certify that on the following date __—Au&ust�11 , 1972 acting on behalf of said Village I deposited in the Uinited States mail copies of the attached NOTICE OF PUBLIC HEARING - Roushar Road Street Name Change (Exhibit A), enclosed in sealed _c: n with postage thereon duly prepaid, addressed to the persons at the addresses as shcrdn on the mailing list (Exhibit B) attached to the original hereof, which list is on file in my office, said persons being those appearing on the records of the County Auditor as owners of the . property listed opposite their respective names, as of a date 10 days prior to the date of the hearing; and that I also sent said notice to the following corporations at the indicated addresses whose property is exempt from taxation and is therefore not carried on the records of said County Auditor. Name Address WITNESS my hand and the seal of said Village this %A, ®f August , 1972 s`� _.e '6_ Edina Village Clerk 1664 >qV4 0 r _ l SZ� 311. - 7/ asp/�- • ��,..� �-� Cam.-.�.�._ ,� �-r'- �.�.` � — VILL%GVI UP wOsIdti 4-801 W. 50TH ST%= EDINA, WRIMISMA - 55-424 NOTICZ OF PUZLIC 1MARIM ON PROPOSED STr"r,?ET murz ewmesr.s - A EDINA VILLAGO COUNCIL will meet at the Edina Village 111"-11, 4`01 W. 50th Q Street, on Ilan day, August 21, 11,172, at 7:00 p0m., and wIM at said place and time consider tha following proposed street nar-- changes: 42 Viest 62nd Street from Tracy Avenue to 1350 feet Wlest to "Olin-er Blvd". York Avenue South from W. 74th Street to W. 75th Street to "York Terrace". Roughar Road 1---o "Lincoln Drive". All persons desiring to be heard on the above street nai:•2 changes are requested to present themselves at said naetin3- BY ORDER OF TRY, EDINA VlMaiG-w COUNCIL. FLORENCE B. 1111,11MRG Villa3e Clerk .Aug .,ust 11, 197-1 VILLAGE OF EDINA 4801 W. SOTH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC DARING ON PROPOSED STREET I E EDINA VILLAGE COUNCIL will meet at the Edina Village Hall, 4801 West 50th Street, on Monday, March 1, 1971, at 7:00 p.m., and will, at said time and place, consider the proposed street name: Outlot B, Southdale York Addition to "Southdale Circle" All persons desiring to be heard on the above street name are requested to present themselves at said meeting. BY ORDER OF THE EDINA VILLAGE COUNCIL. FLORENCE B. HALLBERG Village Clerk DORSEY, MARQUART WINDHORST, WEST 8, HALLADAY JAMES E.DORSEY(1889-I959) DONALD WEST WALDO F. MAROUART JAM B. WILLIAM AWHITL .WHITLOCK LAW OFFICES CURTIS D.FORSLUND JOHNW.WINDHORST,JR- JOHN W. WINOHORST E. J. SCHWARTZBAUER G. LARRY GRIFFITH MICHAEL PRICHARD HENRY HALLADAY THOMAS M. BROWN 2400 FIRST NATIONAL BANK BUILDING CRAIG -BECK WILLIAM M.HANNAFORD CORNELIUS D. MAHONEY DAVID L-MECUSNEV RICHARD G-SWA NSONJULE ARTHUR B.WHITNEY THOMAS S. ERICKSON M I N N E A P O L I S, M I N N E S O TA 55402 THOMAS O. MOE RICHARD W. DuFOUR,JR. RUSSELL W. LINDOUIST WILLIAM C. BABCOCK JAMES H. O'HAGAN FAITH L.OHMAN DAVID R.BRINK MICHAEL E. BRESS JOHN M. MASON DAVID A_RANHEIM HORACE HITCH PAUL G.ZERBY MICHAEL W. WRIGHT ROBERT J. SILVERMAN VIRGIL H. HILL RAYMOND A. REISTER TELEPHONE: 333-2151 LARRY L. VICKREY WILLIAM R. HIBBS ROBERT V. TARBO% JOHN J. TAYLOR LO REN R-KNOTT KENDALL R. MEYER DEFOREST SPENCER WG-HEINZEN AREA CODE: 612 PHILLIP H. MARTIN PHILIP H.BOELTER ROB ERT J.JOSON WILLIAMILLIAM J. HEM PEL JOHN J. HELD, JR, WILLIAM B. PAYNE M. BHASSELOUIST . UI JOHN S HIBBS CABLE ADDRESS: DOROW REESE C.JOHNSON BRUCE W BURTON PETER DORSEY ROBERT O. FLOTTEN JAMES T. HALVERSON JAN D-STUURMANS GEORGE P. FLANNERY JOHN D. LEVINE CHARLES J. HAUENSTEIN CURTIS L. ROY ROBERT J. STRUYK CHARLES A.GEER ARTHUR E.WEISSERG MICHAEL A.OLSON JOHN C.ZWAKMAN OF COUNSEL DUANE LARRY (� February 15 1971 ry JOHN R.WICKS DAVID E. BRONSON FREDERICK FLANGE ICK Z LA S $. HAYSON THOMAS S. HAY , EUGENE LJOHNSON LELAND W.SCOTT ROBERT O. KNUTSON LEAVITT R. BARKER Mrs. Florence B. Hallberg Village Clerk Village Hall 4801 W. 50th Street Edina, Minnesota 55424 Re: Street Name Change Ordinance Dear Mrs. Hallberg: Enclosed please find a dittomaster containing a redraft of the Braemar Boulevard street name change. You will notice that the ordinance does not amend any existing ordinance and furthermore is unnumbered. It seems to me that it would be preferable not to clutter up the ordinance codification with transitory ordinances such as those for a street name change. Instead, it would seem preferable to not give any number to such ordinances and to accumulate them in a separate book. We hope that you will agree. Of course, such ordinances must be adopted and published as are other ordinances. DFS:mp encl. cc: Mr. Warren C. Hyde Mr. Thomas S. Erickson Very truly yours, DeForest Spencer, Jr.' SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION EDINA SUN 6601 W. 78th St. Bloomington, Minnesota State of Minnesota SS. County of Hennepin J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known as The Edina Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. (5) Said newspaper purports to serve the City of Edina in the County of Hennepin and it has its known office of issue in the City of Bloomington in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours to the business of the newspaper and business related thereto. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed Notice of Hearing hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for tW0 successive weeks; that it was first so published on Thurs the loth day of Aug , 1972 and was thereafter printed and published on every Thurs to and including Thurs the day of BUR , 19_72 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to -wit: abcdefghi j klmnopgrstuvwxyz abcdefghgklmnopgrstuv ryz Subscribed and sworn to before me this 17th day of Aug , 1972 (Notari Seal) / , d"- / - G. M. Vest, Notary Public, Hennepin County, Minn. My Commission Expires April 18th, 1979. Pile No. Affidavit of Publication EDINA SUN Edina, Minnesota In The Matter Of Ikett sUN NEWSPAPERS AFFIDAVIT OF PUBLICATION EDINA SUN 6601 W. 78th St. Bloomington, Minnesota State of Minnesota County of Hennepin ss. J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known as The Edina Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. (5) Said newspaper purports to serve the City of Edina in the County of Hennepin and it has its known office of issue in the City of Bloomington in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours to the business of the newspaper and business related thereto. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two .years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed Street Name Change Ordinance 5 hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for_one successive weeks; that it was first so published on Thurs the 21 day of June , lg 73 and was thereafter printed and published on every and including the day of , 19 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to -wit: abcdefghi j klmnopgrstuvwxyz abcde(Rhijk I mnopprstuvwxyz �k� an — Subscribed and sworn to before me this 21 day of J une 19 7.3 (Notarial Seal) G. M • Vest, Notary Public, Hennepin County, Minn. My Commission Expires April 18th, 1979. (Official Publication) VILLAGE OF EDINA 4881 W. WTH STREET EDINA, MINNESOTA WW24 STREET NAME CHANGE ORDINANCE 5 THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Field Wayen is hereby re- named "Field Way." Sec. 2. This ordinance shall be in full force and effect from and after its pas- sage and publication. First Reading: June 4, 1973 Second Reading: June 18, 1973 (signed) ARTHUR C. BREDESEN, JR. Mayor ATTEST: (signed) FLORENCE B. HALLBERG Village Clerk ( June 21, 1973)—ED-2A-1C File Affidavit of Publication EDINA SUN Edina, Minnesota In The Matter Of STREET NAME CHANGE ORDINANCE 4 THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. West 62nd Street from Tracy Avenue to 1350 feet West is hereby renamed "Olinger Blvd.". Sec. 2. York Avenue South from W. 74th Street to W. 75th Street is hereby renamed "York Terrace". Sec. 3. Roushar Road is hereby renamed "Lincoln Drive". Sec. 4. This ordinance shall be in full force and effect from and after its passage and publication. First Reading: August 21, 1972 Second Reading: September 14, 1972 Published in the Edina Sun on September 21, 1972. ATTEST: (signed) FLORENCE B. HALLBERG Village Clerk (signed) ARTHUR C. BREDESEN, JR. Mayor (4) (Official Publication) VILLAGE OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 §_TREIT NAm CHANGE onighmms 5 UE VILUGB COUNCIL OF THE V'iLLAcz OF EDIFL , HIMSOTA,, ORDAINS: Section 1. Fjeld Wayen is hereby renamed "Field Way". Sec. 2. This ordinance shall be in full force and effect from and after its passage and publication. First Reading,,- June 4, 1973 Second beading: June 18, 1973 (signed) ARTHUR C. I22DESEN. JR. Mayor ATTEST: (signed) FLORENCE B. HALLBEBG Village Clerk Please publish in the Edina Sun on June 21, 1973. Please send us two Affidavits of Publication. Please send us one clipping. SUN NEWSPAPERS - --- -- - -- 01-tl i'Q3—� EL61 'IE'9 tZ sew I >fual0 a8e0lA 8JagtleH 'g aau91013 " IIJNf10J 39V I -11A tlNI03 3H.1 r40 H30H0 Aff AFFIDAVIT OF PUBLICATION °!laawp'es o!1aa(o 11vM suorlepuawwoaa� pup suopoafgo ❑tl neM SUN o1 ua6eM Plalg E DINA aeld p, aweu,Ilim paSo w d 8u!M0 1101 agl 10i uoppad agllaprsuoa 'awp pup aa¢Id pies le `p!M pup wd 00:L le `EL61 't aunr '.(epuoW uo 'hails to% "M 100t '11 eH a8e111A eulP3 aql le _ laaw 1111A 1IDN(103 39VIIIA VNIGS 39NVHJ 3WVN 1:43HIS allsodoud 6601 W. 78th St. Bloomington, Minnesota 9NILY3H317and d0 3J1LON RM V10S3NN1W'YNIQ3 .1331dIs HIM A 100 YNIQ3 30 39VIIIA ruo!1ea!Ignd leptHo1 State of Minnesota County of Hennepin ss. J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known as The Edina Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. (5) Said newspaper purports to serve the City of Edina in the County of Hennepin and it has its known office of issue in the City of Bloomington in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours to the business of the newspaper and business related thereto. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed Hearing on Proposed Street dame Change hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for tW0 successive weeks; that it was first so published on Thurs the 24- day of May , 19 73 and was thereafter Thursday to and including printed and published on every y Thurs the—Il—day of Ma.Y , 19 733 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to -wit: abcdefghi j klmnopgrstuvwxyz /17 abcdef ghq klmnopq rstumxvz Subscribed and sworn to before me this 31 day of May 19 73 1] a 'al Seal) G. M. Vest, Notary Public, Hennepin County, Minn. My Commission Expires April 18th, 1979. File No. Affidavit of Publication EDINA SUN Edina, Minnesota In The Matter Of (Official Publication) VILLAGE OF EDINA 4881 W. Sf1tk STREET EDINA, MINNESOTA SH24 STREET NAME CHANGE ORDINANCE THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. W. 64th Street from Valley 44 010 View Road to the Southwesterly extension the East property line of Lot 3, Blob 2, ofRS SUN NEWSPAPE Edina Valley Estates 2nd Addition is E hereby renamed "Doron Lane". Sec. 2. W. 64th Street from Southeaster- ly extension of the West property line of AFFIDAVIT OF PUBLICATION Block 2, Edina Valley Estates inn Addition to the Southwesterly extension Addition of the Northwesterly property line of Lot 19, Block 2, Edina Valley Estates 2nd Addition is hereby renamed EDINA Lane". m Valley Sec. 3. Limerick Lane from Valley Lane to the Southwesterly extension of the Northwesterly property tine of Lot 19, Block 2, Edina Valley Estates 2nd Addi- tion is hereby renamed "Limerick 6601 W. 78th St. Bloomington, Minnesota Drive". Sec 4. This ordinance shall be in full force and effect on September 1,1973. First Reading: July 2, 1973 Second Reading: July 16,1973 ( signed) ARTHUR C. BREDESEN, JR. '.Mayor ATTEST: (signed) HELEN G. DF.. .1Q Lt. State of Minnesota �lalllud .� _Jas 1,31 -� - County of Hennepin ss. J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known as The Edina Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. (5) Said newspaper purports to serve the City of Edina in the County of Hennepin and it has its known office of issue in the City of Bloomington in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours to the business of the newspaper and business related thereto. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed Ordinance 6 hereto attached as a part hereof was cut from the columns of said newspaper, and was printed one and published therein in the English language, once each week, for- successive weeks; that it was first so published on Thurs the 19 day of J my 19 73 and was thereafter printed and published on every to and including the day of-, 19 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to -wit: abc defghi j klmn opgrstuvwxyz a bcdefghijklm nopgrstuvwxvz Subscribed and sworn to before me this 19 day of J my 19 73 (Notarial Seal) Cr. M. Vest, Notary Public, Hennepin County, Minn. My Commission Expires April 18th, 1979. Pile No. Affidavit of Publication EDINA SUN Edina, Minnesota In The Matter Of sUN NEWSPAPERS Ivit AFFIDAVIT OF PUBLICATION EDINA ,SUN 6601 W. 78th St. Bloomington, Minnesota State of Minnesota County of Hennepin ss. J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known as The Edina Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. (5) Said newspaper purports to serve the City of Edina in the County of Hennepin and it has its known office of issue in the City of Bloomington in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours to the business of the newspaper and business related thereto. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed Notice of Public Hearing hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for tW0 successive weeks; that it was first so Thurs 21 June published on the day of lg 73 and was thereafter Thursday printed and published on every y to and including Thurs 28 June printed copy the day of 19 � and that the followingis a of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to -wit: abcdefghij klmnopgrstuvwxyz abcdefghijklmnopgrstuvwxvz Subscribed and sworn to before me this 28 day of June 1913 (Notarial Seal) G. M. Vest, Notary Public, Hennepin County, Minn. My Commission Expires April 18th, 1979. I Official Publication) VILLAGE OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON PROPOSED STREET NE CHANGE EDINA VILLAGE COUNCIL will meet at the Edina Village Hall, 4801 W. 50th Street, on Monday, July 2, 1973, at 7:00 p.m. and will, at said place and time, con- sider the petition for the following pro - Posed street name changes W. 64th Street from Valley View Road to the Southwesterly Extension of the East property line of Lot 3, Block 2, Edina Valley Estates 2nd Addition to "Doron lane." W. 64th Street from the South- easterly extension of the West prop- erty line of Lot 11, Block 2 Edina Valley Estates 2nd Addition to the Southwesterly extension of the Northwesterly property line of Lot 19, Block 2, Edina Valley Estates 2nd Addition to "Limerick Lane." Limerick Lane from Valley Lane to the Southwesterly extension of the Northwesterly property line of Lot 19, Block 2, Edina Valley Estates 2nd Addition to "Limerick Drive." All objections and recommendations will be heard at said meeting. FLORENCE B. HALLBERG IJune21 & 28, 1973 i—ED2Ag C Clerk File No. Affidavit of Publication EDINA SUN Edina, Minnesota In The Matter Of (official Publication) VIIJAGE OF RI DIF:li 4 1 W. 50TH a��""r.d:.'VE EDINA, MINK O 5!i424 NOTICE OF PUBVic MIAFI C-? ON PROPMED STREST Xi41' CAE ED:XA VISE COUMIL will meet at the Edina Vilig e Hall, 4801 W. 50tb Stl act, on Monday, June 4,, 1973,E at 7:00 p.m., aged i,;ill, at said place anc time, consider Ow the petition for the follawiproposed street nas�: a change: F'jeld Nayen to "Field Way 4 All. objections and ;.Aexwmaandation ,iill be heard at said meeting. BY -,MER OF EDINA V1 LAGE COtlR.l' 1,,. Florewe B. Vallberg Village Cleric Please publish in theEdina Sun on May 24, 1973, and on May 31, 1973. Please send us one Affidavit of Publication. Please send us one clipping. 1/ - Z — / tips 19, 1973 flvnvnabie d4on and t vunclu duza Lii&ge vuw-U l Went 50.th J�'iceet Ld&za, i)i&zne,.,,wa 55423 �eni£emen: The under iined aeju"t .that "Fiefd vajen" be c/wajed .to "fieid wary." Yvuna Lur,&ry, i N c" 6 01 -t-j 7-3 -d L"e-- ;ts. �jo� 1�1� VILLAGE 0u' 3-uxll 4801 W. 50TH S"EPTEET 3A, MAWTSOTA 5 -424 N CE 0.7 LIC N .Aaiwl EDr*#A V1r. 8 COUNCIL will rmet at: the Zdina. Village fall„ 4801 W. 50th t 'eet, on Monday,, June fix 1973, at 7:00 p.m., and vill , at said place 6 ti ,, consider the the petition for th&: following propoaed stira-et na� c f%ne Fjeld Wayen to "Field Way A,17: objections sand recommendations will be hrurd at rwai.d meeting. BY ORDER OF °1W, EDUIA VILL E Ct UXUL. F%oL.vnce B. nall'imrg aileg Clerk STREET NAME CHANGE ORDINANCE 5 THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Fjeld Wayen is hereby renamed "Field Way". Sec. 2. This ordinance shall be in full force and effect from and after its passage and publication. First Reading: June 4, 1973 Second Reading: June 18, 1973 Published in the Edina Sun on June 21, 1973. (signed) ARTHUR C. BREDESEN, JR. Mayor ATTEST: (signed) FLORENCE B. HALLBERG Village Clerk (V 0 • STRUT FI-Aw" GWIM5 OAL Mf� VILL10irvE COUNGIL OF IKV UT"'L TY EUTVA, WLWI,nvlavik, Otuj Scctior. 1, W, fittth from V;.,,3Jay IV. t -er -sion oV the East propart .'? lin-A of Lot 3, !Oc.-I.: Edina valley M t-ater; 2md "Odi'Ziou ij4 'I'Lereby renamed; "Doran Ime Sec, 2 W, 64th Straet from Southr--W3te37177 Of Ii-,h-I WaCt p -operty o.� Lot 11, Dloc!c 2, Edina Valle, Es*,�ca:a4-�, 2nd A&':!XIon t- U %e -Southwetterly er.tension of Oze No-rthwarterly propc-xty litka o1r. Block 2,, Edm iVallc- y Estates end Mditn hf-- io�t: ,-e 0), an i Jitaerick Lenall, Sec. from Valle; Lauve 0:) rim S.uth-m-ste'r'.y ey, -- V, a-- of thNo-Vlveqzerly properzy Una of Lc;,-, 79, b E.-:s .,ates 2nd Adti.4-tio-a io h---reby renanu6 Tjr:. S-- c , 4 'A.Is oridinau,.,s� shall be In. full, :'Jrce ai.-,e effea-L on VTI-,C�Dt July 2.!, 1,73 Z I -,�t�nd lit-ading-, A0 16, 191�, rAI.Ilz -,,i July 19, 1973- C., BFUMMI, A- 0 �,guedl H37.1"'. @= Y TO RESIDENTS OF W. 64TH STREET: As you are probably aware, your street name was changed by the Edina Village Council on July 16, 1973, with the effective date being September 1, 1973. In addition, the following addresses will also be changed, effective September 12 1973, as indicated: PRESENT ADDRESS NEW ADDRESS 6400 W. 64th St. 6311 Doron Lane 5604 W. 64th St. 6307 Doron Lane 5608 W. 64th St. 6303 Doron Lane 5601 W. 64th St. 6308 Doron Lane 5605 W. 64th St. 6304 Doron Lane 5609 W. 64th St. 6300 Doron Lane 5501 W. 64th St. 6317 Limerick Lane 5505 W. 64th'St. 6321 Limerick Lane 5508 W. 64th St. 6324 Limerick Lane 5509 W. 64th St. 6325 Limerick Lane 5512 W. 64th St. 6328 Limerick Lane 5504 W. 64th St. 6320 LibetteXibe"ck Lan 5500 W. 64th St. 6316 Li*8ticXiia" 5412 W. 64th St. 6312 Limerick Lane 5408 W. 64th St. 6308 Limerick Lane 5404 W. 64th St. 6304 Limerick Lane 5402 W. 64th St. 6300 Limerick Lane 5400 W. 64th St. 6403 Limerick Drive This notice is being sent to Northern States Power Company, Northwestern Bell Telephone Company and the Minneapolis Gas Company as well as to the Edina School District offices, the Edina Directory, the Post Office and the County Auditor's office. All records here at the Village Hall are being changed also. All other address changes will be your own responsibility. Along with a copy of the Ordinance providing for the street name changes, cards are being enclosed for each registered voter. It will be necessary for each voter to do the following: 1. Sign the first and last copies of the 3" X 3" Voter Registration Card. 2. Sign the two tapes on the long registration forms. (Indicated by "V) (Because we are in the processing of changing over to the new registra- tion system passed by the Minnesota State Legislature, it is necessary to complete all of these forms at this time.) 3. Sign the Change of Address card. 4. Return all voting registration materials to us in the enclosed self- addressed stamped envelope. If you have any questions regarding this change, please feel free to call the Village Clerk at 927-8861. August 14, 1973 (Official Publi"tien) ZI DI A Ce t N ?..T ?' m` et at the Edina. Vi a-e Ea , .(.1 !_ 5 t�: h Street: an iY�ande , my 2, 1973, at 7(:00 p.m. and will, at said place an 4.�. mo , cons -Lde F. the Y eti t l-, �-the treet name La:zn�;eS W. 6 4ZIi Street ro-ia Valley Vic,, RL3c7,t? `.;o the Sion Of F:R' .''ast'. P2..Ope ty i. c oZ L t 3, Block 2, i's1:f.na V'all"`;7 VJ. 64Lh Stree:,. Lh-:e Sruthc-:-,tvrl.; c •enw'aCa of tine i c.f:f. Property 3.1110 o- L'u4 __.1, Block 2, Ed. —la Valley -°,stateo 21-id Additioa2 to t5.1!a Sotitl v3 psi:-- l c;;,+: c-noJ.J:? of tLe Nortf24F--stc a yz: PZ013erta 11.11C 0' Lot ;?.�, Block "?, IMina V-113.a1 Est at-OG 2nd Additi.011 to "Vj.In2::iCk Lane". Limarick Of the L;diaa V? e. t i.: sE --F tcr, 2 id hdd t.'.. k ''Zo- `'7.9_.13E i cL Drive'". n mall O�C'a.'(311a �f':C: tCe(1T:r.iL'd3<i^.t 1eZWE* t'rH... fir. .'LC:i}.i'CI at .eu`1'".LI ..C'tiTY' , Ploa3u publish in t►le 1 dina Sun on June 21 an' 1913. Pi ra 4 sand us two Affidavits of publicacian. Please: send us one: clipping. M E? DTisfS, 4'���l ui?'v '�a �✓�S�t3 - r C: 6IJLs.4.a w.:eSvV t2; T:.P:M JTMEE M'J-1-113 4;`iGES :? i�Z� =-L CGU74XIL o ll meet at the Edina V-11 .age I1--i3, 4u01 W. 50th Street, an £°ionday, August 21, 1972, aU 7:00 and -will at said pls6a and tires consider tlha following p oo r-_u .stsa,_t tea. c_t;mzyes. x, e. ;t 62nd Srrceat from zrp-cy - ,ion e tc 1350 ties: pie t to "Olinger Blvd". Y'oric :ST,euua South 3 rom W. 74P,:Li Ji:rcat to W. 75+I1 S;::.'L?e!:t.f7 tiYOf c: 72L?"iaCx"'.."a Rouis iar Rouu I-o "Lincoln All ppersons desiring to be h2ar i o:i thze a :-.)ve straet zi=2 changes are licqZ'asted to present at said r..aet-ing. Yy bl'� 1S.n :.lr�i iS,lav�S. �.+''o H: Bldl.�.i illaga Clerk li�tni=it. 11, 1972 f eC is 111 i14�f IPLIIC �J /w/r e v STfi=i I /tl�fwle— i1�/1.'lF- :I 73 O STREET NAME CHANGE ORDINANCE 6 THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. W. 64th Street from Valley View Road to the Southwesterly extension of the East property line of Lot 3, Block 2, Edina Valley Estates 2nd Addition is hereby renamed "Doron Lane". Sec. 2. W. 64th Street from Southeasterly extension of the West property line of Lot 11, Block 2, Edina Valley Estates 2nd Addition to the Southwesterly extension of the Northwesterly property line of Lot 19, Block 2, Edina Valley Estates 2nd Addition is hereb, renamed "Limerick Lane". Sec. 3. Limerick Lane from Valley Lane to the Southwesterly exten- sion of the Northwesterly property line of Lot 19, Block 2, Edina Valley Estates 2nd Addition is hereby renamed "Limerick Drive". Sec. 4. This ordinance shall be in full force and effect on September 1, 1973. First Reading: July 2, 1973 Second Reading: July 16, 1973 Published in the Edina Sun on July 19, 1973. ATTEST: (signed) ART HUR C. BREDESEN, JR. Mayor (signed) HEXZOI G. DEM Deputy Village Clerk STREET NAME CHANGE ORDINANCE 8 THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. McCauley Lane is hereby renamed "McCauley Terrace" Sec. 2. West Highwood Drive in Whiteman Addition is hereby renamed "Foxmeadow Lane". Sec. 3. This ordinance shall be in full force and effect on March 15, 1976. First Reading: February 23, 1976 Second Reading: Waived Published in the Edina Sun on March 3, 1976. ATTEST: (signed) FLORENCE B. HALLBERG City Clerk (signed) JAMES VAN VALKENBURG Mayor (8) (Official Publication) CITY OF EDINA 4801 W. 50TH STREET EDINA, MINUESOTA 55424 STREET NAME CHANCE ORDINANCE 8 THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. McCauley Lane is hereby renamed "McCauley Terrace". Sec. 2. West Highwood Drive in Whiteman Addition is hereby renamed "Foxmeadow Lane". Sec. 3. This ordinance shall be in full force and effect on March 15, 1976. First Reading: February 23, 1976 Second Reading: Waived (signed) JAMES VAN VALKENBURG Mayor ATTEST: (signed) FLORENCE B. HALLBERGG City Clerk Please publish in the Edina Sun on March 3, 1976. Please send us two Affidavits of Publication. Please send us one clipping. January 5 1976 Dear Mr Dunn: Enclosed is a check for ``?,07Z f0 en�a' Bring services .regards to cCauley Heights Fifth art Addition. Three copies of the new easement forms were also returned to you today in a separate envelope. Can you advise me what the procedure is in regards to filing this resolution with the Hennepin County Register of Deeds office following the meeting on January 19th? With reference to McCauley Lane, would you also please advise me what steps to follow in making preparations for the new road. I would also like to petition for a name change to McCauley Terrace. Thank you for all of your help. of January. Sincerely, Betty J McCauley CII See you on the 19th (Official Publication) CITY OF EDINA 4801 W.,50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON PROPOSED STREET NAME CHANGES EDINA CITY COUNCIL will meet at the Edina City Hall, 4801 W. 50th Street, on Monday, February 23, 1976, at 7:00 p.m., and will at said place and time consider the following proposed street name changes:. McCauley Lane to "McCauley Terrace" West Highwood Drive in Whiteman Addition to "Fox Meadow Lane" All recommendations and objections will be heard at said meeting. BY ORDER OF THE EDINA CITY COUNCIL. Florence B. Hallberg City Clerk Please publish in the Edina Sun on February 10 and 17, 1976. Please seed us two Affidavits of Publication. STREET NAME CHANGE ORDINANCE 8 THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. McCauley Lane is hereby renamed "McCauley Terrace". Sec. 2. West Highwood Drive in Whiteman Addition is hereby renamed "Foxmeadow Lane". Sec. 3. This ordinance shall be in full force and effect on March 15, 19.76. First Reading: February 23, 1976 Second Reading: Waived Published in the Edina Sun on March 3, 1976. ATTEST: (signed) FLORENCE B. HALLBERG City Clerk (signed) JAMES VAN VALKENBURG Mayor (8) STREET NAME CHANGE ORDINANCE 9 THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Marth Road is hereby renamed "Marth Court". Sec. 2. This ordinance shall be in full force and effect on May 4, 1977. r First Reading: April 18, 1977 Second Reading: Waived Published in the Edina Sun on May 4, 1977. ATTEST: (signed) FLORENCE B. HALLBERG City Clerk (signed) JAMES VAN VALKENBURG Mayor (9) yt SUNNEWSPAPERS AFFIDAVIT OF PUBLICATION EDINA SUN 6601 W. 78th St. Bloomington, Minnesota State of Minnesota ss. County of Hennepin J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known as The Edina Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. (5) Said newspaper purports to serve the City of Edina in the County of Hennepin and it has its known office of issue in the City of Bloomingtcn in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours and at which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper is made available at single or subscription prices to any person, corporation, partnership or other unincorporated association requesting the newspaper and making the applicable payment. (8) Said newspaper has complied with all foregoing conditions for at least one year preceding the day or dates of publication mentioned below. (9) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed Street Name Change Ordinance 8 hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for one successive weeks; that it was first so published on Wed the 3 day of March 19 76 and was thereafter printed and published on every and including the day of , 19 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to -wit: abcdefghijklmnopgrstuvwxyz 7 Subscribed and sworn to before me this 3 day of March 19! M.IM,'WV�Mn,�.A,1A,1b1A&"VA AA FA j73 .vAyvV,v VVVVY (Official Publication) CITY OF EDINA 4801 W. 50TH STREET EDINA, MINN. 55424 STREET NAME CHANGE ORDINANCE 8 THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. McCauley Lane is hereby renamed "McCauley Terrace." Sec. 2. West Highwood Drive in Whiteman Addition is hereby re- named ' `Foxmeadow Lane." Sec. 3. This ordinance shall be in full force and effect on March 15, 1976. First Reading: February'23, 1976 Second Reading: Waived JAMES VAN VALKEN$URG Mayor FLORENCE B. HALLBERG City Clerk (March 3, 1976)—ED File No. Affidavit of Publication 0 EDINA SUN Edina, Minnesota In The Matter Of SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION EDINA SUN 6601 W. 78th St. Bloomington, Minnesota State of Minnesota ss. County of Hennepin J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known as The Edina Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50% of its news columns ddvoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. (5) Said newspaper purports to serve the City of Edina in the County of Hennepin and it has its known office of issue in the City of Bloomingtcn in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours and at which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper is made available at single or subscription prices to any person, corporation, partnership or other unincorporated association requesting the newspaper and making the applicable payment. (8) Said newspaper has complied with all foregoing conditions for at least one year preceding the day or dates of publication mentioned below. (9) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed Notice Of Public Hearing hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for two successive weeks; that it was first so published on Wed the 11 day of February 19 76 and was thereafter printed and published on every Wednesday to and including We d the 18 day o ebruary 19 766 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to -wit: abcdefghijkimnopgrstuvwxyz • Subscribed and sworn to before me this 18 day of February 19 76 x M,n�* MURIEL L. QUIST NOT 1J" C - 2WJNESOX My Comm. xpiie my 28, 1978 Y � (Official Publication) CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON+(PROPOSED STREET NAME CHANGES EDINA CPS COUNCIL will meet at the Edina City Hall, 4801:W. 50th Street, on Monday, February 2�, 4976, at 7:00 p.m., and will at said place and time consider the following prop- osed street name changes: McCauley Lane to "McCauley Terrace" West Highwood Drive in Whiteman Addition to "Fox Meadow Lane" All recommendations and objec- tions will be heard at said meeting. BY ORDER OF THE EDINA CITY COUNCIL: FLORENCE B. HALLBERG City Clerk (Feh 11 R 19 14741__Fr) File No Affidavit of Publication EDINA SUN Edina, Minnesota In The Matter Of SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION EDINA SUN 6601 W. 78th St. Bloomington, Minnesota State of Minnesota ss. County of Hennepin J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known as The Edina Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50% of its news columns ddvoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. (5) Said newspaper purports to serve the City of Edina in the County of Hennepin and it has its known office of issue in the City of Bloomingtcn in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours and at which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper is made available at single or subscription prices to any person, corporation, partnership or other unincorporated association requesting the newspaper and making the applicable payment. (8) Said newspaper has complied with all foregoing conditions for at least one year preceding the day or dates of publication mentioned below. (9) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed Notice of Public He a r in.g hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for t W O successive weeks; that it was first so published on We d the 30 day of March—, 19__Z7 and was thereafter printed and published on every Wednesday to and including Wed the 6 day of April 19! and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to -wit: abedefghijklmnopgrstuvwxyz Subscribed and sworn to before me this 6 day of April , 19 % x r MURIEL L. QUIST S'f NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY Z My Comm. Expires July 28, 1978 xV • (Official Publication) CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 NOTIC BLIC HF4RING ON *E,CHWNGE EHIN CIT COUNCIL, will meet the Edina•lly Hall on Monday, sairil 18. 19 ' t 7:00 p.m., and will at d time anti place consider the peti- tion for the change of the name of March Road north of W 78th Street in the City of -Edina to 'tMarth Court. All recommendations and objec- tions will be heard at said meeting. BY ORDER OF THE EDINA CITY COUNCIL, FLORENCE B. HALLBERG, City Clerk ( March 30, April 6, 1977)—ED File No Affidavit of Publication -0 EDINA SUN Edina, Minnesota In The Matter Of SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION EDINA SUN 6601 W. 78th St. Bloomington, Minnesota State of Minnesota ss. County of Hennepin J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known as The Edina Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. (5) Said newspaper purports to serve the City of Edina in the County of Hennepin and it has its known office of issue in the City of Bloomingtcn in said county, established and open during its regular business hours for the gathering of news, saie of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours and at which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper is made available at single or subscription prices to any person, corporation, partnership or other unincorporated association requesting the newspaper and making the applicable payment. (8) Said newspaper has complied with all foregoing conditions for at least one year preceding the day or dates of publication mentioned below. (9) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed St. dame Change Ordinance 9 hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for One successive weeks; that it was first so Wed. '' published on the day of .ay 1977 and was thereafter printed and published on every and including the day of , 19 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to -wit: abcdefghijklmnopgrstuvwxyz Subscribed and sworn to before me thin 4 day of Nlay 19 77 7t x MURIEL L: QUIST NOTARY PUBLIC — MINNESOTA 19— HENNEPIN COUNTY My Comm. Expltes July 28.1978 x (Official Publication) STREET NAME CHANGE ORDINANCE THE CITY CO�OF C 0 ,CITY rth Ro d "March Court. See. 2. This ordinance shall be in Fi 1 ReadiNnApr�� 1jb'" Second Itpad -Q30 ow so-4 U10 JAMESVAN VALKENBURG ATTEST Mayor FLORENCE HALLBIMOK- Cityty Clerk (May 4, 1977)—ED File Affidavit of Publication EDINA SUN Edina, Minnesota In The Matter Of A. ok a �, City of Edina, Minnesota OFFICE OF THE CITY CLERK 4801 West 50th Street • Edina, Minnesota 55424 • (612) 927-8861 DATE: 2 / 1 / 91 TO: Chief Draftsman County Auditor's Office A606 Government Center Minneapolis MN 55487-0066 RE: Street Name Change - Coventry Way ITEM(S): NO. DESCRIPTION 1, Certified copy of Street Name Change Ordinance 10 PURPOSE: As you requested Review and return % For your information Reply to sender For your approval Other (see remarks) REMARKS: We note that the Hennepin County maps do not reflect the street name change per the attached ordinance. Please change your records accordingly and inform other Hennepin County departments who need this information. Thanks for your assistance. CITY OF EDINA 4801 WEST 50TH STREET, EDINA, MINNESOTA 55424 612-927-8861 STREET NAME CHANGE ORDINANCE 10 THE CITY COUNCIL OF THE CITY OF,EDINA, MINNESOTA, ORDAINS: Section 1. Florence Lane is hereby renamed "Coventry Way". Sec. 2. This ordinance shall be in full force and effect on May 1, 1978, and upon its publication. First Reading: April 3, 1978 Second Reading: Waived Published in the Edina Sun on April 12, 1978. (signed) JAMES VAN VALKENBURG Mayor ATTEST: (signed) FLORENCE B. HALLBERG City Clerk STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina, do hereby certify that the attached and foregoing Ordinance 10 is a true and correct copy of the Street Name Change Ordinance 10 duly adopted by the Edina City Council at its Regular Meeting of April 3, 1978, and as recorded in the Minutes of said Regular Meeting. This is to further certify that the subject street is located in the Lyle Buchanan Addition which plat was filed with Hennepin County on August 16, 1976. WITNESS my hand and seal of said City this 1st day of February, 1991. Marcella M. Daehn City Clerk STREET NAME CHANGE ORDINANCE 10 THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Florence Lane is hereby renamed "Coventry Way". Sec. 2. This ordinance shall be in full force and effect on May 1, 1978, and upon its publication. First Reading: April 3, 1978 Second Reading: Waived Published in the Edina Sun on April 12, 1978. ATTEST: (signed) FLORENCE B. HALLBERG City Clerk (signed) JAMES VAN VALKENBURG Mayor (10) STREET NAME CHANGE ORDINANCE 10 THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Florence Lane is hereby renamed "Coventry Way". Sec. 2. This ordinance shall be in full force and effect on May 1, 1978, and upon its publication. First Reading: April 3, 1978 Second Reading: Waived Published in the Edina Sun on April 12, 1978. ATTEST: (signed) FLORENCE B. HALLBERG City Clerk (signed) JAMES VAN VALKENBURG Mayor IAA jo wba na n 3ruc. 7900 12th AVENUE SOUTH, MINNEAPOLIS, MINNESOTA 55420 Phone (612) 854-7900 March 24, 1978 Honorable James Van Valkenburg, Mayor of Edina and members of the council: C. Wayne Courtney Fred Richards June Schmidt Willis F. Shaw As I will not be able to be present at the hearing, April 3, 1978 on the petition to change the name of "Florence Lane", the street and entry to the Lyle Buchanan addition to the city of Edina - to "Coventry Way", please refer to the enclosed attestment and respectfully enter the same in my behalf at the hearing of the petition. I am enclosing a letter sent to each property owner in the addition to appeal to their reconsideration and accept the name of the street as properly recorded. Sincerely, U� LFB:jq Lyle F. Buc anan enc, v Representing the Manufacturer to the Premium Trade P C 3putbauau 3nc. 7900 12th AVENUE SOUTH, MINNEAPOLIS, MINNESOTA 55420 Phone (612) 854-7900 March 24, 1978 STATEMENT With reference to a petition before the council to change the name of duly recorded street, "Florence Lane", city of Edina. I, Lyle F. Buchanan, submit the following as an attestment to retain Florence Lane as an access to the Lyle Buchanan addition of the City of Edina, Hennepin County, State of Minnesota. Lyle Buchanan addition to the City of Edina, was established as an entity, August 1976. The entry and access to said addition was identified as Florence Lane. The addition con- sisted of 14 lots, two of which were deeded to the former owners of the area. 12 lots were offered for sale and addition was clearly established with street and curb and named Florence Lane. It was quite clear to those who pur- chased these lots that the name of the street was as estab- lished as well as the name of the addition itself, and - if the name of the street was that objectionable, should not have located in the addition. The name Florence is and has been a well accepted reference as a city, county, township, park, etc. - the most respected being Florence, Italy. It is felt by the undersigned that the name is well chosen and should remain as recorded. Re, ectfully, .LFB:jq L;le F. Buchanan Representing the Manufacturer to the Premium Trade Outbanan Ync. 7900 12th AVENUE SOUTH, MINNEAPOLIS, MINNESOTA 55420 Phone (612) 854-7900 March 24, 1978 It has come to my attention that a petition has been entered with the city of Edina, to change the name of the street, ".lorence Lane" to "Coventry tray". It is felt that being the developer of the area as well as being a property owner like you, that I should have been con- sulted on the matter. All of the other property owners were contacted. To evaluate the petitioned name, I referenced the American Heritage Dictionary to learn what it had to say about the two names. Please refer to the following copy taken from the above source: Coventry (kuv'an-tre). An industrial city of central War- wickshire, England, 18 miles southeast of Birmingham. Popula- tion, 330,000. —send to Coventry. To refuse to associate with; COVENTRY ostracize. [Send to Coventry, from the sending of Royalist prisoners to Coventry during the English Civil War.] Florence= (fl8r'ans, flay'-). Italian FI•ren•ze (fa-rcg'tsa). An- cient name Flo•ren•tl•a (flb-r!n'sha-a). A city cultural FLORENCE center on the Arno in Tuscany, Italy. Population, 456,000. [Fr.-Icb, from Latin Floreigia, "flourishing," from Jlorens, pres- ent participle of Jlorere, to bloom, flourish, from Jlos (stem /lar-). flower. See bhel-3 in Annendix.01 It would appear that "Florence" is not that objectionable and I appeal to all of those who have signed the petition to reconsider. In selecting a new name for the street, if necessary, one could consider several other associations. following, find a few taken from the American Heritage Dictionar GLEN glen (glen) n. Chiefly Scottish. A valley. [Middle English glen, y = from Scottish Gaelic gle(a)nn, from Old Irish glendt.] BRAE Glen Al-byn. See Great Glen of Scotland. brag (bra) n. Scottish. A hillside; slope. [Middle English (Scot- WAYUsh and northern dialects) bra, from Old Norse brd, eyelash. f way (wa) n. Also regional ways (for sense 9). 1. A course af- fording passage from one place to another; a road, path, or highway. 2. Room or space to proceed with any action or course of action: clear the way for a parade. 3. A course that is or may be used in going from one place to another: Show me the way to go home. 4. Progress or travel along a certain route or in I Since Edina is a derivation of Edenburgh, Scotland, perhaps a prefix or suffix using the word Glen or Brae might be appropriate. I am wondering, once you get "hung up" with"Coventry Vaa_V', how long that will be acceptable to new people coming in to the area. It is my feeling that you accepted the name "Florence Lane" when you purchased property in the Lyle Buchanan addition and it should remain as accepted by the City of Edina. LFB:jq Sincerely, Lyle F. Buchanan STREET NAME CHANGE ORDINANCE 10 THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Florence Lane is hereby renamed "Coventry Way". Sec. 2. This ordinance shall be in full force and effect on May 1, 1978, and upon its publication. First Reading: April 3, 1978 Second Reading: Waived ��"asdi JkKLS VAI $ VAL. ENBURG Mayor City Clark Ple3aae pWl.iah in cau Ediva Suu on April 19, 1)7 i. Please send us one Affidavit of Publication. 'ia<ise tsend us one clipping. Jeff_ Ctiistafson 7400 METRO BOULEVARD EDINA. MINNESOTA 55435 TELEPHONE 835-2188 March 15, 1978 Fran Hoffman City of Edina 4801 West 50th Street Edina, Minnesota 55424 RE: Proposed name change for Florence Lane Dear Fran: It is my understanding that several neighbors would like to change the name of Florence Lane to sCWthing more to their liking. As a resident and developer.of_ Florence Lane owning or controlling lots #11, 12, 13, and 14, I agree with Lyle Buchanan, the original developer and owner of lot #9, that the city should not consider any JC/krj cc: Lyle Buchanan 5511 W. Highwood Drive Mpls., Minnesota 55436 CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON PROPOSED STREET NAME CHANGE EDINA CITY COUNCIL will meet at the Edina City Hall on Monday, April 3, 1978, at 7:00 p.m. to consider the following street name change: Florence Lane in Lyle Buchanan Addition to "Coventry Way". All comments and recommendations will be heard at said hearing. BY ORDER OF THE EDINA CITY COUNCIL. Florence B. Hallberg City Clerk v STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS CITY OF EDINA ) CERTIFICATE OF POSTIW, NOTICE I, the undersigned duly appointed and actin- Police Patrolman for the City of Edina, County of Hennepin. State of Minnesota. do hereby certify that I have, this date, posted copies of the attached and foregoing Notice of Public Hearing - Florence Lane Street Name Change on three official City Bulletin Boards, as ~follows: 1. City Hall. 4201 W. 50th Street 2.. 50th and France Business Area (3922 W. 50th St.) 7. Amundson Avenue Shopping Center. Dated 0-5 L j 7 3 Signed)jili Zce olman Signed and sworn to before me, a Notary Public in and-1for Hennepin County, Minnesota, this, th .� day of 19 % XAAAAA.AA.AAAAAAA; kAAAAA4..AAAAAA4AAAAA ` FRANCES J. GRINLEY y NOTARY PU'dl_1C MINNtSOTA '4 9 HENNEPIN COUNTY t ^Ay Commission Expires June 28. 1984 X�"d9YY�dCWY�9� V:l�bdtl�`VdlovViY�rf'VVt'; R-74 CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON PROPOSED STREET NAME CHANGE EDINA CITY COUNCIL will meet at the Edina City Hall on Monday, April 3, 1978, at 7:00 p.m. to consider the following street name change: Florence Lane in Lyle Buchanan Addition to "Coventry Way". All comments and recommendations will be heard at said hearing. BY ORDER OF THE EDINA CITY COUNCIL. Florence B. Hallberg City Clerk STREET NAME CHANGE ORDINANCE NO. 15 THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. The access road into the Londonderry Townhouse complex in Londonderry Replat from Lincoln Drive to Nine Mile Creek is hereby named "Duncan Lane". Sec. 2. This ordinance shall be in full force and effect from and after its passage and publication.. First Reading: September 10, 1984 Second Reading: Waived Published in the Edina Sun on September 26, 1984 ATTEST: /s/ MARCELLA M. DAEHN City Clerk s/ C. WAYNE COURTNEY Mayor (15) (Official Publication) CITY OF EDINA 4801 W. 50th Street Edina, Minnesota 55424 STREET NAME CHANGE ORDINANCE NO. 15 THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. The access road into the Londonderry Townhouse complex in Londonderry Replat from Lincoln Drive to Nine Mile Creek is hereby named "Duncan Lane". Sec. 2. This ordinance shall be in full force and effect from and after its passage and publication. First Reading: September 10, 1984 Second Reading: Waived ATTEST: /s/ C. WAYNE COURTNEY Mayor /s/ MARCELLA M. DAEHN City Clerk Please publish in the Edina -Current Sun on September 26, 1984 Please send two Affidavits of Publication and one Clipping. (15) Minnesota Suburban Newspapers, Inc. AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) SS. COUNTY OF HENNEPIN) DONALD K. MORTENSON being duly sworn, on oath says that he is the operations manager and employee of the publisher of the newspaper known as Edina Sun -Current and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statutes 331.02, 331.06, and other applicable laws. (B) The printed Ordinance No.15 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for one successive weeks; it was first published on Wednesday,the 26 day of Sept , 19 84 , and was thereafter printed and published on every day of to and including , the 19 Printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abc fghijklmnopgrstuvw xyz B Subscribed and sworn to before me on this a_day of Oct , 19 84 6ls da L.J 2L�r��1 Nota 7,-A��ERIDEL M. HEDBLOM rucilC . M!iNNir5QTA �,- HENNEPIN COUNT"Y My commission expires J. 2, 1986 (Official Publication) CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 STREET NAME CHANGE ORDINANCE: NO. 15 THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA OR- DAINS: Section 1. The access road into the Londonderry Townhouse complex in Londonderry Replat Ir�ggm Lincoln Drive to Nine Mile Cr is hereby named "Duncan Lana' Section 2. This ordinghce shall be in full force and effect from and after its passage and publication. First Reading: September 10, 1984 Second Reading: Waived Is/ C. WAYNE COURTNEY ATTEST: Mayor /s/ MARCELLA M. DAEHN City Clerk (Sept. 26, 1984)-ED CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON STREET NAME CHANGE The EDINA CITY COUNCIL will meet at the Edina City Hall on Monday, September 10, 1984, at 7:00 p.m. and will at said time and place consider the peition for the change of name of Londonderry Drive to "Townhouse Road" or "Duncan Lane" for the access road into the Londonderry Townhouse complex in Londonderry Replat. All recommendations and objections will be heard at said meeting. BY ORDER OF THE EDINA CITY COUNCIL. Marcella M. Daehn City Clerk Minnesota Suburban Newspapers, Inc. AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) DONALD K. MORTENSON being duly sworn, on oath says that he is the operations manager and employee of the publisher of the newspaper known as Edina Sun -Current and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statutes 331.02, 331.06, and other applicable laws. (B) The printed Notice of Public Hearing which is attached was cut from the columns of said newspaper, and was printed and published once each week, for two successive weeks; it was first published on Wednesday, the 29 day of Aug , 19 84 , and was thereafter printed and published on every Wednesday to and including Wednesday , the 5 day of Sept 19 84 . Printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abc ghijklmnopgrs uvwxxiyz By: Subscribed and sworn to before me on this 1 o dayof Sept , 19 84 (Official Publication) CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC ON STREET NAME CHANGE G The EDINA CITY COUNCIL Will meet at the Edir_1&City Hall on Mon- day, September 10r.1984,. at 7,00 P.M. and will at said time and place con- sider the petition for the change of name of Londonderry Drive to ''Townhouse Road" ors "Duncan Lane" for the access road into the Londonderry Townhouse complex in Londonderry Replat. All recommendations and objec- tions BY ORDER OF THE EDINA CITY COUNCIL MARCELLA M CityEHN Clerk (Aug. 29 & Sept. 5, 1984)-ED U���d�=. MERIDEL M. HEDBLOM ,+„— NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY My commission expires July 2, 1985 M1\ �yiiy' ✓ D Oyu �a a`F 5� - 5 - 5728 v 5732 2 2 5736e. ,Ye LONDONDERRY+ DRIVErn ---- �� 1 7 11 cK ,. ..icy. 71:. . . -A �I OWNHOU ES "n TOWNHOUSES NORTH , TURN HERE Londonderry Townhouse Association 5720 Duncan Lane • Edina, Minnesota 55436 June 27, 1984 Edina City Council 4801 W. 50th Street Edina, Mn. 55424 Subject: Request for change of street name To the Councils The Londonderry Townhouse Association requests the Edina City Council to change the name of the access road into the London- derry Townhouse complex from "Londonderry Road" to "Townhouse Road." The reasons for this request are as follows: 1. Edina owns the access road from the intersection of Lincoln Drive to the bridge across Nine Mile Creek, leading to the townhouses. This access street is named "Londonderry Drive," although it does not connect with either "Londonderry Road" or "Londonderry Drive," streets that lie about three blocks east of the tcrmhouse complex. 2. County Road 18, a limited access road, has large directional exit signs to Londonderry Road to the East and Bren Road to the West of the highway. 3. Because Londonderry Drive is not cut through, we have a steady flow of misdirected and confused drivers into the cul-de-sac where our homes are, in spite of "Dead End" and "Private Road" signs at the entrance, 4. There are no Londonderry townhouse addresses on Dondonderry Drive." All are either "Duncan Lane" or "Tucker Lane." A name change would not create a problem for any property owner or for the city. If the name change is approved, we would ask the County Highway Department to remove the Londonderry Road exit signs from Highway 18. We would appreciate your consideration of this request. our "very truly, President Londonde To Association STREET NAME CHANGE ORDINANCE NO. 16 THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. East View Drive is hereby renamed "Eastview Drive". Section 2. This ordinance shall be in full force and effect immediately upon passage and publication. First Reading: May 5, 1986 Second Reading: Waived Published in the Edina Sun -Current on May 14, 1986. ATTEST: /s/ MARCELLA M. DAEHN City Clerk s/ C. WAYNE COURTNEY MAYOR (16) Minnesota Suburban Newspapers, Inc. AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) Donald K. Mortenson being duly sworn on an oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as Edina Sun —Current are stated below. and has full knowledge of the facts which (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed Notice of Public Hearin which is attached was cut from the columns of said newspaper, and was printed and published once each week, for one successive weeks; it was first published on Wednesday the 23 day of Ap r i 1 , 19 8 6, and was thereafter printed and published on every to and including , the day of , 19; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcde(ghijklmnupyrstucw�14. v7Aa4�� By. TITLE: Operations Manager Subscribed and sworn to before me on this 25 day of April 1986 b MERIDEL M. HEDBLOM dOTARY PUBLIC - MINNESOTIj� HENNEPIN COUNTY My commission expires July 2, 1986. RATE INFORMATION (1) Lowest classified rate paid by commercial users $ 2.10 per line for comparable space (Line, word, or inch rate) (2) Maximum rate allowed by law for the above matter $ 36.50 per line (Line, word, or inch rate) (3) Rate actually charged for the above matter $ 350 per line (Line, word, or inch rate) (Official Publication) CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON STREET NAME CHANGE The EDI - TY COUNCIL ,will meet at t_ ity Hall on Mon - Mayday• $>t -00 p,m. and will at said tirti5 a consider the petition Jor'the' of name of East View DriV "Eastview• Dnve All recommenda and objec- tions will be heard a said meeting. BY ORDER OF THE EDINA CITY COUNCIL MAR CELLA M. DAEHN City Clerk (April 23. 1986)-FD (OFFICIAL PUBLICATION) CITY OF EDINA 4801 W. 50th Street Edina, Minnesota 55424 NOTICE OF PUBLIC HEARING ON STREET NAME CHANGE The EDINA CITY COUNCIL will meet at the Edina City Hall on Monday, May 5, 1986, at 7:00 p.m, and will at said time and place consider the petition for the change of name of East View Drive to "Eastview Drive". " All recommendations and objections will be heard at said meeting. BY ORDER OF THE EDINA CITY COUNCIL. Marcella M. Daehn City Clerk *Please Publish in the Edina Sun on April 23, 1986. *Please send two (2) Affidavits of Publication, (OFFICIAL PUBLICATION) CITY OF EDINA 4801 W. 50th Street Edina, Minnesota 55424 NOTICE OF PUBLIC HEARING ON STREET NAME CHANGE The EDINA CITY COUNCIL will meet at the Edina City Hall on Monday, May 5, 1986, at 7:00 p.m. and will at said time and place consider the petition for the change of name of East View Drive to "Eastview Drive": All recommendations and objections will be heard at said meeting. BY ORDER OF THE EDINA CITY COUNCIL. Marcella M. Daehn City Clerk *Please Publish in the Edina Sun on April 23, 1986. *Please send two (2) Affidavits of Publication, Minnesota Suburban Newspapers, Inc. AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) Donald K. Mortenson being duly sworn on an oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as Edina Sun —Current are stated below. and has full knowledge of the facts which (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed Street Name Change — Ordinance No.16 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for one successive weeks; it was first published on Wednesday , the 14 day of May , 198 6 , and was thereafter printed and published on every IR and including , the day of , 19; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopyrstii Z BY: TITLE: Operations Manager Subscribed and sworn to before me on this 30 day 4f,:June 19 86 Nollary s MERI�EL M. HEDBLOM NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY My commission expires July 2, 1986 RATE INFORMATION (1) Lowest classified rate paid by commercial users $ 2.10 per line for comparable space (Line, word, or inch rate) (2) Maximum rate allowed by law for the above matter $ 36.50 per line (Line, word, or inch rate) (3) Rate actually charged for the above matter $ 350 per line (Line, word, or inch rate) (Official Publication) CITY OF EDINA 4801 W.50TH STREET EDINA, MINNESOTA 55424 STREET NAME CHANGE _ ORDINANCE NO. 16 THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, OR- DAINS: Section I. East Mayor Drive is here- by renamed "Ea Drive". Section 2. This nee shall be in full force and immediately upon passage a ication. First Reading: 1986 Second Reading: ed (s) C, NE COURNEY ATTEST: (s) MARCELLA M. DAEHN City Clerk (May 14, 1986)-ED 2A IC Minnesota Suburban Newspapers, Inc. AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) Donald K. Mortenson , being duly sworn on an oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as Edina Sun—Curr are stated below. and has full knowledge of the facts which (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed Street Name Change — Ordinance No.16 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for one successive weeks; it was first published on Wednesday , the 14 day of Ma and including 1986 , and was thereafter printed and published on every m the day of , 19; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: dlx•drfghijklmnnpyrswcw cz BY: "GG TITLE: Operations Manager Subscribed and sworn to before me on this 30 day of une 19 86 � le MERIbEL M. HEDBLOM EJOTARY PUBLIC • MINNESOTA HENNEPIN COUNTY My commission expires July 2, 1986, RATE INFORMATION (1) Lowest classified rate paid by commercial users $ 2.10 per line for comparable space (Line, word, or inch rate) (2) Maximum rate allowed by law for the above matter $ 36.5¢ per line (Line, word, or inch rate) (3) Rate actually charged for the above matter $ 350 per line (Line, word, or inch rate) (Official Publication) CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 STREET NAME CHANGE ORDINANCE NO. 16 THE CITY COUNCIL OF THE CIT OF EDINA, MINNESOTA, OR DAINS: Section 1. East View Dir a is here by renamed "Eastview'Dr a". Section 2. This nail hall be full force and mediate upon passage an on. First Reading: i 6 Second Reading: d (s) C. W NE COURNEY Mayor ATTEST: (s) MARCELLA M. DAEHN City Clerk (May 14, 1986)-ED 2A 1C .. (Official Publication) CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 STREET NAME CHANGE ORDINANCE NO. 16 THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. East View Drive is hereby renamed "Eastview Drive". Section 2. This ordinance shall be in full force and effect immediately upon passage and publication. First Reading: May 5, 1986 Second Reading: Waived /s/ C. WAYNE COURTNEY MAYOR ATTEST: /s/ MARCELLA M. DAEHN City Clerk Please publish in the Edina Sun on May 14, 1986. Please send two (2) affidavits of publication. Please send one (1) clipping. ORDINANCE NO. 15 AN ORDINANCE DETACHING FROM THE VILLAGE OF EDINA UNPLATTED LAND ADJACENT TO THE VILLAGE BOUNDARY THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA ORDAINS: Section 1. This Council has received and considered the petition dated May 28, 1956, of the following persons claiming to be the owners of the following described land, representing that the same is unplatted land situated within the corporate limits of the Village of Edina but adjacent to the Village boundary and occupied and used solely for agricultural purposes, and petitioning that said land be detached from the Village pursuant to the provisions of Minnesota Statutes, Section 412.051: Names of Owners Description of Land Walter N. Carlson and That part of the former right of way of the Dorothy M. Carlson Minneapolis and St.Paul Suburban Railroad Company in Sections 29 and 30, Township 117, Range 21, described as follows: "Commencing at a point on the North line of said Section 30, Forty -Two (42) feet West of the Northeast corner thereof; thence South, Parallel to the East line of Section 30, a distance of 75 feet; thence East, parallel to the North line of said Section 30 to the East line thereof; thence North along the East line of said Section 30, a distance of One (1) foot; thence East, on a straight line extending from said point to the Northwest corner of Rolling Green; thence Northerly, on a line parallel to the said Easterly line of the Northwest Quarter of said Section 29 to the North line thereof; thence West, along the Northerly line of said sections 29 and 30 to the point of commencement." Section 2. Upon consideration of said petition and hearing the views of persons interested, and being fully advised in the premises, the Council does hereby find, determine and declare that said petition is in all respects correct and sufficient and complies with the provisions of said statute, and it is hereby ordered that the land described in Section 1 hereof shall be and it is hereby detached from the Village of Edina. Section 3. The Village Clerk is hereby authorized and directed to file one certified copy of this ordinance in the office of the County Auditor of Hennepin County, Minnesota, and another certified copy hereof in the office of the Secretary of State of the State of Minnesota. Adopted this 27th day of August, 1956. (Signed) ARTHUR C. BREDESEN, JR. Mayor Pro Tem ATTEST: (Signed GRETCHEN S. ALDEN Village Clerk Published in Edina-Morningside Courier September 13 and 20, 1956. •0? Mr 1 �Wb' �r -j PT TO TZ Monc 7, 'HE VILLACK COUNCIL OF TM KIM : OF WIN . DRIATM., Section Z. Thin louncil has received and considered the petition AW My 28, 1956, of the following persons claiming to be the owners or the. Wlowinq devcrib2d land, renresenting thqt the snoe in unpletted land siyuatvd Mhin the -arporite 10M o" the Villige of TOM but nejnnent to the 7110,�-- ,undury ond nenupiad ond used Palely for cpriculturni purnones, nnd petition Mo 1W 11 W1 or dptv-&A rrnm the Mingo pur�jnvk to the nmvi-AnF of 11,� j ilia J!, i(swin"10 M(, Al"ge wi, described ny follows: "Cormencing at a r,,)int on the No= line of said Section 0, Forty -Two (12) feet lent of ` -orthenst norner thereof; thence South, parallel to t I line of 2ention ?01 F. distance of 75 feM7 thenun LWU, P010101 W the North line of naid Bection 30 to the 1;.,,t line. thereof; t'�-,erioe North al org the East line of said Section 30, n disYnce of One (1) foot; thunce nst, an n straigbt line extend&L. from :''id noirt to Lhe Warthwent corner of Railing Green; on P line parvilel to the sold Phsterly line nf the Northwest Quarter of snid Section 29 to the North line Therrof; thence Vest, along the Northerly line, of snid sections 29 nnd 30 hn the point of commencement.'' Section ?. Won consi6eration of raid oetition ind henring the vic*,. of persons interested, and being folly adviged in the premises, the Council d, hereby find, dMennine and dMare thnt sild nebition in in all rennects correct and -Micient and com-lies with the provisions of said stntute, anti it is hazeby c.der& WE tbo land described D Section I hereof shall be and It is hereby detached 7rom the Village of Edinn. Section 3. The Village Clerk is hereby authorized and diracted to file one cortiSied copy of this ordinance in the office of the County audits of Eanneyin Conuty, rinneFota, and another certified ropy hereof. in the of fic,_ of the 3Ecretary of Mote of the State of 11innevota. Adopted this "?th day of August, 1956., AT T -F,3) T : E Village Mirk 110ned) ARMIM C. B&DR30 jrf Dhyor Pro Wri ORDINANCE NO. 15-1 AN ORDINANCE DETACHING FROM THE VILLAGE OF EDINA CERTAIN LAND ABUTTING ON THE VILLAGE OF EDINA AND THE CITY OF HOPKINS THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA ORDAINS: Section 1. This Council has received and considered the petition of the City of Hopkins and Superior Separator Company that this Council detach from the Village, pursuant to the provisions of Minnesota Statutes 1957, Section 413.137, the following described parcels of land owned by said petitioners: Commencing at the Northwest corner of Section 29, Township 117, Range 21; thence South along the West line of said Section, 74 feet to the Southerly line of the abandoned right of way of the Minneapolis and St. Paul Suburban Railway; thence Easterly along the Southerly line of said right of way to its intersection with the West line of Gunnar Johnson's Second Rearrangement, Rolling Green; thence North along the West line of said Rearrangement and its extension to the North line of said Section 29; thence West along said North line to the point of beginning. That part of the Northwest Quarter of Section 30, Township 117, Range 21, and of Blocks 7 and 8 in West Minneapolis Heights described as follows: Commencing at the Northwest corner of said Section 30; thence East along the North line of said Section to its intersection with the East line of Jefferson Avenue in West Minneapolis Heights extended North; thence South along said East line and its extension to a point in the West line of Lot 26, Block 6 West Minneapolis Heights, distant 30 feet North of the Southwest corner thereof; thence Westerly on a line 30 feet North of and parallel with the South lines of Lots 1 and 26, Block 7, and Lots 1 and 26, Block 8, and the extensions of said lines in West Minneapolis Heights to the West line of said Section 30; thence North along said West line to the point of beginning. Section 2. Upon consideration of said petition and after hearing the views of all persons interested, and being fully advised in the premises, the Council does hereby find, determine and declare that the above -described land abuts on the Village of Edina and on the City of Hopkins, that the detachment of such land from the Village of Edina and its annexation to the City of Hopkins will be for the benefit of the Village of Edina and for the benefit of such land, and that said petition is in all respects correct and sufficient and complies with the provisions of said statute. Section 3. It is hereby ordered that the land described in Section 1 hereof shall be and it is hereby detached from the Village of Edina. Section 4. The Village Clerk is hereby authorized and directed to file one certified copy of this Ordinance with the County Auditor of Hennepin County, Minnesota, and another certified copy of this Ordinance in the office of the Secretary of State of the State of Minnesota. Adopted this 28th day of July, 1958. ATTEST: (Signed) ARTHUR C. BREDESEN. JR. Mayor (Signed GRETCHEN S. ALDEN Village Clerk Published in Edina-Morningside Courier December 11 and 18, 1958. ORDINANCE NO. 15-1 AN ORDINANCE DETACHI34G FRCM THE VILLAGE OF • EDINA CERTAIN LAND ABUTTING ON THE VILLAGE OF EDINA AND THE CITY OF -HOFSINS THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA ORDAINS: Section 1. This Council has received and considered the petion of the City of Hopkins and Superior Separator Company that this Council detach from the Village, pursuant to the provisions of Minnesota Statutes 1957, Section 413.137, the following described parcels of land owned by said petitioners: Commencing at the Northwest corner of Section 29, Township 117, Range 21; thence South along the West line of said Section, 74 feet to the Southerly line of the abandoned right of way of the lApls. and St. Paul Suburban Railway; thence Easterly along the Southerly line of said right of way to its intersection with the West line of Gunnar Johnson's Second Rearrangement, Rolling Green; thence V orth along the West line of said Rearrangement and its extension to the Forth line of said Section 29; thence ,lest along said North line to the point of beginning. That part of the Northwest Quarter of Section 30, Township 117, Range 21, and of Blocks 7 and 6 in West Minneapolis Heights described as follows: commencing at the Northwest corner of said Section 30; thence East along the Vorth line of said Section to its intersection with the East line of Jefferson Avenue ins►rest Minneapolis Heights extended North; thence • South along said East line and its extension to a point in the West line of Lot 26, Block 6 West Minneapolis Heights, distant 30 feet North of the Southwest corner thereof; thence Westerly on a line 30 feet North of and parallel with the South lines of Lots 1 and 26, Block 7, and Lots 1 and 26, Block 85 and the extensions of said lines in West Minneapolis Heights to the West line of said Section 30; thence North along said west line to the point of beginning. Sectign 2. Upon consideration of said petition and after hearing the views of all persons interested, and being fully advised in the premises, the Council does hereby find, determine and declare that the above -described land abuts on the Village of Edina and on the City of Hopkins, that the detachment of such land from the Village of Edina and its annexation to the City of Hopkins will be for the benefit of the Village of Edina and for the benefit of such land, and that said petition is in all respects correct and sufficient and complies with the provisions of said statute. Section 3. It is hereby ordered that the land described in Section hereof shall be and it is hereby detached from the Village of Edina. Section 4. The Village Clerk is hereby authorized and directed to file one certified copy of this Ordinance with the County Auditor of Hennepin County, Minnesota, and another certified copy of this Ordinance in the office cf the Secretary of State of the State of Minnesota. • Adopted this 26th day of July, 1958. (Signed) ARMR C. BREDESEN, JR. ATTEST: Mayor (Signed) GRETCHEN S. ALDEw Village Clerk Published in Edina -Morning side Courierll and 18, 1958. _21 ORDINANCE NO. 19 AN ORDINANCE ABOLISHING THE OFFICE OF CONSTABLE THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA ORDAINS: Section 1. The office of constable is hereby abolished effective upon the expiration of the term of each incumbent or upon the occurrence of an earlier vacancy in that office. _Section 2. This ordinance shall take effect upon publication; provided, however, that if within thirty days after publication a petition asking for a popular referendum on this ordinance and signed by a number of voters equal to at least ten per cent of the number of voters voting at the last village election is filed with the Clerk, this ordinance shall be suspended until it has been approved by a majority of those voting at the next regular or special election thereafter. Adopted this 30th day of December, 1957. (signed) ARTHUR C. BREDESEN, JR. Mayor ATTEST: (signed) GRETC_HEN S . AL_DEN Village Clerk _ Published in Edina-Morningside Courier January 16 and 23, 1958. Official Publication) VILLAGE OF EPINA HENNEPIN CUUNTY9 MINNESUTA 40�' No • • XX Please send us 2 Affidavits of Publication. Please send us 10 Clippings. • 'M' th ea PrWdadp hAverr t� petition Wing for a populir refer. by a mmber of voters equal to at least ter Mew votirg at the Qs, villugs elezIlon this ordinance shall be rsyen6ed untij it h_ MWOMY Of those voting at the next ,ulsr on s, thereafter. Adopted WE 30th day of Member, 395T, MEN,; C. DESuN.JR -.TCF q- Village Clev''- Published W Cauriw- Janvary io rem on. wo, PAGE ORDARMCP MrIff 3FOR 7'"A V11141,CF, (W FDMA FOX UE YfU 961., 44-0 RST&V-L,rSPjt4C. TAX Ir.7f 1ge 1960 PAIABIJ? IN TW 94:L,W2 V.&TOCIL M THE VILLAGE. oF WINA,, MIAWSOTA, DMS ORDAIN AS FOUMSR The Budget ff-T ?'.he Village f2f Edina for chok- ;,,a'JQ4dar y;-tax 1961 Jq �*O�by f@xtb- avd tuv&4 att,-., bke:;zp ,by app)gfja�j the ,rcfc,r,., flEWAAL FUNO 10,430 52,35; 3 -1 54 *,;, , 40,)39 Legg i So -vjc.,e %utdo,pal Court. Libravy :1,603 Uft t t ", ;-% 9 ts Planw.o.n 13 4112 I �#Z' TafAl GENERA), GPV*ERNM8N-T - PROrECTION, or PRIFEMS AND PROPERTY Civitkan 'Public Hoaltlk% Animal Control TOM FROTFATTON OF P6P&*,,S AN .: PROPERry PUBLIC WORYS iu TMAL MBUC WORKs :14�--DEPARMMTAL CUTODITURKS G-Mc iugewc "A'" 9. t4se SettrJemenu i�4 1.000 17,000 oapftaj 6,Utjay 68'4 capitaL lmravfwxx�i Tol"Al, 14141CF1,11MEOCIS I'M c(MINCENcies PARK FUND Supovviston &rod Over bad MaA.atocay.ce Clap fkal Outlay s 197,92 329"91 4.17,405 80-2-1-2--. .-. 42, *40 101 300 '0 TOTAL PARK MD Ordinance No, 16-4 (Co; t 1nued) PAGE IV Seaftfm 2. Estimated receipts pother than Generai Tax Levy are hereby established are hereinafter set forth - GENERAL FUND Village Share -State Uqu and Cigarette. Taxes 21,000 Licenses and permits 52,255 Municipal court 45,000 Departmental Sertrice Charges 109,000 Other 25,350 Transfer frcm Liquor Fund 84,993 State Apporticruents-Highways 27,000 TOTAL GENERAL FU14D S 367,598 PARK FUND Transfer urtapptiz.?rtat;ed surplus $ 7,622 Regisitratian Tees 18,970 Other 450 Transfer from General Fund 40,007 TOTAL PARK FUND W b7,049 TOTAL ESTMATED RECEIPTS 434-g647 Section 3. That there be and hereby is levied upon all taxable real and personal prop y in the Village of Edina, a tax rate sufficient to produce the anounts hereinafter set forth: For the General Fund For the Park Fund For the Poor Fund Par the Firemen's Relief For Fire Protection For Bonds and Interest For Hennepin Ceamty Park Reserve Districts $ 657.959 54,000 7,500 7,900 7,900 43,200 1,754 TOTAL 2 780,213 Sectics 4. This crdinaznce shall be in effect ftnz and after its aetpticu and publication adding to latw. A&Vted this 3;;;d Day of Octc,b+ev, 1960, (Signed). ARTHUR Co BREDI;S252 *a4 ATTEST.; MAYOR (Signed)__ A1JM B. LOCKE AfT f.'4G VILLAGE CLMK ORDINANCE NO. 16 ORDri!,',CE ADOPTING BUDGET FOR Tii� VILLHlTL OF EDINA FOP THE Y!' 1957, AND ESTABLISHRIG TAX L1TVY FOR THE YEKR 1956 PAYABLE IN 19,L _ _ THE VILLAGig. COUNCIL OF THF, VILLAGE OF EDINA, MI14N. SOTA , DOES CRDAIN AS FOLLONS: Section 1. The Budget for the Village of Edina for the calendar year 1957 is hereby- adopted as hereinafter set forth; and funds are hereb;r appropriated therefor: GENERAL FUND GENERAL GOVa', Ul"i U Mayor and Council 7 ,1 a- —00 Election 12950.00 General Administration 65, 522.00 Village Hall 245.990.00 Health Officer 50O.0O Cont ingenc ie s 5,000.00 Settlement of suits 2,000.00 Worlamen a s Compensation 5, 200.iOO Audit 2,500.00 Planning Corm fission 4,700.0O Special Assessments on Village Property S,500 00 Grants (Park Funk) 24,275.00 TU2AL G ,Jai.A . G(71EFJP2GNT PUBLIC SAFETY Police U12g707.00 Fire 74, H7C.00 Building Inspector 6,185.00 Plumbing inspector 6,101_v00 Civil Defense 3,400.0O TOTAL PUBLIC SAFETY PUB11IC 1yORKS EngLneening $101,255.00 Highrays 143,345.00 Garage 19,021.00 Street Light i:1g _ 20,000,00 TCf2f , PUBLIC 1'J193,i{S SPF,CLAL SMVICES Attorney Municipal Court Assessor Library Anima.. Control - TOTAL SPECI;L SFRVICES TOTAL G!23 E d^.L FUND PARK FUND Administration General 1-laintenan ce Skating rank maintenance Care of bui.ld1ngs Tree care Vehicle Operation Mosquito Control Cascade Pumping Fall and Winter Program Playgrrund S,- imming Baseball Capital Outlay TCTAL PARK FUND $153,277.00 v�'i203y 571>a00 ��253, 621 �00 r 7, 915„00 9,680.00 1.791-50,.00 2,725.00 e_ 2, 000,00 t9 l;70.00 0679,939.00 8,700.00 11, 62 5.00 5,150.00 1,300.00 4,000.00 2,000.00 500.00 200,00 4,000.00 6,000.00 9,000.00 3,000.00 9,000.00 FP 64,475.00 110. l6 -2- Section 2. Estimated 11eceipts otInr 1*1han Genera ,! 1'(x T,avy are hereby established as hereinafter set forth. - GENERAL FUND Village :hare -State Liquor :end Cigarette Tc,.fes Licenses and Permits Municipal Court Departmental Service Charges 11i.s cellaneous Transfer fa'om Liquor Fund TO1, AL My EM AL FIRM PARK FUND Swimming Registration Transfer from General Fund TOTAL FAR1: FUND TOTAL ES T Za iATED RECEIPTS 19, 000.00 293745y00 25,000.00 125,800.00 8,710,00 0.90a $2 58, 2 55.00 3,500.00 975.00 2g 7,5-00 $286-M-.00 Section ..w That there be , nd hereby is levied upon all taxable real and personal property in the Village of E'dina a, tax rate sufficient to produce the amounts hereinafter vet forth: For the General Fund For the Park Fund For the Poor Fund For Firemen a s Relief For Fire Protection For Bonds and Interest 1'421, 6z�4.00 369000.00 7,600.0.0 5,600.00 6,600,_o0 362600 ., 00 Section 4. This ordinance shall br in effect from- and aft -or its adoptl.on and publication accorCing to law„ Adopted this 21.,th &-ty of September, 1956<, ATTEST: 3i ied REUBE-11 F . ERICKSON Si ed) GRZIPCIiEN S. ,wA7M�am� Mayor Vil.`'Lae Clerk C. Published in Edina-Morni.ngoide Courier September 27 and October 49 1956. 0 ORDINSdICE NO. 16 ORD!N dCE AD01--TI11G BUDGET FOR TI13 VILIiAGE 07 EDI11TA FOR THE Yiy'a 1957, JUID ESTADLISj=G TA« LLB' FOR THE YEAR 1956 PAYABLE IN 1957 THE VILLAGE, COUNCIL OF `I'IIIE VUJI &GE OF !DIVA, 11INN ESOT ., DOES MDAIN AS FOLLOt-S: Section 1. The Ddget .for the Village of Edina for the calendar year 1957 is hereby- adopted as hereinafter set forth; and funds are hereb,;r appropriated thierefor: G T F-10 _ GENERIU GOTEWT=�JT Mayor and Council 7 1,440.00 Election 4950.00 General Administration 65,522.00 Village Hall 24,990.00 Health Officer 500.00 Cont ingenc i.e s 5,000.00 Settlement of suits 2,000.00 ;aor?anen's Compensation 5,200.00 Audit 2,500.00 Planning Commission 4,700.00 Special Assessments or. Village Property 8,500,00 Grants (Park Fund) 24,975.00 TOTAL G; JaIAL G0VM�j?2CI\lT $153,277.00 PUBLIC SAFETY Police $112,707.00 Fire 74,878.00 Building Inspector 6,485.00 Plumbing inspector 6,1O1o00 Civil Defense 3,400.00 PUBLIC SAFETY $203,571.00 PUBLIC WORKSTOTAL Engineering $101,2 55.00 Highways 143045.00 Garage 19,021.00 Street Lighting 20,000,A00 TOTAL PUBLIC ,�TCF KS : 283, 621.00 SPECIAL SMVICL,S Attorney u 7,915.00 Municipal Court 9,680.00 Assessor 17,150.00 Library 2,725.00 Animal Control 2,004.00 TOTAL SPECIAL SERVICES $ 31,470.00 TOTAL G 2, JZIAL FUND $679,939.00 PARI� FLfitD Administration a 8,700.00 General Maintenance 11,625.00 Skating rink maintenance 5,150.00 Care of building. 1,300.00 Tree care 4,000.00 Vehicle Operation 2,000.00 Mosquito Control 500,Q0 Cascade Pumping 200,00 Fall and Fainter Program 4,000.00 Playgrcund 6,000.00 Swim ng 9,000.00 Baseball 3,000.00 Capital Outlay 9,000.00 TOTAL PARK FUND 64,475.00 .MVICE NO. 16 Section 2. Esti:Lated Receipts other as hereinafter set forth: GENERAL FUND Village Snare —State Liquor cnd Cigarette Tomes Licenses and Permits Municipal Court Departr-tental Service Charges IUs eel? aneous Transfer ffom Liquor Fund —2- 1 an General 4. .T:L'Jy are hareby established TC T-!,L M, EMAL FUM PARK FUND Swimming Registration Transfer from General 7und TC TAL PARK FUND TOTAL ESTIi,iATED RECEIPTS 19,000.00 29,745»00 25,000.00 125,800,00 8,710,00 H OnO ,OO �258,255.00 3,500.00 24.975.00 28,475.00 $286,73o.0o Section . That there be s;.d hereby is levied upon all taxable real and personal nrorerty in the Village of Edina a tax rate sufficient to produce the amounts hereinafter set forth: For the General ''I-Nund $421,684.00 For the Park Fund 36,000.0o For the Poor FFund 7,600.00 For Firemen's Relief 5,600.00 For Fire Protection 6,600,,00 For Bonds and Interest 362600:,00 4 51L,., 084.00 Section 4. This ordinance shall bo in effect from and after its adoption and publication according to law. Adopted this 2L�th day of September, 1956. ATTEST: (Sited) REUMT F. ERICKSON Sued) GRETSHM' S. AID— Mayor Village Clerk Published in Edina—I11orningside Courier September 27 and October 4, 1956. ORDINANCE NO. 16-1 ORDINANCE ADOPTING BUDGET FOR THE VILLAGE OF EDINA FOR THE YEAR 1958, AND ESTABLISHING TAX LEVY FOR THE YEAR 1957 PAYABLE IN 1958 THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, DOES ORDAIN AS FOLLOWS: Section 1. The Budget for the Village of Edina for the calendar year 1958 is hereby adopted as hereinafter set forth; and funds are hereby appropriated therefor: GENERAL FUND GENERAL GOVERNMENT Mayor and Council $ 109460.00 Administration 419900.00 Finance 289925.00 Assessing 28,305.00 Legal Services 11,535.00 Municipal Court 19,355.00 Library 39140.00 Election 7,500.00 Planning 7,800.00 TOTAL GENERAL GOVERNMENT PROTECTION OF PERSONS AND PROPERTY Police $134,299.00 Fire 74,155.00 Civil Defense 650.00 Public Health 19800.00 Animal Control 49,500.00 Inspection _ 16,387.00 TOTAL PROTECTION OF PERSONS AND PROPERTY PUBLIC WORKS Engineering $101,330.00 Highways 234.574.00 TOTAL PUBLIC WORKS MISCELLANEOUS AND CONTINGENCIES Contingencies $ 6,000.00 Settlement of Suits 2,000.00 Special Assessments on Village Property 109000.00 Grants (Park Fund) 21,223.00 Garage 2,200.00 TOTAL MISCELLANEOUS AND CONTINGENCIES TOTAL GENERAL FUND $158*920.00 $231,791.00 $335,904.00 $ 41.423.00 $768-i038.00 PARK FUND Supervision and Overhead $ l8v027.00 Maintenance 24,895.00 Capital Outlay 4,940.00 Recreation 27,138.00 Swimming Pool Operation 16,060.00 TOTAL PARK FUND $ 91,060.00 Section 2. Estimated Receipts other than General Tax Levy are hereby established as hereinafter set £orths GENERAL FUND Village Share -State Liquor and Cigarette Taxes $ 199000.00 Licenses and permits 43,600.00 Municipal Court 459000.00 Departmental Service Charges 102,500.00 Other 199610.00 Transfer from Liquor Fund 629500.00 State Apportionment -Highways 20.000.00 TOTAL GENERAL FUND $312,210.00 ORDINANCE W. 16-L -2- PARK FUND Swimming Pool Fees Registration Fees Income from Concessions Transfer from General Fund TOTAL PARK FUND TOTAL ESTIMATED RECEIPTS Section 3. That there be and hereby is levied upon all in the Village of Edina a tax rate sufficient to produce For the General Fund For the Park Fund For the Poor Fund For Firemen's Relief For Fire Protection For Bonds and Interest TOTAL $ 229407.00 19200.00 3,000.00 21.223.00 $ 47,830.00 $360jO4O.00 taxable real and personal property the amounts hereinafter set forth: $ 4559828.00 43,230.00 79600.00 69400.00 6,400.00 70,500.00 $589.958.0(, Section 4. This ordinance shall be in effect from and after its adoption and publication according to law. Adopted this 30th day of September, 1957. ATTESTS _Signed) ARTITUR C. BREDESEN. JR. (Signed) GRETCHEN S. ALDEN Mayor Village Clerk AFFIDAVIT OF PUBLICATION ................................................................................... Edina-Morningside Courier Edina, Minnesota State of Minnesota County of Hennepin � SS. JOHN E. TILTON, being duly sworn, on oath says: that he now is and during all the time herein - stated has been JOHN E. TILTON, the publisher ------ and printer ------ of the newspaper known as The Edina-Morningside Courier, and has full knowledge of the facts herein stated. That for more than one year immediately prior to the publication therein of the printed ------------------------------------------------------------------------------------------- hereto attached, said newspaper was printed and published In the English language from its known office of publication within the County of Hennepin, State of Minnesota, on Thursday of each week in column and sheet form equivalent in space to 450 running inches of single column two inches wide; has been issued from a known office established in said place of publication equipped with skilled workmen and the necessary mat rial for preparing and printing the same: THE EDINA-MORNINGSIDE COURIER has had in :Is .nakeup not less than twenty-five percent of its news columns devoted to local news of intP,tes to said community it purports to serve, the press work of which has been done in its said known place of publication; has contained general news, comments and miscellany; has not duplicatbL any other publication; has not been entire- ly made up of patents, plate matter and advertisements; has beta circulated at and near its said place of publication to the extent of 240 copies regularly delivered to paying subscribers; has been entered as second class mail matter in local post office of its said place of publication; that there has been on file in the office of the County Auditor of said county the affidavit of a person hav- ing first hand knowledge of the facts constituting its qualification as a newspaper for publication of legal notices; and that its publishers have comp'led with all demands of said County Auditor for proofs of its said qualification. A copy of each issue has been filed with the State Historical Society, St. Paul. That the printed ----- :d4 _X*W_ww,,� �-1 ------------------------------- ------------------'---------------------------------------------------------- ___--------- hereto at*ached as a part hereof was cut from the columns of said newspaper; was published therein in the English language once a week for________ ----- -snsuccessive weeks; that It was first so published on the______!�_____day of_______________�M4telmm _____, 19___aft nd thereafter on ----- iv --------- of each week to and including the__JWk_ day of__0***bSr -------------- 19_AM; and that the following is a copy of the lower case alphabet which is acknowledged to have been the size an; kind of type used in the publica- tionof said ---- _W1►�-------------------------------------- �abc B il k o grstuvwxyz Publisher Subscribed and sworn to before me is _.------- day ----- ---------- , 19-0 --------------------------- ---------- --------- ----- Corinne E. Williams, Notary Public, Hennepin County, Minn. My Commission Expires June 19, 1964 8-1-59-2M VAGE I if. ORDINANCE NO, 1.6-3 PPPPPP' MDINANGE ADOPIING BUDGET FOR THE `JILLAGL OF EDIVA FOR THE YEAit 1.960, AND ESTABLISHING TAX LEVY FOR, TKE YEAR 1959 PAYAABIZ IN 1.960 _ ` UL' 41LIAGE COUNCIL OF THE VILIdAGE OF EDINA, MINVESt3TA, DOES ORDAIN AS FOLLOkTS° Section 1. The Budget for the Village of Edina for the calendar year 1960 is hereby adopted asas hereinafter set forth; and funds are hereby appropriated therefor: GENER41, FUND CEN�&LIL GOVE11MI MT z kipv and C4uncil � 8,694 Admint atrat i.on, 48,950 Finance 32,516 Aosessing 38,010 Legal Services 14,985 Municipal Court 23,615 Library 2,373 Election 11,075 Planning 12,689 r TOTAL GEVEWil, GOVEk-RIENT $1.92,907 PROTEGTIOPI OF PERSONS AND PROPERTY Police $173,789 Fire 99,177 Civilian Defense 2,355 Fublic Health 1,800 Animal Control 4,550 Inspection 22,675 TOTAL PROTECTION OF PL1tsm AND PROPERTY ; 294,346 PUBLIC Wow Engineering $ 93,262 Highways 256,936 TOTAL PUBLIC WOIW $350,198 MISCELLANEOUS AND GCWTINGERICI ;S C*ntingencieg_. ` 5,000 Settlement of Suits 500 Special Assessments on Village Property 28,000 Unallocated Capital Outlay 1,741 TOTAL MISCELLA.WOUS AND COKINGENCoIRS $ 35, 241 TOTAL GFAIKRAL FUND 872 692 PP. U FUND Supervision and Overhead $ 26,995 maintenance 36,735 cApii c ai Outlay 10,205 Recreation 31,915 TOTAL PARK FUND li2M50 Section 2_ Estimated Receipts other than General Talc Levy are hereby established as hereinafter set fewthg GENERAL FMID Village Share -State Liquor and Cigarette Tames 21,000 Licenses and permits 46,311 Municipal Court 55,000 Departmental Service Charges 87,500 0t1er 18,810 Transfer from Liquav Fund 32,550 State Apportiomrent-Righvays 24,000 TOTAL GENML FURD ORDTNAIMUCEE NO., 16 -5 PAC • ORDMANCE ADOPTjWG BU-kX-,TFr FOR iHE VILLAGE Or, MINA FOR 11 PH 1 THE YEAR 1962, MO EST-BIASKINC TAX LEVY FOR. E, YEA, A, 1961 J,j .196? 7 .' �` THE VILL11,'Z COUNCIL OF THE VILLAGE OF EDINA, WTA - DOES ORDAIN AS FOLLOWS; Socticv, f The Budget :Ecr tbv Viiiage of H f or i.he calendar year 1962 is hereby adr-pted as bereinafter ser fc,'t-di. ai.a funds OTO lu�reby approprliated therefor GENERAL FUND GENERAL GGVERINNUNT 1A.,o.y,o,i,., and Ct,,uncil, $ 9,Y60 Admini strati<,,r. 5211",)I0 35,1-63 4r0,202 Legal Secv-A.c(-s th, 390 Municipal. cs5urt 25,J "0 Library 3,603 Elea tic' -a 7,214.0 Plavning U 595 TOTAL GENERm, GOWERNIMMI PUBLIC WORNS Engirve.priv- $123,132 HIgNways 35 5e,9 TOTAL PUIDUC k1110?,IS • ??OTECTI G14 Uf, PERSOIIS AND PROPERTY P,41cr ')?13,630 f i r rr-, 96,656 Civilian Oefeose 2,1.75 Public Health 1.0,000 Animal Control 4,500 Inspection 19�68 T(FUL PRUNCTIOU 014'-' PERS�NNS MD ?RDPE'ITY Sectlemcar" Erf Suits k 0 C) Special AssessmenrL; Can ViIjag, Ii,00c, U-n&A l.00a. Jd C-,apftal Ouvlay caps ral 50'.-OOD TUFAL AT-SCELT-AVEOUS AND CONTYNG2NIC)'ES PARK F UND Supervisfir:�o. an.d Ovf=;Ohrad Reerpation Maictenarce Capital Outlaq TOTAL PAR's, 'RUVII, ,P- — y- .3 — s 205, , 85 46.9 IL I 113 1192 CJ 11 0 Ordinance No. 16-5 (continued) PACE V Section 2. gstimaz' ed Receipts other than General Tar. Levy ai:e hereby established as hereinafter set forth, GENERAL FUND Village Share -State Uqucr and Cigarette Taxes 71,000 Licenses and perwdts 48,335 Municipal ccurt 45,000 Departmental Service Charges 127,320 Other. 29,775 Transfer from Liquor Fund 85,526 State Apportik�nlrselt 3-Fighways TOTAL GENERKL, FUIND 425,95u PARK FIWD Transfer uaappropriated surplus 11,239 Registration Fees 18,970 Other L-50 Transfer free General Fun:d 39,474 TOTAL PARK FUND 70,133 PARK CONSTRUCTION FUND Transfer frr= Geaeral Fund 80,000.— TOTAL ESTIMATED RECEIPTS 576,089 SecticM 3, That there be and hereby is levied upon all taxable real and personal, pruperty in the Village of Ed -%`Ina, a rate sufficlen-L t-.o orcduce r-,he xxnunts hereinafter set forth; For the General Fund For the Park Fund Fvr �he ?("Or Ft;zd .lr the Firemen's ReHef For Fire Pxotectiea For Btrnds ar.d interest For Hennepir CcunLy Park Reseive 9 687,236 5';' , 000 10,926 8,300 8,300 44,100 5,106 Sectiew- 4. This crdivance shail. be in effef-L !_-iroiri and after its adopticri and publicatirm according to jaw Adcpted this day vi. SP, �Irtt.r 061 — _R� MTEST. (Slgaed) CM-ETMEN 5,, f ALMN F.— VTLLA-GE CLERK (Sign(_d) Av, hur 0, Brs:dewn, Jr, MAYOR 820,968 ppp"- VILLAGL OF ED LvA 11EA'M' :PI,," COUNTY TlINNESOTA ;y +,� [[�� %�RDINE"dl��,'i�u,{�1-J. 16-7T7 n �k rt 7,y �1�7 0 .t0=ii �.. 7CE ADOPTING . BU_'3'GETT FO T�`E IL�J - G1117 01 A-l���.t'7.k % I. ?Lid'. i�rtR 1964, !3:'TD +7it�.b3L�.Cvlt i"�i C�.� LL�,2 c�i�t i �i'A 1963 Mv,10LE IN 1964 THE VILLt'GM COMM-", � THE VILLAGE 17F EDINA. MINTIESOTA, DOES ORDA M 1AS FOLLOWS: Section 1. The Budget for the Village of -Rdina For the calenda4 year 1964 is hereby adopted as hey 4ineiter set fot-th; and funds are hereby app7apriated there -for; GENERAL PMID GENERAL Gi{'��EL? 7.MvIT Mayon and Counail Admini xt3:.: ;:311 On Fins nce Assessing, Legal Se:.vices Municipal Court Library Election Planning PUBLIC WaIR KS Hight:ays TOTAL GENM"' T GOVELi1?MENT TOTAL PUBLIC W02KS PROTECTION 1011? PERSC:IS ARD PROPERRTY Police Fire Civilian De ranse Public Health Animal Control !nspec ::toil TOTAL PROTECTMN OF PREIZSCMS AND PRC::sE N Se .i-o'1:ent of Suits .Special Assess iG t:s on P operty Unallocated Capital Outlay Capital Improve-mc-nts TOTAL HISCELLAi EGGS AND PARK FU1117D Supervision and Gve;:haad Recreation Maintenance Capital Outlay TOTAL PARK,FUND 9 fJ920 a• 57,568 38 , 658 43, Itt 17,999 27,,694 3,781 12 yc:p1 $111,t7 2 $258,(V,6 122,653 3,943 15'-4 3 }, 3 ,154 2.2,)72 8,'j.6^ 1,000 2.7,000 42553 50,00�3 V)�¢ ;219,71q 481,178 435,941 � 720 ,Ll 27 , 5A, 36,723 ta' 050 57,626 9.220 _� Ordinance No. 16-7 Cont-inued. Section 2. Estirvated Receipts other 0aa G-'neral Ta-%. Levy are hereby establ-i stied as hereinafter set forth: Village Si arc -State Mquor nnd Cigirette Taxes f 83,935 Licenses and peimits, 61,033 Mfunicipal Court 42,000 Departmental Service Charges 127,,320 Other 1.-1'330 Transfer f om Liquor Fund 75,931 State 23 670 TUVAL GEITIMAL MID S?456,224 PARK FUND Transfer unappropriated surplus $ 5,200 Registrat-41 on Fees 21,000 Other 750 Transfe----- from General Fund 49,069 TOTAL PARK FIJT,,D 76,019 PAPIK CONSTMICTION 'MYND Transfer fz:om General Fund 0, TODUL ESTMANED MUMS 8,6-2.743 Scction 3. That theze be and here -by is levied upon all ta"zzable real and personal property in the Village Of Edina, a tit.. rate sufficient to produce the amounts tiereinafter set forth: For the General Fund For the Fav-k Ftmd For the Pooz P�and For the Fkcc=n's Relief For Fize P:,:otection For Bonds and Interest For Hennepin County 'Park Resei:va District $771,325 68,6000 12,125 9,000 10,300 66,900 5, 30 ._L_ ZOTAL —YO LIM- Section 4. This ordinance shall be in ezHect from and after its andoption and publication accordi-ag to law. Adopted this 272i day of September, 1963. ri (51-ned) Arthur C. Bredesen, Jr., ornf;it'�ildt- Ccuvi ( r' c cwOer 1110. 1963- ORDINANCE 170. 16-3 I9F,1: z'r�;'.��!$`d, lei 1965 ,.Tn-- j T� � r'•L' T (` TZ DO *1 s'Hs� tFiT,Lti{�+� CGi :ulL �_ �'�iis i`rLL : r , 't dx�, iEr{ �tJ-4. Lu 3 G..i �iaF1 AS w>G+, t E S: ec 2�.or 1, Th-.claL _Or }a_e of LeinL for tl-c cr,? enclar vear. J., here- by adopted as licrein:?ltei set and funds arc he: aby Fpp---opriat-'_d therefor; "ENE-IAL FUND w GENERAL GO? ERA It• BNT I'la or�and Gou::cii $ 9,930 t.CZLi1.nis-L."iation 59,13's Finance 33 , 74.4 t'eJ �*n.JN7. LZ� 4' 3, 774 L`--Z,al Scrvaces 17,675 bib-t nry 3, 7g1 Election `: ""60 i lanni.ng s -7 2, 755 m �. r, rr�i +�sR n..�.r..e•140257 MUG 77,�WORKS tt ss 8 11 Engineering e2,131 Highways _ �:�03 , 5�.3 517,000 R.UT E 'TSLM {}Y 21,2u: 01�0 F:L-;! .�.;lilPi..ffi Police ` 20-7 , 037 Fire 3.40,177 Civilian Defense 2,261 Public Health 16,231 An-s,,uil Control 13,%5�, i1 J p G 1. 6_ .G an s 629 c.on zrnen�«.eS $ 10,000 Sett e-ment of Suits 500 Special 4 iUe f> :', Y!L'a Ciii ;1lA^u 499 DOO Gap.'t�:i :irp,-ove;?e?z w, 50,000 104,205 s Ai ^uiil) supr'.:Vision --nCi 40,713 -v' aintcnance 63,278 capital outlay CE 1,1016-3 VL_� Tii4.�JUq ty. Estimated {'fin.- Y. iL",-- �{:.�.. �} � •'1«i� j '-Pn y { `'. a e-a ) em-- .)1 '{ �Y S ��... i. �.V LZ 7� � �. J.�LJ o . Z 1�. r: V..-li i:. ..f. .. A:1 t..✓fT ..4 �L l.r c..�� t�.l Lam.. Lx j�✓.��S �Z E: �i 4.�7 e�'ej,nafter set fort: VEL i. iAL FUND Vr l 7•{ C har-o Statc Lioli'or cnd fn"lac^.:: i'. �LL4 n::�'' ,;91,997 V �. .. Scx �-je a.Y_cc_c." � � Licenses and p e_riii_tG 55 , 540 Municipal Cm rt 26,000 Depm:tmcntai Service Charcc; es 1-25,670 Cti1e3 37 ,050 State Apporti-orrcLen,'�-G-iii-.-,hL-7ays --IL UO— TOTAL GENERAL FMD ;: 436,991 -i-nus r@_ unnpprop - ix teei surplus ? 1,000 ��(([y Other 750 T::,- n,;fe'r fort 58,06E TlOri f4 ty a;;i. K .._\ 4l ec '.f 0_1 3 That . acZ --e ba 'f1 tl^i'C ` f is, lc-vied'ii Ll`.� U f C ocl i' and �;.C'.7al W-0i:o- er y s_ii i:?e Village oa. C"_tiil� t ... fu` C !.i J.G L` ? UC' i:^ T-(3JLLIt, t'0 o For the Ga e:_a'_ 7�zn d For the Park Fund ror the po0i Fund w o% the C I :Gulf. ; S Relief For Fe »voted: ic;i s aw Bonds and lnta�:eot For :fenne?1.i: GO"dil2 }.larlxi Re5C_ le Dist:ict See�.. G.�cation L:nq his o:.dina.ia?ce shall be inCirfect :" Ci ? n i' c^^>?"iL'a its . dop,-Lioll S.S4:d pulblion according '..V .w l'it'iu CC(ontcd this 2.3 d day 0 SC? Lcra?!)C 3:. 19U.. VILLAGE CLERR 85S,100 72,000 12 125 3,600 10,600 66,800 :s L , r'-1 t3 , ✓ 5 t1417iNtzl:C::) ,1.0P?`Ii.G EUDU'± !izE ;ILjJJL1GE C1F EDITv"A rC; THE �' 1965, Al -MID is ;T .BT 15MING TM LEVY FOR TFIE YEAR '-'tom 1- � IG U-li'., iTlMll--E )1 ':, DOra CaDAM M Ps FOLLOWS: -FI 1�L:E,:`>:� v'iJi �1:�, OF +'F3t; ,�7:TL. 'I: •�J:� �L ? �r SL'C'IZOt? 1. TT2.^ BitC!g2! t0' 'L'L1C Village 01 EC3i?a -r-'O t";-e Caleillea -,%eaG1„:�' 5 is hereby i ©Y>l-yG G1J �?L - 12:lat:c., >C tUi; V:', ,^.17U i.L?nCio c:�L.. �3C'_i:L:; t{T:p_O7i?a i:L'therefor;.. Gi1lYE24L FUED Gs„ NEEA� L O. E ,t,.12-71 i Mayor ~�:nd Council $ 9,930 Adm nistrat oil 59,133 33, V- f: t,3,774 Legal Services 17,675 Li rnry 3,781 Election_ f :•r>0 lnnnin; 12 755 wU'f ai GE-NIJIUT $ P-103,257 PUBLIC UTOR <S Adininzsirai_=.on > 15,871 En;ineewTtlg 92,182 HighwaysPROTEr' v ... L Of, < t t...: U Police e 207, 037 3i: e -Au: 177 C-ivilian Da-fa 2,261 n - 15,237- Animal ;o it2s`g>eeOr 2,4, 7 69 "2 . Y 629 C on:_ noenc I, cs 5 i.:,Ooa Lill villa J4 29,000 UnallocatGel Z,T z7 tat Cut1ay -4,705 Cap_ta t .i.it prover-acni:.r> 73. 000 VAPK Mill), --Supe_vision and Ole --hood 40,713 • ecrea44 i on 41,350 llainLe _ante 63,278 V n-) i. lOutlay r..ainrrnm.,.w -3 ,75 �..,a<er D/ J V Wection 2Estimated RcC _`i:-, U.. tian Gent. l a1; Levy c1nG' 11G'i:L:.1Jy Catct% SCiLC? z.5 ere 1?afte see: fo-t- h: GENERAL FUND Vii!age S a-rc-Sect-e i uo_- and '_azga_ette x:,es 91,997 Licenses ::anti 55,540 Municipal Cot._i: 26,000 Dep,art.� :ent:a3 tee; ,ice f:hnr1-1-s 125,670 Ct:a r 37,050 T-L-ansfer frori Liq-,tax Fund 76,934 State ,n art3_c.<r encs ?'� i1t ^ s 23,300 i.nnpj' - :?."r.%G'', s 1i `;LIS �? + v�..1 Othor 750 Tr,nSf.ev t:i'G a cncx-a! .'unC! 5 ,066 1i'nn.,_ ._i0.. aural tiild —_a.95.0-00 .,..,,�_..,..a.,s... ectioa Tha t cc-e c i,` f 4:iY is levied —.Pon .LJ_ i - ,ab c a'3 Cl 4i St n —�,5:ovL'r y IM t11e tj ! %awe 0:� t {a_,il� , ii?4: r jt.. t.)_f4C,' L':1t �C i,3:0 1GC' i 1C i.'�f::!�iCnt6 rcr the General Fund For the Fund Pof the Poo:: Fund T'or the T'itcilK"zs Rclicf Fir r.:?L --- e pi'o1.eC;Li0,iI ror R-ands ---nd lnterest rod' i enne;An Count � x:i i1C' 'C's le 1�7.:i'i:r'! C' `' I }:LT A. Section . This UrG3i10;?r 0 sba33_l be in effect izom .,_:.{ej af?.e"i its adoption c:c d publication a"Ceordi- j o law. Adopted t111s da—v O.. .,Cy t :nblc!-, 1961-, "' z , ty .°. Z'a.7 i _C'''-�G6TT�TC;1F�+1'_ 72,QJG 12,125 3,600 10,600 66.,300 3 34 :it ,GU,35L VILL:�GS OF EDINA 4801 W . 50TH ST. DWAME ADOPTING 3UDSGE'i FOR ` FIZ OF � IRA FOR THE I M. 1966, Eu%'D ESTABLISHMIG TAX LEVY FOR THS YR 1965 PAYABLE iN 1966 1R VILT11GE COMI NIL Or, TFE WE L-WAGE OF EDI%'Aa. s' � xMs x SaaZion 1, she Budget for the Village of Edina for the adopted as hereinafter cet forrht and funds are hereby G,E3;3R,sRAL FUND Mayor and Council Ac�s: ini.etration Finance Assessing Legal and Court Services Library Election Plarming PUBLIC WORKS AdmEis€�Tatioa Engineering Highways ?CM&L CMERAL Gt3sli,_R MT TlYT L PUBLIC MRS PROTEGTI0R (WE 3ERS01TS AM KROP_-MY Police Fire Civilian Defence Public Ealth Animal Con+ eal Iuspe Lion DOES ORDAM AS FQLLMIS : calendar year 1966 Is hereby appropriated therefor- $ 9,800 59, 50,0 51,760 53,675 33,503 5,025 9,2,4t" 1.6 y630 1G,520 108,700 435,015 $31.5, 357 159,126 3,516 7,7118 1:3,154 38a550 _-- TaTAL 1' OTEC!"10N OF PERSONS AND PROP ATY Sc7,V21 $ 239,157 560,235 .� Contingencies 9,297 Settlement of Suits 5W Special Assessmeu.s on Village Property. 30,000 Unallocated Capital Outlay 9,110 Capital Improve^:en. s 50 000 MUM, 111SCELMHEMS ff. rD -- — — GOrlTINGMINES—93,907 1.20 PARK Fl UIT Supervision and Qvezhead ;; 43,183 Recreation, 41,075 Maintenance 70,842 Capital Outlay .� 8.,250 TOT .L P&M FUND $ 163.350 EiilDUTANCE U0. 16--9 CMTIM . 5'ection 2. Estimated Receipts other than General Tax bevy are hereby established as 'aezeina;zer set forth: GENtR L FWD Village Share- State Llq. —,or and Cigarette Taxes �112? 3�rS Licenses and permits 71.,280 1in£cipaal Coi3rt: 50,00 Departmental Service Charges 137,650 Other 39.100 Transfer fxom Liqucr Fund 702700 State Apportio=ieuts—highways 30,,670 TOTAL GEM-WiL FU `�' 511..748 PAR X FUND ?taansfer unappropriated surplus $ 1,000 Registration Fees 22,000 Other 750 Transfer from Genmal Fund 64 300 T(Y-Ct%L Plmm Fun 68,050 PARK C ONSTRWR JLM V- U= Transfer from General. Fund �_ 87.00 3_�..�. TUXAL ESTI'MMTED MUMS JL f86,79S Section 3. That there be wd hereby is levied upoz all tanabie real and paraeaal PTGPGTty:in the er set Village of 9di , a tax rate sufficient, to produce the amc=, s }�,r For the Gaaer al Fund For the Park. Fund For the Poor F-nd For the Firemeraa Rel-rer For Dire Protection For Bonds and Interest For Hennepin County Park Reserve District. WTAL Section fir. This ozdi---=e shall be in affect f om and after its admtion and publication accor:ng to law. Adopted this 20th day of September, 1965. ATTEST ...�(SiEied) Florence D. hallbe:r -- _ VIl,i.l`GE CLSMIK 93,4, s72 75,300 12,125 3,800 11,300 67,700 4e275 $1,108,872 (Sigraeci�� Arthur C. Bredese-n r. _ Please publish in the Edi.na•Morningsid€s Courier Seeptember 30, 1965. Phase send us two (2) Affidavits of Publication. Please sand us ten (10) clippings. STREET NAME CHANGE ORDINANCE 14 THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Roushar Court is hereby renamed "Waterford Court". Sec. 2. This ordinance shall be in full force and 'effect on Decem- •:..ber 16, 1981, upon its publication.. First Reading: December 7, 1981 Second Reading: Waived Published in the Edina Sun on December 16, 1981. (signed) C. WAYNE COURTNEY Mayor ATTEST: (signed) FLORENCE B. HALLBERG City Clerk f September 4, 1981 TO: City of Edina SUBJECT: Street signs and names The undersigned hereby ask and petition that the street now named Roushar Court be changed to Habitat Circle. The undersigned plan to build similar type dwellings on that street to those now existing and being built on Habitat Court; and to establish The Habitat as an identity embracing both streets. In the interest of that identity we petition the City of Edina, at our expense, to promptly remove the sign "Roushar Court" and replace it with a s Nn designating the street as Habitat Circle. Builder%Devejoper (Official Publication) CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON STREET NAME CHANGE EDINA CITY COUNCIL will meet at the Edina City Hall on Monday, Nov- ember 2, 1981, at 7:00 p.m., and will, at said time and place, con-+ sider the petition for the change of Roushar Court to "Habitat Circle". All recommendations and objections will be heard at said meeting. BY ORDER OF THE EDINA CITY COUNCIL. FLORENCE B. HALLBERG CITY CLERK Please publish in the Edina Sun on October 21, 1�)81 Please send us two Affidavits of Publication. (Official Publication) CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON STREET NAME CHANGE EDINA CITY COUNCIL will meet at the Edina City Hall on Monday, April 7, 1980, at 7:00 p.m., and will, at said time and place, consider the petition for the change of name of that portion of Larada Lane located within the plat of Parkwood Knolls 14th Addition. All recommendations and objections will be heard at said meeting. BY ORDER OF THE EDINA CITY COUNCIL. Florence B. Hallberg City Clerk Please publish in the Edina Sun on March 26, 1980. Please send us two Affidavits of Publication. CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON STREET NAME CHANGE EDINA CITY COUNCIL will meet at the Edina City Hall on Monday, April 7, 1980, at 7:00 p.m. and will, at said time and place, consider the petition for the change of name of that portion of Larada Lane.located within the plat of Park - wood Knolls 14th oddition. All recommendations and objections will be heard at said meeting. BY OFDER OF THE EDINA CITY COUNCIL. Florence B. Hallberg City Clerk March 21, 1980 f 0 STATE OF MINNESOTA ) CERTIFICATE OF COUNTY OF HENNEPIN ) SS POSTING NOTICE CITY OF EDINA ) I, the undersigned duly appointed and actinc Police Patrolman for the City of Edina, County of Hennepin. State of Minnesota. do hereby certify that I have, this date, posted copies of the attached and foregoing -on three o ficial City Bulletin Bo _ds, as follo..?s; 1. - City all, 4"01 w. 50th Street 2.. 50th and France Business Area (3922 w. 50th St.) .'. Amundson Avenue Shopping Center. Dated "�' Sipned - Pol're Patrol* Signed.and sworn to before me, a Notary.Public in and for Hennepin County, Minnesota, this, the day of (h , 19 j R-74 CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON STREET NAME CHANGE EDINA CITY COUNCIL will meet at the Edina City Hall on Monday, November 19, 1979, at 7:00 p.m., and will, at said time and place, consider the petition for the change of the name of Limerick Lane in Brookview Heights 5th Addi- tion, to "Limerick Drive". All recommendations and objections will be heard at said meeting. BY ORDER OF THE EDINA CITY COUNCIL. FLORENCE B. HALLBERG City Clerk CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON STREET NAME CHANGE EDINA CITY COUNCIL will meet at the Edina City Hall on Monday, November19, 1979, at 7:00 p.m., and will, at said time and place, consider the petition for the change of the name of Limerick Lane in Brookview Heights 5th Addi- tion, to ".Limerick Drive". All recommendations and objections will be heard at said meeting. BY ORDER OF THE EDINA CITY COUNCIL. FLORENCE B. HALLBERG City Clerk LAND SURVEYORS r'r�ln l1 in / ^-r-n -rr_-� -� n 1 r, /t r7 r� f -r-• -, n l Th'L Mo,,TH L /NE of 7-,qe of 7�Vg 5. E . 1114 I I \ 1 6A-5 I Q 1 A - o 217 3 .. S �. 16 . I 15 kN_ 13 y „ N85_ZZ 42„IE __-I - 1485- Z7'4Z �E �a J p l73.33 lob. oo �-1 178.83� \� Q10p� L� l W v o I�, 7 ZLV Q V LIj 0,10 o �173°ol'39 V� i STREET NAME CHANGE ORDINANCE 12 THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Limerick Lane in Brookview Heights 5th Addition is hereby renamed "Limerick Drive". Sec. 2. This ordinance shall be in full force and effect on November 28, 1979, upon its publication. First Reading: November 19, 1979 Second Reading: Waived Published in the Edina Sun on November 28, 1979. ATTEST: (signed) FLORENCE B. HALLBERG City Clerk (signed) JAMES VAN VALKENBURG Mayor (12) STREET NAME CHANGE ORDINANCE 13 THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Larada Lane in Parkwood Knolls 14th Addition is hereby renamed "Kelsey Terrace". Sec. 2. This ordinance shall be in full force and effect on April 16, 1980, upon its publication. First Reading: April 7, 1980 Second Reading: Waived Published in the Edina Sun on April 16, 1980. (signed) JAMES VAN VALKENBURG Mayor ATTEST: (signed) FLORENCE B. HALLBERG City Clerk l rr ", qp_EDINA 4801 WEST 50TH STREET, EDINA. MINNESOTA 55424 612-927-8861 March 11, 1980 Mr. John H. Palmer 7117 West Shore Drive Edina, MN. 55435 Dear Mr. Palmer: According to our records, you are the owner of Lot 1, Block 1, Parkwood Knolls 14th Addition. This property is located on the corner of Parkwood Road and a future north/south street which was named "Larada Lane" when the property was originally divided. Inadvertently, another street in the area has also been named Larada Lane. In order to resolve the problem, we ask that you sign and return to me the enclosed petition to change the street name from Larada Lane to Kelsey Terrace. This new name will be consistent with the street name selected for the extension of the road to the north of your property. Thank you for your cooperation. Please call if I can answer any questions. Sincerely, drdonL. Hughes Director of Planning Edina Planning Department GH:dls Y ", qRPINA _ 4801 WEST 50TH STREET, EDINA, MINNESOTA 55424 612-927-8861 March 11, 1980 Mr. W. Manfred Jacobsen 407 Physicians & Surgeons Bldg. Minneapolis, MN. 55402 Dear Mr. Palmer: According to our records, you are the owner of Lot 1, Block 2, Parkwood Knolls 14th Addition. This property is located on the corner of Parkwood Road and a future north/south street which was named "Larada Lane" when the property was originally divided. Inadvertently, another street in the area has also been named Larada Lane. In order to resolve the problem we ask that you sign and return to me the enclosed petition to change the street name from Larada Lane to Kelsey Terrace. This new name will be consistent with the street name selected for the extension of the road to the north of your property. Thank you for your cooperation. Please call if I can answer any questions. Sincerely, ordon L. Hughes Director of Planning Edina Planning Department GH:dls 0 STREET NAME CHANGE ORDINANCE 13 THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: • Section 1. Larada Lane in Parkwood Knolls 14th Addition is hereby renamed "Kelsey Terrace". • Sec. 2. This ordinance shall be in full force and effect on April 16, 1980, upon its publication. • First Reading: April 7, 1980 Second Reading: Waived Published in the Edina Sun on April 16, 1980. (signed) JAMES VAN VALKENBURG • Mayor ATTEST: • (signed) FLORENCE B. HALLBERG • City Clerk • • 0 (1 3) CITY OF EDINA 4801 W. 50TH STREET EDINA, MIN11ESOTA 55424 STREET NAME CHANCE ORDINANCE 8 THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. McCauley Lane is hereby renamed "McCauley Terrace". Sec. 2. West Highwood Drive in Whiteman Addition is hereby renamed "Foxmeadow Lane". Sec. 3. This ordinance shall be in full force and effect on March 15, 1976. First Reading: February 23, 1976 Second Reading: Waived ATTEST: (signed) JAMES VAN VALKENBURG Mayor (signed) FLOREPdCE R. HALLBERGG City Clerk _ (Official Publication) VILLAGE OF EDINA HENNEPIN COUNTY, bIINNESOTA NOTICE OF PUBLIC HEARING ON PROPOSED STREET NAME CHANGE EDINA VILLAGE COUNCIL will meet at the Edina Village -Hall, on Monday, August 14, 1961, at 7:00 P.m.. and will at said time and place consider the petition of Mr. Bert Mer- feld for the change of the name of that part of "Sherwood. Avenue" ly- ing between School Road and W. 60th St., to "SCHOOL ROAD". All recommendations and objections will be heard at said meeting. BY ORDER OF THE EDINA VIL- LAGE COUNCIL. GRETCHEN S. ALDEN Village Clerk (Aug. 3-10, 1961)EC2A10C STREET NAME CHANGE ORDINANCE 11 THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Edina Industrial Boulevard between Bush Lake Road and W. 78th Street is hereby renamed "Bush Lake Road". Sec. 2. This ordinance shall be in full force and effect on April 1, 1980, and upon its publication. First Reading: September 17, 1979 Second Reading: Waived Published in the Edina Sun on September 26, 1979. ATTEST: City Clerk (Official Publication) CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 STREET NAME CHANGE ORDINANCE 11 THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Edina Industrial Boulevard between Bush Lake Road and W. 78th Street is hereby renamed "Bush Lake Road". Sec. 2. This ordinance shall be in full force and effect on April 1, 1979, and upon its publication. First Reading: September 17, 1979 Second Reading: Waived (signed) JAMES VAN VALKENBURG Mayor ATTEST: (signed) FLORENCE B. HALLBERG City Clerk Please publish in the Edina Sun on September 26, 1979. Please send us one Affidavit of Publication. Please send us one clipping. (Official Publication) CITY OF EDINA 4801 W. 50T11 STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON STREET NAME CHANGE NOTICE IS HEREBY GIVEN that the Edina City Council will meet on Monday September 17, 1979, at 7:00 o'clock p.m. in the Council Chambers of the Edina City Hall, 4801 W. 50th Street to consider the following street name change: Edina Industrial Boulevard between Bush Lake Road and W. 78th Street to "Bush Lake Road". All domments and recommendations will .be_heard at said meeting. BY ORDER OF THE EDINA CITY COUNCIL. Florence B. Hallberg City Clerk Please publish in the Edina Sun on September 5, 1979. Please send us one Affidavit of Publication. VERNE W. MOSS J.,BRAINERD CLARKSON PATRICK F. FLAHERTY FREMONT C. FLETCHER JAMES VAN VALKENBURG PAUL VAN VALKENBURG MICHAEL L. FLANAGAN WAYNE A. HERGOTT JAMES E. O'BRIEN RICHARD S. ZIEGLER JOHN F. STONE EDWARD L. WINER DAVID B. MORSE CHARLES A. PARSONS, JR. MARK P. KOVALCHUK LAW OFFICES MOSS, FLAHERTY, CLARKSON & FLETCHER A PROFESSIONAL ASSOCIATION 2350 IDS CENTER 90 SOUTH EIGHTH STREET MINNEAPOLIS, MINNESOTA 55402 j Ms. Lila M. Johnson Vice President of Administration BUSINESS INCENTIVES, INC. i P. 0. Box 1610 Minneapolis, MN 55440 Re: Street Name Change Dear Lila: (612) 339-8551 BY MESSENGER June 27, 1979 PETER L. McCARTHY J. MICHAEL HIRSCH MARGO S. STRUTHERS ANN K. NEWHALL MICHAEL J. AHERN MAHER J. WEINSTEIN OF COUNSEL HORACE VAN VALKENBURG RALPH H.COMAFORD DAVID W. LEWIS HOMER A. CHILDS L.GLENN FASSETT (1930-1975) ABBOTT L. FLETCHER 11916- 1974) Enclosed find a copy of a memo from Jim Van Valkenburg to me on the above matter and the original and two copies of a proposed Petition. .Please obtain Guy's signature on alL three enclosures and signatures on the original and one copy of representatives of Mutual Creamery Insurance and Marfield Investment Company. Please return the fully executed original to me, and Jim Van Valkenburg will forward it to the City of Edina. You can give one copy to each of the parties (for their records) as signed by the other parties to the Petition. Please call me with any questions. JEO:Le Enc. cc: Mr. Guy Schoenecker Best Regards, G es E. O'Brien (JR-, �1� STREET NAME CHANGE ORDINANCE 12 THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Limerick Lane in Brookview Heights 5th Addition is hereby renamed "Limerick Drive". Sec. 2. This ordinance shall be in full force and effect on November 28, 1979, upon its publication. First Reading: November 19, 1979 Second Reading: Waived Published in the Edina Sun on November 28, 1979. ATTEST: (signed) FLORENCE B. HALLBERG City Clerk (signed) JAMES VAN VALKENBURG Mayor (12) STREET NAME CHANGE ORDINANCE 12 THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Limerick Lane in Brookview Heights Sth Addition is hereby renamed "Limerick Drive". Sec. 2. This ordinance.shall be in full force and effect on November 28, 1979, upon its publication. First Reading: November 19, 1979 Second Reading: Waived Published in the Edina Sun on November 28, 1979. ATTEST: (signed) FLORENCE B. HALLBERG City Clerk (signed) JAMES VAN VALKENBURG Mayor (12) • • i • • • • i i • (Official Publication) CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 STREET NAME CHANGE ORDINANCE 12 THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Limerick Lane in Brookview Heights 5th Addition is hereby renamed "Limerick Drive". Sec. 2. This ordinance shall be in full force and effect on November 28, 1979, upon its publication. First Reading: November 19, 1979 Second Reading: Waived (signed) JAMES VAN VALKENBURG Mayor ATTEST: (signed) FLORENCE B. HALLBERG City Clerk please publish in the Edina Sun on November 28, 1979. Please send us two Affidavits of Publication. Please send us one clipping. ORDINANCE NO. 16-10 ORDINANCE ADOPTING BUDGET FOR THE VILLAGE OF EDINA FOR THE YEAR 1967, AND ESTABLISHING TAX LEVY. FOR THE YEAR 1966 PAYABLE ICI 1967 THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, DOES ORDAIN AS FOLLOWS: Section 1. The Budget for the Village of Edina for the calendar year 1967 is hereby adopted as hereinafter set forth; and funds are hereby appropriated therefor; GENERAL FUND GENERAL GOVERNMENT Mayor and Council $10,340 Administration 61,975 Finance 55,143 Assessing 55,089 Legal and Court Services 32,680 Library 5,280 Election 4,082 Planning 17.852 TOTAL GENERAL GOVERNMENT $242,441 PUBLIC WORKS Administration $ 19,967 Engineering 114,773 Highways 480,650 TOTAL PUBLIC WORKS 615,390 PROTECTION OF PERSONS AND PROPERTY Police $368,979 Fire 174,691 Civilian Defense 3,070 Public Health 21,343 Animal Control 14,700 Inspection 39,196 TOTAL PROTECTION OF PERSDNS AND PROPERTY 621,979 NON -DEPARTMENTAL EXPENDITURES Contingencies $ 15,000 Settlement of Suits 500 Special Assessments on Village Property 35,000 Unallocated Capital Outlay 10,000 Capital Improvements 100,000 TOTAL MISCELLANEOUS AND CONTINGENCIES 160.500 TOTAL GENERAL FUNDn� 1 310 PARK FUND Supervision and Overhaad $ 50,479 Recreation 42,800 Maintenance 78,838 Capital Outlay 7,500 TOTAL PARK FUND $ 179,617 ORDINANCE NO. 16-10 Page 2 Section 2. Estimated Receipts other than General Tax Levy are hereby established as hereinafter set forth: GENERAL FUND Village Share -State Liquor and Cigarette Taxes $119,739 Licenses and Permits 72,878 Municipal Court 45,000 Departmental Service Charges 140,084 other 43,000 Transfer from Liquor Fund 81,283 State Apportionments -Highways 423000 TOTAL GENERAL FUND $ 543,984 PARK FUND Transfer unappropriated surplus $ 6,000 Registration Fees 22,000 Other 1,000 Transfer from General Fund 63,717 TOTAL PARK FUND 92,917 PARK CONSTRUCTION FUND Transfer from General Fund 80,000 TOTAL ESTIMATED RECEIPTS 716 901 Section 3. That there be and hereby is levied upon all taxable real and personal property in the Village of Edina, a tax rate sufficient to produce the amounts hereinafter set forth: For the General Fund For the Park Fund For the Poor Fund For the Firemen's Relief For Fire Protection For Bonds and Interest For Hennepin County Park Reserve District $1,096,326 86,900 14,980 4,350 13,000 62,600 4,305 TOTAL $1,282,461 Section 4. This ordinance shall be in effect from and after its adoption and publication according to law. Adopted this 19th day of September, 1966. ATTEST: (fined) ARTHUR Ca BREDESEN, JR�j Mayor (signed) FLORENCE B. HALLBERG Village Clerk Published in the Edina-Morningside Courier September 29, 1966- A RESOLUTION CHANGING THE NAME OF CERTAIN SPECIFIED STREETS IN THE VILLAGE OF EDINA HENNEPIN COUNTY, MINNESOTA BE IT RESOLVED by the Village Council of the Village of Edina, Hennepin County, Minnesota, as follows: 1. That the name of WESSEX AVENUE, between W. 56th Street and Windsor Avenue, be changed to "CODE AVENUE". 2. That the name of WILLSON DRIVE be changed to "EDENMOOR STREET" 3. That the name of WOODHILL ROAD, between Wooddale Avenue and Lakeview Drive, be changed to "LAKEVIEW DRIVE". 4. That the name of CRESCENT DRIVE, between Lakeview Drive and Golf Terrace, be changed to "LAKEVIEW DRIVE". 5. That the name of FULTON AVENUE, between Motor Street and the North Boundary Line of "BEVERLY HILLS" Addition, be changed to "OXFORD AVENUE". 6. That the name of W. 46TH STREET, between Rutledge Avenue and the East Boundary Line of "BEVERLY HILLS" Addition, be changed to "HOLLYWOOD ROAD". 7. That the name of DEARBORN STREET, between Valley View Road and Holborn Avenue, be changed to "WEST 64TH STREET". 8. That the name of OLINGER ROAD, between Tracy Avenue and Olinger Road, be changed to "TRACY AVENUE". 9. That the name of that portion of OLINGER ROAD running East and West from the present North -and -South Olinger Road to Holborn Avenue be changed to "WHITING AVENUE". 10. That the name of WESSEX AVENUE, between Windsor Avenue and the South Boundary Line of "Richmond Hills" Addition, be changed to "RICHMOND DRIVE". 11. That the name of WESTCHESTER AVENUE, between Hansen Road and the present Wessex Avenue, be changed to "WINDSOR AVENUE". ATTEST: (Signed) BOWER HAWTHORNE Village Clerk (Signed) GENE COOPER President of the Village Council Resolution adopted on September 26, 1949. ORDINANCE NO. 164-1 AN ORDINANCE AME14DING VILLAGE OF EDINA ORDINANCE NO. 164 ENTITLED "AN ORDINANCE NAMING AND RENAMING CERTAIN ROADS, STREETS AND AVENUES IN THE VILLAGE OF EDINA." THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, DOES ORDAIN AS FOLLOWS: Section 1. Ordinance No. 164 of the Village is hereby amended by adding after Section 13 the following: "14. 'Nelson Avenue' is hereby renamed 'Spruce Road'." Section 2. This Ordinance shall be in effect from and after its passage and publication according to law. Adopted by the Edina Village Countil this llth day of May, 1953. ATTEST: (Signed) EVALD C. BANK Village Clerk (Signed) REUBEN F. ERICKSON Mayor Published in Edina-Morningside Courier May 28 and June 4, 1953. ORDINANCE NO. 164-2 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE NO. 164 ENTITLED "AN ORDINANCE NAMING AND RENAMING CERTAIN ROADS, STREETS AND AVENUES IN THE VILLAGE OF EDINA." THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, DOES ORDAIN AS FOLLOWS: Section 1. Ordinance No. 164 of the Village is hereby amended by adding after Section 14 the following: "15. That portion of 'Grove Street' lying between State Highway No. 100 and Tingdale Avenue is hereby renamed 'Benton Avenue'." Section 2. This Ordinance shall be in effect from and after its passage and publication according to law. Adopted this 27th day of July, 1953. ATTEST: (Signed) EVALD C. BANK Village Clerk (Signed) REUBEN F. ERICKSON Mayor Published in Edina-Morningside Courier Augut 27, 1953. ORDINANCE NO. 164-3 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE NO. 164, ENTITLED "AN ORDINANCE NAMING AND RENAMING CERTAIN ROADS, STREETS AND AVENUES IN THE VILLAGE OF EDINA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, DOES ORDAIN AS FOLLOWS: Section 1. Ordinance No. 164 of the Village is hereby amended by adding after Section 15 the following: "16. 'Josephine Avenue' lying between W. 50th and W. 51st Streets, is hereby renamed 'Normandale Road'." Section 2. This Ordinance shall be in effect from and after its passage and publication according to law. Adopted this 14th day of September, 1953. (Signed) REUBEN F. ERICKSON Mayor ATTEST: (Signed) EVALD C. BANK Village Clerk Published in Edina-Morningside Courier October 15, 1953. OP.DTN1',1,CE NO. 1643 AN G RDLUANCE Ai "DING VILLAGE OF 2D INA ORDII•,IA'`TCE NO. 164, +M �TTITLED "AN O DI':`Tz1NCE IQA:iTNG �`1ND R ;.. NA:,AING CERTAIN :GOADS, SURE TS ,''!I'D AV ,NUBS IN THE V.T.T.T kGE OF EDINA THE VILLAGE COUNCIL OF 1'HA VIL:LACE OF P:DL'1A, 711INivE✓O`T'A, DONS CRDAIN AS FOLLO'.,,S: Section 1. Ordinanco No. 164 of the Village is hereby amended by adding after Section 15, the following: 1116® 'Joceph ne Av:nue9 '.,yint betwcen W,50th and b;, f51st Streets is hereby renamed 'ATormandale Road.T," Section 2e This Ordinance sh,7.'—1 be in effoc'. f r'? and �7 ter its passage and publication according to law. Adopted tsiis 1-4th day of Senterl�er, ? 9530 (Si f.,ned) 2ZEU BEN F o MICK50N ATTEST- Mayor (Signed.) EVALD C. BANK Village Clerk Pub1i_shed in Edina-Yorni.ngside Courier October 15, 1953. ORDINANCE NO. 164-4 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE NO. 164 ENTITLED "AN ORDINANCE NAMING AND RENAMING CERTAIN ROADS, STREETS AND AVENUES IN THE VILLAGE OF EDINA." THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, DOES ORDAIN AS FOLLOWS: Section 1. Ordinance No. 164 of the Village is hereby amended by adding after Section 16 the following: "17. 'St. Johns Avenue' lying in Stocke & Hanson's Concord Terrace, and between West Woodland Road and Fairfax .Avenue, is hereby renamed 'Fairfax Avenue'." Section 2. This Ordinance shall be in effect from and after its passage and publication according to law. Adopted this 9th day of November, 1953. ATTEST: (Signed) EVALD C. BANK Village Clerk (Signed) REUBEN F. ERICKSON Mayor Published in Edina-Morningside Courier November 12 and 19, 1953. ORDINANCE NO. 164-5 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE NO. 164, ENTITLED "AN ORDINANCE NAMING AND RENAMING CERTAIN ROADS, STREETS AND AVENUES IN THE VILLAGE OF EDINA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, DOES ORDAIN AS FOLLOWS: Section 1. Ordinance No. 164 of the Village is hereby amended by adding after Section 17, the following: "Section 18. All that portion of 'Arthur Street' lying in Schwantes Addition is hereby renamed 'Ridge Road'." Section 2. This Ordinance shall be in effect from and after its passage and publication according to law. Adopted this 24th day of January, 1955. (Signed) REUBEN F. ERICKSON Mayor ATTEST: (Signed) GRETCHEN S. ALDEN Acting Village Clerk Published in Edina-Morningside Courier January 27 and February 3, 1955. ORDINANCE NO. 164-6 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE NO. 164, ENTITLED "AN ORDINANCE NAMING AND RENAMING CERTAIN ROADS, STREETS AND AVENUES OF THE VILLAGE OF EDINA." THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, DOES ORDAIN AS FOLLOWS: Section 1. Ordinance No. 164 of the Village is hereby amended by adding after Section 18 the following: "Section 19. (a) 'Danens Drive So.' is hereby renamed 'Abercrombie Dr.' (b) 'Meadow Ridge So.' is hereby renamed 'Tifton Drive.' (c) 'Danens Drive No.' is hereby renamed 'Danens Drive.' (d) 'Meadow Ridge No.' is hereby renamed 'Meadow Ridge'." Section 2. This Ordinance shall be in effect from and after its passage and publication according to law. Adopted this 26th day of September, 1995. ATTEST: (Signed) GRETCHEN S. ALDEN Village Clerk (Signed) REUBEN F. ERICKSON Mayor Published in Edina-Morningside Courier September 29 and October 6, 1995. ORDINANCE NO. 164-7 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE NO. 164 ENTITLED "AN ORDINANCE NAMING AND RENAMING CERTAIN ROADS, STREETS AND AVENUES OF THE VILLAGE OF EDINA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Ordinance No. 164 of the Village is hereby amended by adding after Section 19 the following: "Section 20. Ashcroft Avenue between St. Johns Avenue and W. 64th Street is hereby renamed "Ashcroft Lane". Section 2. This Ordinance shall be in effect from and after its passage and publication according to law. Adopted this 13th day of February, 1956. ATTEST: (Signed) GRETCHEN S. ALDEN Village Clerk (Signed) REUBEN F. ERICKSON Mayor ORDINANCE NO. 164-8 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE NO. 164 ENTITLED "AN ORDINANCE NAMING AND RENAMING CERTAIN ROADS, STREETS AND AVENUES OF THE VILLAGE OF EDINA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Ordinance No. 164 of the Village is hereby amended by adding after Section 20 the following: Section 21. (a) Town Road is hereby renamed ROUSHAR ROAD. (b) That part of McGuire Road lying North of Brook Avenue is hereby renamed GALWAY DRIVE. (c) Woodbine Avenue is hereby renamed LIMERICK LANE. (d) North Knoll Drive is hereby renamed KNOLL DRIVE. (e) South Knoll Drive is hereby renamed KAYMAR DRIVE. (f) Crestview Drive is hereby renamed SAXONY ROAD. (g) That part of Bywood West lying between Annaway Drive and Merilane is hereby renamed ANNAWAY DRIVE. (h) Ewing Avenue as platted in Block 21, Emma Abbott Park Addn. is hereby renamed CLARK AVENUE. (i) South Olinger Road, a street lying between Tracy Avenue and Olinger Road, is hereby renamed WEST 62ND STREET. (j) West Iroquois Trail is hereby renamed IROQUOIS TRAIL. (k) East Iroquois Trail is hereby renamed MOHAWK TRAIL. Section 2. This Ordinance shall be in effect from and after its passage and publication according to law. ADOPTED this 13th day of August, 1956. ATTEST: (Signed) GRETCHEN S. ALDEN Village Clerk (Signed) REUBEN F. ERICKSON Mayor Published in Edina-Morningside Courier August 22 and 29, 1956. ORDINANCE NO. 164-9 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE NO. 164 ENTITLED "AN ORDINANCE NAMING AND RENAMING CERTAIN ROADS, STREETS AND AVENUES OF THE VILLAGE OF EDINA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Ordinance No. 164 of the Village is hereby amended by adding after Section 21 the following: Section 22. (a) McCauley Trail is hereby renamed INDIAN HILLS ROAD. (b) W. 57th Street, a street lying between Normandale Road and Normandale Court, is hereby renamded NORMANDALE COURT. Section 2. This Ordinance shall be in effect from and after its passage and publication. Adopted this 27th day of August, 1956. ATTEST: (Signed) GRETCHEN S. ALDEN Village Clerk (Signed) ARTHUR C. BREDESEN, JR. Mayor Pro Tem Published in Edina-Morningside Courier September 13 and 20, 1956. ORDINANCE NO. 164-10 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE NO. 164 ENTITLED "AN ORDINANCE NAMING AND RENAMING CERTAIN ROADS, STREETS AND AVENUES OF THE VILLAGE OF EDINA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Ordinance No. 164 of the Village is hereby amended by adding after Section 22 the following: Section 23. Roycar Road is hereby renamed ORMSKIRK LANE. Section 2. This ordinance shall be in effect from and after its passage and publication. Adopted this 22nd day of October, 1956. ATTEST: (Signed) GRETCHEN S. ALDEN Village Clerk (Signed) ARTHUR C. BREDESEN, JR. Mayor Published in Edina-Morningside Courier November 1 and 8, 1956. ORDINANCE NO. 164-11 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE NO. 164 ENTITLED "AN ORDINANCE NAMING AND RENAMING CERTAIN ROADS, STREETS AND AVENUES OF THE VILLAGE OF EDINA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Ordinance No. 164 of the Village is hereby amended by adding after Section 23 the following: Section 24. That portion of Kaymar Drive lying between Blake Road and Knoll Drive is hereby renamed SOUTH KNOLL DRIVE. Section 2. This ordinance shall be in effect from and after its passage and publication. Adopted this 14th day of January, 1957. ATTEST: (Signed) GRETCHEN S. ALDEN Village Clerk (Signed) ARTHUR C. BREDESEN, JR. Mayor Published in Edina-Morningside Courier January 24 and 31, 1957. ORDINANCE NO. 164-12 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE NO. 164 ENTITLED "AN ORDINANCE NAMING AND RENAMING CERTAIN ROADS, STREETS AND AVENUES OF THE VILLAGE OF EDINA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Ordinance No. 164 of the Village is hereby amended by adding after Section 24 the following: Section 25. Ormskirk Lane, formerly known as Roycar Road, is hereby renamed ROYCAR ROAD. Section 2. This ordinance shall be in effect from and after its passage and publication. Adopted this 13th day of May, 1957. ATTEST: (Signed) GRETCHEN S. ALDEN Village Clerk (Signed) ARTHUR C. BREDESEN, JR. Mayor Published in Edina-Morningside Courier May 16 and 23, 1957. ORDINANCE NO. 164-13 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE NO. 164 ENTITLED "AN ORDINANCE NAMING AND RENAMING CERTAIN ROADS, STREETS AND AVENUES OF THE VILLAGE OF EDINA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Ordinance No. 164 of the Village is hereby amended by adding after Section 25 the following: Section 26. Erringer Road is hereby renamed PINE GROVE ROAD. Section 2. This ordinance shall be in effect from and after its passage and publication. Adopted this 14th day of October, 1957. ATTEST: (Signed) GRETCHEN S. ALDEN Village Clerk (Signed) ARTHUR C. BREDESEN, JR. Mayor Published in Edina-Morningside Courier October 17 and 24, 1957. ORDINANCE NO. 164-14 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE NO. 164, ENTITLED "AN ORDINANCE NAMING AND RENAMING CERTAIN ROADS, STREETS AND AVENUES IN THE VILLAGE OF EDINA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, DOES ORDAIN AS FOLLOWS: Section 1. Ordinance No. 164 of the Village is hereby amended by adding after Section 26 the following: "Section 27. Broadview Road in Broadmore Addition is hereby renamed BENTON AVENUE." Section 2. This Ordinance shall be in effect from and after its passage and publication. Adopted this 9th day of December, 1957. (Signed) REUBEN F. ERICKSON Mayor ATTEST: (Signed) GRETCHEN S. ALDEN Acting Village Clerk Published in Edina-Morningside Courier December 19 and 26, 1957. ORDINANCE NO. 164-15 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE NO. 164, ENTITLED "AN ORDINANCE NAMING AND RENAMING CERTAIN ROADS, STREETS AND AVENUES IN THE VILLAGE OF EDINA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, DOES ORDAIN AS FOLLOWS: Section 1. Ordinance No. 164 of the Village is hereby amended by adding after Section 27 the following: "Section 28. That portion of 'Chowen Avenue' lying in Evans Addition (between 6300-6301 and Crosstown Highway) is hereby renamed EWING AVENUE. Section 29. That portion of 'Dodd Place' lying in Evans Addition (between 6300-6301 and Crosstown Highway) is hereby renamed CHOWEN AVENUE. Section 30. That portion of 'W. 59th Street' lying in Lyle Second Addition, and in Edina Countryside Addition, is hereby renamed COUNTRYSIDE ROAD." Section 2. This Ordinance shall be in effect from and after its passage and publication. Adopted this 9th day of November, 1950. (Signed) ARTHUR C. BREDESEN, JR. Mayor ATTEST: (Signed) GRETCHEN S. ALDEN Village Clerk Published in Edina-Morningside Courier November 12 and 19, 1959. AFFIDAVIT OF PUBLICATION ...............................................................................•-•. Edina-Nlorningside Courier Edina, Minnesota State of Minnesota County of Hennepin � SS. JOHN E. TILTON, being duly sworn, on oath says: that he now is and during all the time herein - stated has been JOHN E. TILTON, the publisher ------ and printer ------ of the newspaper known as The Edina-Morningside Courier, and has full knowledge of the facts herein stated. That for more than one year immediately prior to the publication therein of the printed ._�t�_sty_i�+�-_1[+�►�a_.�t_P��ia_�ean�_��.... (Official Publication) AGE OF INA ----------------------------------------------------------------------------------------- HENNEPINCOUNTY.VIL • DfINNESOTA NOTICE OF PUBLIC HEARINGS DN PROPOSED STREET NAME, _ _ ------------------------------------------------------------------- CHANGES HE EDIN A V?LLAGF COUNCILill meet at the Village hereto attached, said newspaper was printed and published in the English language from its known office the County Hennepin, State Hall on day, November 9,' 1959, at l o0 Mon• of publication within of of Minnesota, on Thursday of in form in to 450 inches ., and will at said time and placecon. each week column and sheet equivalent space running of single column sider, the following proposed two inches wide; has been issued from a known office established in said place of publication street name changes: ip equped with skilled workmen and the necessary material for preparing and printing the same: I. Change in the naive of that THE ED1NA-MORNINGSIDE COURIER has had in lts makeup not less than twenty-five percent tion of "Chowen 'Avenue" 1 por• of its news columns devoted to local news of interea co said community it purports to serve, the in Evans Addition (between 6300-6301 press work of which has been done in its said kaowr place of piitlication; has contained general and Crosstown .Highwa,y) from news, comments and miscellany; has not duplicator any other publication; has not been entire- "Chowen Avenue" to E\VING ly made up of patents, plate matter and advertisements; has been circulated at and near its said AVENUE. place of publication to the extent of 240 copies regularly delivered to paying subscribers; has bleep 2. Change in the name of "Dodd entered as second class mail matter in local post office of its said place of publication; that there Place" lying to Evans Addition has been on file in the office of the County Auditor of said county the affidavit of a person hav- (between 6,300-6301) and Crosstown ing first hand knowledge of the facts constituting its qualification as a newspaper for publication Hi bwav) from "Dodd Place" to of legal notices; and that its publishers have compiled with all demands of said County Auditor CHOWEN AVENUE. for proofs of its said qualification. A copy of each issue has been filed with the State Historical 3. Change in the name of "W. 59th Society, St. Paul. Street" lvinq in Lyle Second Addn. and Edina Countryside Addn. from That the printed_j%i"_iRiE-j*U1 _ Mirio" _] P � _a� ROA.D9th St." to COUNTRI'SLDI All objections and recommendations )f i_tiL----------------------------------------------------------------------_-- will be heard at said n,(.Ring. BY ._ hereto attached as a part hereof was cut from the columns of said newspaper; was published ORDF.,R OF TI3F F;DI\A VILLAGE COUNCI GRETCHEN, S. ALDFY therein in the English language once a week for ----- -------- successive weeks; that It was I village Clerk 29, 1959i—EC first so published on the ------ tZ,0.----- day of ------ .QEi'---------------- 19_joand thereafter on �' "y--__-____of each week to and including the ----- 29W— day of____ -_-MOW---------- 19_j9; and that the following Is a copy of the lower case alphabet which is acknowledged ,ts�o,,�yhttav�e been the size, ant kind of type used in t`heftpublica- tion of said-�R--Ci�.if� �aaId'W abcd Aiiklmnopgrstuvwxyz Publisher Subscribed and sworn to before me t s__ __ ---- day of__ _--________- 19--- -- - ------------ - - --------------------------------- Corinne E. Williams, NotaryPublic, Hennepin County, Minn. My Commission Expires June 19, 1964 8-I-59-2M ORDINANCE NO. 164-16 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE NO. 164 ENTITLED "AN ORDINANCE NAMING AND RENAMING CERTAIN ROADS, STREETS AND AVENUES OF THE VILLAGE OF EDINA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Ordinance No. 164 of the Village, as amended, is hereby further amended by adding after Section 30 the following: Section 31. That portion of "Tyler Avenue" lying South of Maloney Avenue is hereby renamed TYLER COURT. Section 2. This ordinance shall be in effect from and after its passage and publication. Adopted this 25th day of July, 1960. ATTEST: (Signed) GRETCHEN S. ALDEN Village Clerk (Signed) ARTHUR C. BREDESEN, JR. Mayor Published in Edina-Morningside Courier August 18 and 25, 1960. ORDINANCE NO. 164-17 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE NO. 164 ENTITLED "AN ORDINANCE NAMING AND RENAMING CERTAIN ROADS, STREETS AND AVENUES OF THE VILLAGE OF EDINA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Ordinance No. 164 of the Village, as amended, is hereby further amended by adding after Section 31 the following: Section 32. That street now known as "El Rancho Trail", lying in E1 Rancho Addition as the same is of record in the office of the Register of Deeds of Hennepin County, is hereby renamed PRESCOTT CIRCLE. Section 2. This ordinance shall be in effect from and after its passage and publication. Adopted this loth day of October, 1960. ATTEST: (Signed) GRETCHEN S. ALDEN Village Clerk (Signed) ARTHUR C. BREDESEN, JR. Mayor Published in Edina-Morningside Courier October 20 and 27, 1960. ORDINANCE NO. 164-18 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE NO. 164 ENTITLED "AN ORDINANCE NAMING AND RENAMING CERTAIN ROADS, STREETS AND AVENUES OF THE VILLAGE OF EDINA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Ordinance No. 164 of the Village, as amended, is hereby further amended by adding after Section 32 the following: Section 33. That street now known as "Link Avenue" lying in Brookview Heights First Addition, as the same is of record in the office of the Register of Deeds of Hennepin County, is hereby renamed HARVEY LANE. Section 2. This ordinance shall be in effect from and after its passage and publication. Adopted this 27th day of February, 1961. ATTEST: (Signed) GRETCHEN S. ALDEN Village Clerk (Signed) ARTHUR C. BREDESEN, JR. Mayor Published in Edina-Morningside Courier March 2 and 9, 1961. AFFIDAVIT OF PUBLICATION ..........................................................................'-'---.. Edina-Morningside Courier Edina, Minnesota State of Minnesota County of Hennepin � SS. JOHN E. TILTON, being duly sworn, on oath says: that he now is and during all the time herein - stated has been JOHN E. TILTON, the publisher ------ and printer______ of the newspaper known as The Edina-Morningside Courier, and has full knowledge of the facts herein stated. That for more than one year immediately prior to the publication therein of the printed Notlos o! Public_Hoaxing Re Petltton_of Serest i �.... ------------------------------------------------------------------------------------------- hereto attached, said newspaper was printed and published in the English language from its known office of publication within the County of Hennepin, State of Minnesota, on Thursday of each week in column and sheet form equivalent in space to 450 running inches of single column two inches wide; has been issued from a known office established in said place of publication equipped with skilled workmen and the necessary maternal for preparing and printing the same: THE EDINA-MORNINGSIDE COURIER has had in as makeup not less than twenty-five percent of its news columns devoted to local news of intereL cc said community it purports to serve, the press work of which has been done in its said known place of publication; has contained general news, comments and miscellany; has not duplicator, any other publication; has not been entire- ly made up of patents, plate matter and advertisements; has been circulated at and near its said place of publication to the extent of 240 copies regularly delivered to paying subscribers; has been entered as second class mail matter in local post office of its said place of publication; that there has been on file in the office of the County Auditor of said county the affidavit of a person hav- ing first hand knowledge of the facts constituting its qualification as a newspaper for publication of legal notices; and that its publishers have compiled with all demands of said County Auditor for proofs of its said qualification. A copy of each issue has been filed with the State Historical Society, St. Paul. That the ♦ printed___Q9�i7�_s_bi�t._�sA.3'.�j_At�1��]eQA_ _______ @ 1i 11'i et Swo Q�MW . -- 0-------------------------------- ____ "'-_"--"--"----- hereto attached as a part hereof was cut from the columns of said newspaper; was published therein in the English language o.,.ncce a week for ----- # ________successive weeks; that it was first so published on the_____ _______day of______--_ r�br�"9__________-, 190k and thereafter on -------------------------- of each week to and including the ______-_ day of__________________________, 19---- ; and that the following is a copy of the lower case (Official Publication) VILLAGE OF EDINA HENNEPIN COUNTY, MINNESOTA NOTICE OF PUBLIC HEARING ON PETITION STREET NAME CHANGE THE EDINA VILLAGE COUNCIL meet at the Village Hall, 4801 W. 50th St., on Monday, February 27, 1961, at 7:00 p.m., and will at said place and time consider the petition of MR. SAUL MALISOW and others for the u.iane of the name of "Link Avenue" to HARVEY LANE. All recommendations and objections will be heard at said meeting. BY ORDER OF THE EDINA VIL- LAGE COUNCIL., j GRETCHEN S. ALDEN Village Clerk (Feb. 23. 1961)—EC•2A•5C alphabet which is acknowledged to have been the size am kind of#type used in the pu�bllics-,, eI� tion of said at-19!_ a- _rush �• x R.__Plti%i%ia _aa --- $t 0 +mow Yh"09 *4 • abcdeigtiijkl rbf grstuvwx Publisher Subscribed and sworn to before me this---- _-- of ------ ��rF-------- 19---�+� -------- - - ---- ' 4 Notar ic, Hennepin Count. Thomas D. W , My Commission Expires w June 16, 1962 8-1-59-2M (Official Publication) VILLAGE OF EDINA HENNEPIN COUNTY, MINNESOTA HOTICE OF PUBLIC I4EARIIIG ON PETITION STREET NA14S.- CHANGE THE EDIVA VILIXE COUNCIL will meet at the Village Fall, 1�801 �,r. 50th St., on Monday, February 27, 1961, at 7:00 P.M., and will at saiet place and time consider the petition of 'IR. SAUL MALIS(h] and others for tha change of the name of "Lint-, Avenue" to IMRVFY L uE. All recomwndatyons and objections will be heard at said meting. By OLDER OF t_ r EDINA VILE ZE COURCI'L. GRETCHs17,31 S. ALDEN Village Clerk Please publish in Edina-Morningside Courier February 16 and 23, 1961. Please send us 2 Affidavits of Publication. Please send us 5 Clippings. ORDINANCE NO. 164-19 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE NO. 164 ENTITLED "AN ORDINANCE NAMING AND RENAMING CERTAIN ROADS, STREETS AND AVENUES OF THE VILLAGE OF EDINA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Ordinance No. 164 of the Village, as amended, is hereby further amended by adding after Section 33 the following: Section 34. That street now known as "Ashcroft Avenue" and lying between Lot 5, Block 1 and Lot 1, Block 4, Valley View Ridge Addition (between St. Johns Avenue and the West line of Miller's Addition), as the same is of record in the office of the Register of Deeds of Hennepin County, is hereby renamed "GARRISON LANE". Section 2. This ordinance shall be in effect from and after its passage and publication. Adopted this 22nd day of May, 1961. ATTEST: (Signed) GRETCHEN S. ALDEN Village Clerk (Signed) ARTHUR C. BREDESEN, JR. Mayor Published in Edina-Morningside Courier June 1 and 8, 1961. ORDINANCE NO. 164-20 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE NO. 164 ENTITLED "AN ORDINANCE NAMING AND RENAMING CERTAIN ROADS, STREETS AND AVENUES OF THE VILLAGE OF EDINA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Ordinance No. 164 of the Village, as amended, is hereby further amended by adding after Section 34 the following: Section 35. That part of "Sherwood Avenue" lying between School Road and W. 60th St., as the same is of record in the office of the Register of Deeds of Hennepin County, is hereby renamed "SCHOOL ROAD". Section 2. This ordinance shall be in effect from and after its passage and publication. Adopted this 14th day of August, 1961. ATTEST: (Signed) GRETCHEN S. ALDEN Village Clerk (Signed) ARTHUR C. BREDESEN, JR. Mayor Published in Edina-Morningside Courier August 31, 1961. AFFIDAVIT OF PUBLICATION .................................................................................. Edina.-Morningside Courier Edina, Minnesota State of Minnesota County of Hennepin SS. JOHN E. TILTON, being duly sworn, on oath says: that he now is and during all the time herein - stated has been JOHN E. TILTON, the publisher -------- and printer -------- of the newspaper known as The Edina-Morningside Courier, and has full knowledge of the facts herein stated. That for more than one year immediately prior to the publication therein of the printed -Yotico -of -P-lb1A4 -HOW- bg -ft - P rep" A& -SAG-t-RMW-Q*a.,L" ------------------------------------------------------------------------------------------ hereto attached, said newspaper was printed and published in the English language from its known office of publication within the County of Hennepin, State of Minnesota, on Thursday of each week in column and sheet form equivalent in space to 450 running inches of single column two inches wide; has been issued from a known office established in said place of publication equipped with skilled workmen and the necessary material for preparing and printing the same: THE EDINA-MORNINGSIDE COURIER has had in Is nakeup not less than twenty-five percent of its news columns devoted to local news of interest to said community it purports to serve, the press work of which has been done in its said known place of publication; has contained general news, comments and miscellany; has not duplicated any other publication; has not been entire- ly made up of patents, plate matter and advertisements; has been circulated at and near its said place of publication to the extent of 240 copies regularly delivered to paying subscribers; has been entered as second class mail matter in local post office of its said place of publication; that there has been on file in the office of the County Auditor of said county the affidavit of a person hav- ing first hand knowledge of the facts constituting its qualifications as a newspaper for publication of legal notices; and that its publishers have complied with all demands of said County Auditor for proofs of its said qualification. A copy of each issue has been filed with the State Historical Society, St. Paul. That the printed__ d-tioa_o! _Pnblln_traaa0----- --- gale - G�:a��• . � ------------------------------------------------ -------------------------- hereto attached as a part hereof was cut from the columns of said newspaper; was published therein in the English language once a week for --- -------- successive weeks; that it was first so published on the_____31A_____-__-_ day of ----- 19a__and thereafter on ---- tbUft� ____-_-_____of each week to and including the ----- 1QiL_ day of ----- Alf 't__ ------------- 19 01 and that the following is a copy of the lower case alphabet which is acknowledged to have been tahe. size and kind of type used in the publica- tion of said •! -------------------------- - --- ------ klmno abcdef hi g j pgrstuvwxyz -------------------- - W__------------------------- Publisher Subscribed and sworn to before me thiAD.illiams, ___day of_-_ -------- -�---------------------------- Thomy Pub111, Hennepin County, Minn. My Commission Expires June 10, 1082. 4-1.61.500 14 I, the Undersigned, Police Patrolman for the Village of Edina, Hennepin County, Minnesota, do hereby certify that I have, this date, posted copies of the attached and foregoing "Notice of Public Hearing on Proposed Street Name Change" on Official Village Bulletin Boards at - 1. Village Hall. 2. 50th St. and Indianola Ave. 3. W.62nd St. and Wooddale (If Bulletin Board is not up, post on Pole). DATED__kz SIGNED � _ / %( ) r Signed and Sworn to before me, a Notary Public in and f�rl Hjnnepin County, Minnesota, this dax?of 1961. retchen .s. -'Aden. My Commission Expires 1/12/61. ORDINANCE NO. 164-22 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE NO. 164 ENTITLED "AN ORDINANCE NAMING AND RENAMING CERTAIN ROADS, STREETS AND AVENUES OF THE VILLAGE OF EDINA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Ordinance No. 164 of the Village, as amended, is hereby further amended by adding after Section 36 the following: Section 37. That part of "Gaslight Lane" lying between Mavelle Drive and W. 72nd St., as the same is of record in the office of the Register of Deeds of Hennepin County, is hereby renamed "GLOUCHESTER AVENUE". Section 2. This ordinance shall be in effect from and after its passage and publication. Adopted this 25th day of September, 1961. ATTEST: (Signed) GRETCHEN S. ALDEN Village Clerk (Signed) W. N. DICKSON Mayor Pro Tem ORDINANCE NO, 164-22 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE NO. 164 ENTITLED "AN ORDINANCE NAMIY; AND RENAMING CERTAIN ROADS, STREETS AND AVENUES OF THE VILLAGE OF EDINA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Ordinance No. 164 of the Village, as amended, is hereby further amended by adding after section 36 the following: "Section 37. That part of "Gaslight Lane" lying between Mavelle Drive and W.72nd St., as the salt is of record in the office of the Register of Deeds of Hennepin County, is Aereby renamed "GLOUCHESTER AVENUE". Section 2. This Ordinance shall be in effect from and after its passage and publication. Adopted this 25th day of September, 1961. ATTEST: (Signed) W. N. DICKSON (Sianed) GRETCHEN S. ALDEN Mayor Pro Tem Village Clerk AFFIDAVIT OF PUBLICATION .................................................................................. Edina-Niorninoside Courier Edina, Minnesota State of Minnesota County of Hennepin SS. JOHN E. TILTON, being duly sworn, on oath says: that he now is and during all the time herein - stated has been JOHN E. TIL,TON, the publisher -------- and printer -------- of the newspaper known as The Edina-Morningside Courier, and has full knowledge of the facts herein stated. That for more than one year immediately prior to the publication therein of the printed Notice --- of Public Hearing_Re-Petition_ for _0hange_Qf _NAme_ Qf - --------------------------- ----- - - "Gaslight Lane" back to "Glouchester .venue"/... ------------------------------------------------------------------------------------------ --------------------------------------------------------------------------------------------- hereto attached, said newspaper was printed and published in the English language from its known office of publication within the County of Hennepin, State of Minnesota, on Thursday of each week in column and sheet form equivalent in space to 450 running inches of single column two inches wide; has been issued from a known office established in said place of publication equipped with skilled workmen and the necessary material for preparing and printing the same: THE: EDINA -MORNINGSIDE COURIER has had in 'ts makeup not less than twency-five percent of its news columns devoted to local news of interest to said community it purports to serve, the press work of which has been done in its said known place of publication; has contained general news, comments and miscellany; has not duplicated any other publication; has not been entire- ly made up of patents, plate matter and advertisements; has been circulated at and near its said place of publication to the extent of 240 copies regularly delivered to paying subscribers; has been entered as second class mail matter in local post office of its said place of publication; that there has been on file in the office of the County Auditor of said county the affidavit of a person hav- ing first hand knowledge of the facts constituting its qualifications as a newspaper for publication of legal notices; and that its publishers have complied with all demands of said County Auditor for proofs of its said qualification. A copy of each issue has been filed with the State Historical Society, St. Paul. Notice of Public Hearing Re fChange of Thatthe Printed---- ------------------------------ ------------P--------etition ----------- or --------- Name of tlGasl,'ht Lane" back to "Glouchester Avenue".... - - - --------------------- ----------------------- hereto attached as a part hereof was cut from the columns of said newspaper; was published therein in the English language once a week for _--_two ______successive weeks; that it was first so published on the ---------- 3-4-t,h--- day of___________________ 19__6.1-and Thurs,lay 21S t thereafter on --------------------------- ___ooLf each week to and including the ---------------------- day of ------ �eptember 19_v ; and that the following is a copy of the lower case alphabet which is acknowledged to have been the size and kind of type used in the publica- tion of said 'An_fo _Cbanoe_af&_et1ti Name.abcdefghijklmnopgrvwxyz -------------------- - -------------------------------- Publisher Subscribed and sworn to before me this 21s t ____day of-_ Seri t mb 9b1 COY Thomas D. Williams, N Public, Hennepin County Minn. My Commission Expires June 16, 1962. (Official Publication) VILLAGE OF EDINA HENNEPIN COUNTY, MINNESOTA NOTICE OF PUBLIC HEARING ON PETITION -,OR CHANGE OF NAME OF "GASLIGHT LANE" BACK TO "GLOUCHESTER AVENUE" NOTICE IS HEREBY GIVEN that the Edina Village Council will meet at the Village Hall on Monday, Sep- tember 25, 1961, at 7:00 . p.m., and will at said time and place consider the petition of Harold ' Adams and others for the changing of the name of "Gaslight Lane" back to "GLOU- CHESTEa AVENUE";: All recommendations and objec- rtions will be heard at, said meeting. BY. ORDER OF THE EDINA VILLAGE COUNCIL. GRETCHEN S. ALDEN 'Village Clerk (Sept. 14, 21, 1961)—EC-2A 4-1_Gl-5W ORDINANCE NO. 164-23 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE NO. 164 ENTITLED "AN ORDINANCE NAMING AND RENAMING CERTAIN ROADS, STREETS AND AVENUES OF THE VILLAGE OF EDINA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Ordinance No. 164 of the Village, as amended, is hereby further amended by adding after Section 37 the following: Section 38. "Shane Drive" located in Chapel Hills Addition, as the same is of record in the office of the Register of Deeds of Hennepin County, is hereby renamed "ERIN TERRACE". Section 39. That part of "W. 69th Street" located in Chapel Hills Addition, as the same is of record in the office of the Register of Deeds of Hennepin County, is hereby renamed "SHANE DRIVE". Section 2. This ordinance shall be in effect from and after its passage and publication. Adopted this 24th day of September, 1962. ATTEST: (Signed) GRETCHEN S. ALDEN Village Clerk (Signed) ARTHUR C. BREDESEN, JR. Mayor Published in Edina-Morningside Courier October 4, 1962. I. Ao- . ORDIAAJCE 140. 164--23 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE NO. 164 ENTITLED "AN ORDINANCE NAMIJG AND RENAMIi4G CERTAIN ROADS, STREETS AND AVENUES OF THE VILLAGE OF EDINA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAIUS: Section 1. Ordinance No. 164 of the Village, as amended, is hereby further amended by adding after Section 37 the following: "Section 38. "Shane Drive" located in Chapel Hill Addition, as the same is of record in the office of the Register of Deeds of Hennepin County, is hereby renamed "ERIN TERRACE". "Section 39. That part of 1111.69th Street" located in Chapel Hill Addition, as the same is of record in the office of the Register of Deeds of Hennepin County, is hereby renamed "SHANE DRIVE". Section 2, This Ordinance shall be in effect from and after its passage and publication. Adopted this 24th day of September, 1962. ATTEST: (Signed) ARTHUR C. BREDESEN, JR. (Signed) GRETCHEN S. ALDEN Mayor Village Clerk___ - - - - Published in Edina--Morningside Courier October 4, 1962. NOTE TO BLDG. INSPECTOR SMITH: Fran says this change of Street Names will also mean Change of House Numbers. Will you please have your office send proper notices of House :dumber Change. GSA AFFIDAVIT OF PUBLICATION ,............................................................................I----- Edina-Morningside Courier Edina, Minnesota State of Minnesota County of Hennepin SS. JOHN E. TILTON, being duly sworn, on oath says: that he now is and during all the time herein - stated has been JOHN E. TILTON, the publisher -------- and printer -------- of the newspaper known as The Edina-Morningside Courier, and has full knowledge of the facts herein stated. That for more than one year immediately prior to the publication therein of the printed Notice of Public Hearing Re Petition for Change of Street --------------------------------------------- ---------------------------------------------- Names --- --- -------------------- ------------------------------------------------------ - ------------------------------------------------------------------------------------------- hereto attached, said newspaper was printed and published in the English language from its known office of publication within the County of Hennepin, State of Minnesota, on Thursday of each week in column and sheet form equivalent in space to 450 running inches of single column two inches wide; has been issued from a known office established in said place of publication equipped with skilled workmen and the necessary material for preparing and printing the same: THE EDINA-MORNINGSIDE COURIER has had in ',s .nakeup noc less than twency-five percent, of its news columns devoted to local news of interest to said community it purports to serve, the press work of which has been done in its said known place of publication; has contained general news, comments and miscellany; has not duplicated any other publication; has not been entire- ly made up of patents, plate matter and advertisements; has been circulated at and near its said place of publication to the extent of 240 copies regularly delivered to paying subscribers; has been entered as second class mail matter in local post office of its said place of publication; that there has been on file in the office of the County Auditor of said county the affidavit of a person hav- ing first hand knowledge of the facts constituting its qualifications as a newspaper for publication of legal notices; and that its publishers have complied with all demands of said County Auditor for proofs of its said qualification. A copy of each issue has been filed with the State Historical Society, St. Paul. That the printed Notice of Public_-Hearing;__tR_e_Petition_fer_Change of Street Names...... -------- --- ----- -- --- ----ere --- -------- -- --- - -h-- -------- --- -aid- --------------------- ---' hereto attached asapart hereof was cut from the columns of snewspaper; was published therein in the English language once a week for ----- t.W0 ______successive weeks; that it was first so published on the ---------- l.ttkl___ day of ----- September_______________ 1962__and thereafter on__lburs_� ______________ooGf��each week to and including the ----- �t1--------- day of___-S-ept_emher _____________ 19_Uc; and that the following is a copy of the lower case alphabet which is acknowledged to have been the size and kind of type used in the publica- tion of said Notic_e__of_ Ri b.1ic__Hearing__Re-_Aet.ition- -fa r__Changa__a--- Street Names..... abcdefghijklmnopgrstuvwxyz ---------------------------- ---is✓ Publisher Subscribed and sworn to before me this ._-2Uth Se temb r _______ _day of_� ___ __ --------- ------------------- —- -- ------------------------ Thomas D. lliams, N Public, Hennepin County Minn. My Commission Expires June 16, ]bR 1-G1-lAt ORDINANCE NO. 164-24 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE NO. 164 ENTITLED "AN ORDINANCE NAMING AND RENAMING CERTAIN ROADS, STREETS AND AVENUES OF THE VILLAGE OF EDINA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Ordinance No. 164 of the Village, as amended, is hereby further amended by adding after Section 39 the following: Section 40. Hondo Avenue located in Hondo Addition, as the same is of record in the office of the Register of Deeds of Hennepin County, is hereby renamed "LANHAM LANE". Section 2. This ordinance shall be in effect from and after its passage and publication. Adopted this 12th day of August, 1963. ATTEST: (Signed) GRETCHEN S. ALDEN Village Clerk (Signed) ARTHUR C. BREDESEN, JR. Mayor Published in Edina-Morningside Courier August 22, 1963. ORDINANCE NOS 164-24 All ORDINANCE AWNDIUG VILLAGE OF EDINA ORDIIiANCE NO. 164 ENTITLED "Aid ORDINtuiCE NAM:rNG AND RENAMING CERTAIN ROADS, STREETS AND AVENUES OF THE VILLAGE OF EDINA THE VILLAGE COUNCIL OF THE VILLAGE OF EDII4A, MINNESOTA, ORDAINS: Section to Ordinance No. 164 of the Village, as amended, is hereby further amended by adding after Section 39 the following: "Section 40. Hondo Avenue located in Hondo Addition, as the same is of record in the office of the Register of Deeds of Hennepin County, is hereby renamed "LANHAM LANE". passage and Section 20 This Ordinance shall he in effect from and after its/publication. • Adopted this 12th day of August, 1963. ATTEST: (Signed) ATfHUR C. SREDESEN, JfR. (Signed) GRETCHEN So ALDEN Mayor Village Clerk Published in Edina-Morningside Courier August 22, 1963. 0 AFFIDAVIT OF PUBLICATION ..................................................................................... Edina-Morningside Courier Edina, Minnesota State of Minnesota SS. County of Hennepin JOHN E. TILTON, being duly sworn, on oath says: that he now is and during all the time herein - stated has been JOHN E. TILTON, the publisher..... and printer ....of the newspaper known as The Edina-Morningside Courier, and has full knowledge of the facts herein stated. That for more than one year immediately prior to the publication therein of the printed Notice, of..hx...................................... .................................................... .............. ..... . .................. I............ hereto attached, said newspaper was printed and published in the English language from its known office of publication within the County of Hennepin, State of Minnesota, on Thursday of each week in column and sheet form equivalent in space to 450 running inches of single column two inches wide; has been issued from a known office established in said place of publication' equipped with skilled workmen and the necessary material for preparing and printing the same: THE EDINA-MORNINGSIDE COURIER has had in its makeup not less than twenty-five percent ; of its news columns devoted to local news of interest to said community it purports to serve, the press work of which has been done in its said known place of publication; has contained general news, comments and miscellany; has not duplicated any other publication; has not been entire- ly made up of patents, plate matter and advertisements; has been circulated at and near its said place of publication to the extent of 240 copies regularly delivered to paying subscribers; has been entered as second class mail matter in local post office of its said place of publication; that there has been on file in the office of the County Auditor of said county the affidavit of a person hav- ing first hand knowledge of the facts constituting its qualifications as a newspaper for publication of legal notices; and that its publishers have complied with all demands of said County Auditor for proofs of its said qualification. A copy of each issue has been filed with the State Historical Society, St. Paul. That the printed .......Notice • of • tiAiL1'ing......................................... ....................................................................................................... hereto attached as a part hereof was cut from the columns of said newspaper; was published 1 therein in the English language once t a week for .............successive weeks; that it was first so published on the ....... 25ttJi .......... day of.... gull .............. 1963...... and thereafter on..................................of each week to and including the .................. day of 19...... ; and that the following is a copy of the lower case alphabet which is acknowledged to have been the size and kind of type used in the publica- tion of said ............ Aptip.e.. Of. . he.ax -img............................................... a bcdefghij klmnopgrstuvwxyz Publisher o Subscribed and sworn to before me this ..25,th.... day of ..... July . . .... 1 ... " e ... ... .... ... ..... .. .. Thomas Williams, No ulihc, Hennepin County, Minn. My Commission Expires June 16, 1969 ORDINANCE NO. 164-25 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE NO. 164, ENTITLED "AN ORDINANCE NAMING AND RENAMING CERTAIN ROADS, STREETS AND AVENUES IN THE VILLAGE OF EDINA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, DOES ORDAIN AS FOLLOWS: Section 1. Ordinance No. 164 of the Village, as amended, is hereby further amended by adding after Section 40 the following: "Section 41. That portion of W. 67th Street lying between Limerick Lane and Cahill Road, as the same is of record in the office of the Register of Deeds of Hennepin County, is hereby renamed "CAHILL LANE". Section 2. This Ordinance shall be in effect from and after its passage and publication. Adopted this 20th day of January, 1964. (Signed) ARTHUR C. BREDESEN, JR. Mayor ATTEST: (Signed) GRETCHEN S. ALDEN Village Clerk Published in Edina-Morningside Courier January 30, 1964. ORDINANCE NO. 164-25 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE NO. 164, ENTITLED "AN ORDINANCE NAMING AND RENAMING CERTAIN ROADS, STREETS AND AVENUES IN THE VILLAGE OF EDINA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, DOES ORDAIN AS FOLLOWS: Section 1. Ordinance No. 164 of the Village, as amended, is hereby further amended by adding after Section 40 the following: "Section 41. That portion of W. 67th Street lying between Limerick Lane and Cahill Road, as the same is of record in the office of the Register of Deeds of Hennepin County, is hereby renamed "CAHILL LANE". Section 2. This Ordinance shall be in effect from and after its passage and publication. Adopted this 20th day of January, 1964. (Signed) ARTHUR C. BREDESEN, JR. Mayor ATTEST: (Signed) GRETCHEN S. ALDEN Village Clerk Published in Edina-Morningside Courier January 30, 1964. AFFIDAVIT OF PUBLICATION ......................................................................................., Edina-Morningside Courier Edina, Minnesota State of Minnesota SS. County of Hennepin JOHN E. TILTON, being duly sworn, on oath says: that he now is and during; all the time herein - stated has been JOHN E. TILTON, the publisher.. .. and printer ....of the newspaper known as The Edina-Morningside Courier, and has full knowledge of the facts herein stated. That for more than one year immediately prior to the publication therein of the printed notice of..publio he»ripg ....................................................................................................... hereto attached, said newspaper was printed and published in the English language from its known office of publication within the County of Hennepin, State of Minnesota, on Thursday of each week in column and sheet form equivalent in space to 450 running inches of single column two inches wide; has been issued from a known office established in said place of publication equipped with skilled workmen and the necessary material for preparing and printing the same: THE EDINA-MORNINGSIDE COURIER has had in its makeup not less than twenty-five percent of its news columns devoted to local news of interest to said community it purports to serve, the press work of which has been done in its said known place of publication; has contained general news, comments and miscellany; has not duplicated any other publication; has not been entire- ly made up of patents, plate matter and advertisements; has been circulated at and near its said place of publication to the extent of 240 copies regularly delivered to paying subscribers; has been entered as second class mail matter in local post office of its said place of publication; that there has been on file in the office of the County Auditor of said county the affidavit of a person hav- ing first hand knowledge of the facts constituting its qualifications as a newspaper for publication of legal notices; and that its publishers have complied with all demands of said County Auditor for proofs of its said qualification. A copy of each issue has been filed with the State Historical Society, St. Paul. That the printed ...... not ico..of..publI.Ci..he??ring ....................................................................................................... hereto attached as a part hereof was cut from the columns of said newspaper; was published therein in the English language once a week for ...• ......... weeks; that it was first so published on the 17..................... day of... P@c!pi tkor . , , , , ... 19 63 ..... and thereafter on ... T.1wrP#.y.................of each week to and including the 26 .................. day of . PPC®mber............ 19 0..; and that the following is a copy of the lower case alphabet which is acknowledged to have been the size and kind of type used in the publica- tion of said ....notice.. of . ppblic, hearing abcde fghi jklmn opgrst uvwxyz ..................... Publisher 26 December 63 Subscribed and sworn to before me this ............ ....... day of ..................... 1 Thomas . Williams, N ublic, Hennepin County, Minn. My Commission Expires June 16, 1969 (Official Publication) VILLAGE OF EDINA HENNEPIN COUNTY, MINNESOTA NOTICE OF PUBLIC HEARING ON PETITION FOR STREET NAME CHANGE EDINA VILLAGE COUNCIL will meet at the Villagge Hall on Mon. day, January 6, 1964, at 7:00 p.m., and will at said time and place con. sider the petition of Mrs. Benjamin K. Gudden, 6617 Limerick Lane, for the renaming of that portion of W. 67th Street lying between Limerick Lane and Cahill Road to St." All recommendations and objec- tions will be heard at spid meeting BY ORDER OF THE EDINA VIL- LAGE COUNCIL. GRETCHEN S. ALDEN Village Clerk (Dec. 19, 26,, 1963)—EC-2A ORDINANCE NO. 164-26 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE NO. 164 ENTITLED "AN ORDINANCE NAMING AND RENAMING CERTAIN ROADS, STREETS AND AVENUES OF THE VILLAGE OF EDINA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: . Section 1. Ordinance No. 164 of the Village, as amended, is hereby further amended by adding after Section 41 the following: Section 42. That part of "Hillside Lane" lying within the property platted as "Edina Valley Estates", as the same is of record in the office of the Register of Deeds of Hennepin County, is hereby renamed "HILLSIDE COURT". Section 2. This ordinance shall be in effect from and after its passage and publication. Adopted this 18th day of May, 1964. ATTEST: (Signed) GRETCHEN S. ALDEN Village Clerk (Signed) ARTHUR C. BREDESEN, JR. Mayor Published in Edina-Morningside Courier June 4, 1964. ORDINANCE; NO. 164-26 AN ORUIiMACE: Ai4ENDIAG VILLAGE OF BUNA ORDINANCE NU. 164 ENTITLED "Aid ORDINANCE NAMING AND Ri;AA►iIdG CERTAIN ROADS, STRx LTS AND AVLAULS OF THE: VILLAGE OF EDINA THE VILLAGE: COUNCIL OF THE: VILLAGE: OF EIDLAA, i4INNESOTA, ORDAINS Section 1. Ordinance No. 164 cf the Village, as amended, is hereby further amended d by adding after Section 41 the following: "Section 42. That part of "riillsids Lane" lying within the property platted as "Edina Valley Estates", as thi: same is of record in the office of the Register of Deeds of Hennepin County, is hereby renamed "HILWIDE: CUUAT". Section 2. This Urdinance shill be in effect from and after its passage and publication. • Adopted this 18th day of Aay, 1964. ATTEST: ;Signed) AWIMUR C. BREDE:SEtd, JR. (Signed) GR}TCHE;N S. ALDE;N Mayor Village Clerk Published in Edina-Morningside Corer Thursday, June 4, 1964. AFFIDAVIT OF PUBLICATION ........................................................................................ Edina- M orningside Courier Edina, Minnesota State of Minnesota SS County of Hennepin JOHN E. TILTON, being duly sworn, on oath says: that he now is and during all the time herein - stated has been JOHN E. TILTON, the publisher.. and printer of the newspaper known as The Edina-Morningside Courier, and has full knowledge of the facts herein stated. That for more than one year immediately prior to the publication therein of the printed Notice. _ of public..hpn�,ng ........... ....... ............. ......... ..................... ...................... I ... I .............. . hereto attached, said newspaper was printed and published in the English language from its known office of publication within the County of Hennepin, State of Minnesota, on Thursday of each week in column and sheet form equivalent in space to 450 running inches of single column two inches wide; has been issued from a known office established in said place of publication equipped with skilled workmen and the necessary material for preparing and printing the same: THE EDINA-MORNINGSIDE COURIER has had in its makeup not less than twenty-five percent of its news columns devoted to local news of interest to said community it purports to serve, the press work of which has been done in its said known place of publication; has contained general news, comments and miscellany; has not duplicated any other publication; has not been entire- ly made up of patents, plate matter and advertisements; has been circulated at and near its said place of publication to the extent of 240 copies regularly delivered to paying subscribers; has been entered as second class mail matter in local post office of its said place of publication; that there has been on file in the office of the County Auditor of said county the affidavit of a person hav- ing first hand knowledge of the facts constituting its qualifications as a newspaper for publication of legal notices; and that its publishers have complied with all demands of said County Auditor for proofs of its said qualification. A copy of each issue has been filed with the State Historical Society, St. Paul. That the printed ........ Notice of public. herring hereto attache.d...a.s ....p.a.r.t.hereof .w.as..c.u.t..fr.o.m...t.h.e...c.o.l.u.mn.s..o.f...said .n.e.w..s.p.a.p.e.r.;..w..as........... published 2 therein in the English language once a week for..............successive weeks; that it was first so published on the ........ .................day of ......... Thy .........., 19.64 ....and thereafter on....r.` da.Y ............... of each week to and including the ...... j'IftY �+ day of .......................... . 19... .. ; and that the following is a copy of the lower case alphabet which is acknowledged to have been the size and kind of type used in the publica- tion of said ........ Notice. - of , public . henrIng....................................... abcdefghijklmnopgrstuvwxyz ................ ...................................... Publisher Subscribed and sworn to before me this ...... .. ....... day of ..... ...... 19 .... w ....... .. Thomas Williams, N ub , Hennepin County, Minn. My Commission Expires June 16, 1969 (Official Publication) .I ; VILLAGE OF EDINA.__ HENNEPIN COUNTY,:, MINNESOTA NOTICE OF PUBLIC HEARING PROPOSED STREET NAME CHANGE• ED A VILLAGE COUNCIL will meet at the Village Hall on Monday, May 18, 1964, at 7:00 P.M.;,and will at said time and place consider a proposed street namg ebange, as follows: Change in the name of that part of "Hillside Lane" in Edina Valley Estates First Additioq "to HILL. SIDE COURT. I All recommendatio and ob- jections will be hear s a i d meetingg� BY O6ER OF THE- EDINA VILLAGE COUNCIL. GRETCHEN $S.. g LDEN VIDerk (May 7, 14, 1964)—C.2A ORDINANCE NO. 164-27 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE NO. 164 ENTITLED "AN ORDINANCE NAMING AND RENAMING CERTAIN ROADS, STREETS AND AVENUES OF THE VILLAGE OF EDINA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Ordinance No. 164 of the Village, as amended, is hereby further amended by adding after Section 42 the following: Section 43. That part of "Interchange Boulevard" lying within the property platted as "Edina Interchange Center", as the same is of record in the office of the Register of Deeds of Hennepin County, is hereby renamed "EDINA INDUSTRIAL BOULEVARD". Section 2. This ordinance shall be in effect from and after its passage and publication. Adopted this 14th day of September, 1964. ATTEST: (Signed) GRETCHEN S. ALDEN Village Clerk (Signed) ARTHUR C. BREDESEN, JR. Mayor Published in Edina-Morningside Courier September 24, 1964. • ORD1I4ANCE 140. 164-27 AN ORDINARCE AMENDIN(.33 VILLAGE Or EDINA WDII#ANCE NO. 164 EWEITLED iItIl! ORDINPUXE NAMING AND RENAMING Cb :?!'Ais ROADS STIiEETS AND AVEAUES OF THE VILLAGE OF EDINA" THE VIL.1jA{GE COUACIL OF -ril: VILLAGE; OF EDLNA, MINNESOTA, ORDAINS: Section 1. Ordinance No, 164 of the Villa -age of Edina, as amended, is hereby fur ner amended. 1-y addina after Section 42 tha following; f9cectiai: .3a That part of "Interchange Boulevard" lying within the prOnerty pia:te:i as Efi;di7a InY Wrcharzge Gpnter", a. -the saa:e; is o� record in the office of the Register of Deeds of Hen nepin County, is hereby renamed "EDINA INDUSTRIAL BOULEVARD" , Section 2„ This Ordinance shall, be .zrr c.f.ic:et from and after its pas:aa ;c aafl publ.icatl_on, Adopted this .loth day of Sept:embav, 1964, ATTEST. • c7..�ed}.� AZx.°-HUi C._DZLFSEN p JR. Sig i �xEarE� S. ALD(:� _ . Mayor 1. 11ag: C. ®. �...�....�_ P215;.iShcd i 3. � E! 2 SCS �: i't"" . 3 ?.i1 Courier 24, 1964. 0 BLVD.le IT 'li: 9/1 . /ELF — SEE :E NO. 134-27 ATTACi=. GSA AFFIDAVIT OF PUBLICATION ....................................................................................... Edina-Nlorningside Courier Edina, Minnesota State of Minnesota SS County of Hennepin JOHN E. TILTON, being duly sworn, on oath says: that he now is and during all the time herein - stated has been JOHN E. TILTON, the publisher.. and printer of the newspaper known as The Edina-Morningside Courier, and has full knowledge of the facts herein stated. That for more than one year immediately prior to the publication therein of the printed .......... notice , of . ptablia hearing ......................... ............................................................ ....... ............... I.................... hereto attached, said newspaper was printed and published in the English language from its known office of publication within the County of Hennepin, State of Minnesota, on Thursday of each week in column and sheet form equivalent in space to 450 running inches of single column two inches wide; has been issued from a known office established in said place of publication equipped with skilled workmen and the necessary material for preparing and printing the same: THE EDINA-MORNINGSIDE COURIER has had in its makeup not less than twenty-five percent of its news columns devoted to local news of interest to said community it purports to serve, the press work of which has been done in its said known place of publication; has contained general news, comments and miscellany; has not duplicated any other publication; has not been entire- ly made up of patents, plate matter and advertisements; has been circulated at and near its said place of publication to the extent of 240 copies regularly delivered to paying subscribers; has been entered as second class mail matter in local post office of its said place of publication; that there has been on file in the office of the County Auditor of said county the affidavit of a person hav- ing first hand knowledge of the facts constituting its qualifications as a newspaper for publication of legal notices; and that its publishers have complied with all demands of said County Auditor for proofs of its said qualification. A copy of each issue has been filed with the State Historical Society, St. Paul. That the printed .......................notice of..publie..hesring.............. ......................................................................'a'id' ........................... hereto attached as a part hereof was cut from the columns of said newspaper; was published therein in the English language once a week for ....... 2 ..successive weeks; that it was first so published on the ........ 2�h........... day of ...... AuguBt 19 ... 64.. and thereafter on ............. Thursday...... of each week to and including the ....... Z ( "h day of ......... August ....... 19.. 64. ; and that the following is a copy of the lower case alphabet which is acknowledged to have been the size and kind of type used in the publica- tion of said ............................ notice of public hearing a b edef gh ij klm nopgrstuvwxyz .............................................. Publisher. Subscribed and sworn to before me this ......... 2. ....... day of ..... ,August UY ... 19 .... • Thomas Williams, N ub ,Hennepin County, Minn. My Commission Expires June 16. 1969 (Official Publication) VILLAGE OF EDINA HENNEPIN COUNTY, MINNESOTA NOTICE OF PUBLIC HEARING ON PROPOSED STREET NAME CHANGE EDINA VILLAGE COUNCIL will meet at the Village Hall on Monday, September 14, 1964, at 7:00 p.m., and at said time and place will consider the following proposed street name change: Change in the name of that part of "Interchange Blvd." lying within the plat of "Edina Inter- change Center" to ''EDINA IN- DUSTRIAL BLVD." All recommendations and ob- jections will be heard at this meeting, BY ORDER OF THE EDINA VILLAGE COUNCIL. GRETCHEN S. ALDEN Village Clerk (Aug. 20.27, 1964)—C-2A , 1 ORDINANCE NO. 164-28 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE NO. 164, ENTITLED "AN ORDINANCE NAMING AND RENAMING CERTAIN ROADS, STREETS AND AVENUES IN THE VILLAGE OF EDINA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, DOES ORDAIN AS FOLLOWS: Section 1. Ordinance No. 164 of the Village, as amended, is hereby further amended by adding after Section 43 the following: "Section 44. Cleveland Avenue, located in Cleveland's Subdivision of Emma Abbott Park, as the same is of record in the office of the Register of Deeds of Hennepin County, is hereby renamed, Parkside Lane." Section 2. This Ordinance shall be in effect from and after its passage and publication. Adopted this 26th day of October, 1964. (Signed) ARTHUR C. BREDESEN, JR. Mayor ATTEST: (Signed) GEO. A. LANGMACK Village Clerk Published in Edina-Morningside Courier November 26, 1964. AFFIDAVIT OF PUBLICATION ..................................................................................... Edina-Nlorningside Courier Edina, Minnesota State of Minnesota SS. County of Hennepin JOHN E. TILTON, being duly sworn, on oath says: that he now is and during all the time herein - stated has been JOHN E. TILTON, the publisher.. and printer of the newspaper known as The Edina-Morningside Courier, and has full knowledge of the facts herein stated. That for more than one year immediately prior to the publication therein of the printed notice of hearing ....................................................................................................... .............. ........... ........ ................. ... .... ..................... .................... .... I hereto attached, said newspaper was printed and published in the English language from its known office of publication within the County of Hennepin, State of Minnesota, on Thursday of each week in column and sheet form equivalent in space to 450 running inches of single column two inches wide; has been issued from a known office established in said place of publication equipped with skilled workmen and the necessary material for preparing and printing the same: THE EDINA-MORNINGSIDE COURIER has had in its makeup not less than twenty-five percent of its news columns devoted to local news of interest to said community it purports to serve, the press work of which has been done in its said known place of publication; has contained general news, comments and miscellany; has not duplicated any other publication; has not been entire- ly made up of patents, plate matter and advertisements; has been circulated at and near its said place of publication to the extent of 240 copies regularly delivered to paying subscribers; has been entered as second class mail matter in local post office of its said place of publication; that there has been on file in the office of the County Auditor of said county the affidavit of a person hav- ing first hand knowledge of the facts constituting its qualifications as a newspaper for publication of legal notices; and that its publishers have complied with all demands of said County Auditor for proofs of its said qualification. A copy of each issue has been filed with the State Historical Society, St. Paul. That the printed ........... notic.e..of..hearing...................................... ....................................................................................................... hereto attached as a part hereof was cut from the columns of said newspaper; was published 2 therein in the English language once a week for..............successive weeks; that it was first so published onthe...... _1414 ............day of........... OCt f....... 19.. 64....and thereafter on. ....... Thwo4ay.......... of each week to and including the ....... 8th..... day of .... QCt 0 .............. . 19.6.4.. ; and that the following is a copy of the lower case alphabet which is acknowledged to have been the size and kind of type used in the publica- tion of said .. ......................... 49t1CP . Of,. bearing ............................... abcdefghi jkimnopgrstuvwxyz ................................. ..................... Publisher Subscribed and sworn to before me this .... 8th O... 19 ... 64 day of .............. w ..... . Thomas W1111ams, N ub13c, Hennepin County, Minn. My Commission Expires June 16, 1969 (officialVILLAGE OFIEDINcationA HENNEPIN COUNTY, MINNESOTA NOTICE OF PUBLIC HEARING ON PETITION FOR STREET NAME CHANGE EDINA VILLAGE COUNCIL -will meet on Monday, October 19, 19¢4; l- at 7:00 at the Edina lage Hallp.m.,, and will at said time and place consider the petition of Mr. Douglas L. Wood, 4529 Cleveland Ave., and others, for the change of the street name of "Cleveland Avenue". lying between Minneapolis, St. Paul, Suburban Railway R.W (Motor Street) and Hollywood Road, to "PARKSIDE LANE''. All objections and recommenda• tions will be heard at said meet. ingBB.Y ORDER OF THE EDINA VILLAGE COUNCIL GRETCHEN S. ALDEN Village Clerk (Oct. 1.8, 1964)—C-2C ORDINANCE NO. 164-29 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE NO. 164 ENTITLED "AN ORDINANCE NAMING AND RENAMING CERTAIN ROADS, STREETS AND AVENUES OF THE VILLAGE OF EDINA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Ordinance No. 164 of the Village, as amended, is hereby further amended by adding after Section 44 the following: Section 45. West Gleason Road, located in Gleason 1st Addition, Gleason 2nd Addition and Walnut Ridge 1st Addition, as the same is of record in the office of the Register of Deeds of Hennepin County, is hereby renamed "ASPEN ROAD". Section 2. This ordinance shall be in effect from and after its passage and publication. First Reading: June 7, 1965 Second Reading: June 7, 1965 Adopted: June 7, 1965 ATTEST: (Signed) GEORGE A. LANGMACK Acting Village Clerk (Signed) ARTHUR C. BREDESEN. JR. Mayor Published in Edina-Morningside Courier on June 24 and July 1, 1965. ORDINANCE 140. 1641-2q Ali ORDINANCE AME111DING VILLAGE Of' EDINA ORDINANCE NO. 164 ENTITLED "AN ORDINiiLNCE NAMING AND RENAMING CERTAIN ROADS, STREETS AND AVENUES OF THE VILLAGE OF EDINA THE VILLAGE COUNCIL, OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1� Ordinance No., 164 of th3 Village, as amended, is hereby further amended by adding after Section 44, the following: "Section 45. West Gleason Road, located in Gleason 1st Addition, Gleason 2nd Addition and Walnut Ridge lst Addition, as they same is of record in the office of the Register of Draeds of Hennepin County, is hereby renamed Aspen Road." SectionT2. This Ordinance shall be in affect from and after its paszr ge and publication, First Reading; prune 7, 1965 Second !leading: June 7, 1965 Adopted: June 7, 1965 ATTEST: (2ned) ARTHUR C. BREDESEN� JRo (signed) GEORGE Ao LINGiACK Mayor Acting Village Clerk Published in the Edina-Momingside Courier on June 24 and July 1, 1965. AFFIDAVIT OF PUBLICATION Edina-Morningside Courier 12 Suburban Square Hopkins, Minnesota State of Minnesota County of Hennepin SS. JOHN E. TILTON, being duly sworn, on oath says: that he now is and during all the time here- in stated has been JGHN E. TILTON, the publisher and printer.. ..of the newspaper as The Edina-Morningside Courier, and has full knowledge of the facts herein stated. That for more than one year immediately prior to the publication therein of the printed notic of hearing ..................................................................................................... hereto attached, said newspaper was printed and published in the English language from its known office of publication within the County of Hennepin, State of Minnesota,, on Thursday of each week in column and sheet form equivalent in space to 450 running inches of single column two inches wide; has been issued from a known office established in said place of publication equipped with skilled workmen and the necessary material for preparing and printing the same: THE EDINA-MORNINGSIDE COURIER has had in its makeup not less than twenty-five percent of its news column devoted to local news of interest to said community it purports to serve, the press work of which has been done in its said known place of publication; has contained general news, comments and miscellany; has not duplicated any other publication; has not been entire- ly made up of patents, plate matter and advertisements; has been circulated at and near its said .place of publication to the extent of 240 copies regularly delivered to paying subscribers; has been entered as second class mail matter in local post office of its said place of pub- lication; that there has been on file in the office of the County Auditor of said county the affidavit of a person having first hand knowledge of the facts constituting its qualifications as a newspaper for publication of legal notices; and that its publishers have complied with all demands of said County Auditor for proofs of its said qualification. A copy of each issue has been filed with the State Historical Society, St. Paul. r.; That the printed................rlot.ine of hn,-rL.............'..............,....................................... hereto attached as a part hereof was cut from the columns of said newspaper; was published therein in the English language once a week for ........ .... successive weeks; that it was it first so published on the .....?�.............. day of..........:d.... .. ..... , 19Ji�...... and thereafter on L'.i S ay of each week to and including the ............ i day of ....... � .4 ......... 19 and that the following is a copy of the lower case alphabet which is acknowledged to have been the size and kind of type used xi the publica- tion of said ......... not., .ce . Af ..1.. , - -.................................................. ab c def ghi j klmn opgrstuvwxyz ........................................................... Publisher Subscribed and sworn to before me this ..... 27.th.... .. day of r fir....... , 19 :}:r ............ v.4 ..... Alice Nelson, Notary P ic, Hennepin County, Minn. My Commission Expires December 26, 1966 (Official Publication) VILLAGE OF EDINA 4801 WEST 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON PROPOSED STREET NAME CHANGE E D I N A VILLAGE COUNCIL will meet at the Edina Village Hall on Monday, June 7, 1965, at 7:00 p.m., to consider the propos. ed street name change f r o m'. WEST GLEASON ROAD to AS. PEN ROAD. All persons desiring to be heard on this matter are requested to present themselves. BY ORDER OF THE VILLAGE, COUNCIL,FLORENCE B. HALLBERGI Village Clerk (May 20.27, 1965)—C-2A.10C ORDINANCE NO. 164-30 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE NO. 164, ENTITLED "AN ORDINANCE NAMING AND RENAMING CERTAIN ROADS, STREETS AND AVENUES IN THE VILLAGE OF EDINA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, DOES ORDAIN AS FOLLOWS: Section 1. Ordinance No. 164 of the Village, as amended, is hereby further amended by adding after Section 45 the following: "Section 46. W. 56th Street between Dundee Road and Highway #169, as the same is of record in the office of the Register of Deeds of Hennepin County, is hereby renamed Dundee Road." Section 2. This Ordinance shall be in effect from and after its passage and publication. First Reading: August 2, 1965 Second Reading: August 16, 1965 Adopted: August 16, 1965 (Signed) ARTHUR C. BREDESEN, JR. Mayor ATTEST: (Signed) FLORENCE B. HALLBERG Village Clerk Published in Edina-Morningside Courier on August 19 and 26, 1965. AFFIDAVIT OF PUBLICATION Edina-Morningside Courier 12 Suburban Square Hopkins, Minnesota State of Minnesota County of Hennepin , SS. JOHN E. TILTON, being duly sworn, on oath says: that he now is and during all the time here- (Official Publication) ORDINANCE NO. 164-30 in stated has been JOHN E. TILTON, the publisher and printer.. .,of the newspaper AN ORDINANCE AMENDING VILLAGE OF EDINA as The Edina -Mornings ide Courier, and has.full knowledge of the facts herein stated. ORDINANCE No. 64 ENTITLEI "AN ORDINANCE NAMING ANI That for more than one year immediately prior to the publication therein of the printed RENAMING CERTAIN ROADS, STREETS AND AVENUES OF THE VILLAGE OF EDINA ordimnce THE VILLAG) COUNCIL OP I THE VILLAGE -OF EDINA, . ........................................................:............. MIN NESOTA, ORDAINS: Section 1. Ordinance No. 164 of the Village, as amended, is hereb,, further amended by adding after ................................................... .•..•.••••••••••••••••..•••••...................•• Section 45 the following: "Section 46. W. 56th Street be- tween Dundee Road and High- ................................................... NO.is t ofare record lin the officeaofethe English language from its published in the En hereto attached, said newspaper was printed and gCounty, d . Register of Deeds of Hennepin is hereby known office of publication within the County of Hennepin, State of Minnesota on Thursday of renamed Dundee Road." each week in column and sheet form equivalent in space to 450 running inches of single column Section 2. This Ordinance shall two inches wide; has been issued from a known office established in said place of publication be in effect from and after its equipped with skilled workmen and the necessary material for preparing and printing the same: passage and publication. THE EDINA-MORNINGSIDE COURIER has had in its makeup not less than twenty-five percent First Reading: August 2, 1965. of its news column devoted to local news of interest to said community it purports to serve, the Second Reading: August 16. 1965. press work of which has been done in its said known place of publication; has contained general Adopted: August 16, 1965. news, comments and miscellany; has not duplicated any other publication; has not been entire- (s) FLORENCE B. HALLBERG ly made up of patents, plate matter and advertisements; has been circulated at and near its Mayor said place of publication to the extent of 240 copies regularly delivered to paying subscribers; ATTEST: has been entered as second class mail matter in local post office of its said place of pub- (s) FLORENCE B. HALLBERG lication; that there has been on file in the office of the County Audi*,')r of said county the Village Clerk affidavit of a person having first hand knowledge of the facts constituting its qualifications as (Aug. 19, 26, 1965)—C•2A-10C a newspaper for publication of legal notices; and that its publishers have complied with all demands of said County Auditor for proofs of its said qualification. A copy of each issue has been filed with the State Historical Society, St. Paul. That the printed .................... ordinance ......... ....................................... hereto attached as a part hereof was cut from the columns of said newspaper; was published therein in the English language once a week for ...... 2...... successive weeks; that it was first so published on the .... 1gth...... ..... day of.........!iU9.s. .. ..... , 19 ... and thereafter on ..... Thu---.Sday........ of each week to and including the .26th.......... day of ..A1g............. . 19�5.... ; and that the following is a copy of the lower case alphabet which is acknowledged to have been the size and kind of type used In the publica- tion of said .................... ..... 9:rd .nanc 'v abcdefghijklmn opgrstuvwxyz Publisher Subsoribed and sworn to before me this ..26t.h .......... day of A'V.�............. 1 ..... Alice J. Nelson, Notary Publicf ennepin County, Minn. My Commission Expires December 26, 1966 ORDINANCE NO. 164-31 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE NO. 164, ENTITLED "AN ORDINANCE NAMING AND RENAMING CERTAIN ROADS, STREETS AND AVENUES IN THE VILLAGE OF EDINA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, DOES ORDAIN AS FOLLOWS: Section 1. Ordinance No. 164 of the Village, as amended, is hereby further amended by adding after Section 46 the following: "Section 47. Boundary Boulevard as the same is of record in the office of the Register of Deeds of Hennepin County, is hereby renamed Viking Drive." Section 2. This Ordinance shall be in effect from and after its passage and publication. First Reading: August 2, 1965 Second Reading: August 16, 1965 Adopted: August 16, 1965 (Signed) ARTHUR C. BREDESEN, JR. Mayor ATTEST: (Signed) FLORENCE B. HALLBERG Village Clerk Published in Edina-Morningside Courier on August 19 and 26, 1965. AFFIDAVIT OF PUBLICATION Edi a-Morningside Courier 12 Suburban Square' Hopkins, Minnesota I f, State of Minnesota County of Hennepin }SS. JOHN E. TILTON, being duly sworn, on oath says: that he now is and during all the time here- in stated has been JOHN E. TILTO141 he publisher and printer.. of the newspaper as The Edina-Morningside Courier, and bas,f4ll knowledge of the facts herein stated. That for more than one year iminediately prior to the publication therein of the printed nof,icq of hearing; ...................................................................................................... ...................................................................................................... .................. hereto attached, said newspaper was pr' ted and published in the English language from its known office of publication within the County of Hennepin, State of Minnesotauon Thursday of ui�t� each week in column and sheet form eqalent in space to 450 running inches of single column two inches wide; has been issued' from 8 known office established in said place of publication equipped with skilled workmen and the necessary material for preparing and printing the same: THE EDINA-MORNINGSIDE COURIER has had in its makeup not less than twenty-five percent of its news column devoted to local news iof interest to said community it purports to serve, the press work of which has been done in itssaid known place of publication; has contained general news, comments and miscellany; has not duplicated any other publication; has not been entire- ly made up of patents, plate matter an advertisements; has been circulated at and near its said place of publication to the extent #f 240 copies regularly delivered to paying subscribers; has been entered as second class mail'' matter in local post office of its said place of pub- lication; that there has been on file in the office of the County Auditor of said county the affidavit of a person having first hand Pnowledge of the facts constituting its qualifications as a newspaper for publication of legal notices; and that its publishers have complied with all demands of said County Auditor for pr6bb000fs of its said qualification. A copy of each issue has been filed with the State Historical Society, St. Paul. That the printed............ notic* , o!. hearing hereto attached as a part hereof was�ut from the columns of said newspaper; was published therein in the English language once a week for ............. successive weeks; that it was first so published on the .22rA ..... I......... day of...a„ l....... .. ..... . 19 .65.... and A► thereafter on...h�8. V.....1.....1 . of each week to and including the .........2..9.Vh... day of ..... Jul:g .... ,...., 19 . i .65.. ; and that the following is a copy of the lower case i alphabet which is acknowledged to have been the size and kind of type used in the publica- tion of said ................I�tiL�9i Q_ �2AB1'Srlit..... ...... ................................... Publisher Subscribed and sworn to before me this ........29t ..... day of .. J 19 ..65 i Alice Nelson, Notary P blic, Hennepin County, Minn. My Commission Expires December 26, 1966 4 (Official Publication) VILLAGE OF EDINA EDINA, MIN ESO:A NOTICE OF PUBLIC HEARING ON PROPOSED STREET NAME CHANGE EDINA VILLAGE will meet at the Edina COUNCIL Hall on Monday, Auidust 2, 1965, at 7:00 p.m., to cons der the pro- posed street name change from BOUNDARY BOULEVARD to VIKING DRIVE. All persons de. siring to be heard on this matter are requested to present them-' selves. BY ORDER OF THE VILLAGE COUNCIL. FLORENCE B. HALLBERGi Village Clerk (July 22-29, 1965)—C-2A-10C (OFFICIAL PUBLICATION) VILLACL OF EDIP't, 4801 W. 50T-1,11' ST'. EDIKA, MINNESOTA July 13, 1965 HOTICE OF PUBLIC HEARIN-0 ON PROPOSED ST:CHT NA2.7E C110GE SDIINA VILLP-GE COUNCOT-L will meet at the Edina Village Hall on Monday, AUSust 2, 1965, at 7:00 P.M., to consider the proposed street name change from B003DARY BWLENVAORD to VIK10C D-?.,:,:VZ. All persons desir- inLg to be heard on this mat-1--er are requ_-sted to present themselves. BY ORDER OF TEE, V111,A-GE 0,33UH01L. r*L Ne? I . HIlu F fflu.,: I I. I L112PS Vill,age Cleric Please publish in the Edina -Morning side Courier July 22 and 29, 1965. Please send us two (2) Affidavits of Publication. Please send us ten (10) clippings. ORDINANCE NO. 164-32 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE NO. 164 ENTITLED "AN ORDINANCE NAMING AND RENAMING CERTAIN ROADS, STREETS AND AVENUES OF THE VILLAGE OF EDINA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Ordinance No. 164 of the Village, as amended, is hereby further amended by adding after Section 47 the following: Section 48. Dakota Circle, as the same is of record in the office of the Register of Deeds of Hennepin County, is hereby renamed "SHAWNEE CIRCLE". Section 2. This ordinance shall be in effect from and after its passage and publication. First Reading: September 7, 1965 Second Reading: Waived Adopted: September 7, 1965 ATTEST: (Signed) FLORENCE B. HALLBERG Village Clerk (Signed) ARTHUR C. BREDESEN, JR. Mayor Published in Edina-Morningside Courier on September 16, 1965. AFFIDAVIT OF PUBLICATION Edina-Morningside Courier 12 Suburban Square Hopkins, Minnesota State of Minnesota County of Hennepin SS. JOHN E. TILTON, being duly sworn, on oath says: that he now is and during all the time here- in stated has been JOHN E. TILTON, the publisher and printer.. .,of the newspaper as The Edina-Morningside Courier, and has.full knowledge of the facts herein stated. That for more than one year immediately prior to the publication therein of the printed .......Q}'.di??ance............................................................................... ...................................................................................................... hereto attached, said newspaper was printed and published in the English language from its known office of publication within the County of Hennepin, State of Minnesota,,on Thursday of each week in column and sheet form equivalent in space to 450 running inches of single column two inches wide; has been issued from a known office established in said place of publication equipped with skilled workmen and the necessary material for preparing and printing the same: THE EDINA- MORNINGSIDE COURIER has had in its makeup not less than twenty-five percent of its news column devoted to local news of interest to said community it purports to serve, the press work of which has been done in its said known place of publication; has contained general news, comments and miscellany; has not duplicated any other publication; has not been entire- ly made up of patents, plate matter and advertisements; has been circulated at and near its said .place of publication to the extent of 240 copies regularly delivered to paying subscribers; has been entered as second class mail matter in local post office of its said place of pub- lication; that there has been on file in the office of the County Audit')r of said county the affidavit of a person having first hand knowledge of the facts constituting its qualifications as a newspaper for publication of legal notices; and that its publishers have complied with all demands of said County Auditor for proofs of its said qualification. A copy of each issue has been filed with the State Historical Society, St. Paul. Thatthe printed ...... Ordii.ianoe.............................................................. hereto attached as a part hereof was cut from the columns of said newspaper; was published therein in the English language once a week for .... 1....... successive weeks; that it was first so published on the ...... a ............. day of ... Sgpti�T1�a3' ..... , 19 .Li.... and thereafter on... ....................... of each week to and including the ................... day of 19 ... _ _ and that the following is a copy of the lower case alphabet which is acknowledged to have been the size and kind of type used mi the publica- tionof said...................................................................................... ab c defghi j klmn opgrstuvwxyz .. .,� ` Publisher Subscribed and sworn to before me this .....1`) day of �X3�itPM Ar Iy 05 /I 7 Alice J. Nelson, Notary Public, Hennepin County, Minn. f My Commission Expires December 26, 1986 (Official Publication) VILLAGE OF EDINA 4801 W. 50TH ST. EDINA, MINNESOTA ORDINANCE NO. 164.32 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDI- NANCE NO. 164 ENTPTLED "AN ORDINANCE NAMING AND RE- NAMING C E R T A I N ROADS, STREETS AND AVENUES OF THE VILLAGE OF EDINA" THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MIN- NESOTA, ORDAINS: Section 1. Ordinance No. 164 of! the Village, as amended, is hereby' further amended by adding after) Section 47 the following: "Section 48. Dakota Circle as the same is of record in the office of the Register of Deeds of Henne- pin County is hereby renamed Shawnee Circle." Section 2. This Ordinance shall be in effect from and after its passage and publication. First Reading: September 7, 1965 Second Reading: Waived Adopted: September 7, 1965 (s) ARTHUR C. BREDESEN, JR. Mayor ATTEST: (') FLORENCE B. HALLBERG Village Clerk (Sept. 16, 1965)—C-10C-2A ORDINANCE NO. 164-33 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE NO. 164, ENTITLED "AN ORDINANCE NAMING AND RENAMING CERTAIN ROADS, STREETS AND AVENUES IN THE VILLAGE OF EDINA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, DOES ORDAIN AS FOLLOWS: Section 1. Ordinance No. 164 of the Village, as amended, is hereby further amended by adding after Section 48 the following: "Section 49. West Road as the same of record in the office of the Register of Deeds of Hennepin County, is hereby renamed Skyline Drive." "Section 50. East Road as the same of record in the office of the Register of Deeds of Hennepin County, is hereby renamed Skyline Drive." "Section 51. Limerick Circle West as the same of record in the office of the Register of Deeds of Hennepin County, is hereby renamed Limerick Drive." "Section 52. Limerick Circle East as the same of record in the office of the Register of Deeds of Hennepin County, is hereby renamed W. 64th Street." "Section 53. Limerick Drive (East-West Portion) as the same of record in the office of the Register of Deeds of Hennepin County, is hereby renamed W. 64th Street." "Section 54. Limerick Drive (Western North -South Portion) as the same of record in the office of the Register of Deeds of Hennepin County, is hereby renamed Limerick Lane." Section 2. This Ordinance shall be in effect from and after its passage and publication. First Reading: December 6, 1965 Second Reading: Waived Adopted: December 6, 1965 (Signed) ARTHUR C. BREDESEN, JR. Mayor ATTEST: (Signed) FLORENCE B. HALLBERG Village Clerk Published in Edina-Morningside Courier December 16, 1965. AFFIDAVIT OF PUBLICATION Edina-Morningside Courier 12 Suburban Square Hopkins, Minnesota State of Minnesota County of Hennepin SS. JOHN E. TILTON, being duly sworn, on oath says: that he now is and during all the time here- in stated has been JOHN E. TILTON, the publisher and printer.. .,of the newspaper as The Edina-Morningside Courier, and has.full knowledge of the facts herein stated. That for more than one year immediately prior to the publication therein of the printed .................. ?once 1I+1....16 -��.................................................. - .F EDINA , !-t . VILLAGE OF EDINA 4801 W. 50TH ST. EDINA, MINNESOTA ORDINANC1fi NO. 164-33 .............................................. AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE NO. 164 ENTITLED "AN ORDINANCE NAMING ...................................................................................................... AND RENAMING CERTAIN ROADS'STREETS AND hereto attached, said newspaper was printed and published in the English language from its AVENUES OF THE VILLAGE known office of publication within the County of Hennepin, State of Minnesota, on Thursday of OF EDINA each week in column and sheet form equivalent in space to 450 running inches of single column THE VILLAGE COUNCIL OF two inches wide; has been issued from a known office established in said place of publication THE VILLAGE OF EDINA, MIN. equipped with skilled workmen and the necessary material for preparing and printing the same: NESOTA, ORDAINS: THE F.DINA-MORNINGSIDE COURIER has had in its makeup not less than twenty-five percent Section 1. Ordinance No. 164 of of its news column devoted to local news of interest to said community it purports to serve, the the Village, as amended, is hereby press work of which has been done in its said known place of publication; has contained general further amended by adding after news, comments and miscellany; has not duplicated any other publication; has not been entire- Section 48 the following: ly made up of patents, plate matter and advertisements; has been circulated at and near its "Section 49. West Road as the said .place of publication to the extent of 240 copies regularly delivered to paying subscribers; same of record in the office of has been entered as second class mail matter in local post office of its said place of pub- the Register of Deeds of Henne. lication; that there has been on file in the office of the County Audi+nr of said county the pin County, is hereby renamed affidavit of a person having first hand knowledge of the facts constituting its qualifications as Skyline Drive." a newspaper for publication of legal notdces; and that its publishers have complied with all Section 50. East Road as the demands of said County Auditor for proofs of its said qualification. A copy of each issue has same of record in the office of been filed with the State Historical Society, St. Paul. the Register of Deeds of Henne- pin County, is hereby renamed Skyline Drive." That the printed...... Qr d i n a n.C.e.. .................. I ............... • Section 51. Limerick Circle West as the same of record in the office of the Register of Deeds of Hennepin County is hereby re- named Limerick Drive." hereto attached as a part hereof was cut from the columns of said newspaper; was published "Section 52. Limerick Cir. cle East as the same of record in the office of the Register of therein in the English language once a week for .....:°...... successive weeks; that it was Deeds of Hennepin County is here• by renamed W. 64th Street." 'Section 53. Limerick Drive first so published on the ....:.................. day of...............�('. •..... 19 ..f2 .. and (East-West Portion) as the same of record in the office of the Register of Deeds of Hennepin thereafter on .. ....................... of each week to and including the ..... 1 �)1 County is hereby renamed W. 64th ..... Street." 54. day of .... r 19 and that the following is a copy of the lower case (Western nNorthSouth1Portin) as the same of record in the office I of the Register of Deeds of Henne- i alphabet which is acknowledged to have been the size and kind of type used in the publica- pin County is hereby renamed' Limerick Lane." Section 2. This rdinance shall be in effect from and tion of said ...... QT C7 1its .. .. C E.....' ....,- G.- y'............................................. First Read Reading: publication. Ocember after r 965 abcdefghij nopgrstuvwxyz / Second Reading: Waived Adopted: December 6, 1965 / ARTHUR C. BREDESEN, JR. ...... .. ...... ,/G"1n—� Mayor Publisher ATTEST: FLORENCE B. HALLBERG Village Clerk T� (Dec. 16, 1965)—C-2A-IOC Subscribed and sworn to before me this ..... 16 day . 0. r......... , lY .6.5. Alice J. Nelson, Nota Public, Hennepin County, Minn. My Commission Expires December 26, 1966 ORDINANCE NO. 164-34 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE NO. 164, ENTITLED "AN ORDINANCE NAMING AND RENAMING CERTAIN ROADS, STREETS AND AVENUES IN THE VILLAGE OF EDINA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, DOES ORDAIN AS FOLLOWS: Section 1. Ordinance No. 164 of the Village, as amended, is hereby further amended by adding after Section 54 the following: "Section 55. 'Sunrise Road East' as the same of record in the office of the Register of Deeds of Hennepin County is hereby renamed 'Nordic Drive'. Section 56. 'Sunrise Road West' as the same of record in the office of the Register of Deeds of Hennepin County is hereby renamed 'Scandia Road'. Section 57. 'Sunrise Court' as the same of record in the office of the Register of Deeds of Hennepin County is hereby renamed 'Scandia Road'. Section 58. 'Sunset Way' as the same of record in the office of the Register of Deeds of Hennepin County is hereby renamed 'Balder Lane'. Section 59. 'Downing Street' as the same of record in the office of the Register of Deeds of Hennepin County is hereby renamed 'Eden Cicle'." Section 2. This Ordinance shall be in effect from and after its passage and publication. First Reading: December 20, 1965 Second Reading: Waived Adopted: December 20, 1965 (Signed) ARTHUR C. BREDESEN, JR. Mayor ATTEST: (Signed) FLORENCE B. HALLBERG Village Clerk Published in Edina-Morningside Courier December 23, 1965. AFFIDAVIT OF PUBLICATION Edina-Morningside Courier 12 Suburban Square Hopkins, Minnesota State of Minnesota County of Hennepin SS. JOHN E. TILTON, being duly sworn, on oath says: that he now is and during all the time here- in stated has been JOHN E. TILTON, the publisher and printer.. .,of the newspaper as The Edina-Morningside Courier, and has.full knowledge of the facts herein stated. That for more than one year immediately prior to the publication therein of the printed ,.;. ........... 1 rr;. ....:.a. .......................................... ................................................... ...................................................................................................... hereto attached, said newspaper was printed and published in the English language from its known office of publication within the County of Hennepin, State of Minnesota, on Thursday of each week in column and sheet form equivalent in space to 450 running inches of single column I wo inches wide; has been issued from a known office established in said place of publication equipped with skilled workmen and the necessary material for preparing and printing the same THE EDINA-MORNINGSIDE COURIER has had in its makeup not less than twenty-five percent of its news column devoted to local news of interest to said community it purports to serve, the press work of which has been done in its said known place of publication; has contained general news, comments and miscellany; has not duplicated any other publication; has not been entire. ly made up of patents, plate matter and advertisements; has been circulated at and near its said .place of publication to the extent of 240 copies regularly delivered to paying subscribers; has been entered as second class mail matter in local post office of its said place of pub. lication; that there has been on file in the office of the County Auditor of said county the affidavit of a person having first hand knowledge of the facts constituting its qualifications as a newspaper for publication of legal notices; and that its publishers have complied with all demands of said County Auditor for proofs of its said qualification. A copy of each issue has been filed with the State Historical Society, St. Paul. That the printed...... hereto attached as a part hereof was cut from the columns of said newspaper; was published therein in the English language once a week for ........... successive weeks; that it was first so published on the .......�,., ...... .... day of......'; ;- 19r.'-:..... and y... .. thereafter on .......................... of each week to and including the ..... ,;.......... day of ........... : ,-, 19 .__,,. _ ; and that the following is a copy of the lower case alphabet which is acknowledged to have been the size and kind of type used in the publica- tion of said ............. r. r. ?.a.t?.... �. ; . A ....................................... . abcdefghijkl opgrstuvwxyz Publisher Subsoribed and sworn to before me this ......23.......... day of , 19 :. L�.......... . ... ............:... Alice J. Nelson, N ary Public, Hennepin County, Minn. My Commission Expires December 26, 1966 (Official Publication) 1 VILLAGE OF EDINA 4801 W. 50TH ST. EDINA, MINNESOTA ORDINANCE NO. 164-34 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE NO. 164 ENTITLED "AN ORDINANCE NAMING AND RENAMING CERTAIN ROADS, STREETS AND AVENUES OF THE VILLAGE OF EDINA" THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MIN- NESOTA, ORDAINS: Section 1. Ordinance No. 164 of the Village, as amended is hereby further amended by adding after Section 54 the following: "Section 55. 'Sunrise Road East' as the same of record in the of- fice of the Register of Deeds of Hennepin County is hereby re- named'Nordic Drive'. "Section 56. 'Sunrise Road West' as the same of record in the of- fice of the Register of Deeds of Hennepin County is hereby 're. named'Sandia Road'. "Section 57. 'Sunrise Court' ,as the same of record in the office of the Register of Deeds of Hen- nepin County is hereby renamed 'Scandia Road'. "Section 58. 'Sunset Way' as the same of record in the office of the Register of Deeds of Hennepin County is hereby renamed 'Balder Lane'. "Section 59. 'Downing Street' as the same of record in the, office of the Register of Deeds - ®'' n- nepin County is hereby red: 'Eden Circle'." '' Section 2,-This Ordinan a !$i' be in effect from and its passage and publication Y' First Reading: Pea 20 19 Second Reading: Waived Adopted: Dec. 20, 1965 (s) ARTHUR C. BREDESEN JR. Mayor ATTEST: (s) FLORENCE B. HALLBERG Village Clerk (Dec. 23, 1965)—C ORDINANCE NO. 164-35 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE NO. 164 ENTITLED "AN ORDINANCE NAMING AND RENAMING CERTAIN ROADS, STREETS AND AVENUES OF THE VILLAGE OF EDINA" THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Ordinance No. 164 of the Village, as amended is hereby further amended by adding after Section 59 the following: "Section 60. 'Imperial Drive' as the same of record in the office of the Register of Deeds of Hennepin County is hereby renamed 'Malibu Drive'. Section 2. This Ordinance shall be in effect from and after its passage and publication. First Reading: January 17, 1966 Second Reading: Waived Adopted: January 17, 1966 ATTEST: (signed) FLORENCE B. HALLBERG Village Clerk (signed) ARTHUR C. BREDESEN, JR. Mayor Published in the Edina-Morningside Courier January 20, 1966. AFFIIDAVIT OF PUBLICATION Edlina-Morningside Courier 12 Suburban Square Hopkins, Minnesota State of Minnesota County of Hennepin SS. JOHN E. TILTON, being duly sworn, on oath says: that he now is and during all the time here- in stated has been JOHN E. TILTON, the publisher and printer.. .,of the newspaper as The Edina-Morningside Courier, and has.full knowledge of the facts herein stated. That for more than one year immediately prior to the publication therein of the printed :a a..:af..�?:abl: c ..is�ar�. �.............: ......:�• •F:c3. rrb6 - ..........Fttd .':i3••":a•937 g�.................................................................... ...................................................................................................... hereto attached, said newspaper was printed and published in the English language from its known office of publication within the County of Hennepin, State of Minnesota,.on Thursday of each week in column and sheet form equivalent in space to 450 running inches of single column two inches wide; has been issued from a known office established in said place of publication equipped with skilled workmen and the necessary material for preparing and printing the same: THE EDINA-MORNINGSIDE COURIER has had in its makeup not less than twenty-five percent of its news column devoted to local news of interest to said community it purports to serve, the press work of which has been done in its said known place of publication; has contained general news, comments and miscellany; has not duplicated any other publication; has not been entire- ly made up of patents, plate matter and advertisements; has been circulated at and near its said .place of publication to the extent of 240 copies regularly delivered to paying subscribers; has been entered as second class mail matter in local post office of its said place of pub- lication; that there has been on file in the office of the County Auditor of said county the affidavit of a person having first hand knowledge of the facts constituting its qualifications as a newspaper for publication of legal notices; and that its publishers have complied with all demands of said County Auditor for proofs of its said qualification. A copy of each issue has been filed with the State Historical Society, St. Paul. ,. U ? ,l t:: f 3.. l�.y ...�'.Li. ki...i..: "'..': i 1 n iS......... . That the printed. f', l.:' _ hereto attached as a part hereof was cut from the columns of said newspaper; was published therein in the English language once a week for .... ?- ....... successive weeks; that it was C , ..� ..1!..( first so published on the ... ....'............. day of..........Ci�=4 .. ..... , 19 r ... and thereafter on ........................... of each week to and including the ....... T,�3j'Z...... day of ..... (�!-.i..... ..... , 19 ..... ; and that the following is a copy of the lower case alphabet which is acknowledged to have been the size and kind of type used :n the publica- tion of said .....:......................'.:... c C +..i' n,, ............. ............ abcdefghilkh, nopgrstuvwxyz ....... ,.... .. . ,,. �„�............. Publisher Subscribed and sworn to before me this ...... .�1:3.e• . • • • • day oQf .. :? L . tt.......... 19 t , .. . r 4-: 4.1"i. Alice J. Nelson, Notary Public, Hennepin County, Minn. My Commission Expires December 26, IW (Official Publication) VILLAGE OF EDINA 4801 W. 50TH ST. EDINA, MINNESOTA January 4, 1966 NOTICE OF PUBLIC HEARING, ON PROPOSED STREET NAME CHANGES EDINA V I L L A G E COUNCIL will meet at the Edina Village Hall on Monday, January 17, 1966. at 7:00 p.m., to consider the fol- lowing proposed street n am e change: Imperial Drive" to "Malibu Drive" All persons desiring to be heard on this matter are requested to present themselves. BY ORDER OF THE VILLAGE COUNCIL. FLORENCE B. HALLBERG Village Clerk r-oA ,n!• ORDINANCE NO. 164-36 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE NO. 164, ENTITLED "AN ORDINANCE NAMING AND RENAMING CERTAIN ROADS, STREETS AND AVENUES IN THE VILLAGE OF EDINA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, DOES ORDAIN AS FOLLOWS: Section 1. Ordinance No. 164 of the Village, as amended, is hereby further amended by adding after Section 60 the following: "Section 61. 'Malibu Drive' as the same of record in the office of the Register of Deeds of Hennepin County is hereby renamed 'Deville Drive'." Section 2. This Ordinance shall be in effect from and after its passage and publication. First Reading: August 1, 1966 Second Reading: Waived Adopted: August 1, 1966 (Signed) ARTHUR C. BREDESEN, JR. Mayor ATTEST: (Signed) FLORENCE B. HALLBERG Village Clerk Published in Edina-Morningside Courier August 4, 1966. AFFIDAVIT OF PUBLICATION Edina.-Morningside Courier 12 Suburban Square State of Minnesota (SS. County of Hennepin f Hopkins, Minnesota JOHN E. TILTON, being duly sworn, on oath says he is and during all the times herein stated has been the publisher and printer of the newspaper known as The Edina-Morningside Courier and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. (5) Said newspaper purports to serve the Villages of Edina and Morningside in the County of Hennepin and it has its known office of issue in the City of Hopkins in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the publisher of said newspaper and subject to his direction and control during all such regular business hours and at which said newspaper is printed. (6) Said news- paper files a copy of each issue immediately with the State Historical Society. (7) Said news. paper has complied with all the foregoing conditions for at least two years preceding the day- or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed. by the Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. Notice of hearing He further states on oath that the printed ........... ....................... . ..... hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for .1.... successive weeks: that it was first so published on i huz s • the 4# ..... day of . July 1g 60 and was thereafter printed and published on every to and including .... the ......... day of 19 . . and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: a b c d e f g h 4kl m n o p q rs t u v w x y z Subscribed and sworn to before me this ?lStday of ......... J14 .................. (Notarial Seal) ,/.. ... ................. Alice J. Nelson, Notary Public, Hennepin County, Minn. (Official Publication) VILLAGE OF EDINA 4801 W. 50th St. EDINA, MINNESOTA NOTICE OFPUBLIC u16 HEARING ON PROPOSED STREET NAME CHANGES EDINA VILLAGE COUNCIL will meet at the Edina. Pillage Hall on Monday, , August 1, 1966, at 7:00 p.m., to consider the' following proposed street name change: "Malibu Drive" to. De Ville Drive ' All personS desiring to be heard on this matt6r',>are requested o present BY ORDER eOFgTHE VILLAGE COUNCIL. FLORENCE B. HALLBERG Village Clerk (July 21, 1966)—C My Commission Expires December 26, 1966 Affidavit of Publication EDINA-MORNINGSIDE COURIER Edina, Minnesota In The Matter Of ORDINANCE NO. 164-37 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE NO. 164, ENTITLED "AN ORDINANCE NAMING AND RENAMING CERTAIN ROADS, STREETS AND AVENUES IN THE VILLAGE OF EDINA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, DOES ORDAIN AS FOLLOWS: Section 1. Ordinance No. 164 of the Village, as amended, is hereby further amended by adding after Section 61 the following: "Section 62. 'Crosstown -County 18 Frontage Road' as the same of record in the office of the Register of Deeds of Hennepin County is hereby renamed 'McCauley Trail'." Section 2. This Ordinance shall be in effect from and after its passage and publication. First Reading: June 5, 1967 Second Reading: Waived Adopted: June 5, 1967 (Signed) ARTHUR C. BREDESEN, JR. Mayor ATTEST: (Signed) FLORENCE B. HALLBERG Village Clerk Published in Edina-Morningside Courier June 8, 1967. ORDINANCE NO. 164-38 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE NO. 164 ENTITLED "AN ORDINANCE NAMING AND RENA11ING CERTAIN ROADS, STREETS AND AVENUES OF THE VILLAGE OF EDINA" THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Ordinance No. 164 of the Village, as amended, is hereby further amended by adding after Section 62 the following: "Section 63. 'Limerick Drive' from West 64th Street to West 65th Street as the same of record in the office of the Register of Deeds of Hennepin County is hereby named 'Limerick Lane'. "Section 64. 'Ridgeview Lane' as the same of record in the office of the Register of Deeds of Hennepin County is hereby renamed 'Ridgeview Circle.' Section 2. This Ordinance shall be in effect from and after its passage and publication. First Reading: October 2, 1967 Second Reading: Waived Published in the Edina Courier: October 5, 1967 (signed) ARTHUR C. BREDESEN, JR. Mayor ATTEST: (signed) FLORENCE B. HALLBERG Village Clerk AFFIDAVIT OF PUBLICATION Edina-Morningside Courier 12 Suburban Square State of Minnesota County of Hennepin SS. Hopkins, Minnesota W. JOHN BERTRAM, being duly sworn, on oath says he is and during all the times herein stated has been the general manager and printer of the newspaper known as The Edina-Morningside Courier and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. (5) Said newspaper purports to serve the Village of Edina in the County of Hennepin and it has its known office of issue in the City of Hopkins in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main- tained by the managing officer or persons in its employ and subject to his direction and con- trol during all such regular business hours and devoted exclusively during such regular business hours to the business of the newspaper and business related thereto. (6) Said news- (Official Publication) paper files a copy of each issue immediately with the State Historical Society. (7) Said news- VILLAGE OF EDINA 4801 W. 50TH STREET paper has complied with all the foregoing conditions for at least two years preceding the day EDINA, MINNESOTA 55424 or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of NOTICE OF PUBLIC HEARING State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the ON PROPOSED STREET form prescribed by the Secretary of State and signed by the publisher of said newspaper and NAME CHANGES EDINA VILLAGE COUNCIL will sworn to before a notary public stating that the newspaper is a legal newspaper. meet at the Edina Village Hall on Monday, October 2, 1967, at 7:00 p.m, to consider the following y He further states on oath that the printed .... NO ViC®. Cf . Y196Y'j 11g . . .. . . . . . .... proposed namechanges: .imericke Drive from W. 64th hereto attached as a part hereof was cut from the columns of said newspaper, and was printed Street to W. 65th Street to ( "Limerick Lane" Ridgeview Lane to "Ridgeview and published therein in the English language, once each week, for _1 .... successive weeks; Circle" All persons desiring to be heard on the above street name changes are requested to present them. L Ttlilre • 2�.8tr salt 67 selves. BY ORDER OF THE VILLAGE that it was first so published on _ . the day of � . ... 19 COUNCIL. FLORENCE B. HALLBERG Village Clerk (Sept. 21, 1967)—C-2A-IOC and was thereafter printed and published on every to and including the ... _ _ . day of 1 1 19 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: ab c de f ghi j klmn opq r stuvwxyz Subscribed and sworn to before me this 210t. day of ..5OPtl................. 1967... (Notarial Seal) Alice J. Ne on, otary ub1iQ ennepin County, Minn. My Commission Expires December 26, 1973 Affidavit of Publication EDINA-MORNINGSIDE COURIER Edina, Minnesota In The Matter Of ORDINANCE NO. 164-39 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE NO. 164 ENTITLED "AN ORDINANCE NAMING AND RENAMING CERTAIN ROADS, STREETS AND AVENUES OF THE VILLAGE OF EDINA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Ordinance No. 164 of the Village, as amended, is hereby further amended by adding after Section 64 the following: 1968. Section 65. 'Highway No. 169' between Interlachen Blvd. and County Road 18 as the same is of record in the office of the Register of Deeds of Hennepin County, is hereby named 'Vernon Avenue'. Section 66. 'West 50th Street' between Normandale Road and Interlachen Blvd. as the same is of record in the office of the Register of Deeds of Hennepin County is hereby named 'Vernon Avenue'. Section 2. This ordinance shall be in effect from and after January 1, First Reading: November 20, 1967 Second Reading: Waived Published in the Edina Courier November 23, 1967. ATTEST: (Signed) FLORENCE B. HALLBERG Village Clerk (Signed) ARTHUR C. BREDESEN, JR. Mayor AFFIDAVIT OF PUBLICATION Edina-Morningside Courier 12 Suburban Square Hopkins, Minnesota State of Minnesota County of Hennepin SS. W. JOHN BERTRAM, being duly sworn, on oath says he is and during all the times herein stated has been the general manager and printer of the newspaper known as The Edina-Morningside Courier and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. (5) Said newspaper purports to serve the Village of Edina in the County of Hennepin and it has its known office of issue in the City of Hopkins in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main- tained by the managing officer or persons in its employ and subject to his direction and con- trol during all such regular business hours and devoted exclusively during such regular business hours to the business of the newspaper and business related thereto. (6) Said news- paper files a copy of each issue immediately with the State Historical Society. (7) Said news- paper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed ...ar.d.�e ............................... hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for ..1.... successive weeks; that it was first so published on AHFF.01M.o... the .22W. .... day of Nev-..... 19 %1 and was thereafter printed and published on every ...... ........ .. .... to and including the ... .... day of . 19 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcde f ghijklmnopgr stuvwxyz Za. Subscribed and sworn to before me this IZ`� . day of .... ...NPT ............. 19 6.T.. (Notarial Seal) Alice J. Nelson, ubligr Hennepin County, Minn. (Official Publication) VILLAGE OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 ORDINANCE NO. 164.39 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE NO. 164 ENTITLLD AN ORDINANCE NAMING., AND RENAMING CERTAIN ROAQS, STREETS AND AVENUE$$ THE VILLAGE OF EDINA,", THE VILLAGE COUNCIL{' dW THE VILLAGE OF EDINA� 22 NSOTA, ORDAINS: Section 1. Ordinance No. l64 of the Village, as amended; is'hereby further amended by adding= ata Section 64 the following: "Section 65. 'Highway No. ISO' between Interlachen Blvd. . a n d County Road 18 as the same of record in the office of the Register of Deeds of Hennepin County is hereby named 'Vernon AV ue'. "Section 66. 'West 50thtreet' between Normandale Road,and In- terlachen Blvd. as the same of record in the office of the Register of Deeds of Hennepin County is hereby named 'Vernon Avenue'." Section 2. This O^dinance shall be in effect from and after Janu. ary 1, 1968. •. First Reading: "November 20, 1967 Second Reading: Waived ARTHUR C. BREDESEN. JR. ATTEST; 3 Mayor FLORENCE $. HALLBERG Villaee Clerk (Nov. 22, 1967)—C-2A-10C i y Affidavit of Publication EDINA-MORNINGSIDE COURIER Edina, Minnesota In The Matter Of ORDINANCE NO. 164-40 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE NO. 164 ENTITLED "AN ORDINANCE NAMING AND RENAMING CERTAIN ROADS, STREETS AND AVENUES OF THE VILLAGE OF EDINA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Ordinance No. 164 of the Village, as amended, is hereby further amended by adding after Section 66 the following: Section 67. 'West 62nd Street' from Wyman Avenue to Ridgeview Drive as the same is of record in the office of the Register of Deeds of Hennepin County, is hereby named 'West 63rd Street'. Section 2. This ordinance shall be in effect from and after its passage and publication. First Reading: January 8, 1968 Second Reading: Waived Published in the Edina Courier January 18, 1968. ATTEST: (Signed) FLORENCE B. HALLBERG Village Clerk (Signed) ARTHUR C. BREDESEN. JR. Mayor AFFIDAVIT OF PUBLICATION Edina-Morningside Courier 12 Suburban Square Hopkins, Minnesota State of Minnesota County of Hennepin i SS. (Official ion) ORDINANCE NO. 164-40 AN ORDINANCE AMENDING W. JOHN BERTRAM, being duly sworn, on oath says he is and during all the times herein stated VILLAGE OF EDINA ORDINANCE NO. 164 ENTITLED has been the general manager and printer of the newspaper known as The Edina•Morningside "AN ORDINANCE NAMING AND Courier and has full knowledge of the facts herein stated as follows: (1) Said newspaper RENAMING CERTAIN STREETS. Is printed in the English language in newspaper format and in column and sheet form ROADS AND AVENUES OF THE VILLAGE OF EDINA" equivalent in printed space to at least 900 square Inches. (2) Said newspaper is a weekly and THE VILLAGE COUNCIL OI is distributed at least once each week. (3) Said newspaper has 50%, of its news columns devoted THE VILLAGE OF EDINA, MIN to news of local interest to the community which it purports to serve and does not wholly NESOTA, ORDAINS: Section f. Ordinance duplicate any other publication and is not made up entirely of patents, late matter and P , is er of the Village, as amended, is hereby advertisements. (4) Said newspaper is circulated in and near the municipality which it purports further amended by adding after to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of Section 66 the following: Section 67. 'West Street' at least 75% of its total circulation currentlypaid or no more than three months in arrears .from Wyman Avenue to Ridge - e to and has entry as second-class matter in its local post -office. (5) Said newspaper purports to view Drive as the same of serve the Village of Edina in the County of Hennepin and it has its known office of record in the office of the issue in the City of Hopkins in said county, established and open during its regular business Register of Deeds of Hennepin County is hereby named West hours for the gathering of news, sale of advertisements and sale of subscriptions and main. 63rd Street' ". tained by the managing officer or persons in its employ and subject to his direction and con- Se-, ton 2. This Ordinance shall trol during all such regular business hours and devoted exclusively during such regular be effect from and after its Passage and publication. business hours to the business of the newspaper and business related thereto. (a) Said news- First Reading: January 8, 1968 paper tiles a copy of each issue immediately with the State Historical Society. (7) Said news- Second Reading: Waived paper has complied with all the foregoing conditions for at least two years precedingthe day y Published in the Edina Courier January 11, 1968. or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of ARTHUR C. BREDESEN, JR. State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the Mayor form prescribed by the Secretary of State and signed by the publisher of said newspaper and ATTEST: FLORENCE B. HALLBERG sworn to before a notary public stating that the newspaper is a legal newspaper. Village Clerk (Jan. 18. 1968)= c He further states on oath that the printed ............ordinance ...O....18..21C@ ...................................... hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for'..... successive weeks; that it was first so published onThurs. the 18th Jan. 68 day of 19 . and was thereafter printed and published on every to and including the . . day of . 19 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the comp�sition and publication of said notice, to wait: abcdefghi jjkklmnopgrstuvwxyz Subscribed and sworn to before me this ..18th day of Jan. 19 68 (Notarial Seal) Alice J. Ne son, Notary Pu c, ennep County, Minn, Affidavit of Publication EDINA-MORNINGSIDE COURIER Edina, Minnesota In The Matter Of ORDINANCE NO. 164-41 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE NO. 164 ENTITLED "AN ORDINANCE NAMING AND RENAMING CERTAIN ROADS, STREETS AND AVENUES OF THE VILLAGE OF EDINA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Ordinance No. 164 of the Village, as amended, is hereby further amended by adding after Section 67 the following: Section 68. 'Motor Street' from Brookside Avenue to Rutledge Avenue as the same is of record in the office of the Register of Deeds of Hennepin County, is hereby named 'Brookside Court'. Section 2. This ordinance shall be in effect from and after its passage and publication. First Reading: April 1, 1968 Second Reading: April 15, 1968 Published in the Edina Sun on April 18, 1968. ATTEST: (Signed) FLORENCE B. HALLBERG Village Clerk (Signed) ARTHUR C. BREDESEN, JR. Mayor ORDINANCE NO. 164-42 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE NO. 164, ENTITLED "AN ORDINANCE NAMING AND RENAMING CERTAIN ROADS, STREETS AND AVENUES IN THE VILLAGE OF EDINA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, DOES ORDAIN AS FOLLOWS: Section 1. Ordinance No. 164 of the Village, as amended, is hereby further amended by adding after Section 68 the following: "Section 69. 'West 65th Street' from Valley View Road to Ridgeview Drive as the same of record in the Office of the Register of Deeds, Hennepin County, is hereby named 'Valley Lane'." Section 2. This Ordinance shall be in effect as of January 1, 1969. First Reading: November 18, 1968 Second Reading: December 16, 1968 Published December 26, 1968 (Signed) ARTHUR C. BREDESEN, JR. Mayor ATTEST: (Signed) FLORENCE B. HALLBERG Village Clerk ORDINANCE NO. 164-43 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE NO. 164 ENTITLED "AN ORDINANCE NAMING AND RENAMING CERTAIN ROADS, STREETS AND AVENUES OF THE VILLAGE OF EDINA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Ordinance No. 164 of the Village, as amended, is hereby further amended by adding after Section 69 the following: Section 70. 'Virginia Avenue' from the Crosstown Highway to West 66th Street as the same is of record in the office of the Register of Deeds of Hennepin County, is hereby named 'West Shore Drive'. Section 2. This ordinance shall be in effect from and after its passage and publication. First Reading: October 6, 1969 Second Reading: Waived Published in the Edina Sun on October 9, 1969. ATTEST: (Signed) FLORENCE B. HALLBERG Village Clerk (Signed) ARTHUR C. BREDESEN. JR. Mayor ORDINANCE NO. 164-44 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE NO. 164 ENTITLED "AN ORDINANCE NAMING AND RENAMING CERTAIN ROADS, STREETS AND AVENUES OF THE VILLAGE OF EDINA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Ordinance No. 164 of the Village, as amended, is hereby further amended by adding after Section 70 the following: Section 71. Braemar Park Road to the extent it is located within Braemar Park is hereby named 'Braemar Boulevard'. Section 72. Outlot A, Overholt Hills Georgia 2nd Addition, is hereby named 'Overholt Pass'. Section 2. This ordinance shall be in effect from and after its passage and publication. First Reading: September 8, 1970 Second Reading: September 21, 1970 Published in the Edina Sun on September 24, 1970. ATTEST: (Signed) FLORENCE B. HALLBERG Village Clerk (Signed) ARTHUR C. BREDESEN, JR. Mayor VILLAGE Or EDINA 4801 'a. SGAH ST. EDINA 249 MTNN. R£: 0RDINANCE NO. 221A UNIPOR?t GAS FRANCHISE PLEASE NOTE: THIS ORDINANCE IS COKPREHENSIVE AND BULKY,, AND NOT Of GENERAL; EVERYDAY INTEREST. THEREFORE, WE HAVE NOT MADE COPIES FOR ORDINANCE 3OOKS. THERE ARE TWO °,OFFICE COPIES" IN on, FILES, AND ONE s N THE MINUTES. OF THE. MEETING OF FEBRUARY 23, 1963. IF You NEED into RATION RELATIVE TO THIS ORDINANCE, PLEASE SEE, THE VTL ACyt. CLERX. 11�,!C]S",TO.�5 AN 02DINANCL G11.�?1TING I' IZ;;SION TO IiORTT=,,N STATES PO',= COMMA2IY, A IiIIiT; �CTi� CORPOp mTON, ITS SUCCESSORS AiID ASSIGNS, TO , .EE r, -r-LAFGE, OPERATE, n M, "I'ND nr,1I�r 1 AIid, IN THE VILLAGE OF PDINA, 11IN ESOTA, TR UdiS iISSICII LINES AIM AN ELECTRIC DISTRIBUTION SYSTEIT, INCLUDING NECESSARY POLES, POLE LEIS, IIl1STS, `IRES, CABLES, AND r IXTUP,ES AiID APPLriTENAIdCES FOR THE FUiZIIISIIi".'IG OF ELECTRIC EIIERGY TO THE VILLAGE, AND ITS INHABITA IdTS, Al"M OT1=3, A:1T TRAN33IITT ING ELECTRIC -,.rM,,GY INTO A11D TIHIOUGH THE `TILLAGE, A:,M TO USE THE STREETS, ALLEYS AND PUBLIC GhOUNDS OF SAID VILLAGE FOR SUCH PURPOSES. THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, HE14-11TEPZN COUNTY, ORDAINS AS FOLLC TS Section to That there be and hereby is granted to Northern States Power Company_ a Minnesota corporation, its successors and assigns, hereinafter referred to as `'Company", during the period of twenty (20) years from the date hereof, the righ*1 ;;and privilege of erecting, installing, enlarging, operating, repairing, and mair..- taining, in, on, over, under, and across the streets, alleys, and public grounds of said Village electric t.ranomissien lines and an electric distribution system, .ncluding all poles, ple lines, rusts, ;Tires, cables, lamps, transformers, and ither fixtures and appurtenances, usually, conveniently, or necessarily used in connection therewith, for the purpose of transmitting and furnishing electric energy for light, heat, power, and other purposes for public and private use in and to said Village and the inhabitants thereof, and others, and for the purpose of transmitting into and through said Village such electric enerET, provided that such transmission lines and electric distribution system shall be so located as in no way to interfere with the safety and convenience of ordinary travel along and over said streets and alleys, and provided that Company, in he erection, installation, enlargement, operation, repair, and maintenance of such poles, pole lines, masts, wires, cables, lamps, transformers, and other ::fixtures and appurtenances, shall be subject to such reasonable regulations as may be imposed by the Village Council. iection 2. Company agrees to maintain and operate efficiently its electric sy-stem in the Village during the term hereof, to provide adequate service to :ts present customers and to make reasonable extensions of its lines for the 7purpose of servicing new customers when the revenue therefrom justifies the eroense to Company of making the necessary extension. Because the Village limits as now constituted are within the irdinneapolis '4etropol tan Area, Company agrees that the rates for electric service therein shall be reasonable and shall not exceed the Company's standard schedule of rates and minimum charges effective in the City of Minneapolis. However, in the event of the imposition of local license fdes, taxes on earnings or other similar Village charges or regulations, the Company shall then have the right ' o revise its electric rates to offset any resultant increase in the cost of doing business. oction 3. There is also granted to Company during the term hereof, permission -.nd authority to trim all trees and shrubs in the streets, alleys and public pounds of said Village interfering with the proper erection, installation, -alargement, operation, repair, and maintenance of any poles, pole lines, ,%sts, wires, cables, lamps, transbrmers, or any other fixtures or appurte- iances, installed in pursuance of the authority hereby granted, provided that ",ompany shall save said Village harmless from any liability in the premises. -1- 0114DI'UNCE NO. 245 -- Page 2. Section 4. The Company shall exercise its privileges hereunder subject at all times to the police power of the 4111 age and shall not unnecessarily or unreasonably obstruct the use of or injure any street, avenue, or alley, and shall, upon the completion of any construction or repair, restore all streets, avenues and alle,;rs of the Village wzich shall be opened by it for any under- ground conduit or other futility of -'he Coy any to as nearly- the same order and condition as they were before the excavation was made as is reasonably possible, and shall maintsi in, repair, and ':eep in E ood condition for a period Of three (3) months all portions of said streets, avenules, and alleys disturbed by it or its agents; provided that the three-month period shall be computed from the time of the closing of the excavation; but in case of frost before the three-month period has expired, the same shall continue for the stated period after the frost leaves the ground. Any obstruction or excavation of any street, alley, park, boulevard, bridge or other public place, or �:ny failure to -properly fill and maintain such street, alley, park, boulevard, bridge or other public place after viritten notice demanding removal or repair, as the case may be, shall be taken care of by the Village and the cost thereof shall be charged a'ainst the Company -and may be deducted from any payments due it from the Village. Section 5.5 Nothing in this Ordinance contained shall be construed as giving to Company any exclusive privilege in, on, over, under, or across the streets, alleys, or public grounds of said Village. Section 6. Company shall have full right and authority to assign to any per- son, persons, firm or corporation all the rights conferred upon it by this Ordinance, provided that the assignee of such rights, by accepting such assignment shall become subject to the terms and provisions of this Ordinance. Section 7. Company shall, if it accepts this Ordinance and the rights hereby granted, file a written acceptance of the franchise rights hereby granted with the Village Clerk within ninety (90) days from the date of the publication of this Ordinance. Section 8. This Ordinance shall be in full force and effect from and after its passage and publication, as provided by law. Section 9. .1.11 ordinances and parts of ordiner_ces in conflict herewith are hereby repealed. PASSED AND AT-FROVED: November 23, 1953. (Signed) SPED S. CHILD ATTEST: Mayor Pro Tem ;'sVILLD C. BANK Village Clerk Published in .Edina-1-11orningside Courier December 3, 1953. ORDINANCE NO. 244 AN 0RDIIIAl. CF, Gi- JU' TIIIG A F POTCHISE FOii CONSTRUCTION OF A ';tiTEI 1,71L AND APPURT_7vANCES AND OPERATION OF A ,,'ATE SYSTEl'I VT HIN A PRESC:UBED .0 EA, VILLAGE COUNCIL OTHVILLAGE O EDIMP HEivIu SPIN COL�3TY, MIlMMOTA, DO IN AS FOLLO"S : ion 1. A franchise is hereby granted to The Stow Company, hereinafter _imes referred -o as the �9Licensee", to construct and operate a private system by drilling a well on Lots One and Two (1 and 2), Block Eight Broekview Heights First Addition, and connecting said well to water s hereafter installed by the Village in the following described area: "Commencing at the point of intersection of State Hightray No. 100 and `forth Boundary Line of Brookview Heights First Addition; th. South on e Highway No. 100 to T•'.70th Street; th. Southwesterly along T`.70th Street ie .-Test Section Line of Section Nine, Toim ,hip One Hundred Sixteen North, Twenty-one ?Nest (Sec.0/jT-Wp.116N.,R.21•,.); th. Northerly along said ..,on line to Northwest Coiner of said sectlor; th. Northerly along ?;Test ,'_on Line of Section Four, Totmship One Hundred Sixteen North, RInge -one West (Sec.4.1 Tvp.1161N.,R.2.17), to South Boundary Line of Brookview its First Addition; th. ?.Test along said South Boundary Line to Southwest ,r of Lot Eighteen (18), Block Eight (8), Brookview Heights First Addi- th. Northerly along '.Vest line of Lots One (1), through Eighteen (18), c Eight (8), to Northwest Coiner of Lot One (1), Block Eight (8) Brook - Heights First Addition; th. East to a point Thirty Feet {30 ft.� North ze Northeast Corner of Lot One (1), Block One (1), Brookview Heights Addition; th. South alone the East lot lines of Lots One (1) to Six (6) .1sive, Block One(1), Brook-wrievz Heights First Addition, to the Northemst 3r of Lot Eleven (11), clock One (1), said Addition; th. East along Lots :n and Twelve (11 and 12), Block One (1), said Addition to the Northeast �r of Lot Twelve (12), Block One (1); th. South One Hundred Feet (100 ft.) point Eighty Feet (80 ft.) '.•,est of the Northeast Corner of Lot Thirteen Block One (1), Brookview Heights First Addition; th. South to the North - Corner of Lot Seventeen (17), Block One (1), said Addition- th. East Four -ed and Twenty Feet (420 ft.) to a point Forty Feet (40 ft.1 East of the 'least Corner of Lot Twenty one (21), Block One (1), said Addition; th. i to the Northwest Corner of Lot Twenty-three (23), Block One (1); th. to point of beginning." ;ion 2. In connection with the operation of said private water system said franchise Licensee shall be pernit'..d to charge and collect water -:ice charges for the water service will-hi.n the area described in Section 1 or in such other area as may be approved ::y the Village from time to at no more than the charges for the sm-ane or sivailar service charged and .:)cted by the Village in the operation of its public water system. aon 3. Said Licensee in accepting the franchise hereby granted covenants agrees: (a) to construct at its sole cost a well, and to provide puriping equip - press -are tank, pump house, and other equipment necessary to provide the -.r service herein, contemplated, which well and equipment, together with land on which located, are hereinafter collectively referred to as the :..1." Said well shall be constructed on Lots One and Two (1 & 2), Block t (8), Brookview Heights First Addition, in accordance with specifications : oved by the Village Engineer and now on file with the Clerk of the Village within thirty days after completion of said well Licensee shall certify -1- No. 244 - Page 2. to the Village the cost of construct' -on thereon e;-clusi;re of the cost of said pressure tank and the cost of said land, whi- 1-11 �1.ourt, upon acceptance by the Village shall be the �Iorigi.nal cost" of the wall. MTo maintain said ::, 1?_ Free from a1.1. Ii.-:ns other than the lien for taxes not yet due. (c) To furnish wecer service l•rithin the area. deser .bed in Section 1 hereof and to operate and, main Ja in said tirater s YYstez , 4ncluding said well and all mains connected thereto, in subst�. ntialiy the _s^r.ae manner and condition as the Village shall operate arc', r'a'mtla in its public water sti'stem. (d) To pe.rrdt the Village to connect fire hydrants onto the mains in said area �t such places as it deems proper at the cost of the Village and to furnish without cost to the Village water needed for fire protection and for other proper and customary public uses within the area specified in section 1 hereof. Section 4. (a) The Village shall have an option to purchase said well from Licensee at any time for an amount equal to the original cosy of said well to .Licensee, less depreciation thereon equal to four (4) per cent per annum on the cost of the pump c,nd other equipment (except the pressure tank) purchased by the Licensee, and t-•!o (2) per cent per annum on the cost of drilling the well, including the: ein the cost of the pipe, from. June 1, 1953, to the date of said option. (b) In the event that Licensee for any reason shall fail to perform the covenants and agreements contained in Section 3 hereof and if Licensee shall fail to remedy said default Ujithin ten days after written notice from the Village specifying the nature of said default, the Village shall have the option to purchase said well for the sum of One hundred Dollars ($100.00). (c) Exercise of said opt --'.on to purchase shall be ev- denced by mailing, to Licensee a copy of a resolution adopted l., t Council of said Village stating that said option is exerc-is.ed as of ra specified. date and by tender to Licensee of the option price provided herein on or before said specified date. (d) In addition to the option price above specified under either of said options the Village sha11 buy from the _"icensee all unbilled accounts for water and all accounts .for %rater bill -A and not rrore than sixty days delinquent. (3) Upon e:aercise by the Village of either of said options, Licensee shall execute and deliver to the Village such conveyances and other instruments as may be necessary or desirable to vest title to said well in the Village and thereupon the franchise hereby granted shall terminate. Section 5. Licensee shall be under no obligation to furnish water service to areas outside of the area specified in Section 1 except for fire protection as hereinbefore provided, but ehe Licensee and the Village may mutually agree'to render k,;ater sen ice to areas outside the area specified in Section 1, Section 6. The franchise hereby granted may be assigned with the consent of of the Village. Section 7. Upon acceptance of this franchise by said Licensee the obligations imposed upon said Licensee shall be binding upon him, his heirs, executors and assigns. Section 8. Acceptance of the franchise hcretmder shall be evidenced by a written statement of acceptance filed by Licensee with the Clerk of the Village within thirty days after adoption of this ordin nce. -2- --',',4 - Page 3. T4 h�, ordincr.cs shall be in full force and effect from and after an d publication,, 'Village Council this 9th -I�iy �f Nlzrch, 10,5-Q,, Sued) R'7 U13."L T F. '7'PICKSON Mayor, ',AID C. BMIK .11age Clerk Edina-Morninf,side Courier 11arch.12 and 19, 1953. CUBIAPvCE NO. 252 AN ORLDIN.ANCE FIXING DATE OF ZGULAR VILLAGE ELECTION THE VILLAGE COUNCIL OF THE VILLAGE OF EDI ; A, IIT'JIME ;OTA, O.;DAINS: Section 1. Date of Election. The regular village election shall be held annually on the first Tuesday after the first Monday in November in each year, beginning with the election to be held in 1955. Section 2, Effective Date. This ordinance shall be in full force and effect inmediately upon its passage and publication - Adopted this.8th day of August, 1955. ATTEST: 61gied) R UBLN F. ERICKSON (Sided) GRr'TCHEN S. ALDEN Mayor Village Clerk Published in Edina-Norni,ngside Courier August 18 and 25, 1955. ORDINANCE NO. 301 An Ordinance Prohibiting Animals Running at Large, and Establishing a Pound for the Impounding of Such Animals. Section 1. What Animals Shall Not Be Loose Upon the Streets. No person shall allow any horses, mules, asses, cattle, hogs, sheep, goats, kids, or domestic fowls to run at large, or shall herd or picket such animals on the public streets, alleys or grounds. Sec'. 2. Providing for an Animal Pound. Any suitable place within or without the Village limits may be established as the animal pound of the Village, or the Village Council may construct and maintain such a pound. Sec. 3. Village Police Shall Impound. The police officers of the Village or such persons as may be designated by the Council may take up and impound in the animal pound any animal found running at large, in violation of this ordinance, and shall provide proper sustenance for all animals so impounded. Sec.4. Impounding Notice. Within 24 hours after any animal has been impounded, the Village Clerk shall post written or printed notices in 3 or more conspicuous public places in the Village, one of them in the pound, describing said animal and stating that the same has been impounded, and shall deliver to the owner or keeper thereof all animals that may be redeemed, upon payment of the cost of impounding. Sec.5. Clerk to Collect Cost of Impounding. The Clerk shall collect from the owners or persons desiring to redeem any animal mentioned in Section 1 which has been impound- ed, the sum of $1 per head, together with 75 cents for each day the animal has been confined as the cost of feeding it, or in the case of fowls, 25 cents per head and the cost of feeding. Sec. 6. Selling of Impounded Animals. If any animal taken up and impounded has not been redeemed within 6 days after impounding, the Clerk shall give 3 days' notice of time and place where said animal shall be sold by posting notices in 3 or more conspicuous public places in the Village, posting one of them on the pound, provided, the day of such sale shall be the ninth after the animal or animals therein mentioned have been impounded, unless such date falls on a legal holiday. Should the Clerk for want of bidders, or from any other cause, be unable to sell said animal on the day stated, it shall be lawful for him to sell such animal or animals on the succeeding day, or as soon thereafter as possible, without further notice. Sec.7. Disposition of Proceeds of Sale. The Clerk, after paying the expenses of impounding, keeping and sale of such animal, shall hold the balance of the proceeds of such sale for the benefit of the owner of the animal or animals, and if not claimed in one year, such funds shall be placed in the general fund of the Village. Sec. 8. Breaking Pound. No person shall break open or aid or assist in, counsel or advise, the breaking open of a pound, or take or let out or attempt to take or let out, any animal legally placed therein, except the same be done by an officer duly authorized by law. Sec.9. Impounding or Destruction of Animals Suspected of Rabies. Any animal that has bitten a person shall be taken up and impounded and shall be locked up for at least 14 days separate and apart from other animals and under the super- vision of a veterinarian until it is determined whether said animal had or has rabies. The cost incurred by the Village in carrying out the provisions of this paragraph shall be paid to the Village by the owner of such impounded animal and such cost may be collected by appropriate action in the Hennepin County Municipal Court. Any animal known to have been bitten or exposed to rabies shall be picked up and destroyed; provided, however, that such animal may be immediately killed if with reasonable effort it cannot first be taken up and impounded. If so picked up and impounded, the animal shall not be destroyed if the owner thereof makes provisions for a suitable quarantine for a period of not less than six months or proof of immunization is furnished and booster injections are given by a licensed veterinarian at the expense of the owner of such animal. Sec.10. In addition to the other penalties prescribed herein, any person who violates any provision of this ordi- nance shall, upon conviction thereof, be punished by imprison- ment of not more than 90 days or a fine of not more than $300. 41 Olt DI 1411I.NCE Not 13 J: 2 AN FORDIMTANCJAMENDIM,01IAN-ANCS, ITO. 1352 T(; i-THIT TTAHOTW OOPEATION OF PIMSKCATZI CULTURL: ANHEAMND CLUBS AND SALONS, !WMA PARV.)RS MID YASSti3S PARLORS, AND REGULATINd MASSETJRz, MD WSSLEUSES, 14D J11POSING A FWAVVY TKE V1M-.4k_'-E COUNCIL OF V-2 VIMAGF. Cd' EDDI(Al.. W14NESOTA, ORDAINS,,,- Seccion 1. Hours of operpatior., sectson 8 of Ordinance 'No. I..,. —'—*' F__--,- -rebv amended '15z is hc d te. read as I I 'm 91Sec, S. liouxs (�:x 3 'i(ej licensed operaticr shall b,-:! cper. .for business, nor shall xay pA.:1ons or (u�-tt:mers b--, pe-maitted, on the pre-, mites, beti4een the hours of I a.n,,, and k.n, cf.' e---ich clay," Sec, 2, This ordinance shall be in full force and effeat upon its passage and publication, First Reeding.- Yebruary 7, 1972 Second Reading- Waived PublLsbed in the Edina Sun ,)n Fcb-wary3.0, 1972,, (sigr,,ed) RMLA.-RD C. JOHESON Rayor. `4ro Tem, TTEST,. (signed) FLORS14CE B4, I-P.LLBF.V, Vil."'aLa Ckrl% • • • • • • • e • • • • • 0 • • • • • Z I M M E R M A N M A U Z Y C A P L A N A N D R E E D ATTORNEYS •AT•LAW FIFTH FLOOR ATRIUM LUMBER EXCHANGE BUILDING CHARLES S ZIMMERMAN / PA TEN SOUTH FIFTH STREET WILLIAM J MAUZY / PA MINNEAPOLIS PARREL A CAPLAN MINNESOTA 55402 BARRY G REED 612/341.0400 June 14, 1983 Mr. Gordon Hughes City Hall of Edina 4801 West 50th Street Edina, Minnesota 55424 Re: Indoor Soccer Facility - Zoning Ordinance Amendment Dear Mr. Hughes: Please be advised that I represent a group of individuals who are negotiating to lease or purchase the premises at 7225 Washington Avenue in Edina. They are planning to use the facility to run an indoor soccer arena, which would be used as a participation facility for indoor soccer and indoor hockey (during the summer season). The facility will be geared towards participation by families and young people, and will include facilities for light refreshments, and a "pro" shop for sports equipment for soccer and indoor hockey. The playing surface will be artificial turf for the spring/summer/fall soccer seasons, and concrete for summer hockey. There will be parking for approximately 80 vehicles. This is a non -spectator oriented use, although we anticipate that there will be the family spectator support that one typically gets with youth sports. In addition, we anticipate some small tournaments being staged, which might create a slightly larger spectator" base on a few annual occasions. We intend to have some very limited bleacher - type seating at the facility for spectator use, and for participants to watch other games while awaiting their own. We would, therefore, like to request amendment of the Zoning Ordinance to include indoor soccer, indoor hockey, related retail sales, sales of light refreshments, and use of amusement machines (video games etc.), if these are necessary. We would like to have an opportunity to meet with the Planning Commission on June 29, 1983 and thereafter to meet with the City Council as soon as feasible. Thank you for your assistance and kind attention to the above. Very truly yours, ZINIlI MAUZY CAPLAN AND REED P, Barry G. Re Esq. _/1-43 ORDINANCE NO. 811-A AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO-811) BY ADDING INDOOR SOCCER ARENAS INCLUDING FACILITIES FOR EXERCISE AND REDUCING AS A PERMITTED USE IN THE PLANNED INDUSTRIAL DISTRICT (PID) AND PARKING REQUIREMENTS THEREFORE THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA ORDAINS: Section 1. Subparagraph (a) of paragraph 3 of Section 10 (Planned Industrial District) of Ordinance No. 811 is hereby amended by adding thereto an additional permitted principal use as follows: "(9) Indoor Soccer Arenas, Including Facilities for Exercise and Reducing provided that: a. The gross floor area of the building for the principal use does not exceed 25,000 square feet. b. Seating for no more than 25 spectators is provided. Section 2. Subparagraph (d) of paragraph 6 of Section 10 (Planned Industrial District) of Ordinance No. 811 is hereby amended by addition thereto the following: "(8) Indoor Soccer Arenas Including Facilities for Exercise and Reducing. One off-street parking space for each 400 square feet of gross floor area within the building." Section 3. This ordinance shall be in full force and effect upon its passage and publication. First Reading: Second Reading: Published in the Edina Sun on ATTEST: City Cler Mayor ORDINANCE NO. 1040 AN ORDINANCE DECLARING POISONOUS PLANTS, WEEDS, ACCUMULATIONS OF CERTAIN VEGETATION, AND GRASS OR GRASS -LIKE VEGETATION OVER TWELVE INCHES HIGH, A NUISANCE, AND REQUIRING CUTTING OR REMOVAL THEREOF, ESTABLISHING A PROCEDURE FOR CUTTING OR REMOVAL AND ASSESSMENT OF COSTS, PROVIDING A PENALTY, AND REPEALING PARAGRAPH (e) 07 SECTION 2 OF ORDINANCE NO. 1031 AND SECTIONS 8 AND 9 OF 0-:`-1-- CE NO. 1211 THE CITY COUNCIL OF THJ CIr'Y OF EDTNA, MINNESOTA ORDAINS: Section 1. Declaration of Nuisance. The following vegetation is hereby declared a nuisance: (a) all poisonous plants, including, but not limited to, poison ivy, poison oak and ragweed, (b) all weeds, including, but not limited to, those which are noxious as defined by state law, (c) any accumulation of dead weeds, grass, brush or other vegetation, and (d) any all other -rank growths of grass or grass -like vegetation;--4:aeludj:ng-any-gra5s-er-weedlt standing over one foot, or which have gone or are about to go to seed, and which are situated within 500 feet of any residence or within, or within 100 feet of, any regtilarly-travelled street, alley or right of way; provided that part (d) of this paragraph shall not be deemed to apply to vegetation so situated that it is extremely difficult to mow or remove, and provided further that none of this paragraph shall apply to land owned by, or subject to easements in favor of, the City and maintained by the City as a natural open space area. Sec. 2. Duty of Property Owners to Remove Nuisance from Their Property. Every owner of property on which is located vegetation declared by this ordinance to be a nuisance shall cause all such vegetation to be cut or removed. Sec. 3. Duty of Property Owners To Remove Nuisance from Public Rights of Way. Every owner of platted property abutting on any platted public street, e-- alley or right of way shall cause the vegetation declared by this ordinance to be a nuisance to be cut from the line of such property nearest to such street, er alley or right of way to the center of such street, er alley or right of way, or to be removed therefrom. Sec. 4. Notice, Abatement and Assessment. (a) The City, acting by and through the City Manager, may cause the nuisance to be remved and the cost thereof collected from the property owner on whose property the nuisance was located, or whose property abutted the public street, alley or right of way on which the nuisance was located, all pursuant to provisions of Ordinance No. 1213, and the following provisions: (i) before the City causes the nuisance to be removed the City Manager shall mail notice to the owner or owners of the affected property or properties as such owners and their addresses are shown on the records of the City, requiring remval of the nuisance within the time and in the manner specified in the notice, and if not removed within the time and in the manner specified in the notice, the City may proceed by order of the City Manager and, pursuant to Ordinance No. 1213, to remove the nuisance; (ii) the total cost of removal of the nuisance incurred by the City, when determined, shall be charged to the owner or owners of the property or properties to wham such notice was given; (iii) if the charged cost is not paid by such owner or owners by the date specified by Ordinance No. 1213, the costs not paid shall be assessed against the affected property or properties of the non-paying owner or owners pursuant to Ordinance No. 1213; and (iv) the above process may be repeated as often as necessary to remve vegetation declared by this ordinance to be a nuisance. (b) If the nuisance consists of noxious weeds as defined by state law, then the City, at the option of the City Manager, may proceed to remove the nuisance and charge the cost thereof to the property owner pursuant to Minnesota Statutes, Sect. 18.271 in lieu of the procedure set out at (a) of this Section. Sec. 5. Penalty. Any person who violates or fails to comply with this ordinance shall be guilty of a misdemeanor, and shall be subject to penalties pursuant to Ordinance No. 175. Such penalties may be imposed in addition to any other penalty or remedy herein prescribed. Sec. 6. Repealer. Paragraph (e) of Section 2 of Ordinance No. 1031, and Sections 8 and 9 of Ordinance No. 1211, are hereby repealed. Sec. 7. Effective Date. This ordinance shall be in full force and effect immediately upon its passage and publication. First Reading: Second Reading: Published in the on ATTEST: City Clerk Mayor DORSEY & WHITNEY A Partnership Including Professional Corporations 2200 FIRST BANK PLACE EAST MINNEAPOLIS, MINNESOTA 55402 510 NORTH CENTRAL LIFE TOWER (612) 340-2600 445 MINNESOTA STREET ST. PAUL,MINNESOTA 55101 TELEX: 29 - 0605 (612) 227-8017 TELECOPIER : (612) 340-2868 P. O. BOX 848 340 FIRST NATIONAL BANK BUILDING ROCHESTER, MINNESOTA 55903 (507) 288 - 3156 312 FIRST NATIONAL BANK BUILDING THOMAS S. ERICKSON, P. A. WAYZATA, MINNESOTA 55391 (612)475-0373 (612) 340-2659 June 14, 1984 Mr. Kenneth E. Rosland City of Edina 4801 West 50 Street Edina, Minnesota 55424 Re: Weed Ordinances Dear Ken: aKJdt�c�l 201 DAVIDSON BUILDING 8 THIRD STREET NORTH GREAT FALLS, MONTANA 59401 (406)727-3632 SUITE 675 NORTH 1800 M STREET N. W. WASHINGTON, D. C. 20036 (202) 955-1050 30 RUE LA BOETIE 75008 PARIS, FRANCE OII 331 562 32 50 I enclose herewith a proposed draft of Ordinance No. 1040. This ordinance, as you requested, puts into one ordinance the prior proposed amendments to Ordinance No. 1211 and Ordinance No. 1031. This ordinance repeals paragraph (e) of Section 2 of Ordinance No. 1031, and Sections 8 and 9 of Ordinance No. 1211, all of which deal with the removal of weeds. The substantive changes resulting from this ordinance are those underlined and dashed out in Sections 1 and 3, and all of Section 4. However, Section 4 merely sets out in more detail the process to be followed in removing weeds as permitted by Ordinance No. 1213. The ordinance does not make any change in the height of grass before it is a nuisance, i.e., it is yet 12 inches or one foot. The main purpose of the ordinance is to better define weeds and rank vegetation and establish a clearer procedure for removing weeds and tall grasses when a property owner refuses or fails to do so. Very truly yours, Thoma Erickson TSE:jd enclosure cc w/enclosure: y/Ms. Marcella Daehn V'd ORDINANCE NO. 1040 AN ORDINANCE DECLARING POISONOUS PLANTS, WEEDS, ACCUMULATIONS OF CERTAIN VEGETATION, AND GRASS OR GRASS -LIKE VEGETATION OVER TWELVE INCHES HIGH, A NUISANCE, AND REQUIRING CUTTING OR REMOVAL THEREOF, ESTABLISHING A PROCEDURE FOR CUTTING OR REMOVAL AND ASSESSMENT OF COSTS, PROVIDING A PENALTY, AND REPEALING PARAGRAPH (e) OF SECTION 2 OF ORDINANCE NO. 1031 AND SECTIONS 8 AND 9 OF ORDINANCE NO. 1211 THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA ORDAINS: Section 1. Declaration of Nuisance. The following vegetation is hereby declared a nuisance: (a) all poisonous plants, including, but not limited to, poison ivy, poison oak and ragweed, (b) all weeds, including, but not limited to, those which are noxious as defined by state law, (c) any accumulation of dead weeds, grass, brush or other vegetation, and (d) any all other rank growths of grass or grass -like vegetation;-ineldel4:ag-any-grass-er-weeds standing over one foot, or which have gone or are about to go to seed, and which are situated within 500 feet of any residence or within 100 feet of any regtdlarly-travelled road, alley or street; provided that part (d) of this paragraph shall not be deemed to apply to �eeels;-eass-ems -etl�e-ge�rtl�s vegetation so situated that it is extremely difficult to mew or rennve, and provided further that none of this paragraph shall apply to land owned bv. or Giih;Pr i- to Pacamnnfc in fa-,7nr of Sec. 2. Duty of Property Owners to Remove Nuisance from Their Property. Every owner of property on which is located vegetation declared by this ordinance to be a nuisance shall cause all such vegetation to be cut or removed. Sec. 3. Duty of Property Owners To Remove Nuisance from Public Rights of Way. Every owner of platted property abutting on any platted public street, er alley or right of way shall cause the vegetation declared by this ordinance to be a nuisance to be cut from the line of such property nearest to such street, er alley or right of way to the center of such street, er alley or right of way, or to be remved therefrom. Sec. 4. Notice, Abatement and Assessment. (a) The City, acting by and through the City Manager, may cause the nuisance to be removed and the cost thereof collected from the property owner on whose property the nuisance was located, or whose property abutted the public street, alley or right of way on which the nuisance was located, all pursuant to provisions of Ordinance No. 1213, and the following provisions: (i) before the City causes the nuisance to be removed the City Manager shall mail notice to the owner or owners of the affected property or properties as such owners and their addresses are shown on the records of the City, requiring remval of the nuisance within the tim and in the manner specified in the notice, and if not removed within the time and in the manner specified in the notice, the City may proceed by order of the City Manager and, pursuant to Ordinance No. 1213, to renove the nuisance; (ii) the total cost of removal of the nuisance incurred by the City, when determined, shall be charged to the owner or owners of the property or properties to wham such notice was given; (iii) if the charged cost is not paid by such owner or owners by the date specified by Ordinance No. 1213, the costs not paid shall be assessed against the affected property or properties of the non-paying owner or owners pursuant to Ordinance No. 1213; and (iv) the above process may be repeated as often as necessary to remove vegetation declared by this ordinance to be a nuisance. (b) If the nuisance consists of noxious weeds as defined by state law, then the City, at the option of the City Manager, may proceed to remve the nuisance and charge the cost thereof to the property owner pursuant to Minnesota Statutes, Sect. 18.271 in lieu of the procedure set out at (a) of this Section. Sec. 5. Penalty. Any person who violates or fails to comply with this ordinance shall be guilty of a misdemeanor, and shall be subject to penalties pursuant to Ordinance No. 175. Such penalties may be inposed in addition to any other penalty or remedy herein prescribed. Sec. 6. Repealer. Paragraph (e) of Section 2 of Ordinance No. 1031, and Sections 8 and 9 of Ordinance No. 1211, are hereby repealed. Sec. 7. Effective Date. This ordinance shall be in full force and effect immediately upon its passage and publication. First Reading: Second Reading: Published in the on G M E M O R A N D U M TO: Kenneth Rosland FROM: Robert Kojetin SUBJECT: WEEDS DATE: July 3, 1986 The City Council discussed the City's weed ordinance on June 16, 1986, relative to, among other things, the advisability of reducing the maximum height at which lawns or weeds must be mowed. The Council asked staff to provide additional facts concerning our weed program as well as a draft ordinance concerning weed control. Attached is a report from Eugene Davis, our weed inspector, concerning the program. Relevant facts concerning our program are as follows: 1) Number of complaints received concerning unmowed lawns. In 1985, we received complaints concerning unmowed lawns at about 20 residences. We have been able to pursuade homeowners to take care of these complaints without the need for City crews to mow the lawns. 2) Number of notices sent concerning noxious weeds. In 1985, we sent 132 notices requiring the removal of noxious weeds. 3) Number of noxious weed notices which were ignored and thereby necessitating mowing by City. Seventy-eight noxious weed notices were ignored and the property was mowed by the City. 4) Charge for City mowing. The City charges $75 per hour per tractor. A minimum of $75 is charged regardless of the time spent. If payment is not received in 15 days, the cost of mowing is assessed against the property. The Council will recall that it considered a draft ordinance (copy attached) concerning weeds and unmowed lawns two years ago. We suggest that the Council use this draft as a starting point if it wishes to consider amendments to the ordinance. KR/sw Attachment DORSEY & WHITNEY A Partnership Including Professional Corporations 2200 FIRST BANK PLACE EAST M INNEAPOLIS, MINNESOTA 55402 510 NORTH CENTRAL E TOWER (612) 340 - 2600 445 MINNESOTA STREET ST. PAUL,MINNESOTA 55101 TELEX: 29 - 0605 (612) 227-8017 TELECOPIER : (612) 340-2868 P. O. BOX 848 340 FIRST NATIONAL BANK BUILDING ROCHESTER, MINNESOTA 55903 1507)288-3155 312 FIRST NATIONAL BANK BUILDING T WAYZATA, MINNESOTA 55391 HOMAS S. ERICKSON, P A. (612)475-0373 (612) 340-2659 June 14, 1984 Mr. Kenneth E. Rosland City of Edina 4801 West 50 Street Edina, Minnesota 55424 Re: Weed Ordinances Dear Ken: 201 DAVIDSON BUILDING 8 THIRD STREET NORTH GREAT FALLS, MONTANA 59401 (406)727-3632 SUITE 675 NORTH 1800 M STREET N. W. WASHINGTON, D. C. 20036 (202) 955-1050 30 RUE LA BOETIE 75008 PARIS, FRANCE 011 331 562 32 50 I enclose herewith a proposed draft of Ordinance No. 1040. This ordinance, as you requested, puts into one ordinance the prior proposed amendments to Ordinance No. 1211 and Ordinance No. 1031. This ordinance repeals paragraph (e) of Section 2 of Ordinance No. 1031, and Sections 8 and 9 of Ordinance No. 1211, all of which deal with the removal of weeds. The substantive changes resulting from this ordinance are those underlined and dashed out in Sections 1 and 3, and all of Section 4. However, Section 4 merely sets out in more detail the process to be followed in removing weeds as permitted by Ordinance No. 1213. The ordinance does not make any change in the height of grass before it is a nuisance, i.e., it is yet 12 inches or one foot. The main purpose of the ordinance is to better define weeds and rank vegetation and establish a clearer procedure for removing weeds and tall grasses when a property owner refuses or fails to do so. Very truly yours, Y ( , Thomas Erickson TSE : j d enclosure cc w/enclosure: v/Ms. Marcella Daehn ORDINANCE NO. 1040 AN ORDINANCE DECLARING POISONOUS PLANTS, WEEDS, ACCUMULATIONS OF CERTAIN VEGETATION, AND GRASS OR GRASS -LIKE VEGETATION OVER 'TWELVE INCHES HIGH, A NUISANCE, AND REQUIRING CUTTING OR REMOVAL THEREOF, ESTABLISHING A PROCEDURE FOR CUTTING OR REMOVAL AND ASSESSMENT OF COSTS, PROVIDING A PENALTY, AND REPEALING PARAGRAPH (e) OF SECTION 2 OF ORDINANCE NO. 1031 AND SECTIONS 8 AND 9 OF ORDINANCE NO. 1211 THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA ORDAINS: Section 1. Declaration of Nuisance. The following vegetation is hereby declared a nuisance: (a) all poisonous plants, including, but not limited to, poison ivy, poison oak and ragweed, (b) all weeds, including, but not limited to, those which are noxious as defined by state law, (c) any accumulation of dead weeds, grass, brush or other vegetation, and (d) any all other rant growths of grass or grass -like vegetation;-inelueling-any-grass-er-weeds standing over one foot, or which have gone or are about to go to seed, and which are situated within 500 feet of any residence or within 100 feet of any regtdlarly-travelled road, alley or street; provided that part (d) of this paragraph shall not be deemed to apply toee1s--grass-ems -etke-gevdtl�s vegetation so situated that it is extremely difficult to mow or remove, and provided further that none of this paragraph shall apply to land owned by, or subject to easements in favor of, the City and maintained by the City as a natural open space area. Sec. 2. Duty of Property Owners to Remove Nuisance from Their Property. Every owner of property on which is located vegetation declared by this ordinance to be a nuisance shall cause all such vegetation to be cut or remved. Sec. 3. Duty of Property Owners To Remove Nuisance from Public Rights of Way. Every owner of platted property abutting on any platted public street, er alley or right of way shall cause the vegetation declared by this ordinance to be a nuisance to be cut from the line of such property nearest to such street, ar alley or right of way to the center of such street, er alley or right of way, or to be removed therefron. Sec. 4. Notice, Abatement and Assessment. (a) The City, acting by and through the City Manager, may cause the nuisance to be removed and the cost thereof collected from the property owner on whose property the nuisance was located, or whose property abutted the public street, alley or right of way on which the nuisance was located, all pursuant to provisions of Ordinance No. 1213, and the following provisions: (i) before the City causes the nuisance to be removed the City Manager shall mail notice to the owner or owners of the affected property or properties as such owners and their addresses are shown on the records of the City, requiring removal of the nuisance within the time and in the manner specified in the notice, and if not removed within the time and in the manner specified in the notice, the City may proceed by order of the City Manager and, pursuant to Ordinance No. 1213, to remove the nuisance; (ii) the total cost of removal of the nuisance incurred by the City, when determined, shall be charged to the owner or owners of the property or properties to whom such notice was given; (iii) if the charged cost is not paid by such owner or owners by the date specified by Ordinance No. 1213, the costs not paid shall be assessed against the affected property or properties of the non-paying owner or owners pursuant to Ordinance No. 1213; and (iv)'the above process may be repeated as often as necessary to remove vegetation declared by this ordinance to be a nuisance. (b) If the nuisance consists of noxious weeds as defined by state law, then the City, at the option of the City Manager, may proceed to remove the nuisance and charge the cost thereof to the property owner pursuant to Minnesota Statutes, Sect. 18.271 in lieu of the procedure set out at (a) of this Section. Sec. 5. Penalty. Any person who violates or fails to comply with this ordinance shall be guilty of a misdemeanor, and shall be subject to penalties pursuant to Ordinance No. 175. Such penalties may be imposed in addition to any other penalty or remedy herein prescribed. - Sec. 6. Repealer. Paragraph (e) of Section 2 of Ordinance No. 1031, and Sections 8 and 9 of Ordinance No. 1211, are hereby repealed. Sec. 7. Effective Date. Mis ordinance shall be in full force and effect immediately upon its passage and publication. First Reading: Second Reading: Published in the on EDINA WEED CONTROL PROGRAM 1986 Introduction There are two objectives to the weed control program in Edina: Objective 1: To assist in beautifying and enhancing the appearance of a community that already has gained a reputation as the "Community of Flowers." Where residents take great pride in their homes that are designed to take advantage of natural settings on large, well -landscaped lots. This is accomplished through working with its citizens on problems with weeds in their lawns or in areas that they have chosen to remain wild as a sanctuary for birds and other wild animals. Occasionally a resident, for some reason, allows the grass on his lawn to grow above the 12 inches stipulated in the existing ordinance. When this occurs, the weed inspector works with the resident to resolve the problem. This is generally accomplished within a couple of days. Objective 2: To make certain that the city remains in compliance with the State of Minnesota Agricultural Weed Laws. These laws essentially require property owners to eradicate any of the noxious weeds from their property. (A list of which is attached as Exhibit A to the report). When the assistant weed inspector locates any of the noxious weeds on property in the city he first goes to the ownership records to ascertain the owner of record. He then issues a form #1 weed notice to the owner giving the owner seven days to eradicate the weeds. At the end of the seven days he returns to the property to see if the work has been accomplished. If it has a constant surveillance is put on the property to be sure that the cutting is continued throughout the growing season. If the owner chooses not to comply with the order, the assistant weed inspector will issue work orders to the park department employees to proceed with the mowing. The cost of this mowing is $75.00 per hour, per tractor. Also we know a $75.00 minimum regardless of the time it takes. When the mowing is complete the property owner has fifteen days to pay the mowing charges. Should he choose not to pay in this manner the Assistant Weed Inspector complies on HC 452 Special Assessment Form and sends it to the County Auditor to be assessed as a special assessment against the property. Weeds are persistent. If they occurred in a lawn or lot last year, chances are there will be more next year. Each year as these weeds start to surface, the telephone calls start coming in to the city hall. It is at this time that the position of weed inspector can be characterized to the description of the 1 vice-presidency as given by John Nance Garner ("Cactus Jack") in 1936, when he said, "this job isn't worth a warm pitcher of spit." It does, however have its rewards and satisfactions. A complete picture of what is happening currently in the weed control problem, can probably best be supplied by answered some well chosen questions: Questions Question I. How many yards or lawns do we receive complaints on during a normal year? In the year 1985, we received complaints about twenty home residences who were not mowing their lawns. (I have enclosed as Exhibit B a list of properties which have been problem in the past) In very early spring I send these property owners a letter requesting compliance for the upcoming year. (A copy of this letter is attached as Exhibit C.) Solution: In every single case in working with the owner we have gotten them to mow their property and keep it trimmed throughout the season. In no case have we had to bring city equipment on to lawns and residents and accomplish the mowing. Question II: Has the twelve inch height limit presented a problem for either the residents or the weed inspector? Solution: No. Generally, if grasses are twelve inches high their is a lot that is eight inches high. When the grasses have grown this much out of control action has already started to get the mowing done. Question III: How many complaint calls does the weed inspector receive during tho CoMcnn? Answer: In 1985 the weed inspector received 309 complaint calls about all facets of weed control. Question IV: How many form #1 weed notices do we send out to property owners with NOXIOUS weeds? Answer: In the year 1985 we sent out 132 weed notices, requesting that noxious weeds be eradicated. Question V: How many notices were ignored by property owners and cutting done by the city park department. Answer: 78 notices were ignored and the property had to be mowed by the city. Question VI: How much city owned property is mowed by the department each year? Answer: The city owns approximately 135 different parcels of land. At one time or another nearly all of it is mowed by the department during the course of the growing season. 2 The street right-of-ways are constantly being mowed so a! vision" as well as enhance the beauty of the area. Question VII: What does the city charge for mowing? Answer: At present we charge $75.00 per hour per tractor. Also, we have a $75.00 minimum whether the stay is 15 minutes or one hour. Question VIII: How much money was taken in from lots belonging to private citizen? Answer: Last year nearly six thousand dollars were taken in from this activity. Conclusion The State Agricultural Weed Laws require that each municipality have a weed inspector. It further requires that appropriate action be taken to eradicate the NOXIOUS WEEDS. We, in Edina, have complied with these provisions, as well as exhibited a great concern for the artistic qualities of our community. You have my assurance that I will remain cognizant of the wishes of our residents as well as the requirements of the state department as they relate to weed problems Eugene D. Davis, PhD. Assistant Weed Inspector 3 EXHIBIT A CHAPTER, 9: AGR 182-189 NOXIOUS WEEDS A GR 182. (a) Noxious Weeds. The following plants are deemed by the Commissioner of Agriculture to be injurious to public health, public roads, crops, livestock, and other property as noxious weeds: COMMON NAME BOTANICAL NAME POISON IVY SPURGE, LEAFY SOWTHISTLE, PERENNIAL THISTLE, BULL THISTLE, CANADA THISTLE, MUSK THISTLE, PLUMELESS CONVOLVULUS ARVENSIS CANNABIS SATIVA RHUS RADICANS EUPHORBIA ESULA SONCHUS ARVENSIS CIRSIUM VULGARE CIRSIUM ARVENSE CARDUUS NMANS CARDUUS ACANTHOIDES EXHIBIT B RESIDENCES WHERE TALL GRASSES IN LAWNS HAVE BEEN A PROBLEM 5920 Wooddale Avenue Backyard 6141 Brookview Avenue Frontyard 6145 Brookview Avenue Front and Back 4119 West 62nd Street Front and Back 4121 West 62nd Street Front and Back 4111 West 62nd Street Front 7128 Heatherton Trail Front and Back 6309 Maloney Avenue Front Yard 4021 Kipling Avenue Backyard 3915 West 42nd Street Backyard EXHIBIT C CITY OF SUEDINA 4801 WEST 50TH STREET, EDINA, MINNESOTA 55424 612-927-8861 April 24, Mr. Ronald M Diker 6309 Maloney Ave. Edina, MN 55424 Dear Mr. Diker: In past years we have received complaints from your neighbors concerning the weeds and tall grasses in your yard. Th-e City ordinance stipulates that such weeds and grasses should be kept mowed so as to prevent them from going to seed. It is our sincere hope that your property will be in compliance with this ordinance during this growing season. Your past cooperation in this matter has been very greatly appreciated. Sincerely, Eugene D. Davis Assistant Weed Inspector ED/ss ORDINANCE NO. 825-AlO AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 825) BY ADDING LOCATION REQUIREMENTS FOR EMERGENCY POWER GENERATORS, AIR CONDITIONING COMPRESSORS AND PLAYGROUND EQUIPMENT AND HEIGHT RESTRICTIONS FOR WIND GENERATORS AND SOLAR COLLECTORS THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA ORDAINS: Section 1. Section 11, Paragraph F, Subparagraph 3, of Ordinance No. 825 is hereby amended by adding the following thereto: "(c) wind generators and solar collectors 30 feet or the height of the principal structure, whichever is less" Sec. 2. Section 11, Paragraph G, of Ordinance No. 825 is hereby amended by adding the following thereto: "8. Emergency power generators, air conditioning compressors, and playground equipment. Shall be located only in the rear yard." Sec. 3. This ordinance shall be in full force and effect upon its passage and publication. First Reading: May 5, 1986 Second Reading: ATTEST: City Clerk Mayor 182-2-AIO l s C L Hift- lj ORDINANCE NO. 171 *2-2- AN ORDINANCE AMENDING ORDINANCE NO. 171 TO ADD FEE FOR DOG LICENSE RENEWALS THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Schedule A to Ordinance No. 171 is hereby amended by addition thereto of the following: ORD. SEC. NO. NO. PURPOSE OF FEE/CHARGE AMOUNT FEE NO. 312 10 Dog License Renewal $5.00 per dog or 7f-1 $2.00 per neutered dog Sec. 2. This ordinance shall be in full force and effect following its passage and publication for all dog license renewals to be effective January 1, 1986, and thereafter. First Reading: Second Reading: ATTEST: City Clerk Mayor v. A -3 ORDINANCE NO. 1211-Al AN ORDINANCE AMENDING ORDINANCE NO. 1211 TO REQUIRE CUTTING OF GRASS AND WEEDS OVER SIX INCHES HIGH ALONG PUBLIC STREETS, AND PROVIDING A PENALTY. THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Duty of Property Owners to Cut Grass and Weeds. Sec. 8 of Ordinance No. 1211 is hereby amended to read as follows: Sec. 8. Duty of Property Owners to Cut Grass and Weeds. Every owner of pl$t-tied property abutting on any 14-atted public street-, e-r alley or right of way shall cause the grass and weeds to be cut from the line of such property nearest to such street-, er alley or right of way to the center of such street-, er alley or right of way. If the grass or weeds in such a place are twelve six inches or more in height it shall be prima facie evidence of a violation of this section. Sec. 2. Director May Order Work Done. Sec. 9 of Ordinance No. 1211 is hereby amended to read as follows: Sec. 9. Director May Order Work Done. The Director of Parks shall cut and destroy all grass and weeds growing within the p4ette4 limits of any public street-, eY alley or right of way when the same are not cut by the property owners as required by Section 8 hereof. He shall keep an accurate account of the costs of such cutting opposite each lot and shall give written notice of such costs to the owners of each abutting property, and if not paid to the City interest shall accrue thereon, and the costs, with interest, may be certified to the Auditor of Hennepin County, Minnesota for collection as taxes upon such property are collected. Such notice shall be given, interest determined, and certification made pursuant to the provisions of Minnesota Statutes, Section 18.271, Subd. 4. Sec. 3. Penalty. Sec. 10 of Ordinance No. 1211 is hereby amended to read as follows: Sec. 10. Penalty. Any person who violates or fails to comply with any provisions of this ordinance shall be guilty of a misdemeanor, and shall be subject to a-f#ne-of-not-te-exceed ��89,-er-#mpr#se�etit-€er-a-per3ed-net-te-emceed-�8-flags;-�viti� Bests-a€-preseeut!on-In- either- ease -to - be- added penalties pursuant to Ordinance No. 175. Such penalty penalties may be imposed in addition to any other penalty or remedy herein prescribed. 3647C(11):TSE:100883 Sec. 4. This ordinance shall be in full force and effect immediately upon its passage and publication. First Reading: Second Reading: Published in the Edina Sun on ATTEST: City Clerk Mayor -2- ORDINANCE NO. 1031-A2 AN ORDINANCE AMENDING ORDINANCE NO. 1031 TO DEC'. POISONOUS PLANTS AND WEEDS, AND GRASS OR GRASS -LIKE V OVER SIX INCHES HIGH, A NUISANCE, ESTABLISHING A PROC', �S REMOVAL AND ASSESSMENT OF COSTS, AND PROVIDING A PE THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Definition of Nuisance. Paragraph (e) of Sec. 2 (Nuisances Affecting Health) of Ordinance No. 1031 is hereby amended to read as follows: (e) All -noxious The following vegetation: (i) all poisonous plants, including, but not limited to, poison ivy, poison oak and ragweed, (ii) all weeds, including, but not limited to, those which are noxious as defined by state law, (iii) any accumulation of dead weeds, grass, brush or other vegetation, and (iv) and all other rank growths of grass or grass -like vegetationT-laelsdlag-an-y-g-rasa-or weeds standing over ene-feet six inches high, or which have gone or are about to go to seed, and which are situated within 500 feet of any residence or within 100 feet of any regularly -travelled road, alley or street; provided that part (iv) of this subparagraph shall not be deemed to apply to weeds; -grass -or -ether -growths vegetation so situated that it is extremely difficult to mow or remove them, and provided further that none of this subparagraph shall apply to land owned by, or subject to easements in favor of, the City and maintained by the City as a natural open space area. Sec. 2. Penalty. Sec. 5 of Ordinance No. 1031 is amended to read as follows: Sec. 5. Penalty. Any person who shall knowingly cause or create any nuisance or permit any nuisance to be created or to be placed upon or to remain upon any premises owned or occupied by him shall upon conviction thereof be deemed guilty of a misdemeanor, and shall be paalsl�ed-by-a-€lae-a€-net-lean-tl�aa-$�-aer-mere-tkan-�99 and-Bests-ea-by-�aprlse�eat-ia-the-ufllage-er-eet�at3�-jail-€er-ae� less-tl�aff-Else-days-r�ec-mere-tYtsa-99-e�sys;-grovre�eel;-tkat-fn-e�►eat-of €allure-to-ga}�-Bay-€#ae-er-Busts-assessed-apse-a$y-persea-he�gy-be Bea€lae�-#a-tke-�Fll�ege-er-eeunty-Jaff-until-said-fine-an&-costs-are sat#sf#ed,--and-net-te-exceed-4A-daps subject to penalties pursuant to Ordinance No. 175. Sec. 3. Notice, Abatement and Assessment. In addition to the misdemeanor and penalty provisions of Sec. 5 of this Ordinance, the City, acting by and through the City Manager, Building Official or Health Officer, or as to paragraph (e) of Sec. 2 of this ordinance, the City weed inspector or any assistant weed inspector, may give notice to the 3646C(11):TSE:100883 owner and occupant, if other than owner, of the premises upon which the nuisance exists or is being maintained, requiring removal or eradication of such nuisance, and upon failure of such owner or occupant to remove or eradicate such nuisance within the time and in the manner specified in such notice, the City may act to remove or eradicate such nuisance and charge the cost thereof to such owner or occupant, with interest thereon, and to certify such costs, with interest, to the Auditor of Hennepin County, Minnesota for collection as other taxes upon such premises are collected. Such notice, removal or eradication by the City, interest and certification to the Auditor shall be done and determined pursuant to the provisions of Minnesota Statutes, Section 18.271, whether or not such nuisance relates to removal or eradication of noxious weeds, except that the form of such notice shall be as prescribed by the City Manager. Sec. 4. This ordinance shall be in full force and effect immediately upon its passage and publication. First Reading: Second Reading: Published in the Edina Sun on ATTEST: City Clerk Mayor -2- DORSEY & WHITNEY Mr. Kenneth E. Rosland October 10, 1983 Page Two put the ordinances in final form for approval by Council. Very truly yours, i TSE:jd Thomas S. Erickson enclosures cc w/enclosures: Ms. Marcella Daehn P.S. I am advised that Edina made Channel 11 news because of this reduction in grass height. There were some rumors about Edina citizens now measuring their grass or their neighbors' grass to maintain that "Edina look." TSE i i ORDINANCE NO. 406 A5 AN ORDINANCE AMENDING CITY ORDINANCE NO. 406 BY ADOPTING APPENDIX E OF THE MINNESOTA STATE BUILDING CODE, THE OPTIONAL PROVISIONS FOR INSTALLATION OF ON -PREMISES FIRE SUPPRESSION SYSTEMS. THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Adoption of Appendix E (Minnesota State Building Code) By Reference. Section 1 of Ordinance No. 406 is amended by adding a new subsection (e), as follows: "(e) MSBC, Appendix E (Optional Provisions for Installation of On -Premises Fire Suppression System." Section 2. Codes on File. Sec. 2 of Ordinance No. 406 is amended by adding a new subsection (1) as follows: 11(1) Optional Provisions for Installation of On -Premises Fire Suppression System, identified as 2 MCAR § 1.10020." Section 3. This ordinance shall be in full force and effect immediately upon its passage and publication. First Reading: Second Reading: Published in the Edina Sun on ATTEST: City Clerk Mayor AFFIDAVIT OF PUBLICATION Edina-Morningside Courier 12 Suburban Square Hopkins, Minnesota State of Minnesota County of Hennepin ) SS. W. JOHN BERTRAM, being duly sworn, on oath says he is and during all the times herein stated has been the general manager and printer of the newspaper known as The Edina-Morningside Courier and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. (5) Said newspaper purports to serve the Village of Edina in the County of. Hennepin and it has its known office of issue in the City of Hopkins in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main- tained by the managing officer or persons in its employ and subject to his direction and con. trol during all such regular business hours and devoted exclusively during such regular business hours to the business of the newspaper and business related thereto. (6) Said news- paper files a copy of each issue immediately with the State Historical Society. (7) Said news- paper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed .... Ordinance hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for .. 1 .. successive weeks; that it was first so published on . Thurs.... the .... Jth.... day of Ct. t ... 19 67 and was thereafter printed and published on every ............... to and including the day of 19 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdef ghijklmn o pq rs tuvwxyz Subscribed and sworn to before me this .5.t day of ...... tOCt........... ..... (Notarial Seal) Alice J. Nelson, Notary Pu Hc, HennepCount�" e My Commission Expires December 26, 1973 ORDINANCE ADO] FOR THE YEAR 1 SHOP You car? I THE VILLAGE C( LOVELY SOTA, DOES ORDAI] Sectioif' 1. The Bu year 1968 is hereby are hereby appropri GOVI COU GENERAL FUND GENERAL GOVI Mayor and Coun Planning Administration ' Election in your roon Assessing Legal and Court Library this easy -to - TOTAL GENER, finish ... PUBLIC WORKS Administrat Engineeringion SUPER KEM-TONE — Highways deluxe latex Washabie TOTAL PUBLIC PROTECTION OF paint. One Coat CO' Police most colors. Dries it Fire Civilian Defense minutes to a soft vC Public Health Animal Control sheen. Hundreds of cc Inspection to choose from. TOTAL PROTEi NON -DE nE: Contingenciecies Settlement of Su Special Assessn 65 Unallocated Ca Capital Improve TOTAL MISCEI GALLON TOTAL GE] PARK FUND Administration Recreation Maintenance SHERWIN-WILLIAA Capital Outlay TOTAL PARK 1 WAL Section 2. Estim: For WAL hereby established a: GENERAL FUND Village share -St. Washable, durable, ecoi Licenses and P to apply With brush or Municipal Court Departmental S( In 1 hOUf ... 12 C010t Other Transfer from Matching Colors in Exce; State Apportion State Apportion TOTAL vENER SHERWIN-WILLIA. PARK FUND Transfer unappr EXCELLO Registration Fe SEMI -GLOSS Other Transfer from TOTAL PARK E NAME i PARK CONSTRUC Transfer from TOTAL EST 95. Section 3. That real and personal p sufficient to produce For the Genera QUA For the Park For the Poor I For the Firemc For Fire Prote For Bonds and and THE SHERm 701 N. Third St. Section 4. This ( 336-4667 adoption and publica Adopted this 25th c 1820 W. 50th St ATTEST: (Signed) 1 927-6868 51 Phale i Affidavit of Publication EDINA-MORNINOSIDE COURIER Edina, Minnesota In The Matter Of SUNNEWSPAPEDQ AFFIDAVIT OF PUBLICATION 0 ytt EDINA SUN 6601 W. 78th St. Bloomington, Minnesota State of Minnesota 1 County of Hennepin j SS. W. JOHN BERTRAM, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known as The Edina Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in, printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. (5) Said newspaper purports to serve the City of Edina in the County of Hennepin and it has its known office of issue in the Cityi of Bloomington in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main- tained by the managing officer or persons in its employ and subject to his direction and con- trol during all such regular business hours and devoted exclusively during such regular business hours to the business of the newspaper and business related thereto. (6) Said news- paper files a copy of each issue immediately with the State Historical Society. (7) Said news- paper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed , �¢`�SL�IAI�T t, 1 ...1.6 ................ .hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for .... .. successive weeks that it was first so `�l'1 S 1G day of ...... dL t . (38 published on the .. . .. ......... 19 ..... 1,3 and was thereafter printed and published on every 1 jla' '...... to and including r1 ilbtl • the 1Xay of , , " tip 6@nd that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is 'hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: ab c def ghi jklmnopgrstuvwxyz Subscribed and sworn to before me this /� day of ..........C_/... 4 19. .... (Notarial Seal) Barbara Samuelson, Notary Public, Ramsey County, Minn. My Commission Expires November 8, 1971 VILLAGE OF1cationEDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 ORDINANCE NO. 16.12 ORDINANCE ADOPTING BUDGET FOR THE VILLAGE OF EDINA FOR THE YEAR 1969, ;AND ESTABLISHING TAX LEVY; FOR THE YEAR 1968, PAYABLE THE VILLAGE COUNCIL OF ,THE VILLAGE OF EDINA, M.1N- NESOTA, DOES ORDAIN AS FOL. LOWS: THE VILLAGE OF' THE VILLAGE OFCOUNCIL EDINA, MIN. NESOTA, DOES ORDAIN AS FOL. LOWS: Section 1. The Budget for dar Year 1969 is hereby adopted as i the Village of Edina for the Galen• ;1 'hereinafter set forth: and I funds; are hereby apl,.opriated there. GENERAL GENERAL FUND GENERAL GOVERNMENT Mayor and Council $ 11,400 Planning 24,772 Administration 73.333 Finance 61,070 Election 4,745 Assessing 69,586 Legal and Court Services Library TOTAL GENERAL GOVERNMENT PUBLIC WORKS Administration Engineering Highways 36,460 18, 720 i $ 300.0861 $ 24,0251 192,495 1 718.496 TOTAL PUBLIC WORKS $ 935,016 PROTECTION OF PERSONS AND PROPERTY Police $ 567,634 Fire Civilian Defense 236,980 3,592 Public Health 28,755 Animal Control 15,600 Inspection 47,528 TOTAL PROTEC- TION OF PERSONS AND PROPERTY 900.089 NON -DEPARTMENTAL .. EXPENDITURES Contingencies $ 15,000 Settlement of Suits 500 Special Assessments on Village Property j Unallocated Capital 40,000 Outlay 16,3921 'tal Improvements 50,0001 '13TAL MISCELLA- NEOUS AND CON. TINGENCIES $ 121,892 TOTAL GENERAL FUND $2,257,083 j tPARK FUND Administration $ 83,735I Recreation 52,7901 Maintenance 110,920 Capital Outlay 14,2001 TOTAL PARK FUND $ 261,645 Section 2. Estimated Receipts other than General Tax Levy are ereby established as hereinafter) set forth: GENERAL FUND Village share -State and Cigarette 1 Taxes es ' $ 126,080 Licenses and Permits 105,100 Municipal Court Fines 50,000 Departmental Service Charges 187,862j Other 73,150; Transfer from Liquor Fund 25,502; State Apportionments. Highways 44,500 j State Apportionments. Sales Tax 194,617: Library rent -Hennepin County- 36,218,: TOTAL GENERAL FUND $ 843,029 PARK FUND S Registration Fees $ 27,000 Other 1,000 Transfer from General Fund 119,498 TOTAL PARK FUND $ 147,498 PARK CONSTRUCTION FUND Transfer from General Fund $ 80.000 TOTAL ESTIMATED RECEIPTS $1,070,527 Section 3. That there be and hereby is levied upon all taxable real and personal property in the Village of Edina, a tax rate suf- ficient to produce the amounts hereinafter set forth: For the General Fund $1,414,054 For the Park Fund ' 114,147 For the Poor Fund 14,980 For the Firemen's Relief 5,600 For Fire Protection 16,800 For Bonds and Interest 63,000 $1,628,581 Section 4. This ordinance shall he in effect from and after its adoption and publications ,accord- ing to law. Adopted this 30th day of Septem• ber, 1968.' (Signed) ARTHUR C. BREDESEN, JR. Mayor ATTEST: (Signed) FORENCE B. HALLBERG Village Clerk (Oct. 10, 1968)-EC•2A-10C File No. _ Affidavit of Publication EDINA SUN Edina, Minnesota In The Matter Of SUNNEWSPAPERS AFFIDAVIT OF PUBLICATION 0 EDINA ,SUN 6601 W. 78th St. Bloomington, Minnesota State of Minnesota County of Hennepin f SS. J. R. RI'TCHAY, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known as The Edina Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 5017o of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 q of its total circulation currently paid or no more L`ian three months in arrears and has entry as second-class matter in its local post -office. (5) Said newspaper purports to serve the City of Edina in the County of Hennepin and it has its known office of issue in the City, of Bloomington in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main- tained by the managing officer or persons in its employ- and subject to his direction and con- trol during all such regular business hours and devoted exclusively during such regular business hours to the business of the newspaper and business related thereto. (6) Said news- paper files a copy of each issue immediately with the State Historical Society. (7) Said news. paper has complied wzi`i all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. ORDINANCE NO. 16-13 He further states on oath that the printed ...... hereto attached as a part hereof was cut from the columns of said newspaper, and was printed J14:0 Lill Sico Inc., has anno ORDINANCE ADOPTITWIlson, 7124 Glouches 1970,HE VILLAGE C AND ESTABLIS ernational operations, T ORDAIN AS FOLLOWS:ggrowing international rr Section 1. The Bud adopted as hereinafter se Wilson, formerly assi GENERALFUND Will headquarter here GENERALGOVERMI (1 Mayor and Councii.be United States. Planning Administration Kermit Wilson, in m Finance Election � =rowth in internatione Assessing )ace which requires tl Legal and Court Se Library .tonal structure and t TOTAL GENERAIlemand on domestic PUBLIC WORKS 'ilitieS." Administration Engineering; The company preside Highways lomestic sales orga TOTAL PUBLIC iior, Minn., was promt PROTECTION OF PER Ponce is assistant sales I.Ian Fire Civilian Defense Shea will have resl Public Health •egions in this COuntr} Animal Control Inspection arthy, vice president-S TOTALPROTI Paul D. Enghauser ' NON-DEPAB.TMENTA71on three. He will hea Contingencies Settlement of suits efforts in Ohio, Miehig Special Assessment, Unallocated Capitaltucky. He formerly he Capital Improvemenn Human Rights Comfartmentmenager. TOTAL. MISCELL TOTAL GENERAL 1 PARKFUND Administration and published therein in the English language, once each week, for successive weeks: g Recreation Maintenance Capital Outlay PARK FUD t� Oct. that it was first so published on Thurs • the 2 day of Oct4 . 1969 Section 2. Estimated as hereinafter set forth: GENERALFUND Village share -State L and was thereafter printed and published on every to and including Licenses and Permits Municipal Court Fines Departmental Service Other Transfer from Liquor State Apportionments-t the day of 19 and that the following is a printed copy Library rent -Hennepin of the lower case alphabet from A to Z. both inclusive, and is hereby acknowledged as being TOTAL GENERAL 1 the size and kind of type used in the composition and publication of said notice, to wit: PARK FUND abcdefghijklmnopgrstuvwxyz Registration Fees abcdefghi)klmnopgrstu,xwxyz Other Transfer from General TOTAL PARK FUND PARK CONSTRUCTION FU" Transfer from General TOTAL ESTIMATED Section 3. That there bo in the Village of I Subscribed and sworn to before me this day of IS f property inafter set forth: For the General Fund For the Park Fund For the Poor Fund For the Firemen's Relie (Notarial Seal) For Fire Protection For Bonds and Interest Barbara Samuelson, Notary Public, Ramsey County, Minn. Section 4. This ordinance licalions according to law. Adapted this 29th day of Se My Commission Expires November 8, 1971 ATTEST: (S)FLORENCEB.I Village Clerk File No. _ Affidavit of Publication EDINA SUN Edina, Minnesota In The Matter Of SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION EDINA SUN 6601 W. 78th St. State of Minnesota ss. County of Hennepin Bloomington, Minnesota J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known as The Edina Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. (5) Said newspaper purports to serve the City of Edina in the County of Hennepin and it has its known office of issue in the City of Bloomington in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours to the business of the newspaper and business related thereto. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed ordinance hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for successive weeks; that it was first so published onThurS. the ISI day of Oct. , 19_10_ and was thereafter printed and published on every. to and including the day of , 19 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to -wit: abcdefghi j klmnopgrstuvwxyz abcdefghijkimnopgrstuvwxvz �f�co Subscribed and sworn to before me this 13t day of October 19 70 (Notarial Seal) Alice J. Nelson, Notary Public, Hennepin County, Minn. My Commission Expires December 26, 1973 ORDINANCE ADOPTINGI AND ESTABLISHING TAX THE VILLAGE COL' DAIN AS FOLLOWS: Section 1. The Budge adopted as hereinafter set GENERALFUND GENERALGOVERNMI Mayor and Council Planning Administration Finance Election Assessing Legal and Court Servvi Library i TOTAL GENERA PUBLIC WORKS Administration Engineering Highways TOTAL PUBLIC PROTECTION OF PERI� Police Fire Civilian Defense Public Health Animal Control The I► , 0f Help Undersi a Death Inspection The further we TOTALPROTE1 t the more medningfl AND PROPER' NON-DEPARTMENTA an island unto hirn1 Contingencies hers is not a task ea Special ent of Assessment,, Special Assessmenl� and understanding t Unallocated Capital When a death occ Caperner Human Rights Corm HumanRightImprCorm understanding show The people to whot TOTAL MISCEI CONTiNGENC' ments. TOTAL GENE] We believe, too, measured by the clef PARK FUND a mortuary staff hay Administration Recreation family Is looked u p Maintenance Capital Outlay extent of help will b i� tuary's existence". TOTAL PARK If, However, the Section 2 Estir hereinafter set forth. Sincere Understandln difficult GENERAL FUND period, help Village share-Stat different divisions w Cigarette Taxes even extend Into a Licenses and Pen MunicipalCourt I p funeral. Department Sery Through gh the years, Transfer frornLu gratitude to Welandei State Apportionm Library Rent -He, effort in their behalf. TOTAL. GE.N PARK FUND Registration Fee Other Transfer from C TOTAL PAF PARK CONSTRUC Transfer from TOTAL ES1 Section 3. Tha in the Village of Edi For General Fu F U ►!J E R A For the Park Fi For the Poor Fi For the Fireme Five chapel-, d pe/, For Fire Prote t0 Serve yOUr neighbi: For Bonds and EDINA CHAPEL 5116 Vernon Ave. S. He Section 4. T 929-8574 according to law. Adopted thi NORTH CHAPEL ATTEST:. W Bd.W y.. at Fremo (Signed) FLORE Village Clerk 529-9201 Pile No Affidavit of Publication EDINA SUN Edina, Minnesota In The Matter Of AFFIDAVIT OF PUBLICATION Edina-Morningside Courier 12 Suburban Square State of Minnesota �SS. County of Hennepin Hopkins, Minnesota JOHN E. TILTON, being duly sworn, on oath says he is and during all the times herein stated has been the publisher and printer of the newspaper known as The Edina-Morningside Courier and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. (5) Said newspaper purports to serve the Villages of Edina and Morningside in the County of Hennepin and it has its known office of issue in the City of Hopkins in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the publisher of said newspaper and subject to his direction and control during all such regular business hours and at which said newspaper is printed. (6) Said news- paper files a copy of each issue immediately with the State Historical Society. (7) Said news- paper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed ...... ord 1T1aTiC@ ........................................... hereto attached as a part hereof was cut from the columns of said newspaper, and was printed 1 and published therein in the English language, once each week, for ........ successive weeks; that it was first so `! hors. the ..29th Sept • 19 661 published on ......... day of .......... and was thereafter printed and published on every ........... . _ ......... I to and including the . ...... day of 19 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: ab cdefghi jkimnopgrstuvwxyz :... ... Subscribed and sworn to before me this f..9.th. y of .......set.' ................. 19 66 (Notarial Seal) Alice J. Nelson, Notary Public, Hennepin County, Minn. My Commission Expires December 26, 1966 (Official Publication) ORDINANCE NO. 16-10 ORDINANCE ADOPTING BUDGET FOR THE VILLAGE OF EDINA FOR THE YEAR 1967, AND ESTABLISHING TAX LEVY FOR THE YEAR 1966 PAYABLE IN 1967 THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MIN- NESOTA, DOES ORDAIN AS FOL- LOWS: Section 1. The Budget for the Village of Edina for the calendar year 1967 is hereby adopted as hereinafter set forth; and funds are hereby apprpriated therefor; GENERAL FUND GENERAL GOVERNMENT Mayor and Council $10,340 Administration 61,975 Finance 55,143 Assessing 55,089 Legal and Court Services 32,680 Library 5,280 Election 4,082 Planning 17,852 TOTAL GENERAL GOVERNMENT $242,441 PUBLIC WORKS Administration $19,967 Engineering 114,773 Highways 480,650 TOTAL PUBLIC WORKS 615,390 PROTECTION OF PERSONS AND PROPERTY Police $368,979 Fire 174,691 Civilian Defehs6', 3,070 Public Health 21,343 Animal Control 14,700 Inspection 39,196 TOTAL PROTECTION OF PERSONS AND PROPERTY 621,979 NON-DEP4RRTMENTAL EXMNDITURES Contidgencies $ 15,000 Settlement of Suits WE Special Assessments on Village Property 35,000 Unallocated Capital Outlay 10,00C Capital Improvements 100,00C TOTAL MISCELLANEOUS AND CONTINGENCIES 160,500 TOTAL GENERAL FUND $1,640,310 PARK FUND Supervision and Overhead $50,479 Recreation 42,800 Maintenance 78,838 Capital Outlay 7,500 TOTAL PARK FUND $179,617 ' Section 2. Estimated Receipts other than General Tax Levy are hereby established as hereinafter set forth: GENERAL FUND Village Share -State Liquor and Cigarette Taxes $119,739 Licenses and Permits 72,87E Municipal Court 45,000 Departmental Service Charges 140,084 Other 43,000 rransfer from Liquor Fund 81,283 State Apportionments - Highways 42,000 TOTAL GENERAL FUND $543,984 ,ARK FUND Transfer unappropriated surplus $6,000 Registration Fees 22,000 Other 1,000 Transfer from General Fund 63,717 TOTAL PARK FUND 92,917 PARK CONSTRUCTION FUND Transfer from General Fund 80,000 TOTAL ESTIMATED RECEIPTS $716,901 Section 3. That there be ano hereby is levied upon all taxable real and personal property in the Village of Edina, a tax rate suf- ficient to produce the amounts hereinafter set forth: For the General Fund $1,096,326 For the Park Fund 86,900 For the Poor Fund 14,980 For the Firemen's Relief 4,350 For Fire Protection 13,OOC For Bonds and Interest 62,600 For Hennepin County Park Reserve District 4,305 TOTAL $1,282, 461 Section 4. This ordinance shall be in effect from and after its adoption and publication accord- ing to law. Adopted this 19th day of Sep- tember, 1966. (S)ARTHUR C. BREDESEN, JR. Mayor ATTEST: (S)FLORENCE B. HALLBERG, Village Clerk (Sept. 29, 1966)-C-2A-10C AFFIDAVIT OF PUBLICATION Edina-Morningside Courier 12 Suburban Square State of Minnesota SS. County of Hennepin Hopkins, Minnesota JOHN E. TILTON, being duly sworn, on oath says he is and during all the times herein stated has been the publisher and printer of the newspaper known as The Edina-Morningside Courier and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. (5) Said newspaper purports to serve the Villages of Edina and Morningside in the County of Hennepin and it has its known office of issue to the City of Hopkins in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the publisher of said newspaper and subject to his direction and control during all such regular business hours and at which said newspaper is printed. (6) Said news- paper files a copy of each issue immediately with the State Historical Society. (7) Said news- paper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed ..... , qid 1i12 Y1CG' .i-n.................................... hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for .. Z. . successive weeks that It was first so published on !1j1r3.* .... the .. � .t�...... , day of Opp' t+ and was thereafter printed and published on every to and including the . _ ...... day of . ..... 19 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghi jklmnopgptuvwxy z ...4.......................... Subscribed and sworn to before me this 2 7't hday of ....... Septr .................. (Notarial Seal) ....)ublic:, ........ Alice J. Nelson, NotaryHennepin County, Minn. My Commission Expires December 26, 1966 (Official Publication) 01tDINANCE NO. 16-10 ORDINANCE ADOPTING BUDGET FOR THE VILLAGE OF EDINA FOR THE YEAR 1967, AND ESTABLISHING TAX LEVY FOR THE YEAR 1966 PAYABLE IN 1967 THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MIN- NESOTA, DOES ORDAIN AS FOL- LOWS: Section 1. The Budget for the Village of Edina for the calendar year 1967 is hereby adopted as hereinafter set forth; and funds are hereby apprpriated therefor; GENERAL FUND GENERAL GOVERNMENT Mayor and Council $10,340 Administration 61,975 Finance 55,143 Assessing 55,089 Legal and Court Services 32,680 Library 5,280 Election 4,082 Planning 17,852 TOTAL GENERAL GOVERNMENT $242,441 PUBLIC WORKS Administration $19,967 Engineering 114,773 Highways 480,650 TOTAL PUBLIC WORKS 615,390 PROTECTION OF PERSONS AND PROPERTY Police $368,979 Fire 174,6911 Civilian Defense 3,070 Public Health 21,343 Animal Control 14,700 Inspection 39,196 TOTAL PROTECTION OF PERSONS AND PROPERTY 621,979 NON -DEPARTMENTAL EXPENDITURES Contingencies $ 15,000 Settlement of Suits 500 Special Assessments on Village Property 35,000 Unallocated Capital Outlay 10,000 Capital Improvements 100,000 TOTAL MISCELLANEOUS AND CONTINGENCIES 160,500 TOTAL GENERAL FUND $1,640,310 PARK FUND Supervision and Overhead $50,479 Recreation 42,800 Maintenance 78,838 Capital Outlay 7,500 TOTAL PARK FUND $179,617 Section 2. Estimated Receipts other than General Tax Levy are hereby established as hereinafter set forth: GENERAL FUND Village Share -State Liquor and Cigarette Taxes $119,739 Licenses and Permits 72,878 Municipal Court 45,000 Departmental Service Charges 140,084 Other 43,000 Transfer from Liquor Fund 81,283 State Apportionments - Highways 42,000' TOTAL GENERAL FUND $543,984 ARK FUND Transfer unappropriated surplus $6,000, Registration Fees 22,0001 Other 1,000 Transfer from General Fund 63,717 TOTAL PARK FUND 92,917 PARK CONSTRUCTION FUND Transfer from General Fund 80,000 TOTAL ESTIMATED RECEIPTS $716,901 Section 3. That herd e be and hereby is levied ti n all taxable real and personal pFoperty in the Village of •Ltlina, a tax rate suf. ficient to produce the amounts her Yo1,e eGrasrrrker$1,096,326 P86,900 i e 14,980 hlief 4,350FFFFo13OOC For Bonds and Interest 62,600 For Hennepin County Park Reserve District 4,305 TOTAL $1,282,461 Section 4. This ordinance shall be in effect from and after its adoption and publication accord- ing to law. Adopted this 19th day of Sep- tember, 1966. (S)ARTHUR C. BREDESEN, JR. Mayor ATTEST: (S)FLORENCE B. HALLBERG, Village Clerk (Sept. 29, 1966)-C-2A-IOC Affidavit of Publication EDINA-MORNINGSIDE COURIER Edina, Minnesota In The Matter 4f Nmf- SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION EDINA SUN 7401 Bush Lake Road State of Minnesota County of Hennepin - (Official Publication) CITY OF EDINA 4801 W. 50TH STREET Edina, Minnesota 55424 NOTICE OF PUBLIC HEARING ON STREET NAME CHANGE EDINA CITY COUNCIL will meet at the Edina City Hall on Monday, November 2, 1981, at 7:00 p.m., and will, at said time and place, consider the petition for the change of Roushar Court to "Habitat Circle". All recommendations and objec- tions will be heard at said meeting. BY ORDER OF' THE EDINA CITY COUNCIL. FLORENCE B. HALLBERG City Clerk (Oct. 21. 1981)-ED Edina, Minnesota D. K. MORTENSON, being duly sworn, on oath says he is and during all times here stated has been the vice president and general manager of the newspaper know as The Edina Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once every week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisement. (4) Said newspaper is circulated in and near the municipalities which it purports tc serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second- class matter in its local post -office (5) Said newspaper purports to serve the City of Edina in the County of Hennepin and it has its known office of issue in the City of Edina in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours and at which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper is made available at single or subscription prices to any person, corporation, partnership or other unincorporated association requesting the newspaper and making the applicable payment. (8) Said newspaper has complied with all foregoing conditions for at least one year preceding the day or dates of publication mentioned below. (9) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter and affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before amotary public stating that the newspaper is a legal newspaper. He further states on oath that the printed Notice of Public Hearing hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for one successive weeks; that it was first so published on Wed the 21 day of Oct 19-8-1— and was thereafter printed and published on every to and including the day of , 19 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghij klmnopgrstuvwxyz Subscribed and sworn to before me this 21 day of Oct 19 81 MERIDEL M. HEDBLOM NOTARY PUBLIC • MINNESOTA HENNEPIN COUNTY My commission expires July 2, 1986 SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION EDINA SUN 7401 Bush Lake Road State of Minnesota County of Hennepin (Official Publication) CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 STREET NAME CHANGE ORDINANCE 14 THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, OR- DAIJIS: Section 1. Roushar Court is hereby renamed "Waterford Court". Sec, 2. This ordinance shall be in full force and effect on December 16, 1981, upon its publication. First Reading: December 7, 1981 Second Reading: Waived (s) C. WAYNE COURTNEY Mayor ATTEST: (s) FLORENCE B. HALLBERG City Clerk (Dec. 16, 1981)-ED 2A 1C Edina, Minnesota D. K. MORTENSON, being duly sworn, on oath says he is and during all times here stated has been the vice president and general manager of the newspaper know as The Edina Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once every week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisement. (4) Said newspaper is circulated in and near the municipalities which it purports tc serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second- class matter in its local post -office (5) Said newspaper purports to serve the City of Edina in the County of Hennepin and it has its known office of issue in the City of Edina in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours and at which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper is made available at single or subscription prices to any person, corporation, partnership or other unincorporated association requesting the newspaper and making the applicable payment. (8) Said newspaper has complied with all foregoing conditions for at least one year preceding the day or dates of publication mentioned below. (9) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter and affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed Notice of Street Name Change hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, fobsuccessive weeks; that it was first so published on Wed the 16 day of Dec 19 81 and was thereafter printed and published on every to and including the day of , 19 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghijklmnopgrstuvwxyz Subscribed and sworn to before me MERIDEL M. HEDBLOM NOTARY PUBLIC • MINNESOTA HENNEPIN COUNTY My commission expires July 2,1986 16 day of DeC 19 81 SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION EDINA SUN 7401 Bush Lake Road Edina, Minnesota State of Minnesota County of Hennepin D. K. MORTENSON, being duly sworn, on oath says he is and during all times here stated has been the vice president and general manager of the newspaper know as The Edina Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once every week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisement. (4) Said newspaper is circulated in and near the municipalities which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second- class matter in its local post -office (5) Said newspaper purports to serve the City of Edina in the County of Hennepin and it has its known office of issue in the City of Edina in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours and at which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper is made available at single or subscription prices to any person, corporation, partnership or other unincorporated association requesting the newspaper and making the applicable payment. (8) Said newspaper has complied with all foregoing conditions for at least one year preceding the day or dates of publication mentioned below. (9) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter and affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. (Official Publication) CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 STREET NAME CHANGE ORDINANCE 13 THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, OR- DAINS: Section 1. Larada Lane in Parkwood Knolls 14th Addition is hereby renamed "Kelsey Terrace". Sec. 2. This ordinance shall be in full force and effect on April 16, 1980, upon its publication. First Reading: April7, 1980 Second Reading: Waived (signed) JAMES VAN VALKENBURG Mayor ATTEST: (signed) FLORENCE B. HALLBERG City Clerk (April 16, 1980)-ED 2A 1C He further states on oath that the printed Street Name Change Ord. 13 hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for One successive weeks; that it was first so published on Wed the 16 day of April 19 80 and was thereafter printed and published on every to and including the day of , 19 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abed o f ghi j kl m nopq rstu v w xyz Subscribed and sworn to before me this 16 day of April 19 $O �'� MENDEL M. HEDBLOM NOTAP,Y PUBLIC - MINNESOTA HENNEPIN COUNTY My commission expires July 2, 1986 vvpfol 3yj� SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION EDINA SUN 7401 Bush Lake Road Edina, Minnesota State of Minnesota County of Hennepin D. K. MORTENSON, being duly sworn, on oath says he is and during all times here stated has been the vice president and general manager of the newspaper know as The Edina Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once every week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisement. (4) Said newspaper is circulated in and near the municipalities which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second- class matter in its local post -office (5) Said newspaper purports to serve the City of Edina in the County of Hennepin and it has its known office of issue in the City of Edina in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours and at which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper is made available at single or subscription prices to any person, corporation, partnership or other unincorporated association requesting the newspaper and making the applicable payment. (8) Said newspaper has complied with all foregoing conditions for at least one year preceding the day or dates of publication mentioned below. (9) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter and affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed Notice of Public Hearing hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for Orie successive weeks; that it was first so published on Wed the 26 day of March 19 80 and was thereafter printed and published on every to and including the day of , 19 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: a bcdef gh ij kl mn opgrstuv w xyz t - X. ;?�W� Subscribed and sworn to before me this 26 day of March , 19 80 t DEL M. HEDBLOM ARY PUBLIC - MINNISOT/&HENNEPIN COUNTY expires July 2, 1986 sUN NEWSPAPERS AFFIDAVIT OF PUBLICATION EDINA SUN 7401 Bush Lake Road State of Minnesota 55. County of Hennepin Edina, Minnesota DON R. LARSON, being duly sworn, on oath says he is and during all times here stated has been the president and printer of the newspaper known as The Edina Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. (5) Said newspaper purports to serve the City of Edina in the County of Hennepin and it has its known office of issue in the City of Edina in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours and at which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper is made available at single or subscription prices to any person, corporation, partnership or other unincorpo- rated association requesting the newspaper and making the applicable payment. (8) Said newspaper -has complied with all foregoing conditions for at least one year preceding the day or dates of publication mentioned below. (9) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. (Official Publication) - CITY OF EDINA 4801 W. 50th STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON STREET NAME CHANGE EDINA CITY COUNCIL will meet at the Edina City Hall on Monday, November 19, 1979, at 7:00 p.m., and will, at said time and place, consider the petition for the change of the name of Limerick Lane in Brookview Heights 5th Addition; to "Limerick Drive." All recommendations and objec- tions will be heard at said meeting BY ORDER OF THE EDINA CITY COUNCIL FLORENCE B. HALLBERG City Clerk (Nov. 7 do 14, 1979). ED He further states on oath that the printers Notice of Pub 1 i c Hearing on Street Change hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for t W n successive weeks; that it was first so published on Wed the 7 day of N O V eMb e r , 19_ 7 9 and was thereafter printed and published on every Wednesday to and including Wed the 14 day of NOV , 19,a and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to -wit: abcdefghijklmnopgrstuvwxyz ff Subscribed and sworn to before me this 14 day of N o V e Alb e r , 19-_i9 MERIDEL M. HEDBLOM NOTARY PUBLIC - MINNESOTA ` HENNEPIN COUNTY My commission expires July 2, 1986 PETITION FOR STREET NAME CHANGE TO THE HONORABLE COUNCIL OF THE CITY OF EDINA: GENTLEMEN and MRS. SCHMIDT: The undersigned are the owners of property abutting on Edina Industrial Boulevard, and do hereby petition the Council to change the name of a part of Edina Industrial Boulevard to Bush Lake Road. The parcel designated as "Edina Industrial Boulevard" between Lots 10 and 11 of Block 3, and Lot 1, Block 8 of Edina Interchange Center is known as "Edina Industrial Boulevard". Bush Lake Road is immediately to the North and South thereof and the change in name on the one street is confusing. Petitioners request that that part of said street shown on the attached Section Map be changed to Bush Lake Road. WESTERN NATIONAL MUTUAL INSURANCE CO. RE: Lot 1, Block 8, Edina Intep6hange Center BY:�� DATED: July A62' , 1979. AIARFIELD INVESTMENT CO. BY RE: Lots 10 and 11; Block 3, Edina Interchange Center ConZZ16"t'l Vindtle : L. Gu�KSchoenecker 0,21 200 400 f e et 05)0 (1) )D fj)INA CONDO Apr. Ow'. AjC, 99 N 01,65 C2) 23787 C10, G z� :1 0 q19 64 EDINA-24 66 4,, 2 e a ^ice `Q — w 4 WESTI th ST --7 2 Q: 396,11 3 CO) 5 89'36 28'E W .wfxm� 7 Z �' 4 X 4 6 4 Zo wE31 76th ST. Vie ti C, cc 0 . zi 0 Z C: C) 2 -4 it � ee 7 4 0 7— I aFj:l 4 414 40 JI'l ADD. 4:3 32 60 N89 i7 03 CITY OF BLOOMINGTON e6 A -none -I r,r Pare HKy 4, es —e c.7 -x. 8 E J 0 10 8 Ott 9 10 co .00PO -- --, --= tA; 6^ NDUSTRIA— CILEVARD STp i4 k 2- 4;5 54 .......... ALVER R. FREEMAN County Surveyor Hennepin County, Minnesota REVISED 3/79 SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION EDINA SUN 7401 Bush Lake Road State of Minnesota ss. County of Hennepin Edina, Minnesota DON R. LARSON, being duly sworn, on oath says he is and during all times here stated has been the president and printer of the newspaper known as The Edina Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. (5) Said newspaper purports to serve the City of Edina in the County of Hennepin and it has its known office of issue in the City of Edina in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours and at which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper is made available at single or subscription prices to any person, corporation, partnership or other unincorpo- rated association requesting the newspaper and making the applicable payment. (8) Said newspaper has complied with all foregoing conditions for at least one year preceding the day or dates of publication mentioned below. (9) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1,1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. Notice of Public Hearing He further states on oath that the printed On Street Name ( `ha nee hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for OI16 —successive weeks; that it was first so published or Wed the 5 day of Sept , 19-17 and was thereafter printed and published on every to and including the day of , 19— and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to -wit: abcdefghijklmnopgrstuvwxyz Subscribed and sworn to before me this 5 day of September , 1919 MERIDEL M. HEDBLOM ' NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY My commission expires July 2, 1986 (Official Publication) CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON STREET NAME CHANGE NOTICE IS HEREBY GIVEN that the Edina City Council will meet on Monday September 17. 1979. at 7:00 o'clock p.m. in the Council Chambers of the Edina City Hall. 4801 W. 50th Street to consider the following street n:nne change: Edina Industrial Boulevard be- tween Bush Lake Road and W. 78th Street to "Bush Lake Road". All comments end reconunenda- lions will be heard at said meeting. HY OIIDF,R OF THE. EDINA CITY COUNCIL. FLORENCE B. HALLBERG City Clerk (Sept. 5, 1979)-E.D SUNNEWSPAPERS AFFIDAVIT OF PUBLICATION EDINA SUN 7401 Bush Lake Road State of Minnesota ss. County of Hennepin Edina, Minnesota DON R. LARSON, being duly sworn, on oath says he is and during all times here stated has been the president and printer of the newspaper known as The Edina Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. (5) Said newspaper purports to serve the City of Edina in the County of Hennepin and it has its known office of issue in the City of Edina in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours and at which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper is made available at single or subscription prices to any person, corporation, partnership or other unincorpo- rated association requesting the newspaper and making the applicable payment. (8) Said newspaper has complied with all foregoing conditions for at least one year preceding the day or dates of publication mentioned below. (9) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January I thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printers Ordinance 12 hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for on e successive weeks; that it was first so published on W e d the 28 day of 11 O V 19 7 9 and was thereafter printed and published on every to and including the day of , 19_ and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to -wit: abcdefghij klmnopgrstuvwxyz Subscribed and sworn to before me this 28 day of 111 O V , 19 7 9 MERIDEL M. HEDBLOM @IOTARY PUBLIC • MINNESOTA HENNEPIN COUNTY My commission expires July 2, 1986 (Official Publication) CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 STREET NAME CHANGE ORDINANCE 12 THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, OR- DAINS: Section 1. Limerick Lane in Brookvie'w Heights 5th Addition is hereby roomed "Limerick Drive." Sec. 2. IHIs ordinan" shall be in full force and effect on November 28, 1979, upon its publication. First Reading: November 19, 1979 Second Reading :• ived (s) JAMES VAN URG, 'NO -+'Mayor ATTEST: (s) FLORENCE B. HALLBERG, City Clerk (Nov. 28, 1979)-ED-2A 1C SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION EDINA SUN 6601 W. 78th St. Bloomington, Minnesota State of Minnesota SS. County of Hennepin J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known as The Edina Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50% of its news columns &voted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. (5) Said newspaper purports to serve the City of Edina in the County of Hennepin and it has its known office of issue in the City of Bloomingtcn in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours and at which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper is made available at single or subscription prices to any person, corporation, partnership or other unincorporated association requesting the newspaper and making the applicable payment. (8) Said newspaper has complied with all foregoing conditions for at least one year preceding the day or dates of publication mentioned below. (9) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. Proposed Street Name Change He further states on oath that the printed Notice of Public Hearing hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for One successive weeks: that it was first so published on Wed the 15 day of March , 19-1 and was thereafter printed and published on every to and including the day of , 19_ and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to -wit: abedefghijklmnopgrstuvwxvz A/// I Subscribed and sworn to before me this 15 day of March , 19-7_8 VCAROLYNI WHITE +h NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY My commission Expires Aug. 18, 1984 (Official Publication) CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON a PROPOSED STREET NAME CHANGE EDINA CITY COUNCIL will meet at the Edina City Hall on Monday, April 3, 1978, at 7:00 p.m. to consider the following street name change: Florence Lane in Lyle Bucha- nan Addition to "Coventry Way." All comments and recommenda- tions will be heard at said hearing. BY ORDER OF THE EDINA CITY COUNCIL. FLORENCE B. HALLBERG City Clerk (Mar. 15, 1978)—ED File Affidavit of Publication EDINA SUN Edina, Minnesota In The Matter Of PETITION FOR STREET NAME CHANGE TO THE HONORABLE COUNCIL OF THE CITY OF EDINA: GENTLEMEN: The undersigned are the owners and/or tenants of property abutting on and hereby petition the Council to change the name of E/ore.4c:F, I.Qr e, in the City of Edina, Minnesota, to �, n e. n }r v (,L10..[ Dated 4- /) - 7J'' SIGNATURE ADDRESS DESCRIPTION OF PROPERTY TENANT -OWNER SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION EDINA SUN 6601 W. 78th St. Bloomington, Minnesota State of Minnesota ss. County of Hennepin J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known as The Edina Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. (5) Said newspaper purports to serve the City of Edina in the County of Hennepin and it has its known office of issue in the City of Bloomingtcn in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours and at which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper is made available at single or subscription prices to any person, corporation, partnership or other unincorporated association requesting the newspaper and making the applicable payment. (8) Said newspaper has complied with all foregoing conditions for at least one year preceding the day or dates of publication mentioned below. (9) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. (Official Publication) STREET NAME CHANGE ORDINANCE 10 THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Florence Lane is hereby renamed "Coventry Way." T Sec. 2. This ordinance shall be full force and eff0t on,May 1, 19 B� and upon its publication. First Reading April 3, 1978 Second Relad 8g: Waived (s) JA 8 V. N VALKENBURG ATTEST: Mayor (s) FLORENCE B. HALLBERG City Clerk (April 12, 1978)—ED He further states on oath that the printed Street Name Change Ordinance 10 hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for Orie successive weeks; that it was first so published on Wed the 12 day of April , 19_8 and was thereafter printed and published on every to and including the day of , 19— and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to -wit: a bcdefghi j klmnopgrstuvwx yz Subscribed and sworn to before me this 12 day of April 192 rymd:; 511 PHYLLI S. 3A?T)N NOTARY PUBLIC • :s INNi:SOT� •���� Hcf::dEPlii COUNTY -i-. R4y Commission Expires Aug. 19. 1984 File No Affidavit of Publication EDINA SUN Edina, Minnesota In The Matter Of AFFIDAVIT OF PUBLICATION Edina-Morningside Courier 12 Suburban Square State of Minnesota County of Hennepin SS. Hopkins, Minnesota W. JOHN BERTRAM, being duly sworn, on oath says he is and during all the times herein stated has been the general manager and printer of the newspaper known as The Edina-Morningside Courier and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. (5) Said newspaper purports to serve the Village of Edina in the County of Hennepin and it has its known office of issue in the City of Hopkins in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main- tained by the managing officer or persons in its employ and subject to his direction and con- trol during all such regular business hours and devoted exclusively during such regular business hours to the business of the newspaper and business related thereto. (6) Said news. paper files a copy of each issue immediately with the State Historical Society. (7) Said news- paper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the 'Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed.... oj'(ii17an.c8 ... . . . .. . .. . ...... . . . . . . ... . hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for .l ..... successive weeks; that it was first so published on JhVT41... the . 8 }1.. .... day of ...J.une 19 67 and was thereafter printed and published on every to and including the ... .... day of .. 19 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghiJklmnopgrstuvwxyz Subscribed and sworn to before me this ....{'h.. day of .......J��.............. 19 67. (Notarial Seal) Alice J. Nelson, 4'Nt.Pubes He County, Minn. My Commission Expires December 26, 1973 (Official Publication) VILLAGE OF EDINA 4801 W. 50TH STREET EDINA, MINN. 55424 ORDINANCE NO. 164-36 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDI. NANCE NO. 164 ENTITLED "AN ORDINANCE NAMING AND RENAMING CERTAIN ROADS, STREETS AND AVENUES OF THE VILLAGE OF EDINA" THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MIN- NESOTA, ORDAINS: Section 1. Ordinance No. 164 of the Village, as amended is hereby further amended by adding after Section 61 the following: "Section 62. 'Crosstown -County 18 Frontage Road' as the sameof record in the office of the Register of Deeds of Hennepin County is hereby renamed 'McCauley Trail'. Section 2. This Ordinance shall be in effect from and after its passage and publication. First Reading: June 5, 1967 Second Reading: W6i4ed Adopted: June 5, 1967 (S) ARTHUR C. BREDESEN, JR. ATTEST: Mayor (S) FLORENCE B. HALLBERG Village Clerk (June 8, 1967)--C.2A-lOC Affidavit of Publication EDINA-MORNINGSIDE COURIER Edina, Minnesota In The Matter Of SUNNEWSPAPERS AFFIDAVIT OF PUBLICATION Edina Sun 12 Suburban Square State of Minnesota County of Hennepin SS. Hopkins, Minnesota W. JOHN BERTRAM, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known as The Edina Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 squares inches. (2) Said newspaper is a weeklyand is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. (5) Said newspaper purports to serve the City of Edina in the County of Hennepin and it has its known office of issue in the City of Hopkins in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main- tained by the managing officer or persons in its employ and subject to his direction and con- trol during all such regular business hours and devoted exclusively during such regular business hours to the business of the newspaper and business related thereto. (6) Said news- paper files a copy of each issue immediately with the State Historical Society. (7) Said news- paper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed , ORDI.NANCE..NO......164..—41 ......... .......................... hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for .. 1 .... successive weeks: that it was first so published on .Thursw. the ... 18 .... y da of April 19 68 . ........ .... and was thereafter printed and published on every Thurs.s , to and including ... the . 18.. day of April 19 68 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is 'hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdef g hijklmnopgrstuvwxyz ........................ Subscribed and sworn to before me this ......� day of ..... 71.�''? ...... 19�!� (Notarial Seal) .... ---7 Barbara Samuelson, Notary Public, Ramsey County, Minn. My Commission Expires November 8, 1971 (Official Publication) VILLAGE OF EDINA 4801 W. 50th STREET EDINA, MINNESOTA 55424 ORDINANCE NO. Ig4-41 AN ORDINANCE AMENDING V I L L A G E OF EDINA ORDI- NANCE NO. 164 ENTITLED "AN. ORDINANCE NAMING AND RE- NAMING CERTAIN STREETS, ROADS AND AVENUES OF THE VILLAGE OF EDINA" THE VILLAGE COUNCIL OF, THE VILLAGE OF EDINA, MIN-, NESOTA, ORDAINS: Section 1. Ordinance No. 164 of the Village, as amended, is here• by further amended by adding af• ter Section 67 the following; "Section 68. 'Motor S t r e e t' from Brookside Avenue to Rutledge Avenue as t h e same of record in the office of the Register of Deeds of Hennepin County is hereby named 'Brookside Court' ' Section 2. This ordinance shall be in effect from and after Its passage and publication. First Reading; April 1, 1968 Second Reading: April 15, 1968 ARTHUR C. BREDESEN, JR. ATTEST: Mayor FLORENCE B. HALLBERG Village Clerk (Apr. 18, 1968)—EC-2A.10c File No. Affidavit of Publication EDINA SUN Edina, Minnesota In The Matter Of ` SUNNEWSPAPERS AFFIDAVIT OF PUBLICATION 0 FDINA SUN 6601 W. 78th St. Bloomington, Minnesota State of Minnesota County of Hennepin T SS. W. JOHN BERTRAM, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known as The Edina Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form iOfficial Publication) equivalent in printed space to at least 900 square inches. (2) Said newspaper p p q p per is a weekly and Vi4LAGEOFEST. 9601 W. SOTH ST. is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted ED1N A. MINNESOTA 55424 to news of local interest to the community which it purports to serve and does not wholly ORDINANCE NO.164.42 duplicate any other publication and is not made up entirely of patents, plate matter and AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE NO. 164 ENTITLED advertisements. (4) Said newspaper is circulated in and near the municipality which it purports "AN ORDINANCE NAMING AND RENAM- to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of ING CERTAIN STREETS, ROADS AND at least 75% of its total circulation currently paid or no more than three months in arrears AVENUES OF THE VILLAGE OF EDINA" THE VILLAGE COUNCIL OF THE VIL- and has entry as second-class matter in its local post -office. (5) Said newspaper purports to LAGE OF EDINA. MINNESOTA. ORDAINS: iserve the City of Edina in -the County of Hennepin and it has its known office of section t. Ordinance No. fu of the nd- lage, as amended, is hereby further amend - issue in the Cityt of Bloomington in said county, established and open during its regular business ed by adding after Section 68 the following: hours for the gathering of news, sale of advertisements and sale of subscriptions and main. "Section 69. 'West 65th Street' from tained by the managing officer or persons in its employ and subject to his direction and con- Valley view Road to Rhe Of Drive as the same of record in the Officis e of the trol during all such regular business hours and devoted exclusively during such regular Register of Deeds, Hennepin County. is business hours to the business of the newspaper and business related thereto. (6) Said news- hereby named'Valley Lane"' paper files a copy of each issue immediately with the State His Society. (7) Said news- Section 2. This Ordinance shall be in ef- feet as of January 1. 1969. paper has complied with all the foregoing conditions for at least two years preceding the day First heading: November 18. 1%8 or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of Second Reading: December is, 1966 State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the signed) ARTHU R C. BREDESEN. J R. Mayor form prescribed by the Secretary of State and signed by the publisher of said newspaper and ATTEST: sworn to before a notary public stating that the newspaper is a legal newspaper. Signed) FLORENCE B. HALLBERG Village Clerk .Ian. 2. 1968)—EC-2A-16C He further states on oath that the printed ORDINANCE NO • 1.64-42 ..................I...I.......................... hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for . . . successive weeks; that it was first so published on Thurs. the .. 2. _ , , day of van...... 19 6 ... . and was thereafter printed and T:hurs• published on every _ .. to and including Thurs the . 2 day of ..Jan. 19 69 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and i , 'hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abc def ghi j klm nopgrs tuvwxyz abcdefghi j klmnopq rstu vwxyz Subscribed and sworn to before me this 1;Z day of ..... �r .. . (Notarial Seal) Barbara Samuelson, Notary Public, Ramsey County, Minn. My Commission Expires November 8, 1971 File No. _ Affidavit of Publication 0 EDINA SUN Edina, Minnesota In The Matter Of 0 SUNNEwsPAPERs AFFIDAVIT OF PUBLICATION 10 VIP FDINA SUN 6601 W. 78th St. Bloomington, Minnesota State of Minnesota County of Hennepin j SS. W. JOHN BERTRAM, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known as The Edina 'Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. (5) Said newspaper purports to serve the City of Edina in the County of Hennepin and it has its known office of issue in the City of Bloomington in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main- tained by the managing officer or persons in its employ and .subject to his direction and con- trol during all such regular business hours and devoted exclusively during such regular business hours to the business of the newspaper and business related thereto. (6) Said news- paper files a copy of each issue immediately with the State Historical Society. (7) Said news- paper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed NOTICE OF PUELIB HEARING ..................................... hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for .....`2. successive weeks; that it was first so published on Thur s . the 18....... day of .... 8.eP.t-... 196.9. and was thereafter printed and published on every Thurs . .... to and including Thur s • the 25 day of g eP t • 19 6 9 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is 'hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdef ghi j klmnopgrs tuvwxyz abcdefghij klm nopq rs to vwzyz Subscribed and sworn to before me this 1�?-7.. day of ....� . .. ,-- . , .. ..,.'........ 1� . (Notarial Seal) -ram rbara Samuelson, Notary Public, Ramsey County, Minn. My Commission Expires November 8, 1971 (Official Publication) VILLAGE OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON PROPOSED STREET NAME CHANGE EDINA VILLAGE COUNCIL will meet at the Edina Village Hall, 4801 West 50th Street, on Monday, October 6, 1969, at 7:00 p.m., and will at said place and time con- sider the following proposed street name change: Virginia Avenue between the Crosstown Highway and West 66th Street to "West Shore Drive" All persons desiring to be heard on the above street name change are requested to present themselves at said meeting. BY ORDER OF THE EDINA VILLAGE COUNCIL. FLORENCE B. HALLBERG Village Clerk (Sept. 18 & 25, 1969) — ED 2A 10C File No. Affidavit of Publication EDINA SUN Edina, Minnesota In The Matter Of SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION EDINA SUN 6601 W. 78th St. Bloomington, Minnesota State of Minnesota ss. County of Hennepin J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known as The Edina Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. (5) Said newspaper purports to serve the City of Edina in the County of Hennepin and it has its known office of issue in the City of Bloomington in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours to the business of the newspaper and business related thereto. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed Ordinance no, 3AA-1i hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English languag6, once each week, for —oj @successive weeks; that it was first so published on—thllP_ the 2 th day of Sept. , 19� and was thereafter printed and published on every to and including the day of , 19— and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to -wit: abcdefghi jklmnopgrstuvwxyz a be de f R h i j k l m n opq rs to m xyz Subscribed and sworn to before me this 21L th day of 89;ft- , 19-7— (Notarial Seal) Alice J. Nelson, Notary Publi, Hennepin County, Minn. My Commission Expires December 26, 1973 Pile No. Affidavit of Publication EDINA SUN Edina, Minnesota In The Matter Of SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION EDINA SUN 6601 W. 78th St. State of Minnesota s5. County of Hennepin Bloomington, Minnesota J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known as The Edina Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. (5) Said newspaper purports to serve the City of Edina in the County of Hennepin and it has its known office of issue in the City of Bloomington in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours to the business of the newspaper and business related thereto. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (6) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January I thereafter an affidavit in the form prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed Ordinance No. 1352-A1 hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English languag6, once each week, for one successive weeks; that it was first so published on 2h rS the 10th day of Feb 19 '72 and was thereafter printed and published on and including the day of , 19 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to -wit: abcdefghi j klmnopgrstuvwxyz abcdefghijklmnopgrstuv xvz Subscribed and sworn to before me this 1Qth day of F' eb 1912 (Notarial Seal) Alice J. Nelson, Notary Public,,Hennepin County, Minn. My Commission Expires December 26, 1973 'Official Publicaliow VILLAGE OF EDINA 4801 %% 50TH STREET EDINA. MINNESOT.A 55424 ORDINANCE NO. 1:152-AI AN ORDINANCE .AMENDING ORDI. NA.NCE NO. 1352 TO LIMIT THE HOURS OF OPERATION OF PHYSICAL CL'L. TI RE AND HEALTH SERVICES AND CIA BS AND SALONS, SAUNA PAR. LORS .AND MASSAGE PARLORS. AND RF,GL LATING MASSEURS AND MAS. SEISES. AND IMPSONG :A PENALTI' THE VILLAGE COUNCIL OF THE VIL. LAGE OF EDINA, MINNESOTA. ORDAINS: Section 1. Hours of Operation. Section 8 of Ordinance No, 1352 is hereby amended to read as follows, "Sec. 8. Hours of Operation. No li- censed operation shall be open for busi. ness. not, shall any patrons or customers be permitted on the premises, between the hours of 1 a.m. and 7 a.m. of each day. Sec 2. This ordinance shall be it. full force and effect upon its passage and pub- lication. First Reading: Februan• 7. 1972 SecohdReading, Waived s, RICH.ARDC. JOHNSOX Mayor Pro Tem ATTEST: ,s, FLORENCE B. HALLBERG Village Clerk Feb. 10. 1972—ED-2A-10C File No Affidavit of Publication EDINA SUN Edina, Minnesota In The Matter Of SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION EDINA SUN 6601 W. 78th St. Bloomington, Minnesota State of Minnesota ss. County of Hennepin J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known as The Edina Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. (5) Said newspaper purports to serve the City of Edina in the County of Hennepin and it has its known office of issue in the City of Bloomington in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours to the business of the newspaper and business related thereto. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed Ordinance No • 1352A1 hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English languag6, once each week, for OM successive weeks; that it was first so published on Thurs the loth day of Feb , 19?2 and was thereafter printed and published on every. to and including the day of , 19 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to -wit: abcdefghi j klmnopgrstuvwxyz abcdefghijklmnopgrstuvwxw / Subscribed and sworn to before me this 20th day ,, Feb , 19 72 (Notarial Seal) Alice J. Nelson, Notary Public, H nepin County, Minn. My Commission Expires December 26, 1973 File Affidavit of Publication EDINA SUN Edina, Minnesota In The Matter Of 44f- SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION EDINA SUN 7401 Bush Lake Road Edina, Minnesota State of Minnesota County of Hennepin D. K. MORTENSON, being duly sworn, on oath says he is and during all times here stated has been the vice president and general manager of the newspaper know as The Edina Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once every week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisement. (4) Said newspaper is circulated in and near the municipalities which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second- class matter in its local post -office (5) Said newspaper purports to serve the City of Edina in the County of Hennepin and it has its known office of issue in the City of Edina in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours and at which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper is made available at single or subscription prices to any person, corporation, partnership or other unincorporated association requesting the newspaper and making the applicable payment. (8) Said newspaper has complied with all foregoing conditions for at least one year preceding the day or dates of publication mentioned below. (9) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter and affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed No t i C e of Public Hearings hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, forOrie successive weeks; that it was first so published on Wed the 6 day of July , 19 83 and was thereafter printed and published on every to and including the day of , 19 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghij klmnopgrstuvwxyz Subscribed and sworn to before me this 12 day of July l9 8 3 MERIDEL M. HEDBLOM 140TARY PUBLIC - MINNESOTA `+ HENNEPIN COUNTY My commission expires July 2, 1986 (Official Publication) CITY OF EDINA 4901 WEST 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARINGS THE EDINA CITY COLNICIL will meet at the Edina City Wall, 4801 West 50th Street, on Mondli%, July 18, 1983, at 7:00 P.M. and wol at said time and place consider the follow- ing: Amendment to the Zoning Or- dinance to, permit accessory apart• ments as a.Conditional Use permitted in the R-1 Single Family Dwelling District. Jon DeMars Victorsen Application for Conditional Use Permit for 4544 France Avenue. Generally located west of Fkd 'e and north of 46th Street exte PreliminPlat Apghoval of Zup- pkewood, ggally loc 'led south of Evanswoodne and' t of Blake Road. Des cas LA Auditors Subdivision Number 32 Preliminary Plat proval for Smaby Replat of Lot 5 rden Park, generally located norit of Grove Street and West of M.NA. Railroad. Described as -the east 470.66 feet of the south 264feet of Lot 5 "Garden Park, Hennepin County,,Minnesota". All that part of the south 264 feet of Lot 6, "Garden Park, Hennepin Coun- ty, Minnesota" lying westerly of the right of way of the Minneapolis, Northfield and Southern Railroad, in- cluding that part of vacated Garden Avenue lying northerly of Grove Street. Amendment to the Zoning Or- dinance to Permit Indoor Soccer Arenas as a Principal Use in the Planned Industrial District. All recommendations and objec- tions will be heard at said meeting. BY ORDER OF THE EDINA CITY COUNCIL. MARCELLA M.DAEHN City Clerk (July 6, 1983)-ED 10A