HomeMy WebLinkAbout1982-08-16_COUNCIL MEETINGAGENDA
REGULAR MEETING
EDINA.CITY COUNCIL
AUGUST 16, 1982
7:00 P.M.
ROLLCALL
MINUTES of July 12 and 19, 1982, approved as submitted or corrected by motion of
, seconded by
CONSTITUTION WEEK PROCLAMATION
I., PUBLIC HEARINGS AND REPORTS ON ZONING MATTERS. Affidavits of Notice by Clerk.
Presentation by Planning Department. Spectators heard. First Reading of
Zoning Ordinance requires offering of Ordinance only. 4/5 favorable rollcall
vote to pass Second Reading or if Second Reading should be waived. Lot
Divisions, Flood Plain Permits, Plats, Appeals from Administrative or Board
of Appeals and Adjustments decisions require action by Resolution. 3/5
favorable rollcall vote to pass.
A. Second Reading
1. Ordinance No. 811 -A165 - (Marshall Everson) R -1 Residential District
to Heritage Preservation District - Generally located in Southwest
quadrant of W. 70th St. and Cahill Rd. - Z -82 -4 (CC- 7/19/82)
II. SPECIAL CONCERNS OF RESIDENTS
* A. Chamber of Commerce - Wine Licenses
B. Nuclear Weapons Freeze (The Reverend Andy Overman)
III. AWARD OF BIDS AND QUOTES Tabulations and Recommendations by.City Manager.
Action of Council by Motion.
* A. Braemar Picnic Shelter
B. School Parking Lot
IV. RECOMMENDATIONS AND REPORTS
A. Traffic °Safety Committee Minutes of August 10, 1982
* B. Appointment of Primary Election Judges
* C. Appointment of Primary Election Canvassing Board
D. League of Minnesota Cities Concerns
* 1. Pending Cable TV Legislation
E. Extension of Agreement with Nine Mile Village
F. Special Concerns of Mayor and Council
G. Post Agenda and Manager's Miscellaneous Items
V. COMMUNICATIONS
A. 100% Petition - Storm Sewer - W. 52nd Street between Halifax Ave. and
Gorgas Ave.
VI. RESOLUTIONS
* A. 100% Petitions - Street Surfacing Improvements P -BA -256 and P -BA -257
VII, ORDINANCES First Reading Requires offering of Ordinance only. 3/5 favor-
able rollcall vote to pass Second Reading. 4/5 favorable rollcall vote if
Second Reading should be waived
* A. Noise Restrictions - Ordinance No. 1032 -A2
Council Agenda
August 16, .1982
Page Two
VIII. FINANCE
A. Assignment of Securities - Northwest National Bank of Minneapolis
* B. Liquor Fund as of 4/30/82 and 5/31/82
C. 1981 Audit (Continued from.8 /2/82)
D. Claims Paid - Motion of , seconded by for payment of
the following Claims as per Pre -List: General Fund, $134,244.56; Park
Fund, $32,292.98; Art Center, $860.37; Park Construction, $151.39;
Swimming Pool, $4,267.85; Golf Course, $17,541.98; Recreation Center,
$4,013.84; Gun Range, $3,830.63; Water Fund, $5,528.60; Sewer Fund,
$153,580.96; Liquor Fund, $1,797.63; Construction,.$317,015.31; Total,
$675,126.10; and for confirmation of payment of the following Claims:
General Fund, $63,463.76; Park Fund, $512.61; Art Center, $860.31; Pool,
$4,291.30; Golf Course, $7,051.44; Recreation, $4,336.39; Gun Range,
$159.84; Water Fund, $23,847.88; Sewer Fund, $1,796.91; Liquor Fund,
$241,742.73; Construction, $3,960.00; Total, $352,023.17
MOCITY OF
1XE®INA
4801 WEST 50TH STREET, EDINA, MINNESOTA 55424
612 - 927 -8861
PROCLAMATION
WHEREAS, It is the ptivitege and duty o6 the AmeAican Peopte to commem-
o&ate the one hundred ninety -6i6th anni.vetusany o5 the adoption
o6 the Constitution o6 the United States o6 AmeAica with
app&opAiate ce&emonies and activctties; and
WHEREAS, Pubt i.c Law No. 915 guaAantees the issuing o6 a p&oc- amati.on,
by the P&es.ident o6 the United States o6 AmeA ica, designating
Septembe& 17 though 23 o6 each yeah as Constitution Week;
NOW, THEREFORE, 1, C. WAVNE COURTNEY, by v Atue of the authonity
vested in me as Mayon of the City of Edina, do hereby p&oceai.m
the week o6 Septembe& 17 ttwugh 23 o6 each yeah as
CONSTITUTION WEEK
and urge aU citizens to study the Constitution, to exp &ess
gratitude 6o& the pni.vitege of American citizenship in our
Repubti.c 6unc ion.ing undeA the supeAb body o6 taws - the
Constitution of the United States o6 Amehica.
IN WITNESS WHEREOF, I have set my hand and caused the Seaf- o6 the City
o6 Edina to be a�6ixed at Edina, Minnesota, this 16th day o4 August in
the yea& o6 out LoAd one thousand nine hundred and eighty -two and the
independence o b the United States o6 America, the two hund &ed and s ixth .
C. -Wayne Couhtney
Mayo&
11303
Z 3 �-
/ I
MEMORANDUM
TO: MAYOR AND COUNCIL 1.
FROM: KENNETH ROSLAND, CITY MANAGER
SUBJECT: ON -SALE WINE LICENSING
DATE: JULY 16, 1982
Attached please find a memorandum from-Tom Erickson dated February of 1980
regarding the wine license issue which reads, "The City Council has no authority
to submit this question to a vote of the people nor to pay the cost of such an
election." In my discussions with Tom, the question seems to boil down to the
following.
The City Council, if they so desired, could authorize the placement of the wine
licensing question on the Fall ballot. There are several things, however, that
would have to be recognized by the public and those people interested in placing
the question on the ballot:
1) The City Council would have the sole authority on how to phrase the
question.
2) It would have to be stated strongly that this was an advisory vote only
and the authority to issue on -sale wine licenses would still belong to
the City Council.
3) That no public dollars be spent on the election regarding this wine
licensing issue.
As we interpret or understand the law, this means that the question could be placed
on the ballot if the proponents would pay for the cost of the election. There
probably are several ways that could be ascertained, but the simplest method seems
to be if at the election the lever is pulled 15 times we would simply divide the
total cost of the election by 15. Obviously, 1/15 of that would have to be paid
by the proponents of this wine licensing issue. Whether the City Council authorizes
the advisory vote is still-their decision.
I think the Council has possibly three alternatives to consider at this time:
1) Bring in the Chamber of Commerce and the other wine proponents to discuss
the issue at a Council meeting along with the obvious opponents.
2) To either authorize or not authorize on -sale wine licensing.
3) To place it on the Fall ballot as an advisory vote.
This memorandum briefly outlines some of your possibilities regarding thi.s question.
However, I am sure there are many and we probably should discuss them briefly at
the meeting Monday night.
City Manager
KER:md
attachment
DORSEY, WINDHORST, HANNAFORD, WHITNEY & HALLADAY
HENRY HALLADAY 1NOMAS O. MOE
JULE M- HANNAEORO JAMES M OHAGAN
ARTHUR B. WHITNEY JOHN M -MASON
RUSSELL W LINDOUIST LOREN R. KNOTT
DAVID R. BRINK PHILLIP H. MARTIN
HORACE HITCH REESE C JOHNSON
ROBERT J. JOHNSON CHARLES J. HAUENSTEIN
MAYNARD B. MASSELOUIST CHARLES A. GEER
PETER DORSEY JOHN C. ZWAKMAN
GEORGE P. FLANNERY JOHN R WICKS
CURTIS L. RO7 EUGENE L JOHNSON
ARTHUR E. WEISBERG JOHN W WINDMORST, JP..
DUANE E. JOSEPH MICHAEL PRICHARD
JAMES B, VESSEY JOHN P. VITKO
WILLIAM A WHITLOCK WILLIAM R. SOTH
EDWARD J. SCHWARTZBAUER RICHARD G SWANSON
THOMAS M. BROWN FAITH L OHMAN
CDR NCLIUS D. MAHONEY. JR. DAVID A RANHEIM
WILLIAM C. BABCOCK ROBERT J. SILVERMAN
THOMAS 5. ERICKSON THOMAS R. MANTHEY
MICHAEL E. BRESS WILLIAM R. HIBBS
RAYMOND A. REISTER PHILIP F. BOCLTEP.
JOHN J. TAYLOR WILLIAM B PAYNE
WILLIAM J. HEMPEL ROBERT A. HEIBERG
JOHN S HIBBS JOHN D. KIRBY
ROBERT O. FLOTTEN ROBERT A. SCHWARTZBAUER
JOHN D, LEVINE DAVID N. FPONEK
ROBERT J. STRUYK THOMAS W. TINKHAM
MICHAEL A OLSON JON F. TUTTLE
LARRY W. JOHNSON EMERY W. BARTLE
THOMAS S. MAY WILLIAM A. JON N STONE
G. LARRY GRIFFITH STEVEN K. CHAMPLIN
CRAIG A. BECK MICHAEL J. RADMER
DAVID L MtCUSMEY MICHAEL TRUCANO
2300 FIRST NATIONAL BANK BUILDING
JAMES A. FLADER
THOMAS D. VANDER MOLEN
DAVID L BOEMNEN
MARK A JARBOE
MINNEAPOLIS, M I N N E S O TA 5 5 4 0 2
NICKEL A LAFOND
PAUL B KLAAS
DON M CARLSON
MARGERY K. OTTO
PAUL J. SCMECRER
RONALD J. BROWN
12) 340-2600
wILIJAM J. KEPPEL
MARC L KRUGER
(6
FRANK" VOIGT
CATHERINE A BARTLETT
WILLIAM M. HIPPEEJR
DAVID J. LUBBEN
CABLE: DOROW
ROBERT A. BURNS
BRUCE J. SHNIDER
ROGER J. MAGNUSON
GEORGE G. ECK
TELEX: 29 -0605
PETER 5. NENDRUSON
DARRON C KNUTSON
TELECOPIER:16121340 -2868
JAY F. COOK
STANLEY M. REIN
BARBARA S. FARRELL
LENZA McELRATH. JR.
CHARLES L POTUZNIK
MARIANNE 0. SHORT
880 W— FIRST NATIONAL BANK BLDG.
VERLANC L ENDOW
DENNIS P. BURATTI
MICHAEL E. REESLUND
ELIZABETH A GOODMAN
ST. PAUL,MINNESOTA 65101
ROBERT LNOBBINS
MARIANNE E DURKIN
16121 227 -8017
BARRY D. GLAZER
JOHN K. ELLINGBOE
IRVING WEISER
ROBERT Dw ER, JR.
STEPHEN E. GOTTSCHALK
BRIAN L NORDWALL
IIS THIRD STREET SOUTHWEST
KENNETH LCUTLER
BRUIN CPALMER
ROCHESTER, MINNESOTA 55901
OWEN C MARK
J. ROBERT HIBBS
MICHAEL 7, WESTERMEYER
JEROME P. GILLIGAN
15071 286 -3156
MICNALL LMURPHY
DIANE D. MALFELD
GARY M. JOHNSON
DEBORAH S, KLEINMAN
ROBERT G. BAYER
WILLIAM J. BERENS
312 FIRST NATIONAL BANK BLDG.
SUZANNE B VAN DYK
STUART R. MEMPMILL
JAMES D. ALT
WAYZATA. MINNESOTA 55391
JDAVID JACKSON
16121 476 — 0373
W. CHARLES LANTZ
STEVEN F WOLGAMOT
J, MAROUIS EASTWOOD
OF COUNSEL
(�
February 16,
EDWARD J. PLUIMER
WALDO F. MARGWRr
19 81
JAMES E. BOw LUIS
JOHN F. FINN
Mr. Kenneth E. Rosland
City Manager
City of Edina
4801 West 50th Street
Edina, Minnesota 55424
Re: On -Sale Wine Licenses
Dear Ken:
We understand that there has been considerable dis-
cussion-as to whether or not the City Council should pass an
ordinance authorizing the issuance of on -sale wine licenses
pursuant to Minnesota Statutes § 340.11, Subd. 20. We further
understand that the Mayor has expressed some concern about the
enactment by the City Council of such an ordinance without
knowledge as to the public sentiment concerning this issue.
In connection therewith, please be advised that the
question of whether or not such an ordinance should be enacted -
rests entirely within the discretion of the City Council. The
City Council has no authority to submit this question to a vote
of the people nor to pay the cost of such'an election. There
is, however, no. reason why the private proponents of such an
ordinance cannot determine public sentiment upon the issue at
their own cost and by their own methods.
TSE/ lr
cc.
,�Florence Hallberg
Very truly yours,
T'hmas S. Erickson
g
l;
1
Page 4A —Sun Newspapers —Wed., August 4, 1982
i
1
I
i
II
i
El
4 E y 1 oint
r
editorials
Some of Edina's res-
T ®pie is: ' taurant owners have
wanted to serve wine to
licensing their customers. Others
have no interest in wine.
for wine Many Edina residents
wat to have a cocktail
with dinner at a restaurant, and they must leave
Edina to find a restaurant licensed for liquor.
They must travel to find wine, as well. No one is
proposing liquor licensing and there is no reason
to believe that it will be proposed in the fore-
seeable future.
Wine licensing has been under discusssion for
about a year. Several restaurateurs have de-
scribed how they felt when customers sat down,
looked at the menu and asked for a glass of wine
— then departed without ordering in search of
wine at some other city's restaurant. That busi-
ness is lost to Edina — and the jobs it supports —
and many Edinans recognize that business is not
easy to capture these days.
There will be ample time to discuss the -
question of wine licenses. City council members
Views ®n As American industry
has lost international
American market position to other
countries, one reason
productivity given is - lack of prod-
uctivity in the U.S.
Roer
tion was recently hired by ahmajor internatioorganiza-
nal
financial institution to study industry leader
i attitudes on reasons for our lack of productivity
as compared to views held by the general public.
The study was qualified as possibly not complete -
lY representative of all executives but it did
disclose interesting comparisons.
Are manufacturing and processing plants in
°ther countries more modern and automated and
I)rcxluce with fewer man hours of labor? Fifty -
three Ixr cent of the executives felt this was a
111''Jor r "i'son for our lesser position but only 31
1A 1( "Alt of the general public thought so.
have indicated unanimously that they fee]
swell of public opinion even for placing the i�su�.
on the ballot in November. Before that
happen, the council needs a good show ng q
people who favor wine licensing. That opporv"gi.
ty will be Aug. 16.
The pros and cons of licensing can be disco = -r]
at that council meeting ... and should be. But
most important point is that the people of
be allowed to decide the issue.
There is every reason to think that the fiti e
people who make up the Edina City Council
recognize a sincere interest in the topic if
expressed Aug. 16. If few restaurant own -,
business people or residents of the city sho%v
well, the council will know how to interpret
situation.
Wine licensing could be a real "plus" for
restaurants. First -class restaurants ran.:-.,7,
from Charlie's to Chouette to The Boulevarc
the Orion Room have closed in recent weeks.
a tough business and each restaurateur ought
have what he or she needs for success.
ly enough, but 35 per cent of the general pubic
thought so.
One would have to conclude in analyzing all :-e
answers that the executives were mer=-
progressive than the general public and hat
more faith in the American working person.
Some other attitudes were queried, Seve z-
eight per cent of the chief executives felt that
reasonable amount of leisure time was a prig r
lege and only 20 per cent thought it a right. In u*
general public 45 per cent thought it a privileg
and 52 per cent a right. Of the executives 51 pe.
cent thought adequate medical care a privilrze
vs. 26 per cent of the general public. But 71 pe-
cent of the general public thought adequ_ztf
medical care was a right whereas 41 per cent of
the business people called it a right.
Of the business leaders, 69 per cent thought an
adequate standard of living a privilege and 20 }_,-
cent identified it a. ,a ri„►,. D,- : -. _`
a
N .
August 7, 1982
Dear Mayor Courtney and Other Edina Councilmembers,
Once again the wine license issue is before us - -- and once again my.concern
for_our community surfaces. The pros and cons remain the same but some of
the names and pl�sces have been changed. The reference "just wine" is still
being used, and "just wine" is still an alcoholic beverage. The consumption
of alcoholic beverages leads to one of the biggest social problems our society
faces --- the tragic consequences of which are splattered an all our papers
every day from the front page through the sports section. Treatment centers
continue to flourish with more being established all the time. Teen-age
drinking is more and more a problem and seems to be starting at a younger
and younger age, and the problem is enhanced with more mothers working and
more young prople being unsupervised. So, all in all, it seems things have not
changed for the better on the "cause" end in the many years we have been
forced to deal with this.issue..
So what will we do? Will we give up and give in as it would appear the
restaurant people are banking on since they all opened here surely knowing
the laws and ordinances? Or will we "hang in there" for what we h�_ve always
felt is best for our community --- regardless of the part alcohol pays or
toes not play in our individual 'lives? I hope the latter is true, and I feel
(2eatly reassured when I know how hard this city as worked for many years
8 of which I have lived here) to earn the reputation of being an exemplary,
trend - setting, well - planned, concerned community - -- a leader, not a follower:
If we cannot or will not - -- stand up against the "profit over principle ",
who will: And who will - -- or can - -- explain our failure to do so to our.
young people after all the alcohol and drug education we've attempted to give
then, and after what many of them have seen first hand in their homes and in
the lives of some of their friends. Actually our actions will speak much
lodder thag6ur words, so whatever the decision they will catch on quickly:
In an attempt to keep this somewhat brief (gitice there is so much that
could be said on the' subject) .I would like to quickly touch on two items.
One, the attached. little card put out by the Dei*rtmant of Pul+l.ic 9afp,tq
seems to consolidate some infor -ative - -- and perha.ns surrr_ising - -- facts.
The cards are available for the asT•ing and could be offered to any and all
interested. Two, I feel it should be made ynown that all the well -vnown
recently closed restaurants in the Twin Cities area did have wine and/or
hard liquor licenses, but that did not prevent their demise.
I would like to express my gratitude for your persistance in holding firm
on.this issue all these years. At the same time, I would like to appeal to you
to look very closely at all the available facts on alcohol in today's society
and let that be the basis on which your decision is made - - - - -- regardless of
the number of bodies representing either side. at the Council meeting on.'
August 16th., or profit - motivated self - serving pressure.
Ttank you for your time and attention in reading this. I plan to be at the
meeting on the 16th., but am terrifed at the thlught of getting on my feet
to express myself. Please understand my failure to talk does not indicate
any lack of conviction or change of mind and heart - -- but just stage fright.
I trust and have every reason to believe a wise and right decision will once
again__be- made -in -- favor- of-NOT-- issu -ing wine-licenses -in -Edina.- - -- - -
With every confidence and all sincerity;-,
� -�t- ��
�� � � 0 t�ev� c -� d; l A � � �C�-�
—.— w�he �,(C�nflKl
�0� L'uk✓
fL��
MEMORANDUM
TO: MAYOR AND COUNCIL
FROM: KENNETH ROSLAND, CITY MANAGER
SUBJECT: ON -SALE WINE LICENSING
DATE: JULY 16, 1982
Attached please find a memorandum from Tom Erickson dated February of 1980
regarding the wine license issue which reads, "The City Council has no authority
to submit this question to a vote of the people nor to pay the cost of such an
election." In my discussions with Tom, the question seems to boil down to the
following.
The City Council, if they so desired, could authorize the placement of the wine
licensing question on the Fall ballot. There are several things, however, that
would have to be recognized by the public and those people interested in placing
the question on the ballot:
1) The City Council would have the sole authority on how to phrase the
question.
2) It would have to be stated strongly that this was an advisory vote only
'and the authority to issue on -sale wine licenses would still belong to
the City Council.
3) That no public dollars be spent on the election regarding this wine
licensing issue..
As.we interpret or understand the law, this means that the question could be placed
on the ballot if the proponents would pay for the cost of the election. There
probably are several ways that could be ascertained, but the simplest method seems
to be if at the election the lever is pulled 15 times we would simply divide the
total cost of the election by 15. Obviously, 1/15 of that would have to be paid
by the proponents of this wine licensing issue. Whether the City Council authorizes
the advisory vote is still their decision.
I think the Council has possibly three alternatives to consider at this time:
1) Bring in the Chamber of.Commerce and the other wine proponents to discuss
the issue at a Council meeting along with the obvious opponents.
2) To either authorize or not authorize on -sale wine licensing.
3) To place it on the Fall ballot as an advisory vote.
This memorandum briefly outlines some of your possibilities regarding this question.
However, I am sure there are many and we probably should discuss them briefly at
City Manager
KER:md
attachment
FA
..
DORSEY, WINDHORST, HANNAFORD, WHITNEY 8, HALLADAY
HENRY MALLADAY THOMAS 0 MOE
JULE M HANNAFORD JAMES M OHAGAN
ARTHUR B WHITNEY JOHN M MASON
RUSSELL W LINDQUIST LOREN P KNOTT
DAVID R BRINK PHILLIP H MARTIN
HORACE HITCH REESE C JOHNSON
ROBE FIT J JOHNSON CMAHLFS J HAUENSTEIN
WYWRD B MASSELOVIST CHARLES A GEER
PETER DORSEY JOHN C ZWAKMAN
GEORGE P FLANNERY JOHN R WICKS
CURTIS L ROY EUGENE L JOHNSON
ARTHUR E. WEISBERG JOHN W WINDHORSI.JR-
DUANE E JOSEPH MICHAEL PPICHARD
JAMES 0 VESSEY JOHN P VITYO
WILLIAM A WHITLOCK WILLIAM R SOTH
EDWARD J. SCH'WARTZBAUER RICHARD G SWANSON
THOMAS M BROWN FAITH L. OMMAN
CORNELIUS D MAHONEY. JR DAVID A RANHEIM
ST
LLIAN C BABCOCK ROBERT J SILVERMAN
THOMAS 5 ERICKSON THOMAS R MANTHEY
MICHAEL C DRESS WILLIAM R. MIBBS
RAYMOND A. REISIEIt PHILIP F. BOELIER
JOHN J TAYLOR WILLIAM B PAYNE
WILLIAM J HEMPEL ROBERT A HEIBERG
JOHN S MIDOS JOHN D KIRBY
ROBERT 0 FLOTIEN ROBERT A. SCHWARTIBAUER
JOHN D LCVINE DAVID N. FRONEK
ROBERT J STRUYK THOMAS W TINKHAM
MICHAEL A. OLSON JON F. TUTTLE
LARRY W JOHNS014 EMERY W BARTLE
1MOMAS S MAY WILLIAM A. JOHNSTONE
G. LARRY GRIFFITH STEVEN K. CHAMPLIN
CRAIG A BECK MICHAEL J RADMER
DAVID L. MCCUSKEY MICHAEL TRUCANO
2300 FIRST NATIONAL BANK BUILDING
JAMES A FLAMER
THOMAS O VANDER MOLEN
DAVID L BOEMNEN
MARK A JARBOE
MINNEAPOLIS, MINNESOTA 5 8 4 0 2
MICHEL A LAFOND
DON D. CARLSON
PAUL B KLAAS
MARGERY K OTTO '
PAUL J. SCHEERER
RONALD J BROWN
WILLIAM J KEPPCL
MARC L KRUGER
( 612) 340-2600
FRANK H VOIGT
CATHERINE A BARTLETT
WILLIAM M. HIPPEE, JR
DAVID J LUBSEN
CABLE: DOROW
ROBERT A BURNS
ROGER J. MAGNUSON
BRUCE J SHNIDER
GEORGE G ECK
TELEX' 29 -0606
PETER S HENDRIASON
DARRON C KNU7SON
JAY F. COOK
BARBARA B FARRELL
TELECOPIER:(612) 340 -2868
STANLEY REIN
LEND MYELRATH,JR.
CHARLES L POTUZNIK
MARIANNE D SHORT
VERLANE L ENDORF
MICHAEL E RECSLUND
880 W -FIRST NATIONAL BANK BLDG.
DENNIS P BURATTI
ELIZABETH A GOODMAN
ST. PAUL,MINNESOTA 55101
ROBERT I. MOBBINS
MARIANNE E DURKIN
16121 227- 6017
BARRY D GLAZER
IRVING WEISER
JOHN K ELLINGBOE
ROBERT J DWYER.JR.
•
STEPHEN C G07TSCHALK
BRIAN L NORCWALL
115 THIRD STREET SOUTHWEST
KENNETH L. CUTLER
OW[N C MARK
BRIAN HAEL7 WEST
MICHAEL 1 WC SIERMEYCR
ROCHESTER, MINNESOTA 55901
J.ROBER7 HIBBS
JEROME P GILLIGAN
16071 268 - 3156
MICHAEL E MURPHY
WRY M JOHNSON
DIANE 0 MALFELD
DEBORAH S KLEINMAN
ROBERT G BAYER
WILLIAM J. BERENS
SUZANNE B VAN DYK
JAMES D ALT
312 FIRST NATIONAL BANK BLDG.
STUART R HEMPHILL
WAYZATA, MINNESOTA 55391
JDAVID JACKSON
(6121 476 -0373
W. CHARLES LANTZ
STEVEN f WOLGAMOT
J. MARQUIS EASTWOOD
OF COUNSEL
C (�
February 1 6 , 19 81
EDWARD E. BOWLMER
JAMES C. BOWLUS
WALDO. FINN UARi
JOHN F. FINN
Mr. Kenneth E. Rosland
City Manager
City of Edina
4801 West 50th Street
Edina, Minnesota 55424
Re: On -Sale Wine Licenses
Dear Ken:
We understand that there has been considerable dis-
cussion as to whether or not the City Council should pass an
ordinance authorizing the issuance of on -sale wine licenses
pursuant to Minnesota Statutes 5 340.11, Subd. 20. We further
understand that the Mayor has expressed some concern about the
enactment by the City Council of such an ordinance without
knowledge as to the public sentiment concerning this issue.
In connection therewith, please be advised that the
question of whether or not such an ordinance should be enacted
rests entirely within the discretion of the City Council. The
City Council has no authority to submit this question to a vote
of the people nor to pay the cost of such an election. There
is, however, no reason why the private proponents of such an
ordinance cannot determine public sentiment upon the issue at
their own cost and by their own methods.
TSE /plr
cc. Florence Hallberg
Very truly yours,
G -
Th mas S. Erickson
DAVID R. BRINK JAMES H. O'HAGAN
HGRACE 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 DORSET 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 LJOHNSON
JAMES B. VESSEY - JOHN W. WINOHORST, 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. BRESS ROBERT J. SILVERMAN
+ RAYMOND A. REISTER THOMAS R. MANTHEY
JOHM J. TAYLOR WILLIAM R. HIBBS
WILLIAM J. HEMPEL PHILIP F. BOELTER
JOHN S. HIBBS WILLIAM B. PAYNE
ROBERT O. FLOTTEN ROBERT A- HEIBERG
JOHN D. LEVINE JOHN D, KIRBY
ROBERT J. STRUYK ROBERT A. SCHWARRBAUER
MICHAEL A. OLSON DAVID N, FRONEK
LARRY W. JOHNSON THOMAS W. TINKHAM
THOMAS S. HAY JON F. TUTTLE
(612) 340 -2600
CABLE: DOROW
T,E LE%: 29 - 0606
TELECOPIER: (612) 340 -2868
1468 W —FIRST NATIONAL BANK BUILDING
ST. PAUL,MINNESOTA 55101
(612) 227 -8017
116 THIRD STREET SOUTHWEST
ROCHESTER, MINNESOTA 65901
(607) 286 -3156
March 27, 1981
Mr. C. Wayne Courtney
.City of Edina
4801 West 50th Street
Edina, Minnesota 55424
�/S. Florence Hallberg
City Clerk
City of Edina
4801.,West 50th Street
Edina, Minnesota 55424
RE: On -Sale Wine Licenses
Dear Wayne and Florence:
MICHAEL TRUCANO
JAMES A.FLADER
DAVID L BOEHNEN
MICHELA- LAFOND
DON D. CARLSON
PAUL J. SCHEERER
FRANK H.VOIGT
WILLIAM H, HIPPEE, JR.
ROBERT A- BURNS
ROGER J. MAGNUSON
PETER S. HENDRIKSON
J. ROBERT HIBBS
JAY F. COOK
STANLEY M.REIN
CHARLES L POTUZNIK
VERLANE L. ENDORF,
DENNIS P. BURATTI
GEORGEANN BECKER
ROBERT L.HOBBINS
BARRY D. GLAZER
IRVING WEISER
STEPHEN E. GOTTSCHALK
KENNETH L. CUTLER
GARY M. JOHNSON
JAY L BENNETT
ROBERT G. BAYER
SUZANNE B. VAN DYK
STUART R. HEMPHILL
J DAVID JACKSON
I enclose herewith a copy of my letter to Ken
Rosland dated February 16, 1981, for your file.
If you have any questions., please advise.
SSE /bjd
Enclosures.
► -
Very truly yours,
Thomas AS."Erickson
OWEN C. MARK
JAMES E. BOWLUS
GEORGE LCHAPMAN
THOMAS O. VANDER MOLEN
MARK A. JARBOE
BRUCE D. BOLANDER
JUDITH A ROGOSHESKE
PAUL B. KLAAS
MARGERY KOTTO
RONALD J. BROWN
MARC L. KRUGER
CATHERINE A. BARTLETT
DAVID J. LUBBEN
BRUCE J. SHNIDER
GEORGE G. ECK
DARRON C. KNUTSON
BARBARA B. FARRELL
LENZA McELRATH,JR.
MARIANNE D. SHORT
MICHAEL E. REESLUND
ELIZABETH A. GOODMAN
OF COUNSEL
WALDO F. MAROUART
GEORGE E. ANDERSON
JOHN F. FINN
DORSEY, WINDHORST, HANNAFORD, WHITNEY Q.
HALLADAY
HENRY HALLADAY
G. LARRY GRIFFITH 2300 F I R S T NATIONAL BANK BUILDING
EMERY W. HARTLE
W. CHARLES LANTZ
JULE HANNAFORD
CRAIG A. BECK
- WILLIAM A. JOHNSTONE
STEVEN F. WOLGAMOT
ARTHUR B. WHITNEY
RUSSELL W. LINDOUIST
DAVID L MCCUSKEY M I N N E A P O L I S, M I N N E S O TA S S 4 O 2
THOMAS 0. MOE
STEVEN K.CHAMPLIN
MICHAEL J RADMER
J. MARQUIS EASTWOOD
EDWARD J PLUIMER
DAVID R. BRINK JAMES H. O'HAGAN
HGRACE 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 DORSET 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 LJOHNSON
JAMES B. VESSEY - JOHN W. WINOHORST, 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. BRESS ROBERT J. SILVERMAN
+ RAYMOND A. REISTER THOMAS R. MANTHEY
JOHM J. TAYLOR WILLIAM R. HIBBS
WILLIAM J. HEMPEL PHILIP F. BOELTER
JOHN S. HIBBS WILLIAM B. PAYNE
ROBERT O. FLOTTEN ROBERT A- HEIBERG
JOHN D. LEVINE JOHN D, KIRBY
ROBERT J. STRUYK ROBERT A. SCHWARRBAUER
MICHAEL A. OLSON DAVID N, FRONEK
LARRY W. JOHNSON THOMAS W. TINKHAM
THOMAS S. HAY JON F. TUTTLE
(612) 340 -2600
CABLE: DOROW
T,E LE%: 29 - 0606
TELECOPIER: (612) 340 -2868
1468 W —FIRST NATIONAL BANK BUILDING
ST. PAUL,MINNESOTA 55101
(612) 227 -8017
116 THIRD STREET SOUTHWEST
ROCHESTER, MINNESOTA 65901
(607) 286 -3156
March 27, 1981
Mr. C. Wayne Courtney
.City of Edina
4801 West 50th Street
Edina, Minnesota 55424
�/S. Florence Hallberg
City Clerk
City of Edina
4801.,West 50th Street
Edina, Minnesota 55424
RE: On -Sale Wine Licenses
Dear Wayne and Florence:
MICHAEL TRUCANO
JAMES A.FLADER
DAVID L BOEHNEN
MICHELA- LAFOND
DON D. CARLSON
PAUL J. SCHEERER
FRANK H.VOIGT
WILLIAM H, HIPPEE, JR.
ROBERT A- BURNS
ROGER J. MAGNUSON
PETER S. HENDRIKSON
J. ROBERT HIBBS
JAY F. COOK
STANLEY M.REIN
CHARLES L POTUZNIK
VERLANE L. ENDORF,
DENNIS P. BURATTI
GEORGEANN BECKER
ROBERT L.HOBBINS
BARRY D. GLAZER
IRVING WEISER
STEPHEN E. GOTTSCHALK
KENNETH L. CUTLER
GARY M. JOHNSON
JAY L BENNETT
ROBERT G. BAYER
SUZANNE B. VAN DYK
STUART R. HEMPHILL
J DAVID JACKSON
I enclose herewith a copy of my letter to Ken
Rosland dated February 16, 1981, for your file.
If you have any questions., please advise.
SSE /bjd
Enclosures.
► -
Very truly yours,
Thomas AS."Erickson
OWEN C. MARK
JAMES E. BOWLUS
GEORGE LCHAPMAN
THOMAS O. VANDER MOLEN
MARK A. JARBOE
BRUCE D. BOLANDER
JUDITH A ROGOSHESKE
PAUL B. KLAAS
MARGERY KOTTO
RONALD J. BROWN
MARC L. KRUGER
CATHERINE A. BARTLETT
DAVID J. LUBBEN
BRUCE J. SHNIDER
GEORGE G. ECK
DARRON C. KNUTSON
BARBARA B. FARRELL
LENZA McELRATH,JR.
MARIANNE D. SHORT
MICHAEL E. REESLUND
ELIZABETH A. GOODMAN
OF COUNSEL
WALDO F. MAROUART
GEORGE E. ANDERSON
JOHN F. FINN
February 16, 1981
Mx. Kenneth E. Rosland
City Manager
City of Edina
4801 West 50th Street
Edina, Minnesota 55424
Re: On -Sale Wine Licenses
Dear Ken:
We understand that there has been considerable dis-
cussion as to whether or not the City Council should pass an
ordinance authorizing the issuance of on -sale wine licenses
pursuant to Minnesota Statutes § 340.11, Subd. 20. We further
understand that the Mayor has expressed some concern about the
enactment by the City Council of such an ordinance without
knowledge as to the public sentiment concerning this issue.
In connection therewith, _please be advised that the
question of whether or not such an ordinance should be enacted
rests entirely within the discretion of the City Council. The
City Council has no authority to submit this question to a vote
of the people nor to pay the cost of such an election. There
is, however, no reason why the private proponents of such an
ordinance cannot determine public sentiment upon the issue at
their -ow-n cost and by their own methods.
Very truly yours,
Thomas S. Erickson
TSE /plr
M
February 16, 1981
Mx. Kenneth E. Rosland
City Manager
City of Edina
4801 West 50th Street
Edina, Minnesota 55424
Re: On -Sale Wine Licenses
Dear Ken:
We understand that there has been considerable dis-
cussion as to whether or not the City Council should pass an
ordinance authorizing the issuance of on -sale wine licenses
pursuant to Minnesota Statutes § 340.11, Subd. 20. We further
understand that the Mayor has expressed some concern about the
enactment by the City Council of such an ordinance without
knowledge as to the public sentiment concerning this issue.
In connection therewith, _please be advised that the
question of whether or not such an ordinance should be enacted
rests entirely within the discretion of the City Council. The
City Council has no authority to submit this question to a vote
of the people nor to pay the cost of such an election. There
is, however, no reason why the private proponents of such an
ordinance cannot determine public sentiment upon the issue at
their -ow-n cost and by their own methods.
Very truly yours,
Thomas S. Erickson
TSE /plr
/4-
6921 Moccasin Valley Road
Edina, Minnesota 55435
February 18, 1981
Mr. Alan Thiel and the
Edina Chamber of Commerce
6550 York Avenue South
Suite 520
Minneapolis, Minnesota 55455
Dear Mr. Thiel and Aier Chamber of Commerce members:
I would like very much to express my extreme concern that there is
some possibility the liquor ordinance, which has most successfully
served Edina for many years, stands in jeopardy of being changed.
Not only am I concerned with the change, but I am appalled to find
out that a civic organization such as the Chamber of Commerce would
actually advocate such a change. I must say, regardless of one's
stance on the use of alcohol, it seems obvious that any change
facilitating the consumption of any type of alcoholic beverage is
doing a real disservice to our community and our society -- a society
already plagued with a staggering alcohol problem that is one of our
most critical social ills -- if not THE most critical!
May I ask "Why ?" Certainly, just the profit motive of (according to
the Sun Newspaper) our already successful restaurants cannot justify
it. Obviously, the restaurants already here were aware of the
ordinance and willing to compete on that basis. And, pretending that
"just wine" can do no harm and is not really an alcoholic beverage
does not hold up if one has familiarized himself at all with the
facts and figures of such organizations as the Council on Alcoholism,
the Johnson Institute, Alcoholics Anonymous, etc. There are
alcoholics, in case you are not aware, that cannot chance the small
amount of wine put into a communion cup at church. And, there are
those who have acquired their problem on "just wine." And what it
it saying to our kids? Check with our juvenile officers at the
Police Department, or our school counselors, or our youth directors
in any organization; it is not hard drugs that is the biggest
problem, it is alcohol! And why? Because it is so accessible, and
it's "okay" because of the way we legislate it, advertise it, market
it, and make it so socially acceptable. Granted, our country clubs
serve it and our liquor stores are owned and promoted by the city,
but adding another negative doesn't in any way add up to a positive.
Is it any wonder so many of our young people are confused about our
standards? When are we as a society going to have the guts "to put
our money where our mouth is ?"
Mr. Alan Thiel
February 18, 1981
Page 2
Basically, it seems what is being said is, "It is a proven fact that
alcohol has the potential for ruining -- and does ruin -- individuals
and families and causes untold numbers of highway deaths; nevertheless,
the Edina Chamber of Commerce advocates a more liberal dispensing of
alcoholic beverages in our community." What a sad state of affairs!
If the Chamber of Commerce is supposedly a friend to the community,
are we aware what our foes are capable of doing?
The people of Edina voted two to one against a change in the liquor
ordinance on February 4, 1975, and the City Council voted unanimously
against a change on August 4, 1975. That says something -- or should --
unless, that is, our city's standards are not what they once were or the
Chamber is privy to much improved statistics on the use and abuse of
alcohol in our community. If granting the change is simply and sadly
(as has been suggested) to save our restaurant owners embarrassment
or hassles over denying guests a glass of wine, perhaps the revenue
derived could appropriately be put into a fund dealing with the problems
of alcohol. Monies from wine licenses could likewise go into such a
fund.
I need some answers, and I believe our whole city is due some
answers.
A disappointed citizen,
JoAnn Findell
cc: Sun Newspapers
Edina City Council
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�' AMERICAN
R INTERNATB®NAL
RENT ®A ®CAR
1400 E. 78th STREET MINNEAPOLIS. MINNESOTA 86423 [692) BBB -4998
February 15, 1981
Mayor McCourtney
City of Edina
4801 West 50th.,
Edina, Minnesota 55435
Dear Mayor:
This past week I had the pleasure of having lunch at the
Szechuan Star. The Ci.ty of'Edina should be proud to have
such a fine restaurant in their city.
I was however very surprised that I couldn't have a glass
of wine with my meal. The waitress couldn't explain to my
satisfaction the reason so I asked for the Manager or Owner.
Mr. Mort Snyder came to our table to explain the City of
Edina would not allow him to do so. I believed him but
quite frankly I can't still understand the reasoning.- I've
been to all the country clubs and everything is certainly
servee at those locations.
Why are you forcing residents of Edina to other cities if
we enjoy a glass of wine with. our meals? I've been a resident
of Edina for 21 years, and also a private businessman. We've
paid our taxes faithfully. I can't understand why some cities
won't support their local businessmen, but insist on sending
good business away from them.
Please, don't give me some holier -than though answer regarding
drinking. As I've said I've been to all of our Country Clubs.
Your Response will be appreciated. Perhaps, I made a good
decision not locating my business in my own city.
S cerel%y��
Pete J. Marinovich
- President
7100 Heatherton Trail
Edina, Minnesota 55435 cc: Mr. Mort Snyder
pjm /sd
s and other good
American International rents Ford cars.
ARTHUR A. ROUNER, JR., D.D., D. MIN.
CoLoNLAL'GiuRm OF EDWA
March 2, 1981
The Edina City Council
4801 West 50th Street
Edina, Minnesota 55424
Dear Friends:
I am very grateful for your willingness to let a few of us be
represented the other night at the City Council and for giving
me a chance to speak to the issue of wine licensing in Edina.
I am deeply concerned about the attempt being made by the
Chamber of Commerce to overrule on its own the wisdom of the
town as it has already spoken and even if it had not spoken, to
try to introduce into the life of this community a factor that
has proven only to be destructive in our common life. I enclose
for your perusal an article of a recent Reader's Digest that
makes dramatically clear the problem we are up against.
Alcoholism is on the rise dramatically in the United States,and
particularly in Minnesota and I believe also in Edina. Some of
us are doing everything we can to fight it and to bring healing
to the people who are victims of it, both young and old, in
this community. We do not need the introduction of more alcohol
in this community for the profit of those who are succeeding quite
well without it. It is, in my view, a predatory kind of dealing
with the whole society for the purpose of personal business profit.
I greatly hope that the City Council will take a firm stand
against both the intrusion of the wine licensing and also any
attempt to grant a liquor license to the Radisson South Hotel
that is also attempting, it seems to me, to ride roughshod over
the stated will of this community.
Again, I underscore my personal support of the position you have
COMMUNITY CONGREGATIONAL • 6200 COLONIAL WAY, EDINA, MINN. 55436.612/925 -2711
The Edina City Council
March 2, 1981
Page 2
taken thus far, and my encouragement to you to continue to stand
strong in it.
Your friend sincerely,
Glit.
Arthur A. Rouner, Jr.
AAR / lc
Enclosure
cc: Chamber of Commerce
� s
�.. ! V. ..
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14
wx
BY Josxrs P. BLANK
'rhe' _tee
<y
T� Hed.
M Y Dau hter
g
Twice!"
Gail Tietjen's young life was just about perfect —until she went
driving one night with a friend who was drunk. It took her
eight years to fight her way back to health. And then her luck
ran out again
T WAS ANOTHER drunk- driving
two scholarships to Stanford Univer-
accident. Gail Tietien, 18, was
sity, where she planned to study
the passenger in her boyfriend's
medicine.
sports car. Bright, pretty, outgoing,
About 1:3o a.m., July 25, 1972, her
she had recently graduated from
r9- year -old boyfriend was driving
high school where she had been an
her home to Los Altos, southeast of
honor student, a member of the
San Francisco, after a family dinner
tennis team and a homecoming
party in his home. He had gotten
princess. She had been awarded
drunk. Rounding a turn too fast, he
59
TA
i
MAP_ te- <.
1p
R
r'1
1
READER S DIGEST January `' 1981 . 'THEY'RE KILLED M
lost control and slammed into a tree. ahead. " At other times she rocked f: "Why ?" "Why do you like milk ?"
Two hours later, a motorist came for hours, or became so agitated that ! "Why that brand ?" Ann remembers,
upon the _wreck and -called the po the nurses had to strap her into the "It drove us crazy —until we realized
lice. The,traffic officer. who arrived bed. The nurses also had to teach her she had to learn all over again,about
found ,the young man conscious, but . routine behavior: how to use the it everyday life. .
suFfering'from a fractured, arm and toilet, eating utensils, napkin, comb, �; During her first year at home,
jaw. Gaihlay unconscious in a.pool of face cloth. Gail didn't understand that her mind
gasoline, ;her head lacerated, and, ' After three weeks, Betty Tietjen i was not "right." She was hurt by the
bloody.' Her front teeth had been began asking when she could take . laughter that met her outrageous
hammered out of her mouth by the her daughter home for a visit. The C statements, and confused by the puz-
impact, and her chin was deeply cut. doctors had done what they could, . zled looks caused by her garbled
The officer assumed ,she was dead., she reasoned. From this point on, a ! sentences.
Then he heard a gurgle in her throat. home, environment would benefit { Then, gradually, 'she began
Shortly. . beford,' 4 ' a.m. the El. Gail more than the hospital would. changing.: The accident had de
Camino Hospital telephoned Gail's On the 32nd day after the accident, o stroyed some brain cells; it had not
parents, Betty and Robert Tietjen, 'Gail's physician • issued a weekend destroyed her determination, her
and they rushed ,to. the emergency pass. But he warned the family that "spirit, her zest for living. She became
room. Gail was in a'coma and thrash- they might not be able to cope with aware that she, would have to 'work
ing about. When - asked about the . her for more than a day. fir harder than 'those around her to
extent of brain damage the neuro Gail didn't recognize her home. make an independent life for herself.
surgeon told her parents `� that he did This house is in Los Angeles, she k . Gail and' her mother went for
not know whether she would even insisted. She wanted to go to her real long walks, and played croquet. Her
survive. home. And where were her real frenetic'movements slowly grew less
A blood - alcohol- concentration . mother, father and sister? "I don't intense. She could sit through a meal
BAC test on the driver registered know you people." Unable to sit still g
( ) g y p p � � � � without jumping up several times.
0.14 percent; a reading of o. to . is she walked constantly throughout Although . it remained difficult fQr
generally considered "drunk while the house, her eyes wild. her to think a problem through, or to
driving." The young man. was sub - After Gail went to bed that first 'utter three 'sentences in logical se-
sequently charged with felony night, her parents discussed her con- quence, no one in the family hinted.
drunk .driving and causing great dition, and decided not to return her. ;that there were things she probably
bodily harm. He was later permitted to the hospital. Their love and care, r couldn't do. -
to plead guilty to. a misdemeanor, they felt, would give her the best In September 1973, 14 months
and he was fined ,,$500. chance for improvement. Bob was ill x, after the accident, Gail enrolled at
Gail was unconscious for two with Parkinson's. disease, so Betty `' Stanford and moved- into a dormi-
weeks, her breathing assisted by a took a leave of absence from her job tory. She told no one about the
respirator. When she finally 'as a secretary to be with her daughter. effects of the accident; special treat -
emerged from her coma and was Gail continued to behave hyper- ment would, have made her cringe
moved to a chair, it was obvious that actively, sometimes to a point of with embarrasitnent:
she had suffered severe brain dam- frenzy. During a conversation she ; . Knowing she could not cope with
age. "She.sat there like a wooden would suddenly launch into a series the demanding premed courses,
doll," Ann, Gail's older sister, re- of relentless questions.-, "Where did _ r, she chose to majo'r'' in' art. She
calls. "Stiff. Staring straight you get that container of milky -' �t flunked almost ei+ery'subject in, her
6n q,
. hY
�+
,-
Y DAUGHTER, TWICE/ "
'first year and was threatened with -41
expulsion. University authorities
learned of the accident, however,
and gave her ,another ,chance. ;
I)oggedly, she fought and worked 11 4 y
her way through college. "She willed II
;herself to improve," recalls Ann. "At {
first her drawings. and painting >y
looked like the work 'of a two-year-
old. Then they got better and better,
and in a few years'she was turning
out beautiful ,things." Homework !
sometimes took her five times longer C+
to complete than it' did `the other
students, but she never complained. 6
In June 2978, she graduated.
By then, 'the business world at-
tracted her more than a career'in art.
Ann's fiance, Tom; offered to' help
her get a job where., he worked. Gail I !
said it was better t6do it on her own.
Genuine and directi she wai , soon ii
hired as a salesperson -by i fashion-
able women's specialty store in Palo
Alto. After nearly a year, she took a
more challenging position as an of-
fice supervisor. When it became ap-
parent that she couldn't handle such ;I..
a complex assignment, she ' under-
took to learn secretarial skills. A '
"It was tough for. her," remem-
bers Ann. "She had to learn while
doing the work of 'an experienced
secretary. She talked to Mom and me
and took notes on - everything we
said. She was slower'than other sec - i
retaries in her office; so she worked
through her lunch hour and after the
office closed to make up for it"
Afraid that Gail had taken on too
much,, Ann''and Tofu' suggested that .
she look for something less derhand- p
6r t
Mp 1
READERS DIGEST
Why?
January A x981 'THEY'VE KILLED MY'DAUGHTER TWICE! "
GAm TIETJEN'S tragic fate is painful to think about. Yet, incredibly, it is
repeated more than 2S,000 trmer a year. In fact, roughly one half of all fatal
highway accidents —which average between 50000 and 55,000 year after
year— involve alcohol. Nor is that all. Consider:
0 Six of every ten drivers who kill themselves in single - vehicle accidents
are drunk at the time —and besides their own lives they manage to snuff out
the lives of thousands of innocent people every year.
• In the 16 -to-24 age group alone, alcohol is responsible for 8000 deaths
each year, and for the disfiguring of an additional 40,000 young people.
• Each year, alcohol on the highways results In physical injuries to
125,000 people.
• The National Highway Traffic Safety Administration (NHTSA) con-
servatively estimates the dollar cost of this alcohol- induced mayhem at
ing. "No," Gail answered. "That's
giving up and I won't do that."
Although mistakes made her feel
terrible, they prodded her to im-
prove. One afternoon she called Ann
to announce: "I've been through a
whole day without making a single
mistake. I'm getting, there."
And getting there she was. Not
only did she grow more proficient at
her job, but the extra effort made her
mind grow sharper and more capa-
ble. She was able to think her way to
a reasonable decision. She read om-
nivorously and developed an aston-
ishing vocabulary. She wanted no
sympathy. "I'm doing fine," she told
Ann "I'm probably a stronger per-
son because of what I went through.
I'm happy with the way I am."
"She had run her marathon," con-
cludes Ann, "and crossed the finish
line."
'ON THE EVENING of December 18,
1979, Gail met with some old friends
62 ,
at a restaurant near Palo Alto. While
the others had wine with their food,
she had a cola. Since the accident she
never drank alcohol if she was driv-
ing and never rode in a car driven by
a person who had been drinking.
About 9:30, the group left the
restaurant. Gail got into her 19 4
Pinto for the short drive home.
drove down Highway 85, then onto
the southbound off -ramp where the
highway ended, about i y2 blocks
from her apartment.
At the same time Beth June
O'Donnell, a 59- year -old nurse, ig-
nored signs that read "NO LEFT .
TURN OR U TURN" and "WRONG
WAY /DO NOT ENTER," and swung
her Pontiac the wrong way onto the
off- ramp.. She paid no attention to
the drivers who flashed their lights
and blared their horns to warn her.
A quarter -mile down the ramp,
the car immediately in front of Gail
shifted suddenly to the right. She
tried to follow, but it was too late,
$5 billion per year —if a dollar cost can be associated with such massive,loss
Of life.
r How can we as a nation allow this to go on, year after year? Why is it that
in this country a driver is not considered drunk until his blood - alcohol count
r. goes over aio percent? In Canada the standard is o.o8; in Norway, Sweden
and Denmark, o.o5.
#' Why is it that for every 2000 drunks on the road at a given time, only one
is arrested? And why is it that that lone individual's chances of receiving a
stiff fine, revocation or suspension of license, even a jail'term, are mathemat-
ically insignificant?
Think about Gail Tietjen. And then think about this: According to the
NHTSA, on any given weekend night, one out of every ten driven on our
hjvhwq s is drunk. ,
!' And then ask yourself if it isn't time -we got serious about the problem.
i —The Editors
The O'Donnell car smashed into the
driver's side of the Pinto.
A sheriff's deputy called to the
scene wrote in his report that
O'Donnell, who was not injured,
told him, "I've been a nurse since
[age] 35. She's dead. I know a dead
body when I see one. I've been
drinking and if 11 go to jail, well,
.g rA
Eighty -four minutes after the col-
lision, Gail Tietjen was pronounced
dead. "It's happened again," her
mother said when informed by po-
lice. "They've killed. my daughter
twice!"
But the record showed only an-
other drunk - driving accident.
f that's the way it goes.' This statement On September 1g r98q Beth June
;was made free and voluntarily at O'Donnell war sentenced to eight montlu
(approx. 2203 hours. At that time I in the county jail andfiur years'pw'ba-
deteeted an odor of alcoholic bever- non. She had been arrested and convicted
4 age upon the breath of O'Donnell of drunken driving in 1977, and •freed
and observed that she was unsteady Jr9o.
on her feet." A BAC test given
O'Donnell two hours later showed a .gyp For information on reprints
o.I2- percent alcohol content. of this article, see page 214
L. —alai
Snow and Tell
ZHE ECONOMICALLY DISRUPTIVE EFFECTS of a heavy, snowstorm go far,
beyond the work hours lost when employee's can't get to their jobs. An even
' gseater loss in productivity is caused by those who do make it to' work and
a; then spend the rest of the day telling one another how they did, it. • '
—Omaha %W -Herold
' 63
�j
i
l
k•
it
' r� } r
�. >r�
Xni
READERS DIGEST
Why?
January A x981 'THEY'VE KILLED MY'DAUGHTER TWICE! "
GAm TIETJEN'S tragic fate is painful to think about. Yet, incredibly, it is
repeated more than 2S,000 trmer a year. In fact, roughly one half of all fatal
highway accidents —which average between 50000 and 55,000 year after
year— involve alcohol. Nor is that all. Consider:
0 Six of every ten drivers who kill themselves in single - vehicle accidents
are drunk at the time —and besides their own lives they manage to snuff out
the lives of thousands of innocent people every year.
• In the 16 -to-24 age group alone, alcohol is responsible for 8000 deaths
each year, and for the disfiguring of an additional 40,000 young people.
• Each year, alcohol on the highways results In physical injuries to
125,000 people.
• The National Highway Traffic Safety Administration (NHTSA) con-
servatively estimates the dollar cost of this alcohol- induced mayhem at
ing. "No," Gail answered. "That's
giving up and I won't do that."
Although mistakes made her feel
terrible, they prodded her to im-
prove. One afternoon she called Ann
to announce: "I've been through a
whole day without making a single
mistake. I'm getting, there."
And getting there she was. Not
only did she grow more proficient at
her job, but the extra effort made her
mind grow sharper and more capa-
ble. She was able to think her way to
a reasonable decision. She read om-
nivorously and developed an aston-
ishing vocabulary. She wanted no
sympathy. "I'm doing fine," she told
Ann "I'm probably a stronger per-
son because of what I went through.
I'm happy with the way I am."
"She had run her marathon," con-
cludes Ann, "and crossed the finish
line."
'ON THE EVENING of December 18,
1979, Gail met with some old friends
62 ,
at a restaurant near Palo Alto. While
the others had wine with their food,
she had a cola. Since the accident she
never drank alcohol if she was driv-
ing and never rode in a car driven by
a person who had been drinking.
About 9:30, the group left the
restaurant. Gail got into her 19 4
Pinto for the short drive home.
drove down Highway 85, then onto
the southbound off -ramp where the
highway ended, about i y2 blocks
from her apartment.
At the same time Beth June
O'Donnell, a 59- year -old nurse, ig-
nored signs that read "NO LEFT .
TURN OR U TURN" and "WRONG
WAY /DO NOT ENTER," and swung
her Pontiac the wrong way onto the
off- ramp.. She paid no attention to
the drivers who flashed their lights
and blared their horns to warn her.
A quarter -mile down the ramp,
the car immediately in front of Gail
shifted suddenly to the right. She
tried to follow, but it was too late,
$5 billion per year —if a dollar cost can be associated with such massive,loss
Of life.
r How can we as a nation allow this to go on, year after year? Why is it that
in this country a driver is not considered drunk until his blood - alcohol count
r. goes over aio percent? In Canada the standard is o.o8; in Norway, Sweden
and Denmark, o.o5.
#' Why is it that for every 2000 drunks on the road at a given time, only one
is arrested? And why is it that that lone individual's chances of receiving a
stiff fine, revocation or suspension of license, even a jail'term, are mathemat-
ically insignificant?
Think about Gail Tietjen. And then think about this: According to the
NHTSA, on any given weekend night, one out of every ten driven on our
hjvhwq s is drunk. ,
!' And then ask yourself if it isn't time -we got serious about the problem.
i —The Editors
The O'Donnell car smashed into the
driver's side of the Pinto.
A sheriff's deputy called to the
scene wrote in his report that
O'Donnell, who was not injured,
told him, "I've been a nurse since
[age] 35. She's dead. I know a dead
body when I see one. I've been
drinking and if 11 go to jail, well,
.g rA
Eighty -four minutes after the col-
lision, Gail Tietjen was pronounced
dead. "It's happened again," her
mother said when informed by po-
lice. "They've killed. my daughter
twice!"
But the record showed only an-
other drunk - driving accident.
f that's the way it goes.' This statement On September 1g r98q Beth June
;was made free and voluntarily at O'Donnell war sentenced to eight montlu
(approx. 2203 hours. At that time I in the county jail andfiur years'pw'ba-
deteeted an odor of alcoholic bever- non. She had been arrested and convicted
4 age upon the breath of O'Donnell of drunken driving in 1977, and •freed
and observed that she was unsteady Jr9o.
on her feet." A BAC test given
O'Donnell two hours later showed a .gyp For information on reprints
o.I2- percent alcohol content. of this article, see page 214
L. —alai
Snow and Tell
ZHE ECONOMICALLY DISRUPTIVE EFFECTS of a heavy, snowstorm go far,
beyond the work hours lost when employee's can't get to their jobs. An even
' gseater loss in productivity is caused by those who do make it to' work and
a; then spend the rest of the day telling one another how they did, it. • '
—Omaha %W -Herold
' 63
�j
October 17, 1981
Edina City Coucil
4801 West 50th St.
Edina, Minn. 55424
Gentlemen#
If the City Council is to be the overseer of Edina's
morals, the least you can do is to be consistent.
Either you should allow wine to be served in Edina's
restaurants, or you should sell our profitable.,Liquor Stores
and revoke the liqour licenses for Interlachen and Edina
Country Clubs.
I do not care for wine, have less than a dozen drinks
a year, but your action in prohibiting the serving of wine is
ridiculous.
Very cer rs,
Robt. R. Helmerichs Sr.
4510 Oak Drive
Edina, Minn. 55424
5408 Creek View Lane
Edina, MN. 55435
8/24/81.
Edina Council.Members:
In answer to Mr. Tom Jacobson's- letter in last week's Sun newspaper I wish to
state that I am one Edina resident who does not want the current ordinance changed
regarding the sale of wine.which.is.an alcoholic beverage.
We are told constantly by health professionals that more than 50%,of all illnesses
are.alcohol related. We are paying increased hospital insurance rates because
of this. Auto accidents where there is a fatality usually have one person who was
-under the influence of a drug oU some =kind and usually -this is alcohol: I would
imagine that Mr. Jacobson knows that alcohol is a drug. Our automobile insurance
premiums, long term disability and aid to dependent families also increase with
each incident, The monetary is nothing compared to the heartache that this
product has managed to produce.
On another page of the same issue of the Sun there is a question raised by a
concerned father wondering how he can counsel his son to cope with the peer
pressure he will be subjected to to experiment with drugs. How can we counsel
young people if we insist that we need a mood changer with our meals? Wine at
one time was said to be served to increase one's appetite. I haven't seen too
many people in the Minneapolis area who look like they need something to increase
theix appetites, The sale of appetite depressants to up so it does't.look
like we need wine.
Mr. Jacobson should thank God that he is able to have one glass of wine occasionally.
The majority of "winos" started out the same way but then they couldn't stop
with one or two.
We lived in a suburb of Chicago comparable to Edina which also did not allow the
sale of alcohol. One of the finest restaurants in that area was located in that
suburb. One had to have reservations weeks in advance to eat there. The reason
they had such a fabulous business was because they served superb food, had wonderful
service and a well appointed, spotlessly clean restaurant., �
Most of the eating places in Edina seem to be crowded all the time so I don't
think they are suffering. Serving wine would just compound some of their
headaches. This would eliminate some jobs for our high school people as wine
must be served by someone over 18. If a customer would have a few too many
glasses of wine they would be responsible if he /she left the restaurant and was
involved in an accident.
Let's keep our fine city as it'is.
for trouble.
Norma Stephani
5408 Creek View Lane
Edina, MN 55435
Do we have to be conformists? Wi,7,ask
Community does `
want wine licenses,
Edina resident says
(EDITOR'S NOTE: The following
letter was addressed to the Edina
City Council and is printed here
with the writer's permission.)
Gentlemen:
With regard to the issue of wine
licensing for Edina restaurants, I'd
like to urge you to take whatever'
steps are necessary to change the
current ordinande.
' I am only an occasional user of
wine, but when I do, it is along with
a meal in a restaurant. I believe
that an increasing number of people!
enjoy a glass of wine with their,
f dinner and I think that we are not
keeping up with the times in Edina
when we continue to practice this'
out -dated restriction.
> An article in the current Sun
E newspaper states that most city
council members are reluctant to
+ do anything about the situation be-
cause they haven't heard "from the
people." An informal poll of my
neighbors concluded that the great
majority of them would like to see
wine available in Edina restau-
rants.
Not the least of the considerations
is the unfair disadvantage we place f
on Edina restaurants who are not
able to compete with restaurants in
other suburbs and I think that that is
unfortunate and improper from a
business standpoint.
So, if you need a referendum, let's
put one on the next ballot. If not,
why not take a telephone call
sampling or some other such poll to
find out what other Edinans think
about this issue.
I encourage you to take some '
positive action as soon as feasible.
Thank you. —Tom Jacobsen,
Edina.
TO: C. WAYNE COURTNEY and
Edina -City Council
FROM: James Van Valkenburg
DATED: March 19, 1981
I met at a breakfast meeting with Virginia Bodine, Lee Heutmaker,
and Alan Thiel from the Edina Chamber of Commerce. They wanted to talk
about the WINE ISSUE.and get my reaction and some guidance.
I told them I thought they had gone about it a bit backward and
that they had taken a position and then indicated they were going to go
out and get their facts.
I told them that it was my understanding that the Radisson had
paid the cost of the last Referendum and some of the legal.expenses that
we had in drafting a proposed Ordinance for control of liquor. There is
some confusion on this as to whether or not the Radisson paid, and you
might check with Jerry Dalen on that.
I told them that it was my prediction that the present Council v
would be against it and whether they had the right to open the subject
by granting wine licenses and not granting liquor licenses was immaterial.
That our concern for years had been that if you open the door a little bit,
you would be eventually opening the door for all liquor licenses and
interests. I suggested that if the door was open, that you would.then have
people running ,&C the City Council with the only idea in mind of getting
a liquor license for their backers. I indicated that this was not necessarily
true, but it was certainly an impression that the members of the Council
had had for years. They indicated that it would not necessarily follow and
I agreed with that, but again indicated that it was the feeling that the
Council had had.
They indicated that they had talked with people who were in favor
of it and that apparently they had met with Chuck and Fred who indicated
that they had talked with people who were against it. I indicated that the
people I talked to were against it., I indicated that I was against it.
-2-
They asked how to handle a Referendum. It was my recollection
that the Referendum request was submitted to the Council who refused
to do it unless and until they produced an adequate number of signa-
tures indicating interest. The Radisson people had done that. Then,
it was my impression that the Radisson had paid for the last one and
whether Radisson paid or not this would be expected of anyone asking
for such a Referendum. I suggested then that they hold it until a
general election when there was an opportunity to save some of the
cost and expense.
They wanted to run a City wide survey and suggested hiring
a professional pollster. I suggested to them that if they did that
that they should advise the Council that that was their intention
and further, to submit any questionnaire to the Council before it
was mailed. The Council is not necessarily an expert on surveys,
but would have some idea of the type of questions they would want
asked, and would.want that opportunity, or they would be very apt
to indicate that the survey was meaningless.
I do not mean to get into the Wooddale School issue, but I
told them of the problems there where the survey had been drawn and
the members of the Council in effect wanted to change it, and were
then told that the survey was already printed. At that point it was
my impression that we knew exactly how the questionnaire would be
answered because of the nature of the questions, and that accordingly
the survey did not have as much value.
I suggested that the matter be put on the Council Agenda some
time for an informal discussion to ascertain the views of the Council,
and while it was certainly permissible to talk to each of the members
individually in any way that they wanted, that they would be probably
smarter to get everyone together at one time and discuss it. They
should discuss it with the Council to obtain general ideas and not to
ask for any type of a commitment for or against at that point.
I indicated that sometime ago one of the restaurants over near
Eden 100 had a series of postcards and they had people sign and mail
them to the members of the Council. I suggested that that was meaning-
less because we were getting names from Stillwater, Forest Lake, and
other towns where we didn't really care about their view. I think
there is also an aversion to a form type of postcard that anyone would
sign.
I pass the above on to you for your information and would
suggest that if there is any interest on your part in any way that you
contact any of the above to pursue it in any manner that you wish.
cc: All Council Members
Ken Rosland
Craig Swanson
Virginia Bodine
Alan . Thiel
Lee Heutmaker
James Van Valkenburg
71��
r, 40 ,,
-3-
P. S.
I further suggested that they review the proposed Ordinance
that was submitted at the time of the Radisson Referendum.
JW
I
SPLIT - LIQUOR ELECTION COSTS
Voting Machines
Moving Voting Machines
300.00
Machine Set -Up
438.12
Machine Delivery, Pick -up, and Canvas
170.76
Election Day Custodians
136.33
Printing Ballots and Supplies
392.50
Election Judges
Legal Notices
Attorney's Fees - Opinions, drafting and
revision of Ordinance, misc.
Absentee Ballots - Postage and clerical
Registration Nights - Open three evenings
and Saturday for registration
Clerical - General
Election Day - Clerical
Clerk's Time
Packing and Preparing Supplies
119.44
Instructions to Judges, etc.
27.56
Election Day (6 to 8 and 4:30 to 1:45)
105.20
Payroll - General tie -up
68.00
1,437.71
2,190.31
42..10
4,000.00
32.00
40.40
168.70
120.30
320.20
TOTAL $8,351.72
Cost of verifying voter's names on petitions
Note - Above figures do not include processing new registrations inasmuch as
most of these voters would be registering at future elections.
2/12/75
Clerical Time - General
Muriel Thomsen
Checking Files - 4 hr. @ 4.60 (Sat.)
�A
Detailed Breakdown
3.06
Machine Set -up
12.24
Austin Tucker - 40 hours @ $5.00
203.12
Sam Mobley - 47 hours @ $5.00
235.00
School Custodians
Election Day Custodians
Wayne Michael - 2 hours @ $10.22
.20.44.
Gary West - 2 hours @ $11.34
22.68
.Sam Mobley - 6 hours @ $5.00
30.00
Tom Melena - 2 hours @ 8.64
17.28
Mileage
Sam Mobley
11.52
All Others - Approximately
_
4.00
Clerk's Time @ 9.19 per hr.
Packing Supplies
Sat. - 8 a.m. - 6:15
119.44
Sun. - 11:30 a.m. - 2:30 p.m.
27.56
Instructions to Judges - Carrying
Supplies - 3 hours
18.38
Election Day - 6 a.m. - 8 a.m.
4:30 p.m. - 1:45 a.m.
105.20
Clerical Time - General
Muriel Thomsen
Checking Files - 4 hr. @ 4.60 (Sat.)
18.40
Absentee Ballots - 1 hr. @ 3.06
3.06
General Instructions - 4 hr. @ 3.06
12.24
Hennepin County 8 hr. @ 4.60
25.00
Election Day
Muriel Thomsen - Absentee Ballots, Misc.
5 hrs. @ 3.06
4:30 p.m. - 12.00 midnight
Switchboard
Grace Johnson - 5� hr. @ 4.60
Tabulation of Votes
Doris Parker - 511 hr. @ 7.80
Petitions checked by Mary Jane Bolmgren, Evelyn
Henjum, Mary Markham, Florence
Hallberg
RETURNS OF SPECIAL ELECTION HELD FEBRUARY 4, 1975
CITY OF EDINA,
MINNESOTA
VOTING PRECINCT NUMBER
#1
X62
#3
#4
#5
#6
#7
#8
#9
#10
#11 -
#12
413
#14
d615
416
TOTAL
REGISTERED AS OF 2/3/75
1459
2118
2374
1750
1980
1492
2031
1704
2371
1678
1646
1.395
1843
2196
1659
1559
29,253
REGISTERED ELECTION DAY
5
7
10
2
15
9
24
15
19
14
19,
10
10
3
18
22
202
TOTAL REGISTERED TO VOTE
1464
2125
2384
1752
1995
1501
2055
1719
2390
1692
1665
1405
1853
2199
1677
1581
29,455
TOTAL NUMER VOTED
157
411
645
293
423
392
593
445
542
365
365
352
422
417
411
173
6,406
PERCENTAGE OF TOTAL
10.8%
19.4%
20.5%
16.7%
21.3%
'26.2%
29.2%
26.1%
22.8%
21.1%
22.1%
25.2%
22.8%
18.9%
24.7%
11.1%
21.89%
SPLIT LIQUOR QUESTION
YES
62
149
122
75
14.1
120
225
102
157
108
130
110
115
158
138
116
2028
NO
92
254
510
203
272
268
358
338
369
252
223
237
300
245
264
48
'
4,233
;SUNDAY LIQUOR QUESTION
YES
65
145
140
80
145
114
211
102
151
ill
131
108.
120
149
132
114
2,`024
NO
89
245
487
201
257
267
356
332
374
248
218
230
294
240
268
54
4,160
Split Liquor Yes
votes - 31.65%
Split Liquor No
votes - 66.07%
SUMMARY OF PROPOSED LIQUOR ORDINANCE 901'
The proposed ordinance is a comprehensive law to cover the sale and
dispensing of intoxicating liquor (more than 3.2% alcohol) and non-
intoxicating malt liquor (3.2% alcohol cr less).
PART A. of the ordinance sets forth the organization of the Municipal
Liquor system for the off -sale dispensation of liquor. The
provisions are generally similar to those we are currently familiar with.
Part B. provides for a recognition of private on -sale liquor licenses
on a restricted basis by hotels and restaurants of a certain mini-
mum size (Hotels - 200 room with dining rooms for 175 people. ;Restaurants
with facilities for serving 200 people at one time). Private.clubs which
held liquor licenses prior to January 1, 1940, may also apply for.licenses
if they have more than 50 members and have owned cr leased a building or
space for its members for more than one year.
Part B. also sets forth various requirements for license application,
transfer of licenses, renewal of licenses, license fees ($10,000 per
year for hotel or restaurant, $500 per year for a club),,granting of
licenses, eligibility for licenses, conduct of business by a licensee
(must post license, no off -sale business, no gambling therein, no pool,
billiard or bowling alley therein, etc.).
Part B. also permits the issuance of Sunday sale licenses to hotels,
restaurants or clubs which hold valid on -sale licenses. Such a license
for Sunday would permit on -sale business between, 12 noon and midnight
on Sundays "in conjunction with the serving of food."
Part C. sets forth the regulations and licensing of sale of 3.2% or less
malt liquors rich in general permit a wider dispenation of 3.2%
than of hard liquor.
Part D. contains miscellaneous.regulations such as hours of sale permit-
ted, restrictions involving minors, etc.
Part E. prevents "spiking" of drinks in anyplace which does not'have an
on -sale license.
Part F. limits off -sale to the Municipality.
Part G. provides that violation of the ordinance is a misdemeanor subject
to fine of up,to $300 or jail up to 90 days or both..
r
July 11, 1974
The Honorable Members of the City Council
Mr. Warren C. Hyde, City Manager
City of Edina
4801 West 50th Street
Edina, Minnesota 55424
Re: Split- Liquor Law.
Dear Council Members and Mr. Hyde:
You have asked me to review the Minnesota state liquor law pro-
visions relative to the implementation within Edina of what is called the
rrsplit- liquor" system. In connection with that request you asked of me a
number of questions. I will attempt to answer the specific questions asked,
thereby hopefully responding fully to your concerns.
1. How is a split - liquor system established? The split - liquor
system must be established by a special election. (Chapt. 268, Minn. Laws
1974) In Edina, special elections may be ordered by the city council upon
its own motion, or on a question that has not been submitted to the voters
in an election within six months previously, upon a petition signed by a
number of voters equal to 20% of the votes cast at the last regular city
election. At least ten days` posted notice and two weeks' published notice
of the election shall be given to the clerk, clearly stating the questions
to be determined. The election date may be set by the city council, or if
it be held pursuant to a petition, the date must be set within a reasonable
time after the petition is filed. A majority of the votes cast is required
to adopt the split - liquor system. In case of a tie, the proposal shall be
deemed to have failed. The election officials for any special election shall
be the same as the last preceding regular city election unless changed ac-
cording to law. Otherwise, the election shall be held in the same manner
provided for regular city elections. (Chapt. 337, Minn. Laws 1974)
2. How many maximum on -sale licenses does the split - liquor system
allow? Edina would be allowed to issue 18 on -sale licenses, or one license
for every 2,500 inhabitants, whichever is greater. The number of inhabitants
DORSEY, MARQUART, WINDHORST, WEST 8,
HALLADAY
DONALD WEST
WILLIAM J. HEMPEL
2300 F I R S T NATIONAL B A N K BUILDING
FAITH L OHMAN
WILLIAM E. MARTIN
WALDO F. MAROUART
JOHN S. HIBBS
DAVID A RANHEIM
WILLIAM H. NIPPEE, JR.
JOHN W. WINDHORST
HENRY NALLADAY
ROBERT O. FLOTTEN
JOHN D. LEVINE
M I N N E A P O L I S, M I N N E S O TA 55402
ROBERT J, SILVERMAN
STEPHEN G. SHANK
JULE M. HANNAFORD
ROBERT J STRUYK
WILLIAM R. HIBBS
JOHN ..KIRBY
ROBERT A. BURNS
TONI A. BEITZ
ARTHUR B. WHITNEY
MICHAEL A. OLSON
PHILIP F. BOELTER
MICHEL A LAFONO
RUSSELL W. LINDOUIST
LARRY W JOHNSON
(612) 340-2600
WILLIAM B. PAYNE
BRADFORD L FERGUSON
DAVID R. BRINK
THOMAS S. MAY
CABLE: DOROW
JAN STUURMANS
ROGER J. MAGNUSON
HORACE HITCH
G. LARRY GRIFFITH
R A SCHWARTZBAUER
J. ROBERT HIBBS
VIRGIL N. HILL
CRAIG A. BECK
TIE LEX:29 -0605
STEVEN K. CHAMPLIN
JAY COOK
ROBERT V. TARBOX
DAVID LMCCUSKE7
TELECO PIER:(612)340 -2868
DAVID N.FRONEK
STANLEY REIN
ROBERT J. JOHNSON
M.B. HASSELOUIST
THOMAS 0 MOE
JAMES H.OHAGAN
THOMAS W. TINKHAM
JON F TUTTLE
CHARLES L POTUZMIK
VERLANE L. ENDORF
PETER DORSEY
JOHN K MASON
1466 W -FIRST NATIONAL BANK BUILDING
ROBERT A HEIBERG
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ST. PAUL, MINNESOTA 55101
EMERY
ANN BECKER
CURTIS L RO7
LARRY L. VICKREY
(612) 227 -8017
L RADM
MICHAEL
ROBERT HOBBIES
ROBERT SINS
ARTHUR E. WEISBERG
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ER ER
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DUANE E. JOSEPH
PHILLIP H MAflTIN
L STIN
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REESE C. JOHNSON
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WILLIAM J. KEPPEL
IRVING WEISER
F J. SCHWARTZBAUER
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CHASKA, MINNESOTA 55318
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STEPHEN GOTTSCHALK
THOMAS M. BROWN
JOHN C. ZWAKMAN
(612) 448 -4012
WILLIAM A JOHNSTONE
THOMAS ELKINS
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JOHN R. WICKS
WILLIAM E. BOWEN
THOMAS S. ERICKSON
EUGENE L. JOHNSON
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DOUGLAS D, MCFARLANO
OF COUNSEL
MICHAEL E. BRESS
RAYMOND A REISTER
MICHAEL PRICHARO
WILLIAM R. SOTH
ROCHESTER, MINNESOTA 55901
DAVID L. BOEHNEN
ALAN D. GILLILAND
DAVID E. BRONSON
LEAVITT R. BARKER
JOHN J. TAYLOR
THOMAS R MANTHE7
(607) 288-3156
LAWRENCE R. OLIVER
GEORGE E. ANDERSON
BERNARD 0. HEINZEN
RICHARD G SWANSON
FRANK H. VOIGT
ROBERT L VANFOSSEN
July 11, 1974
The Honorable Members of the City Council
Mr. Warren C. Hyde, City Manager
City of Edina
4801 West 50th Street
Edina, Minnesota 55424
Re: Split- Liquor Law.
Dear Council Members and Mr. Hyde:
You have asked me to review the Minnesota state liquor law pro-
visions relative to the implementation within Edina of what is called the
rrsplit- liquor" system. In connection with that request you asked of me a
number of questions. I will attempt to answer the specific questions asked,
thereby hopefully responding fully to your concerns.
1. How is a split - liquor system established? The split - liquor
system must be established by a special election. (Chapt. 268, Minn. Laws
1974) In Edina, special elections may be ordered by the city council upon
its own motion, or on a question that has not been submitted to the voters
in an election within six months previously, upon a petition signed by a
number of voters equal to 20% of the votes cast at the last regular city
election. At least ten days` posted notice and two weeks' published notice
of the election shall be given to the clerk, clearly stating the questions
to be determined. The election date may be set by the city council, or if
it be held pursuant to a petition, the date must be set within a reasonable
time after the petition is filed. A majority of the votes cast is required
to adopt the split - liquor system. In case of a tie, the proposal shall be
deemed to have failed. The election officials for any special election shall
be the same as the last preceding regular city election unless changed ac-
cording to law. Otherwise, the election shall be held in the same manner
provided for regular city elections. (Chapt. 337, Minn. Laws 1974)
2. How many maximum on -sale licenses does the split - liquor system
allow? Edina would be allowed to issue 18 on -sale licenses, or one license
for every 2,500 inhabitants, whichever is greater. The number of inhabitants
The Honorable
Mr. Warren C.
Page 2
DORSEY. MAROUART, WINDHORST, WEST .& HALLADAY
Members of the City Council
Hyde, City Manager
July 11, 1974
is determined according to the most recent available federal decennial census
as of the date upon which a license is issued. (Minn. Stat. §340.11, Subd. 6 (1973),
and Chapt. 268, Minn. Laws 1974) The statutes are not clear as to whether
18 licenses are the maximum or minimum, but we are advised by the office of
the Liquor Control Commission that 18 is the minimum. Also, Edina may issue
on -sale licenses in excess of 18 upon authorization by the voters of the muni-
cipality voting at a special election called for such purpose or at the general
election of the municipality. The council by a majority vote may direct
that the question be placed on the ballot at a special or general election
as follows: "Shall the city council be allowed to issue 'on -sale' licenses
for the sale of intoxicating liquor at retail in excess of the number now
permitted by law ?" If a majority of voters voting on the question at the
election vote in favor, the governing body may issue "on -sale" licenses in
such numbers as it shall determine, without regard to the number authorized
by the Minn. Stat. §340.11 (1971). ( Chapt. 268, Minn. Laws 1974)
3. What effect will the split- liquor law have on the continuation
of the municipal off -sale operations? ;1inn. Stat. §340.354 (1973), in
Subd. 5, Clause 4 thereof, previously stated that a municipality which issues
the - maximum number of "on- sale" licenses permitted by the statute shall cease
engaging in the "off- sale" of intoxicating liquor "not later than three
years from date of issuance of the last such 'on -sale' license." However,
the 1974 amendment to that section, found in Chapt. 268 of the 1974 Laws,
deleted the portion of the earlier statute which would have required muni-
cipalities to cease engaging in the.off -sale of intoxicating liquor and added
language as follows: "The city issuing any 'on -sale' licenses pursuant to
this subdivision may thereafter in connection with the operation of the muni-
cipal liquor store continue to engage in the sale of intoxicating liquor at
either on -sale or off -sale, or both, or may resume operation of any municipal
on -sale or off -sale store previously discontinued." Therefore, under the
present statutes, the split - liquor law will have no effect on the continuation
of the municipal off -sale operations.
4. What restrictions and limitations can the Council impose on
the granting of on -sale licenses? The statute ( Chapt. 268, Minn. Laws 1974)
restricts the issuance of licenses under the split- liquor system to "private
persons for the operation of liquor stores in conjunction with any establish-
ment defined in Section 340.07 as a hotel or restaurant, and the requirements
of those definitions relating to seating capacity and the number of guest
rooms shall apply for purposes of this section." A hotel is defined in Minn.
Stat. §340.07, Subd. 12 (1973), as follows:
DORSEY, MAROUART, WINDHORST, WEST & HALLADAY
The Honorable Members of the City Council
Mr. Warren C. Hyde, City Managsr
Page 3 July 11, 1974
" 'Hotel' means any establishment having a resident proprietor
or manager, where, in consideration of payment therefor, food
and lodging are regularly furnished to transients, which main-
tains for the use of its guests in cities of the first class,
not less than 50 guest rooms, in.cities of the second class,
not less than 25 guest rooms, in all other cities, villages and
boroughs, not less than ten guest rooms with bedding and other
usual suitable and necessary furnishings in each room, -which is _
provided at the main entrance with a suitable lobby, desk, and
office for the registration of its guests on the ground floor,
which employs an adequate staff to provide suitable and usual
service, and which maintains under the same.management and
control as the rest of the establishment and has, as an integral
part thereof, a dining room with.appropriate facilities for
seating not less than 30 guests at one time,.where the general
public are, in consideration of payment therefor, served with
meals at tables."
A restaurant is defined in Minn. Stat. §340.07, Subd. 14 (1973), as follows:
if 'Restaurant' means any establishment, other than a hotel, under
the control of a single proprietor or manager, having appropriate
facilities for the serving of meals, and where, in consideration
of payment therefor, meals are regularly served at tables to the
general public, and which employs an adequate staff to provide the
usual and suitable service to its guests, and the principal part
of the business of which is the serving of foods. In cities of
the first class such establishment shall have facilities for seating
not less than 50 guests at one time; in cities of the second and
third class and villages of over 10,000 population, such estab-
lishment shall have facilities for seating not less than 30 guests
at one time, or such greater number as the municipality may determine;
and in cities of the fourth class and villages of 10,000 population
or less, in such manner as the municipality shall determine; and
in an unincorporated or unorganized area of a county such estab-
lishment shall have facilities for seating not less than 100 guests
at one time or such greater number as the county board may determine."
The Honorable
Mr. Warren C.
Page 4
DORSEY, MAROUART, WINDNORST, WEST a HALLADAY
Members of the Ctty Council
Hyde, City Manager
July 11, 1974
In addition, "on- sale" is defined in Subd."5 of Minn. Stat. §340.07 (1973)
as a sale of liquor "by the glass or by the drink for consumption on the
premises only, pursuant to such regulations as the commissioner may prescribe."
Further, Minn. Stat. §340.14.(1973) imposes certain restrictions on the hours
and days of sale, places of sale, and the conditions of, and.employees in,
the premises licensed for .the on -sale of liquor. Also, the city douncil is
vested with complete discretion as to whether or not to issue licenses, even
if the authorization to do so came about through a citizen - initiated petition.
(Chapt. 268, Minn. Laws 1974), and the city council has the general power to
impose regulations and restrictions upon the sale and possession of intoxi-
cating liquor within its limits pursuant to Minn. Stat. §340.11, Subd. 17
(1973), so long as they are not arbitrary, and are reasonable and nondis-
criminatory.
5. What fees can the City charge for the on -sale licenses? Edina
is free to set the annual amount it will exact for any particular year so
long as it does so in advance. (Minn. Stat. §340.11, Subd. 5 [1973]) In
addition, if the on -sale establishments are to be allowed to sell intoxi-
cating liquor on Sundays, a special license must be obtained for that purpose
from the municipality for one -year terms and for such fee as the governing
body shall determine, but not exceeding $200. (Minn. Stat. §340.14, Subd. 5
11973])
If there are any further questions, please advise, and I will
attempt to answer them.
Very truly yours,
TSE /abc &mas "S.Erickson
nRAFT Mn _ 9
December 2, 1974
PROPOSED LIQUOR ORDINANCE AUTHORIZING ISSUANCE OF
"ON- SALE" LICENSES
(Subject to revision. Double- spaced for convenience.
For review and discussion only.)
ORDINANCE NO. 902
AN ORDINANCE ESTABLISHING A MUNICIPAL LIQUOR DISPENSARY AND
REGULATING THE OPERATION THEREOF, LICENSING AND
REGULATING THE SALE OF INTOXICATING LIQUOR AND NONINTOXICATING
MALT LIQUOR, PRESCRIBING PENALTIES, AND REPEALING
ORDINANCE NO. 901.
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS:
Section 1. Definitions. As used in this ordinance:
"Club"-means any corporation duly organized under the laws of the
State of Minnesota for civic, fraternal, social, or business purposes, or
for intellectual improvement, or for the promotion of sports, which shall
have more than fifty members, and which for more than one year shall have
owned, hired, or leased a building or space in a building of such extent
and character as may be suitable and adequate for the reasonable and com-
fortable accommodation of its members, and whose affairs and management
are conducted by a board of directors, executive committee, or other simi-
lar body chosen by the members at a meeting held for the purpose, none of
whose members, officers, agents, or employees is paid, directly or indirectly,
any compensation by way of profit from the distribution or sale of beverages
to the members of the club or to its guests, beyond the amount of such reason-
able salary or wages as may be fixed and voted each year by the directors or
other governing body.
"Club Sunday sale license" means a license for the on -sale of in-
toxicating liquor issued by the City of Edina pursuant to this ordinance and
Minnesota Laws 1973, Ch. 441.
"Food establishment license" means a license granted by the City
under the provisions of the ordinance of the City providing for the licensing
a
Ordinance No. 902
Page 2
of food establishments.
"Food establishment" means any premises which has been granted a
food establishment license.
"Hotel" means any establishment having a resident proprietor or
manager, where, in consideration of payment therefor, food and lodging are
regularly furnished to transients, which maintains for the use of its guests,
not less than 200 guest rooms with bedding and other usual, suitable, and
necessary furnishings in each room, which is provided at the main entrance
with a suitable lobby, desk, and office for the registration of its guests
on the ground floor, which employs an adequate staff to provide suitable and
usual service, and which maintains under the same management and control as
the rest of the establishment and has, as an integral part thereof, a dining
room with appropriate facilities for seating not less than 175 guests at one
time, where the general public is, on consideration of payment therefor, .
served with meals at tables.
"Interest" means any pecuniary interest in the ownership, opera-
tion, management, or profits of any premises licensed under this ordinance,
or of any license issued under this ordinance, but does not include: bona
fide loans; bona fide fixed sum rental agreements; bona fide open accounts
or other obligations, held with or without security, arising out of the ordi-
nary and regular course of business of selling or leasing merchandise, fix-
tures, or supplies to such establishment. A person who receives moneys from
time to time directly or: indirectly from a licensee, in the absence of a bona
fide consideration therefor and excluding bona fide gifts or donations, shall
i-
Ordinance No. 902
Page 3
be deemed to have an interest in the license of.such licensee and in the
premises so licensed. In determining "bona fide," the reasonable value of
the goods or things received as consideration for any payment by the licensee
and all other facts reasonably tending to prove or disprove the existence of
any purposeful scheme.or arrangement to evade the prohibitions of this ordi-
nance shall be considered.
"Intoxicating liquor" or "liquor" means ethyl alcohol and distilled,
fermented, spiritous, vinous, and malt beverages containing in excess of 3.2
percent of alcohol by weight.
"Minor" means any person under 18 years of age.
"Nonintoxicating malt liquor" or "malt liquor" means any potable
beverage with an alcoholic content of more than one -half of one percent by
volume and not more than 3.2 percent by weight.
"Off- sale" means retail sale in the original package for consump-
tion away from the premises only.
"On- sale" means sale by the glass or by the'drink for consumption
on the premises only.
"On -sale license" means a license for the on -sale of intoxicating
liquor issued by the City of Edina pursuant to this ordinance.
"Original package" means any container or receptacle holding liquor
in which the liquor is corked or sealed at the place of manufacture.
"Person" includes any individual, partnership, association, trust,
institution, corporation,.or municipality, and includes also the municipal
liquor store.
Ordinance No. 902
Page 4
"Restaurant" means any establishment, other than a hotel, under the
control of a single proprietor or manager, having appropriate facilities for
the serving of meals at tables to not less than 200 guests at one time, and
where, in consideration of payment therefor, meals are regularly served at
tables to the general public, and which employs an adequate staff to provide
the usual and suitable service to its guests.
"Sale" and "purchase" include all barters, gifts, sales, and other
means used to obtain or furnish liquor as above described, or any other bev-
erage, in violation or evasion of this ordinance.
PART A.
THE MUNICIPAL LIQUOR DISPENSARY
Sec. 2. Dispensary Established. There is hereby established a
municipal liquor dispensary for the off -sale of intoxicating liquor and for
the sale of such other items as are set out in (a) of Sec. 6 of this ordinance.
Sec. 3. Location and Operation.
(a) The dispensary shall be located at such suitable places in the
City as the Council determines by.motion without limitations by the provisions
of this ordinance relating to premises eligible for licenses. However, no
premises upon which taxes or other public levies are delinquent shall be
leased for dispensary purposes.
(b) The general management of the dispensary shall be under the
control of the City Manager, but the dispensary shall be in the immediate
charge of a liquor store manager selected by-the City Manager. The liquor
store manager shall perform such duties in the operation of the dispensary
Ordinance No. 902
Page 5
as may be prescribed by the City Manager, but his compensation shall be fixed
by the Council. The liquor store manager shall be responsible for the conduct
of the dispensary in full compliance with this ordinance and with the laws
relating to the sale of liquor and malt liquor.
(c) The City Manager shall also appoint such additional employees
as may be required for the dispensary and shall fix their compensation in
accordance with Council- approved schedules. All persons employed in the dis-
pensary, including the manager, shall hold their positions at the pleasure of
the City Manager. No minor shall be employed in the dispensary.
(d) Every employee required for the dispensary, including the
manager, shall furnish a surety bond to the City, conditioned upon the faith-
ful discharge of his duties, in such sum as the Council specifies. The bond
premium may be paid by the City or by the employee, in the discretion of the
Council.,
Sec. 4. Dispensary Fund Created.
(a) A municipal liquor dispensary fund is hereby created, in which
all revenues received from the operation of the dispensary shall be deposited
and from which all ordinary operating expenses shall be paid.
(b) The handling of municipal dispensary receipts and disburse-
ments shall comply with the procedure prescribed by law for the receipt and
disbursement of City funds generally.
(c) The accounting procedures of the dispensary shall be estab-
lished by the City Manager.
Ordinance No. 902
Page 6
Sec. 5. Hours of Operation. The dispensary shall not be open for
business of any kind during the hours when sales of intoxicating liquor are
prohibited.
Sec. 6. Conditions of Operation and Restrictions on Consumption.
(a) No business other than the off -sale of intoxicating liquor
and the retail off -sale of nonintoxicating malt liquor, soft drinks, cigars,
cigarettes, all forms of tobacco, and ice, shall be carried on in the dispensary.
(b) No intoxicating liquor or nonintoxicating malt liquor shall be
sold on credit.
(c) No person shall be permitted to loiter about the dispensary
habitually.
(d) No minor shall be permitted to remain on the dispensary prem-
ises.
(e) All restrictions set forth in Section 15 of this ordinance
relating to the manner of conducting sales also shall apply to the municipal
liquor dispensary, insofar as they can be made. applicable. All duties imposed
by such restrictions on the licensee shall be imposed on the dispensary manager,
with regard to the manner of conducting the business of the liquor dispensary.
Sec. 7. Violation by Employees. Any employee of the dispensary
willfully violating any provision of this ordinance, or any provision of the
laws of the State of Minnesota relating to gambling or the sale of intoxicat-
ing liquor or nonintoxicating malt liquor, shall be discharged.
Ordinance No. 902
Page 7
PART B.
ON -SALE OF INTOXICATING LIQUOR
Sec. 8. License Required; Classes of License; Persons to Whom
Issued. No person shall, directly or indirectly, upon any pretense or by
any device, manufacture, import, sell, exchange, barter, dispose of, or keep
for sale any intoxicating liquor on Sunday without first having obtained a
Sunday sale license or a Club Sunday sale license, or on any day other than
Sunday without first having obtained either an on -sale license or a Club on-
sale license. Such licenses shall permit the.on -sale of intoxicating liquor
only.
(a) On -sale licenses shall be issued only to hotels and restaurants.
(b) Club on -sale licenses shall be issued only to clubs that held
a club license prior to January 1, 1940, for the sale of intoxicating liquor.
No license shall be issued to any club that after January 29, 1934, has been
convicted of any willful violation of any law of the United States, of the
State of Minnesota, or of any local ordinance, with,regard to the manufacture,
sale, or distribution of intoxicating liquor, nor to any club that has had
any license revoked for any willful violation of such .taws or ordinances.
(c) Sunday sale licenses shall be issued only to hotels and
restaurants then holding a valid on -sale license.
(d) Club Sunday sale licenses shall be issued only to clubs then
holding a valid Club on -sale license, and shall be, issued only pursuant to
Minnesota Laws 1973,_Ch. 441.
Ordinance No. 902
Page 8
Sec. 9. License Application, Procedure and Control; Penalties.
The provisions of Ordinance No. 141 of the City, including the application
procedures and penalty provisions thereof, shall apply to all licenses re-
quired by this ordinance for the sale of intoxicating liquor, and to the
holders of such licenses, except as otherwise provided herein and except,
specifically, as follows:
(a) Licenses shall be granted or denied by the Council by the
favorable vote of at least three Council members;
(b) In addition to the information required by Ordinance No. 141
to be contained in the application, every application shall contain the fol-
lowing information:
(1) If the application is for an on -sale license and the
applicant is a natural person:
(A) True name, including maiden name, if applicable,
place and date of birth, and street resident address of applicant.
(B) Whether applicant has ever used or been known by a
name other than his true name, and, if so, what was such name, or names, and
information concerning dates and places where used, and the reasons for using
alternate identification.
(C) The name of the business if it is to be conducted
under a designation,, name, or style other than the full individual name of
the applicant; in such case., a copy of the certificate as required by Minne-
sota Statutes, Ch. 333,, certified by the -Clerk of the District Court, shall be
attached to the application.
Ordinance No. 902
Page 9
(D) Whether applicant is married or single. If married,
name, including maiden name, place of birth, and street resident address of
applicant's present spouse. If divorced, the name of applicant's former
spouse or spouses and his or her (their) present resident address(es), if
known.
(E) Whether applicant and present spouse are registered
voters, and if so, where.
(F) Street addresses at which applicant and present
spouse have lived during the preceding ten years.
(G) Kind, name, and location of every business or occu-
pation applicant and -- -- _ - --
present--spouse have been engaged in during the preced-
ing ten years.
(H), Names and addresses of applicant's and spouse's
employers and partners, if'any, for the preceding ten years.
(I) Whether applicant or applicant's spouse, or a parent,
brother, sister, or child of either of them, has ever been arrested or con-
victed of any crime other than minor traffic offenses. If so, the applicant
shall furnish information as to the time, place, and offense for which arrests
or convictions occurred, and the final disposition of the same by the Court
having jurisdiction.
(J) Whether applicant or his spouse, or a parent, brother,
sister, or child of either of them, has ever been engaged as an employee in
or in the operation of a saloon, hotel, restaurant -, cafe, tavern, or.other
I'
t
Y '
Ordinance No. 902
Page 10
business of a similar nature, and if so, the place and length of time by r
dates.
(K) Whether applicant has ever been in the military
service. If so, a copy of each discharge shall be.attached to the applica-
tion, upon request.
(L) The name, address, and business address of each
person engaged in Minnesota or elsewhere in the business of selling, manu-
facturing, or distributing intoxicating liquor, who is nearer of kin to
the applicant or his spouse than second cousin, whether of the whole or
half blood, computed by the rules of civil law, or who is a brother -in-
- law-- or-sister =in -law of the applicant or his spouse.
(M) Whether or not the applicant has ever petitioned
for or been adjudicated a bankrupt.
(N) The name of each banking institution in which the
applicant has maintained a checking account within the five year period pre-
ceding the date of the application.
(0) The name of the manager or person in charge of the
premises to be licensed and, if other than the applicant, all information
concerning such manager or person as is required of a single applicant in
(b)(1) of this Sec. 9 also.shall be given.
(2) If the application is for an on -sale license and the
applicant is a partnership, the names and addresses of all partners, general
or limited, and all information concerning each partner as is required
Ordinance No. 902
Page 11
of a single applicant in (b)(1) of this Sec. 9. A managing partner, or
partners, shall be designated. The name of the manager or person in charge
of the premises to.be licensed shall be stated, and if other than one of
the partners, all information concerning such manager or person as is re-
quired of a single applicant in (b)(1) of this Sec. 9 also shall be given.
The interest of each partner in the business shall be stated. A true copy
of the partnership agreement shall be submitted with the application, and
if the partnership is required to file a certificate as to a trade name
under the provisions of Minnesota Statutes, Ch. 333, a copy of such certificate
certified by the Clerk of.District Court shall be attached to the application.
(3) If the application is for an on -sale license and the
applicant is a corporation:
.(A) Name, and the state of incorporation.
(B) A then current Certificate of Incorporation from,the
Minnesota Secretary of State, a currently certified copy of the Articles of
Incorporation and Bylaws, and if a foreign corporation, a then current
Certificate of Authority as required by Minnesota Statutes, Ch. 303.
(C) The name of the manager or proprietor or other
agent in charge of the premises to be licensed, giving all the information
about said person as is required of a single applicant in (b)(1) of this Sec. 9.
(D) A list of all persons who, singly or together
with 'their spouse or a parent, brother, sister, child, or other relative,
own or control 5% or more of, or who are officers of, the applicant, together
Ordinance No. 902
Page 12
with their addresses and all information as is required of a single applicant
in (b) (1) of this Sec. 9.
(4) If the application is for a Club on -sale license:
(A) The name of the club.
(B) A statement that the club meets the requirements
for a Club on -sale license set out in (b) of Sec. 8 of this ordinance.
(C) The name of the manager, proprietor, or other
person who shall be in charge of the licensed premises, together with the
same information concerning such person as is required of a single applicant
for an on -sale license as is set forth in (b)(1) of this Sec. 9.
- -- - - -- (5) The exact legal description- of the premises to be licensed,
together with a plot plan of the area showing dimensions, location of build-
ings, street access, parking facilities, and the locations and distances to
the nearest church and school grounds measured as required by (b) of Sec. 14
of this ordinance.
(6) The floor number and street number where the sale of intoxi-
cating liquors is to be conducted and the rooms where liquor is to be
sold or consumed, and a floor plan showing locations and dimensions for all
such rooms. If any such room be a dining room or restaurant, the floor plan
shall also indicate the number of persons able to be served with meals at tables
in each of such dining rooms.
(7) If a permit from the federal government is required
- by the laws of the United States, whether -or not such permit has been
issued, and if so required, in what name issued and the nature of the permit.
Ordinance No. 902
Page 13
(8) The dollar amount of the investment that the applicant
has in the premises to be licensed, including, but.not limited to, the
building, fixtures, furniture, and stock in trade, and evidence of the source
of the funds for such investment.
(9) The names and addresses of all persons to whom applicant
(including all persons of whom information is required pursuant to (b)(1)
of this Sec. 9) is monetarily indebted, the nature of such indebtedness,
the amount thereof, and terms of payment. This shall include, but not
be limited to, lessors, mortgagees, lendors, lien holders, trustees, and
persons who have cosigned notes or pledged security for any monetary indebted-
ness of the applicant (including all persons of whom information - -is -- required - -- -- -
pursuant to (b)(1) of this Sec. 9).
(10) The dollar amount (whether cash or goods or services) and
the recipient of all contributions made to campaigns of persons seeking
election to the Edina City Council during the previous three City elections.
(11) The names, residences, and business addresses of three
persons, residents of Hennepin County, of good moral character, not related
to any person of whom information is required pursuant to (b)(1) of this
Sec. 9, or financially interested in the premises or business to be licensed,
who may be referred to as to the character of the persons of whom information
is required pursuant to (b)(1) of this Sec. 9.
(12) A statement that all real estate and personal property
taxes that are then payable for the premises to be licensed have been paid,
and if not paid, the years and amounts that are unpaid.
Ordinance No. 902
Page 14
(13) If the application for an on -sale license.is for premises
that are planned, under construction, or undergoing substantial alteration,
the application shall be accompanied by a set of preliminary plans showing
the proposed design of the premises to be licensed, if such plans are not then
on file with the Building Official.
(14) A duly executed financial statement, in form and sub-
stance acceptable to the City Manager,'from each individual applicant, from
each partner, both general and limited, of a partnership applicant, and from
each corporate applicant, certified by the individual applicant, by the gen-
eral or managing partner of a partnership applicant, and by the president of
a corporate applicant, as being true, correct and,complete.
(15) Such other information as the City Council, City Manager,
or State Liquor Control Commissioner shall require to complement or supple-
ment any information required by this ordinance or said Ordinance No. 141.
(c), An application for a Sunday sale license or a Club Sunday
sale license may refer to, and incorporate therein by reference, the information
set forth in the licensee's application for an on -sale license or a Club
on -sale license, as the case may be, to the extent that such information
is then correct, current, and applicable.
(d) Transfer of License.
(1) No license shall be transferred to any person or premises
other than the person or premises to whom and for which the license was
granted, without the person and premises to whom and to which the license
Ordinance No. 902
Page 15
is to be transferred having first submitted an- application containing all
of the information required in an original application, and complying with
all requirements for an original license, and receiving the approval of
the Council; provided that an application for transfer may refer to, and
incorporate therein by reference, the information set forth in the original
application for the license to be transferred, to the extent such information
is then true, current and applicable.
(2) Any change in the
g persons named as partners as required
by (b)(2) of.this Sec. 9, and any change in the persons who are named in
the original application as required by (b)(3) of this Sec. 9, including
managers _ or the-premises-to-be--licensed— - --
_- persons_ n charge of - , shall be - - --
deemed a transfer for purposes of this ordinance; provided, however, if the
licensee is a limited partnership, 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.
(e) Enlargement, Alteration, or Extension of Licensed Premises.
No area or premises licensed under this Part B, as shown on the original
application, shall be enlarged, expanded, altered, or extended for the purpose
of increasing the area or premises on which or within which liquor is to be
sold or consumed without the licensee first having submitted an application
containing all of the information required in an original application, and
Ordinance No. 902
Page 16
complying with all requirements for an original license, and receiving the
approval of the Council; provided that such an application may refer to, and
incorporate therein by reference, the information set forth,in the original
application for such licensed premises, to the extent such information is
then true, current, and applicable.
(f) Renewal Applications
(1). Applications for the renewal of an existing license shall
be made at least 60 days prior to and not earlier than 150 days prior to the
date of expiration of the license. The renewal application may incorporate
by reference all information contained in the original application, to
the extent such information is then true, current, and applicable. If,
in the judgment of the City Council, good and sufficient cause for the
applicant's failure to apply for a renewal within the time provided is shown,
the City Council may, if the other provisions of this ordinance are complied
with, grant the application notwithstanding such failure to timely apply.
(2) At the earliest practicable time after application is made
for renewal of an on -sale license, and in any event prior to approval thereof
by the Council, the applicant shall file with the City Clerk a statement
prepared by a certified public accountant and certified as true, correct, and
complete by the individual applicant, or by the general or managing partner of
a partnership applicant, or by the president of a corporate applicant, showing
total gross sales, total food sales, and total liquor and malt liquor sales
of the licensee for the 12- month.period immediately preceding the date
for filing renewal applications.
Ordinance No. 902
Page 17
(g) Verification
Each application shall be signed as required by Ordinance No. 141,
and shall also be verified by the signer.
Sec. 10. License Fee.
(a) The fee for an on -sale license shall be $10,000 per annum.
(b) The fee for a Club on -sale license shall be $500 per annum.
(c) The,fee for a Sunday sale license or a_Club Sunday sale license
shall be $200 per annum.
(d) The. fee for any license applied for more than 30 days after
commencement of the license year shall be prorated and paid only for the
term of the then license period remaining as of the date of application.
(e) No part of the fee paid for any license shall be refunded
unless the application is withdrawn or denied for reasons other than a
willful misstatement in the application, or unless the grant of a license is
rescinded pursuant to (e) of Sec. 12 of this ordinance.
(f) No additional license fee will be required in connection with
applications filed under (d) or (e) of Sec. 9.
Sec. 11. Investigation Fee.
(a) With each application for an on -sale license or a Club on-
sale license, including renewals, the applicant shall pay in full a nonrefundable
investigation fee of $1,500. No investigation fee shall be required in
connection with an application for a Sunday sale license or a Club Sunday
sale license.
9
Ordinance No. 902
Page 18
(b) At any time that an application is filed under (d),or (e)
of Sec. 9, the licensee shall pay in full an additional nonrefundable investi-
gation fee in the amount of'$1,000.
Sec. 12. Granting or Denial of Licenses.
(a) All applications for a license shall be referred to the City
Manager. The City Manager may request all City staff members he believes
appropriate to verify, investigate, and make reports and recommendations
on the application. If the application is incomplete in any way, it shall
be returned to the applicant for completion.
(b) Upon receiving the reports and recommendations of all
persons of whom a request was made by the City Manager, and in any event
within 60 days after submission of a complete application, the City Manager
shall submit his report and recommendations to the City Council.
(c) At the Council meeting at which the City Manager submits
his report and recommendations, the Council shall set a date for a public
hearing on the application, which shall be within 60 days after such Council
meeting. Notice of the time and place of the hearing shall be published
in the official City newspaper at least 10 days prior to the hearing. The
published notice shall set forth the day, time, and place of the hearing,
the applicant's name, and such other information as the Council may direct.
Opportunity shall be given at the hearing to any person to speak for or
against the granting of the license.
Ordinance No. 902
Page,19
(d) After the hearing, the Council shall makes its decision to
grant or deny the license, which decision may be made at the same meeting
or at any specified future meeting of the Council. Applications may be denied
for any of the reasons set out in Sec. 4 of Ordinance No. 141, or for failure
to comply with any of the conditions or requirements of this ordinance.
(e) If the premises to be licensed have not received a complete
and final Certificate of Occupancy from the Building Official, and been
completed in conformance with the representations made in the application,
at the time the license is to be granted, the Council may grant the license,
but issuance thereof shall be withheld until such Certificate of Occupancy
has been issued and the premises have been so completed, and if such Certi-
ficate of Occupancy is not so issued and the premises so completed within
120 days after the date the license is granted, the Council may rescind
its action granting the license or may extend the time.within which to obtain
such certificate and complete the premises. Such rescission action shall
be taken only pursuant to a hearing before the Council, notice of which
shall be given to the applicant at least 10 days in advance of the hearing
by mailed notice to the address of applicant set out.in the application.
Such extension action shall be taken by the Council upon written request of the
applicant delivered to the City Clerk at least 20 days prior to the end of said
120 -day period and after a public hearing preceded by notice published not less
than 10 days nor more than 30 days prior to the hearing. The Council may grant
such extensions for such periods, and as many times, as it deems desirable.
Ordinance No. 902
Page 20
(f) Each license shall be issued to the applicant only, and only
for the premises described in the application.
(g) The Clerk,-within 10 days after the issuance of any license
under this Part B, shall submit to the state liquor control commissioner
the full name and address of each person granted a license, the trade name,
the effective license date, and the date of expiration of the license. The
Clerk shall also submit to the state liquor control commissioner any change
of address, transfer, cancellation, or revocation of any license by the
Council during the license period, and such other information as such
commissioner shall require.
Sec. 13. Persons Ineligible for License. No license shall
be granted to or held by any person:
(a) Who is ineligible under Minnesota Statutes, Ch. 340.
(b) Who is a minor.
(c) Who is not of good moral character and repute.
(d) Who is not an individual or a partnership or a corporation.
(e) Who, if an individual, is an alien.
(f) Who, within five years prior to the application for such
license, has been convicted of any willful violation of any law of the
United States, the State of Minnesota, or any other state or territory, or
of any local ordinance,.with regard to the manufacture, sale, distribution,
or possession for sale or distribution of intoxicating liquor, or who has
had an intoxicating liquor license revoked for any willful violation of any
such laws or ordinances.
Ordinance No. 902
Page 21
(g) Who is a manufacturer or wholesaler of intoxicating liquor.
(h) Who has any interest, as defined in this ordinance, direct
or indirect, in any other license of the same class issued under this
Part B, or any other premises in the City for which a license of the same
class has been issued under this Part B.
(i) Who, if a partnership or corporation, does not have a manager,
or person in charge of the licensed premises who would be eligible pursuant
to the provisions of this Part B for a license to be issued directly to him
as an individual licensee.
(j) Who is the spouse of a person ineligible for a license under
paragraphs (e), (f), or (g) of this section, and who, in the judgment of the
City Council, is not the real party in interest or beneficial owner of the
business operated, or to be operated, under the license.
(k) Who, in the case of an individual, is not a.resident of
the metropolitan area as defined by Minnesota Statutes, Sec. 473.02, at the
time of issuance; or, in the case of a partnership or corporation, does
not have a manager or person in charge of the premises to be licensed who
is a resident of such metropolitan area at the time of issuance. Any on-
sale license, once issued, shall be effective only as long as the licensee,
or the manager or person in charge of the licensed premises, as the case
may be, remains a resident of such metropolitan area.
(1) Who has applied for, or holds, a federal wholesale or,
retail liquor dealer's special tax stamp or a federal gambling stamp.
Ordinance No. 902
Page 22
Sec. 14. Places Ineligible for License.
(a)• No license shall be granted, or renewed, for operation
on any premises on which taxes, assessments, or other financial claims
of the City or of the,State are delinquent or unpaid. In the event an
action has been commenced pursuant to the provisions of Minnesota Statutes, -
Ch. 278, questioning the amount or validity of real estate taxes, and not
finally determined as of the date the license,is to be issued, the Council
may, on application by the licensee, waive strict compliance with this
provision, but upon final determination of such action, the licensee. shall
pay all such taxes, with interest and penalties, if any.
(b) No on -sale license shall be granted for premises located
within 1,000 feet of any public school or of any church, measured in a
straight line from the parcel or lot upon which the business to be licensed
is located to the nearest point of the parcel or lot upon which the school
or church is located. The erection of a public school or church within
the prohibited area after an original application has been granted shall
not, in and of itself, render such premises ineligible for renewal of the
license.
(c) No license shall be issued for the premises owned by a person
to whom a license may not be granted under this ordinance, except that a
license may be issued for premises owned by a minor or alien, or a person
who has been convicted of a crime other than a violation of Minnesota Statutes,
Sec.. 340.07 through 340.407, inclusive (being.part of the "Intoxicating
Liquor Act ").
Ordinance No. 902
Page 23
(d) No license shall be granted for any place that has a common
entrance or exit with a building or business which is not owned or operated
by the licensee, except that a public concourse or.public lobby shall not
be construed as a common entrance or exit.
(e) No license shall be issued to any place that is ineligible
under Minnesota Statutes, Ch. 340.
Sec. 15. Conditions Governing Issuance; Manner of Conducting
Sales.
(a) Every license shall be granted subject to the provisions of
this ordinance, and of any other applicable ordinance of the City of Edina
and statute of the State of Minnesota. Every licensee shall at all times
operate the business licensed hereunder in full compliance with the require-
ments of this ordinance and of applicable statutes.of the State of Minnesota,
including Minnesota Statutes, Ch. 340.
(b) The license shall be posted in a conspicuous place in the
licensed premises at all times.
(c) Every licensee shall be responsible for the conduct of his
place of business and for the conditions of sobriety and order in the
place of business and on the premises.
(d) No "on- sale" licensee shall sell intoxicating liquor "off- sale."
(e) No license shall be effective beyond the rooms where liquor-is
to be sold or consumed as shown in the application for.such license.
(f) No licensee or any of his employees shall keep, possess,
operate, or permit the keeping, possession, or operation of, any slot machine,
Ordinance No. 902
Page 24
dice, or any gambling device or apparatus, on the licensed premises, or
in any room or building adjoining the licensed premises and directly or
indirectly under the licensee's control, nor shall any such person conduct
or permit any gambling therein.
(g) No licensee or any of his employees shall knowingly permit
the licensed premises, or any room therein, or in any adjoining building
directly or indirectly under his control, to be used as a resort for prostitutes,
and no person of known immoral character and no disorderly person shall
be permitted on the licensed premises.
(h) Any police officer, health officer, sanitarian, building
inspector, or any properly designated officer or employee of the City shall
have the unqualified right to enter, inspect, and search the premises of
the licensee during business hours without a warrant, for the purpose
of detecting violations of the provisions of this ordinance or of.applica-
ble state law.
(i) No establishment holding an on -sale or Club on -sale license
shall display liquor to the public during hours when the sale of liquor
is prohibited by this ordinance.
(j) No intoxicating liquor shall be sold or furnished or
delivered to anyone who,,by his physical appearance and mannerisms, appears
to be in a state of intoxication, to any habitual drunkard, to any person
under 18 years of age, or:to any person to whom sale is prohibited by
state law.
Ordinance No. 902
Page 25
(k) No person under 18 years of age shall be employed in a room
where liquor is sold or consumed, unless accompanied by his parent or guardian,
or employed to perform duties of a busboy or dishwashing services or when
employed as a musician.
(1) No pool or billiard tables or bowling alley shall be kept
or used in any premises licensed for. the on -sale of liquor.
(m) No equipment or fixture in any licensed place shall be owned
in whole or in part by any manufacturer or distiller of intoxicating liquor,
except such -as shall be expressly permitted by state law.
(n) No licensee shall sell, offer for sale, or keep for sale
intoxicating liquors in any original package that has been refilled or
partly refilled. No licensee shall directly or through any other person
dilute, or in any manner tamper with, the contents of any original package
so as to change its composition or alcoholic content while in the original
package. Possession on the premises by the license of any intoxicating
liquor in the original package differing in composition, alcoholic content,
or type from the liquor received from the manufacturer or wholesaler from
whom it was purchased, shall be prima facie evidence that the contents
of the original package have been diluted, changed,, or tampered with.
(o) No licensee shall keep ethyl alcohol or neutral spirits
on any licensed premises, or permit their use on the premises as a beverage
or mixed with a beverage.
(p) The business records of the licensee, including federal
and state tax returns, shall be available for inspection and copying by
Ordinance No. 902
Page 26
the City Manager, or other duly authorized representative of the City,
at all reasonable times and upon reasonable notice being given therefor.
(q) Changes in the partnership agreement of licensee, if a
partnership, and in the officers, articles of.incorporation, or bylaws
of any corporate licensee shall be submitted to the City Clerk within 20
days after such changes are made.
(r) The holder of a Club on -sale license or of a Club Sunday
sale license shall sell liquor only to members of the licensee and
guests of such members.
(s) The City Clerk shall be notified of any change in the manager
of or other person in charge of the licensed premises, and there shall be
delivered with such notice with respect to such new manager or-person all
information required of a single applicant in (b)(1) of Sec. 9 of this
ordinance. Such notice and information shall be given and delivered within
20 days after the change occurs.
Sec. 16. Security Deposit.
(a) Security Required. At the time of filing an application
for an on -sale or a Club on -sale license, but not a Sunday sale license or
a Club Sunday sale license, the applicant shall file and deposit with the
City Clerk cash, a letter of credit, or United .States government bonds
in the amount of $5,000. The security deposit for an on -sale license or
a Club on -sale license shall be sufficient security for issuance of a Sunday
sale license or a Club Sunday sale license, provided-the terms of such
Ordinance No. 902
Page 27 .
security are amended to include the periods during which such licensee
is allowed to operate under the Sunday sale license. or Club Sunday sale
license. '
(b) Approval. The security deposit shall be subject to the
approval of the Council.
(c) Terms of Security Deposit.
(1) All such security deposits shall be conditioned as
follows:.
(A) That the licensee will obey the laws relating to the
licensed business.
(B) That the licensee will pay to the City and state, when
due, and before they become delinquent, all taxes, license fees, penalties, and
other charges to be .paid by the licensee pursuant to any applicable ordinance
or statute.
(C) That in the event of violation of any law relating
to the sale of intoxicating liquor, or the breach of any conditions of the
security deposit, the security deposit shall be forfeited to the City.
(D) That the licensee will pay any damages for death
or injury by, or resulting from, the violation.of any law relating to the
business for which such license has been granted and for which the licensee is
liable.
(E) That no cancellation of any such deposit, or the rights
of the City thereunder, for any cause, can be made during the term of the de-
posit.
Ordinance No. 902
Page 28
(F) That the term of the deposit shall be at least
equal to the period of the license for which the deposit is given, and
as long thereafter as is necessary to insure compliance with all of the
terms and conditions of this ordinance.
(G) That the deposit shall be held by the City with-
out obligation or liability to the licensee for interest on such deposit.
(d) Deposit of U.S. Bonds. If United States government bonds
are deposited, such bonds shall mature not later than two years' -from the
date of the - application, shall be accompanied by a properly executed assignment,
in form and substance acceptable to the City Manager, assigning such government
bonds to the City, to be held subject to the terms and conditions of this
ordinance, including those set out in (c)(1) of this Sec. 16, for the period
of the license for which the deposit is made, and as long thereafter as
is necessary to insure compliance with such terms,and conditions, and shall
contain provisions whereby funds will be paid to the City upon written
demand from time to time made by the City. The licensee shall be entitled
to receive all interest when and as it becomes due on such bonds prior to
forfeiture and payment.of the bonds to the City. Proceeds from bonds that
mature while held by the City shall be held by the City without liability
or obligation to the licensee for interest on such proceeds.
(e) Deposit of Cash. If the applicant deposits cash, the deposit
shall be accompanied by a written agreement and assignment upon the part
of the licensee, in form and substance acceptable to the City Manager, wherein
the licensee assigns such cash to the City, to be held subject to the
Ordinance No. 902
Page 29
terms and conditions of this ordinance, including those set out in (c)(1) of
this Sec. 16, for the period of the license for which the deposit is made,
and as long thereafter as is necessary to insure compliance with such
terms and conditions, and shall contain provisions whereby funds will
be paid to the City upon written demand from time to time made by the
City.
(f) Deposit of Letter of Credit. If the applicant, deposits
a letter of credit, it shall be held subject to the terms and conditions
of this ordinance, including those set out in (c)(1) of this Sec'. 16, and
shall be from a national or state bank approved by the Council, be;uncon-
ditional and irrevocable, be for the period of the license for which the deposit
is made, and as long thereafter-as is necessary to insure compliance with
such terms and conditions, and shall contain provisions whereby funds
will be paid to the City upon written demand from time to time made by the City.
(g) Affidavit Required for Return of Security Deposit. Upon
application for return 'of any security deposit, the licensee shall file
with the City Clerk an affidavit stating that no action or proceedings has
been commenced in any court for the forfeiture of such security deposit,
or for damages to any person or persons who are entitled to make a claim on
such security deposit under the terms and conditions thereof, and that
the licensee has no knowledge of any existing claim or cause of action
arising out of the sale of intoxicating liquor pursuant to the license issued
under this ordinance, that licensee has not violated any law relating to the
sale of intoxicating liquor, and that licensee has paid to the City and State
Ordinance No. 902
Page 30
all taxes, license fees, penalties, and changes then due and to be paid by
licensee pursuant to any applicable ordinance or statute.
Sec. 17. Liability Insurance.
(a) At the time of filing an application for an on -sale or Club
on -sale license, the applicant shall deposit with the City Clerk (1) a
public liability insurance policy, and (2) a liquor liability policy covering
liability under the provisions of Minnesota Statutes, Sec. 340.95. Each
of such policies shall provide coverage of at least $300,000 for one person
and $500,000 for each occurrence. In addition, an umbrella policy shall be
filed with coverage of at least $1,000,000. The City shall be named as
an additional party insured on each of such policies. Such insurance poli-
cies shall be maintained in force for the full period of the license for
which they are filed.
(b) Such policies shall provide that no cancellation for any cause
shall be made by either the insured or the insurer without first giving written
notice of such cancellation to the City and the licensee at least 30 days
prior to the effective date of the cancellation. If any such notice is given,
the licensee shall deposit a new policy complying with this Sec. 17 prior to
the end of said 30 day period,
(c) Such policies of insurance shall further provide that payment
of any claim by the insurance company shall not in any manner decrease
the coverage provided for in respect to any other claim or claims then
or thereafter brought against.the insured or the.insuring company.
Ordinance No. 902
Page 31
(d) Such policies otherwise shall be subject to approval as to
form and substance by the City Manager, and shall be issued by companies
that are duly licensed to do business in the State of Minnesota.
(e) Such policies shall be conditioned that the insurer shall
pay, to the extent of the principal amount of the policies, any damages for
death or injury caused by, or resulting from, the violation of any law
relating to the business for which such license has been granted.
Sec. 18. Licensing of Employees
(a) No person shall be employed as a manager, bartender, waiter
or waitress, clerk, delivery person, or in any capacity where such person
sells, serves, or delivers intoxicating liquor in or from the premises for
which a license has been granted under Part B of this ordinance, and no
licensee shall permit any such person to be so employed, unless such person
has been licensed under this Sec. 18. No person may be so employed if his
license is denied or revoked.
(b) An application for such license shall be filed with the
City Clerk upon forms provided by the City, and such application shall
be verified under oath and shall contain the following information:
(1) The names and addresses of two residents of Hennepin
County, Minnesota, who have known the applicant for a period of two years
and who will vouch for the sobriety, honesty, and general good character
of the applicant.
(2) A concise history of the applicant's previous employment.
Ordinance No. 902
Page 32
(3) The record, if any, of arrests and of convictions for
crimes and misdemeanors other than petty misdemeanor traffic offenses.
(c) The license fee shall be $10 for each original application
and $5 for each renewal. All license fees shall be.paid with the application
and shall be nonrefundable. All licenses shall expire on June 30. Applica-
tion for renewal of an existing license shall be made at least 15 days
prior to the date of the expiration of the then license.
(d) The application shall be referred to the Police Department,
which shall investigate the facts set forth in the application and
make a written report thereon at the earliest practicable time. If the
Police Department recommends that such person be licensed, the City Clerk
shall issue the license. If the Police Department makes a recommendation
that the license not,be issued, the City Clerk shall deny the license, and
the applicant, or applicant's employer, upon written request filed with
the City Clerk within 10 days after notice of such denial is given to such
applicant, or the applicant's employer, shall be entitled to a hearing
before the City Council and may offer evidence in support of issuance
of the license.
(e) No person shall be issued a license if he has committed an act
that is a willful violation of Minnesota Statutes, Sec. 340.07 through 340.407
(the "Intoxicating Liquor. Act "), Sec. 340.78 through 340.81 (sales to minors),
or Sec. 340.95 (the "Dram Shop Act ") .
(f) Any license issued under this Sec. 18.may be revoked for
i
Ordinance No. 902
Page 33
any violation of this ordinance, or of Minnesota Statutes, Sec. 340.07
through 340.407, or for conviction of any crime or misdemeanor involving
moral turpitude.
Sec. 19. Suspension and Revocation.
(a) The enforcement, suspension, and revocation provisions of
Ordinance No. 141 shall apply to all licenses issued under Part1B of
this ordinance, and, in addition, the following provisions shall apply to
licenses issued under Part B of 'this ordinance:
(1) The City Manager, without notice, may suspend the license
of.any person for a period not to exceed 30 days, pending a hearing on fur-
ther suspension or revocation, where the violation involves the 'sale of
an intoxicating beverage to a minor, willfully permitting use of any building
or room under the control of the licensee for prostitution, or the presence
of slot machines or other gambling devices, or where judgment ha`s been
entered against a licensee for violation of Minnesota Statutes, Sec. 340.95.
(2) Failure to maintain in full force and effect, at all
times, the liability insurance policy required by Sec. 17 shall be grounds
for immediate revocation by the City Manager of the license for which such
insurance is to be maintained.
PART C.
NONINTOXICATING MALT LIQUOR
Sec. 20. License Required.
(a) No person shall sell, vend, deal in, or dispose of, by gift,
sale, or otherwise, or keep or offer, for on -sale or off -sale, any nonintoxi-
Ordinance No. 902
Page 34
cating malt liquor without first having received a license therefor.
(b) On -sale licenses shall be granted.only to persons then
holding licenses for intoxicating liquors issued pursuant to Part B of this
ordinance, and for the same premises; to private clubs that have been in-
corporated for more than ten years, and that own and operate clubhouses
for their members in which the serving of malt liquor is incidental and
not the major purpose of such club; to food establishments; and to golf
courses and bowling alleys; provided that no license may be granted to a
minor, or to any person convicted of any willful violation of any law of
the United States, or the State of Minnesota, or any local ordinance, with
regard to the manufacture,_sale, or distribution of intoxicating liquor
or nonintoxicating malt liquor. No on -sale license shall be granted to
any such food establishment, club, golf course, or bowling alley, if such
food establishment, club, golf course, or bowling alley has not been in
operation at that place for at least six months immediately preceding such
application; provided, however, that the Council may waive said requirement
of six months' operation by four - fifths vote.
(c) No on -sale or off -safe license shall be granted to any theater,
recreational hall or center, dance hall or place where dancing is permitted,
except hotels and restaurants, nor to any other place of public gathering
for the purpose of entertainment, amusement, or playing of games, except
golf courses and bowling alleys. No license shall be granted for sale
on any premises where a license hereunder has been revoked for cause, for
Ordinance No. 902
Page 35
at least one year after such revocation, except that on unanimous vote
of the Council such license may be granted at any time after such revocation.
(d) No on -sale or off -sale license shall be granted to any manu-
facturer of nonintoxicating malt liquor, or to anyone having an interest
in such manufacture
(e) No on -sale or off -sale license shall be granted to premises
within 1,000 feet of any public school or church, measured in a straight
line from the parcel or lot upon which the business to be licensed is located
to the.neares.t point of the parcel or lot upon which the school or church
is located., The erection of a school or church within the prohibited area
after an original license has been granted shall not, in and of itself,
render such premises ineligible for renewal of the license. Any license
granted prior to the effective date of this ordinance for premises ineligible
under this paragraph (e) shall remain eligible for renewal of such license
notwithstanding the provisions of this paragraph (e), but such eligibility
shall cease and terminate upon termination of any such license by the City,
upon lapse or expiration of the license without renewal, or upon conviction
of the licensee of any violation of this ordinance or of any violation of any
law of the United States, or the State of Minnesota, or local ordinance, re-
lating to the manufacture, sale, or distribution of intoxicating liquor or
nonintoxicating malt liquor.
Sec. 21. Information in Application; Insurance Required.
(a) The application for license or renewal of license shall
Ordinance No. 902
Page 36
contain the following information in addition to the information required
by said Ordinance No. 141:
(1) Whether the application is made for on -sale or off -sale;
(2) What additional business is to be transacted by the
applicant at the premises to be licensed;
(3) The citizenship of the applicant;
(4) Whether applicant is, or the premises are, licensed
for the on -sale of intoxicating liquor under Part B of this ordinance.
(b) The provisions of Sec. 17 of this ordinance relating to
insurance shall also apply to applicants for licenses under this Part C,
except that the maximum coverage need be only $100,000 for one person and
$300,000 for each occurrence. If applicant has deposited policies with
the City'under Seca 17, no additional policies need be filed under this
Sec. 21, if the policies are amended to provide coverage for operations
under the license issued pursuant to this Part C.
Sec. 22. License Fee.
(a) The license fee for an on -sale license shall be $300 per
annum; the fee for an off -sale license shall be $100 per annum.
(b) The fee for any license applied for more than 30 days after
commencement of the license year shall be prorated and paid only for the
term of the then license period remaining as of the date of application.
(c) No part of the fee paid for any license shall be refunded
unless the application is withdrawn or denied for reasons other than a will-
ful misstatement in the application.
Ordinance No. 902.
Page 37
Sec. 23. License Procedure or Control, Penalties. The provisions
of Ordinance No. 141, including the penalty provisions thereof, and the pro-
visions of Sec. 19 of this ordinance, shall apply to all licenses required
by this ordinance for the sale of nonintoxicating malt liquor, and to the
holders of such licenses, except that licenses and renewals thereof shall
be granted or denied by the Council by the favorable vote of at least three
Council members. •
Sec. 24. Manner of Conducting Sale.
(a)' All restrictions relating to the manner of conducting the
sale of intoxicating liquor on premises licensed for such sale, and the
maintenance of order on such premises, shall also apply to the manner of
conducting the sale of nonintoxicating malt liquor, and the maintenance
of order on premises licensed for such sale.
(b) In any place licensed for the on -sale of nonintoxicating
malt liquor, except bowling alleys, and except premises licensed for the
on -sale of intoxicating liquor pursuant to Part B of this ordinance, the
nonintoxicating malt liquor shall be served and consumed at tables in the
dining or refreshment room on the licensed premises, and shall not be consumed
or served at bars; provided, however, that the same may be served at counters
where food is regularly served and consumed. There shall be no partition,
box, stall, screen, curtain, or other device that shall.obstruct the view
of any part of said room from the general observation of persons in said
room;-provided, however, that partitions, subdivisions or panels not higher
w
Ordinance No. 902
Page 38
than 48 inches from the floor shall not be construed as in conflict with
the foregoing; and provided, however, that such license shall entitle the
holder thereof to serve nonintoxicating malt liquors in a separate room
of such restaurant to banquets or dinners at which. are present not less
than six persons.
PART D.
,MISCELLANEOUS PROVISIONS
Sec. 25. Hours of Sale.
(a)' No sale of nonintoxicating malt liquor shall be made between
the hours of 12:00 midnight and 8:00 A.M. on any Monday, nor between the
hours of 1:00 A.M. and 8:00 A.M. on any weekday, Tuesday through Saturday,
nor shall any sale be made on any Sunday between the hours of 1:00 A.M.
and 12:00 noon, nor between the hours of 1:00 A.M. and 8:00 P.M. on the
day of any statewide election.
(b) No sale of intoxicating liquor shall be made between the
hours of 12:00 midnight and 8:00 A.M. on any Monday, nor between the hours
of 1:00 A.M. and 8:00,A.M. on any weekday, Tuesday through Saturday; nor
between the hours of 1:00 A.M. and 8:00 P.M. on the day of any statewide
election..
(c) No on -sale or off -sale of intoxicating liquor shall be made
after 1:00 A.M. on Sunday, except that persons holding a Sunday sale license
or a Club Sunday sale license may sell intoxicating liquor between the hours
of 12:00 noon and 12:00 midnight on Sundays in conjunction with -the serving
of food.
Ordinance No. 902
Page 39.
(d) No off -sale of intoxicating liquor shall be made before
8:00 A.M. or after 8:00 P.M. on any day except Saturday, on which off -sales
may be made until 10:00 P.M., and no off -sale shall be made on New Year's
Day (January 1), Independence Day (July 4), Thanksgiving Day, or Christmas
Day (December 25), but on the evenings preceding such days, if the sale of
intoxicating liquor is not otherwise prohibited on such evenings, off -sales
may be made until 10:00 P.M., except that no off -sale shall be made on
December 24 after 8:00 P.M.
Sec. 26. Hours of Consumption. No intoxicating liquor or
nonintoxicating malt liquor shall be consumed by any person on, in, or
about the premises of any place licensed for the on -sale of intoxicating
liquor or nonintoxicating malt liquor after 1:30 A.M. of any day and prior
to the time of that same day when such place, pursuant to this ordinance,
may again begin to sell intoxicating liquor or nonintoxicating malt liquor.
Sec. 27. Place of Consumption. No intoxicating or nonintoxicating
malt liquor shall be consumed in a public park, on a public street, or in
any public place. No liquor or -malt liquor shall be consumed in any of
the places denied a .license by paragraph (c) of Sec. 20 of.this ordinance.
Sec. 28. Restrictions Involving Minors.
(a) No licensee, his agent, or employee shall sell, serve, or
dispense upon the licensed premises any intoxicating liquor or nonintoxicating
malt liquor to any person under the age of 18 years; nor shall such licensee,
his agent, or employee permit any person under the -age of 18 years to be
furnished or consume any liquor or malt liquor on the licensed premises;
Ordinance No. 902
Page 40
nor shall such licensee, his agent, or employee permit any person under
the age of 18 years to be delivered any liquor or malt liquor.
(b) No person under 18 years of age shall misrepresent his age
for the purpose of obtaining intoxicating liquor or nonintoxicating malt
liquor, nor shall he enter any premises licensed for the retail sale of
intoxicating liquor or nonintoxicating malt liquor for the purpose of
purchasing or having served or delivered to him for consumption any such
intoxicating liquor or nonintoxicating malt liquor, nor shall any such
person purchase, attempt to purchase, consume, or have another person
purchase for him any intoxicating liquor or nonintoxicating malt liquor.
(c) No person under 18 years of age shall receive delivery
of intoxicating liquor or nonintoxicating malt liquor.
(d) No person shall induce a person under the age of 18 years
to purchase or procure or obtain intoxicating liquor.or nonintoxicating
malt liquor.
(e) No person license'd under this ordinance shall purchase
for or furnish to any person under the age of 18 years any intoxicating
liquor or nonintoxicating malt liquor.
(f) In every prosecution for a violation of the provisions of
this ordinance relating to. the sale or furnishing of intoxicating liquor
or nonintoxicating malt liquor to persons under the age of 18 years, and
in every proceeding before the City Council with respect thereto, the fact
that the minor involved has obtained and presented to the licensee, his
Ordinance No. 902. .
Page 41
employee, or agent a duly issued and current driver's license from which
it appears that said person was 18 years of age or over, shall be prima
facie evidence that the licensee, his agent, or employee is not guilty
of a violation of such a provision, and shall be conclusive evidence that
a.violation, if one has occurred, was not willful or intentional.
(g) Any person who may appear to the licensee, his employee, or
agent to be under 18 years of age, and who does not have in his possession a
driver's license as above described, may sign and execute a statement in
writing as follows:
READ CAREFULLY BEFORE SIGNING
The following are excerpts from Minnesota Statutes, Section 340.731,
entitled "Minors, Forbidden Acts or Statements."
"It shall be unlawful for:
"Any person to misrepresent or misstate his.or her age,
or the age of any other person for the purpose of in-
ducing any licensee or any employee of any licensee, or
any employee of any municipal liquor store, to sell,
serve or deliver any alcoholic beverage to..a minor;
"A minor to have,in his possession any intoxicating
liquor, with intent to consume same at a place other
than the household of his parent or guardian."
VIOLATION OF THE ABOVE MINNESOTA LAW IS A MISDEMEANOR
PUNISHABLE BY FINE OF $300 OR 90 -DAY IMPRISONMENT, OR
BOTH.
My age is Date of birth
Place of birth:
My address is
Dated: Type of identification, if any:
Witness .
Signed
Ordinance No. 902
Page 42
The above form shall be furnished at the expense of all licensees desiring
to use the same, and when properly executed, may be considered by the City
Council in any proceeding before the Council relating to the business or
operations of the licensee. Such forms, after execution, shall be kept on
file by the licensee fora period of one year.
(h.) Religious Services and Medical Treatment Excepted. Nothing
in this ordinance shall be deemed to, prohibit the use of wine in the course of
religious services nor the use of liquor pursuant to the directions of a
physician as a matter of treatment.
(i) Ordinance To Be Displayed by On -sale Dealers. All estab-
lishments licensed for the on -sale of intoxicating or nonintoxicating malt
liquor are required to post copies of Sec. 28, paragraphs (a) through (e)
hereof, in every booth and near every .table where such liquor is sold, as
well as to display a copy prominently behind every bar.
(j) Ordinance To Be Displayed by Off -Sale Dealers. All estab-
lishments licensed for the off -sale of nonintoxicating malt liquor shall
prominently display a copy of Sec. 28, paragraphs (a) through (e) hereof,
behind every bar or counter where such liquor is sold.
PART E.
ANTISPIKING PROVISIONS
Sec. 29. No Liquor in Restaurants. No person shall take or carry
any intoxicating liquor to or into any building or place for the purpose
of consumption therein, nor shall any person consume any intoxicating liquor
f
Ordinance No. 902.
Page 43
in any building or place that is operated as a food establishment or a restau-
rant unless such.building or place is licensed for the on -sale of intoxicating
liquor pursuant to Part B of this ordinance.
Sec. 30. Mixing.or Sale for Mixing Prohibited. No person shall
mix, or sell for the purpose of mixing, any malt liquor, soft drink, or other
liquid or beverage by adding to or with the same any intoxicating liquor,
in any building or.place within the City, unless such building or place
is licensed for the on -sale of intoxicating liquor pursuant to Part B of this
ordinance.
Sec. 31. Illegal To Permit Mixing. No person shall suffer or per-
mit the consumption of intoxicating liquor, or any mixing or spiking of malt
liquor, soft drink, or any other liquid or beverage, by adding to the same
any intoxicating liquor, in any building or place operated as a restaurant
under a food handling license, unless such building or place is licensed for
the on -sale of intoxicating liquor pursuant to Part B of this ordinance.
Sec. 32. Presumption. The fact that any person in any building
or place within the City that is not licensed for the on -sale of intoxicating
liquor pursuant to Part B of this ordinance sold malt liquor, soft drinks, or
any other liquid or beverage to a person who thereupon and therein added
to such liquid or beverage any intoxicating liquor shall be prima facie
evidence that such liquid was sold by such, person for the purpose of adding
intoxicating liquor thereto, and shall be prima facie evidence that such
person and his employer suffered and permitted the mixing or spiking of
such liquid by adding intoxicating liquor thereto.
•
Ordinance No. 902
Page 44
Sec 33. Partial Invalidity. If any section, subsection, sen-
tence, clause, or phrase of this ordinance is for any reason held to be in-
valid or unenforceable as to any person or circumstance, the application of
such section, subsection, sentence, clause, or phrase to persons or circum-
stances other than those as to which it shall be held invalid or unenforceable
shall not be affected thereby, and all provisions hereof, in all other
respects, shall remain valid and enforceable.
PART F.
SALE OF INTOXICATING LIQUOR AT OFF -SALE.
Sec. 34. Sales Limited to Municipal Liquor Stores. Intoxicating
liquor shall be sold off -sale only in the premises of the municipal liquor
dispensaries.
PART G.
PENALTY
Sec. 35. Penalty. Any person who violates or fails to comply
with any provision of this ordinance shall be guilty of a misdemeanor,
and subject to a fine not to exceed $300, or imprisonment for a period
not to exceed 90 days, or both, with costs of prosecution in either case to
be added. Such penalty may be imposed in addition to any other penalty or
remedy herein prescribed in Ordinance No.. 141.
Sec. 36. Repealer. Ordinance No. 901 of the City of Edina is
hereby repealed in its entirety.
Sec. 37. This ordinance shall be in full force and effect
immediately upon its passage and publication.
Q: Is trine the first step toward the
issuing of a "hard liquor" license?
A: Minnesota statutes specifically pro-
vide that a wine license is separate
and distinct from a liquor license.
Q: Have Edina restaurants lost business
because they don't serve wine?
A: Yes. Edina's restaurant owners and
managers have cited many instances
where they have lost customers
because they cannot offer wine.
Q: Will the serving of wine be a detri-
ment to the youth of Edina (their
attitudes and usage)?
A: The circumstances mandated by the
statute allowing wine -only licenses
would not make wine more available
legally to underage persons. Coun-
selors'and people who deal with
drinking problems of youth have
said that beer, not wine, is usually
at fault. The vast majority of people
drinking wine are mature adults -
not teenagers or school kids.
Q: Would wine licensing affect the posi-
tion of the municipal liquor stores?
A: A wine ordinance in no way would
jeopardize municipal stores.
Q: Will a wine ordinance result in
"wine" on every corner?
A: No Zoning laws would preclude
restaurants which would otherwise
be eligible from opening in
neighborhoods.
Q: Will the issuance of Mine licenses
contribute to the social problems
of alcohol abuse?
A: While the abuse of alcohol is a
concern, the issue is not one of
abuse but rather one of permitting
responsible adults the right to
choose whether or not they will have
a glass of wine with their meal.
The solution to the social problem
of alcohol abuse is not one of
government prohibition but rather
one of social intervention.
Q: Will there be more problems for the
Police Department if restaurants are
allowed to serve wine?
A: Officials from all-of the metropolitan
communities that issue wine -only
licenses which were contacted have
said there are no problems from
restaurants with wine -only licenses.
Q: Does wine licensing of Edina restau-
rants have an effect on other
businesses in Edina?
A: Yes! Edina is recognized as a
regional shopping center and any-
thing that draws customers to Edina
affects our community's economy.
Q: Concerns have been raised about urine
bars. WouZd a wine ordinance allow
such an establishment?
A: No. The state statute would restrict
the sale of wine to establishments
that regularly serve meals at tables
and then only in conjunction with
the sale of food.
Q: If restaurant owners knew that
Edina did not allow urine, why did
they open their restaurant in
Edina?
A: Many Edina restaurants have been in
existence for some time and it is
only recently that wine has become
associated with the ambiance of food
and leisurely dining to the point
that many (if not most) persons
seeking to dine out will not patron-
ize a restaurant which does not
serve at least wine. Thus, while
the restaurant owners were aware of
the restrictions in Edina, they
-could not anticipate the demand.
which has developed.
In the last five years, wine has
become closely associated with the
ambiance of food'and dining. It is
now a required and compatible accom-
paniment, where previously it was
seldom requested.
Endorsed by
Edina Chamber of Commerce
Galleria Merchants' Association
Leisure Lane Merchants'
Association
Southdale Merchants' Association
Yorktown Fashion Mall Merchants'
Association
50th and France Business and
Professional Association
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ISSUES AND
ANSWERS
EDINA WINE ISSUE
C+ The basic issue i,
City Council will
responsibility to
ity they have and
licenses to Edina
whether_ the Edina
accept their
act on the author -
grant wine -only
restaurants.
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In 1978, the Minnesota Legislature
passed Minnesota State Statute
340.11, Subdivision 20 that allows
municipalities to grant on -sale
wine -only licenses to restaurants
which have a minimum seating capac-
ity of twenty -five guests,.have
facilities for serving and regularly
serve meals at tables, have adequate
staff to provide the usual and suit-
able service expcected, and then only
in conjunction with the sale of food.
C+ The basic issue i,
City Council will
responsibility to
ity they have and
licenses to Edina
whether_ the Edina
accept their
act on the author -
grant wine -only
restaurants.
at the next Regula, eeting
That /the staff recommend to the Council a method by which the question could be
researched and recommendations brought forth,as a result of that research that might
include the formation of a committee aVr proponents and oponents; and
to eliminate the possibility of a referendum on the question as a way of resolving
the issue (with the understanding that the Council could still call for a referendum
at a later date).
Ayes::..'.Bredesen, Turner, Courtney.
Nays: Richards,.Schmi•dt
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May 26, 1982
Honorable Members of the City Council:
We are a group of concerned citizens from the community of Edina.
Our immediate concern at present is the grave threat posed by the nuclear arms
race. As you. are aware, there has been a growing voice concerning this issue
nationally and internationally. The reason being, as Senator Dave Durenburger
remarked in an address in Washington on April 25, is the continual daily devel-
opment of nuclear and thermonuclear weapons, "each moving us faster down �the
road to oblivion." As many of you know, the Soviet Union can destroy every
United States city of over 100,000 in population 28 times. The United States
can destroy every Soviet City of 100,000 or more 35 times. The nuclear arsenals
of the United States and the USSR now equal more than 3 tons of TNT for every
person on earth.
Obviously, the nuclear arms race plays a major role in our national economy as
well as affects our individual lives. As Robert Lifton has reminded us, nuclear
weapons are so inconceivably horrible that they make us prone to "psychic numbing."
We believe thgt "psychic numbing is dangerous as sound policy can only be made
by an educatedi informed and involved public.
We therefore, propose that a referendum in support of a bilateral nuclear freeze.
should be added to the November, 2, 1982 city ballot. The resolution would read
as follows:
To irpprove national and international security, we hereby resolve
that the United States and the Soviet Union should stop the nuclear'
arms race. Specifically, they should adopt a mutual freeze on the
testing, production and deployment of nuclear weapons. This is an
essential, verifiable first step toward lessening the risk of
nuclear war.
We realize that the nuclear arms race and proposed freeze is a highly complex
Issue. Although our group supports the freeze, our objective is not simply to
persuade others to our point of view. Rather, we wish to offer the opportunity
.to let our concerns and opinions be voiced at a community level in light of our
goals as a democratic nation to make national and international policies. which
reflect the beliefs of the people. We believe that an effective way in which to
poll 'and state our stand as well as to stimulate further education and discussion
would be a city referendum such as is going before the St. Louis Park city Council
and similar to those passed in many cities across the nation.
Vith great respect and concern,
We therefore, propose that a referendum in support of a bilateral
nuclear freeze should be added to the November 2, 1982 city ballot: The
resolution would read as follows:
To improve national and international security, we hereby resolve
that the United States and the Soviet Union should stop the nuclear
arms race. Specifically, they should adopt a mutual freeze on the
testing, production and deployment of nuclear weapons. This is an
essential, verifiable first step toward lessening the risk of
nuclear war.
NAME ADDRESS
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We therefore, propose that a referendum in support of a bilateral
nuclear freeze should be added to the November 2, 1982 city ballot. The
resolution would read as follows:
To improve national and international security, we hereby resolve
that the United States and the-Soviet Union should stop'the nuclear
arms race. Specifically, they should adopt a mutual freeze on the
testing, production and deployment of nuclear weapons. This is an
essential, verifiable first step toward lessening the risk of
nuclear war.
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We therefore, propose that a referendum in support of a bilateral
nuclear freeze should be added to the November 2, 1982 city ballot. The
resolution would read as follows:
To improve national and international security, we hereby resolve
that the United States and the Soviet Union should stop the nuclear
arms race. Specifically, they should adopt a mutual freeze on the
testing, production and deployment of nuclear weapons. This is an
.essential, verifiable first step toward lessening the risk of.
nuclear war.
NAME ADDRESS
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We therefore, propose that a referendum in support of a bilateral
nuclear freeze should be added to the November 2, 1982 city ballot. The
resolution would read as follows:
To improve national and international security, we hereby resolve
that the United States and the Soviet Union should stop the nuclear
arms race. Specifically, they should adopt a mutual freeze on the
testing, production and deployment of nuclear weapons. This is an
essential, verifiable first step toward lessening the risk of
nuclear war.
NAME ADDRESS
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We therefore, propose that a referendum in support of a bilateral
nuclear freeze should be added to the November 2, 1982 city ballot. The
resolution would read as follows:
To improve national and international security, we hereby resolve.
that the United States and the Soviet Union should stop the nuclear
arms race. Specifically, they should adopt a mutual freeze on the
testing, production and deployment of nuclear weapons. This is an
essential, verifiable first step toward lessening the risk of
nuclear war.
NAME ADDRESS
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MESSAGE
For
Date
of
Phone
T ime
Message
Telephoned
Returned your call
Please call
Stopped to see you
ill call again
Wants to see you
Message
)IMD T02T.
GOMT-�) 71"Q � a
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THE NUCLEAR WEAPON FREEZE MEANS A HALT TO ANY
FURTHER PRODUCTION OF NUCLEAR WEAPONS BY BOTH
THE UNITED STATES AND SOVIET UNION. THE OBJECT IS
TO FREEZE THE ARMS RACE BY MUTUAL AGREEMENT:
NEITHER SIDE COULD TEST OR DEPLOY ADDITIONAL
NUCLEAR WARHEADS OR WEAPON SYSTEMS. THE HALT
WOULD BE NEGOTIATED INTO A TREATY.
Because the U.S. has enough nuclear weapons to destroy
every Soviet city of 100,000 at least 40 times; The Soviets can
destroy ours 22 times. How many times can you destroy one
city?
Because a U.S. Department of Labor study found that $1
billion spent in the civilian sector creates 20,000 more jobs
than if spent on military programs.
Because if the freeze were adopted this year, we would save
approximately $20 billion in weapons cost: money that could
be returned to our communities for programs that save lives
rather than destroy them.
Because a nuclear attack on just one city the size of Boston
would exhaust the entire medical resources of the nation in
treating burn victims alone.
Because the thermal and radiation effects of a nuclear war
would kill even those in shelters, and the fallout would reach
even those who evacuated.
Because today, in sheer tonnage, there is more explosive
material on earth than food.
Bother for your children and the children of future genera-
tions.
"WAR HAS BECOME A FRANKENSTEIN TO DESTROY BOTH
SIDES. NO LONGER DOES IT POSSESS THE CHANCE OF
THE WINNER OF THE DUEL -IT CONTAINS RATHER THE
GERM OF DOUBLE SUICIDE." General Douglas MacArthur
HASN'T OUR NUCLEAR DETERRENCE POLICY WORKED?
IT'S PREVENTED WAR SO FAR, HASN'T IT?
The nuclear holocaust that we all fear has been avoided
only because there have been no massive accidents or major
miscalculations --YET.
The United States is moving towards a computer -based
Launch on,Warning strategy: when our radar and satellites
suspect a Soviet attack, U.S. missiles will launch on warning
with no possibility of recall. In the last eighteen months, 152
computer malfunctions have been reported, putting U.S.
forces on alert until mistakes were discovered.
WOULD THE SOVIETS AGREE TO A FREEZE?
When it comes to arms control treaties and agreements,
history tells a clear story about Soviet willingness to
negotiate. In the past 21 years, the U.S. and U.S.S.R. have
signed 14 constructive and lasting agreements which have
not been violated by the Soviets. These include:
'1963 Nuclear Test Ban
'1967 Ban on nuclear weapons in outer space
1968 Non - Proliferation Treaty
1971 Ban on placing nuclear weapons on the sea bed
and ocean floor
`1972 SALT 1 Treaty
The Soviets have as much or more to gain by halting the
nuclear arms race as we do. Their economic development is
severely strained by supporting massive nuclear weapon
development.
HOW WILL THE FREEZE BE VERIFIED?
The Freeze will be monitored by photoreconnaissance
satellites and other devices which do not require presence on
the other countries soil. The U.S. presently has satellites that
can pick up symbols on license plates in Moscow. Any
cheating on a scale large enough to be significant would be
visible by these means....
WHY THE FREEZE?
The Freeze would be a first step toward global disarmament.
t
The Freeze would halt the development of first strike
weapons (weapons that can "wipe out' the weapons of the
other side before they are launched).
t
The freeze would halt the production of nonverifiable
missiles, such as the U.S. cruise missile. The Cruise missile
cannot be verified because of its small size. Once these
weapons are deployed on both sides, any arms control
agreement will be almost impossible to verify.
t
The Freeze, would reduce our federal budget and free up tax
dollars for more productive areas. Weapons are capital inten-
sive not labor intensive.
Once the Freeze is established and neither the U.S. or
U.S.S.R. is pressured to develop new arms by the opposing
side, there will be a favorable climate for negotiations aimed
at actually reducing the number of arms in both countries.
Scope of the Freeze
US Delivery Vehicles Soviet Delivery Vehicles
In Production:
In Production:
Improved Minuteman ICMB
SS-19 ICBM
Trident I SLBM
SS -N -18 SLBM
Air - launched cruise missile
SS -20 IRBM
(ALCM)
Backfire bomber
In Development.,
In Development.,
MX ICBM
SS -17, SS -18. SS -19
Trident II SLBM
ICBM Improvements
Longe -range ground and sea-
New ICBM
launched cruise missiles
New SLBM (SS -N -20)
(LLCM, SLCM)
Perishing II IRBM
New Bomber
"FOR THE LOVE OF GOD, YOUR CHILDREN AND THE
CIVILIZATION TO WHICH YOU BELONG; CEASE THE
MADNESS, YOU HAVE A DUTY NOT JUST TG THE GENERA-
TION OF THE PRESENT. YOU HAVE A DUTY TO CIVILIZA-
TIONS PAST, WHICH YOU THREATEN TO RENDER MEAN-
INGLESS, AND TO ITS FUTURE, WHICH YOU THREATEN TO
RENDER NONEXISTENT." ,George Kennan
WE ALL HAVE TO BOTHER. Our survival and the survival of
the planet is at stake. All over the country there are growing
communities of citizens who have united in their call to halt
the nuclear arms race.
FREEZE SUCCESSES:
• Statewide campaigns are well under way in the New
England states, New York, New Jersey, Maryland, Pennsyl-
vania, Oregon and Illinois.
• In three districts of western Massachusetts, the public
voted in a referendum for a moratorium on nuclear
weapons.
• Over 23,000 signatures have been gathered on the Freeze
petition in Connecticut.
• The Oregon and Massachusetts state legislature passed
resolutions calling for a nuclear weapon freeze.
• There are petition drives in at least 75 congressional
districts around the country.
' According to a recent Gallup Poll, if a referendum were
held to assess public opinion on nuclear disarmament, the
American public would vote in favor of nuclear disarma-
ment by a 2 to 1 margin.
PARTIAL LIST OF NATIONAL ENDORSERS:
Representative Shirley Chisolm, New York
Dr. Helen Caldlcott, Pediatrician
American Friends Service Committee
John Kenneth Galbraith, Economist
National Council of Churches
George Kistiakowsy, former Science Advisor to Presidents
William Winpsinger, Pres. Of Int'I. Assoc. of Machinists
BUT WHAT CAN I DO?
Do something every day. The individual effort of private
citizens all over the country will create a rumble impossible
for our leaders to ignore.
'Call or write your Senators and Representatives
frequently to express your support for the Freeze.
'Give copies of this brochure to all of your friends and
relatives.
"Make a list of people in the community that you do
business with. Tell them about the Freeze and ask if
they'll write a letter of endorsement.
'Join with others in your community who are working for
the Freeze.
WHAT IS HAPPENING IN MY COMMUNITY?
"People for Survival" is organizing a Minnesota Nuclear
Freeze Campaign. The goal is to collect 5,000 signatures in
each district of the state by late spring. The petitions will be
publicly presented to local, state and national represen-
tatives.
In Minneapolis - St. Paul, "People for Survival" is coor-
dinating neighborhood groups. Training sessions will be held
in February and March for people interested in petitioning.
The sessions will help people develop their skills in com-
municating about a nuclear weapon freeze and assist them in
developing neighborhood petitioning strategies.
PARTIAL LIST OF LOCAL ENDORSERS
Clergy and Laity Concerned
Minnesota Public Interest Research Group
Third World Institute
Friends for a Non - Violent World
Twin Cities Northern Sun Alliance
Physicians for Social Responsibility
Women's International League for Peace and Freedom
LOCAL CONTACTS
Minnesota Nuclear Freeze Campaign
People for Survival Clergy & Laity Concerned
1925 Nicollet Ave. S. 122 W. Franklin Ave.
Mpls., MN 55403 Mpls., MN 55404
870 -1501 871 -8033
Second Opqq ini e effects of nuclear war
Physicians for Social Responsibility - Twin Cities Chapter
May 1982
Volume 1, Number 1
Twin Cities PSR symposium will explore medical effects of nuclear war
A symposium on the medical consequences of
nuclear weapons and nuclear war will be held
under the auspices of PSR Twin Cities and the
national PSR organization on November 20.
The all -day event will include presenta-
tions by nationally respected authorities. It has
been approvedfor Category I continuing medical
education credit.
Physicians and other interested persons
in the Upper Midwest are urged to plan to attend.
The symposium will take place on the University
of Minnesota Twin Cities Campus. Registration
materials will be sent out in September 1982.
PSR has sponsored similar symposia in
New York, Los Angeles, Boston, San Francisco,
Seattle, Albuquerque, Chicago and Washington,
D.C.
"The undertaking of this project gives us
an excellent opportunity to communicate more
effectively with the physicians of the Upper
Midwest," said Thomas Mackenzie, M.D., co-
chairperson of PSR Twin Cities Chapter. "It is our
most ambitious undertaking so far, and one for
which we will be working to identify and develop
new sources of assistance. New people are
coming forward all the time. It's another good sign
that our efforts are building momentum in
Minnesota."
Nuclear attack scenario: Twin Cities metro area left in ruins
The Federal Emergency Management Two are assumed to be airburst over the
Agency (FEMA) has based Twin Cities Civil capitol building in St. Paul and the IDS Tower in
Defense planning on an attack scenario involving Minneapolis. The third is a ground burst at the St.
three five - megaton warheads. Paul- Minneapolis airport.
Effects of a nuclear attack on the Twin Cities metro area
Sources: Congressional Office of Technology Assessment and Glasstone, The Eff ects of
Nuclear Weapons, 1977, U.S. Department of Defense.
Zone 1. More than 12 psi.
Total destruction.
Firestorm. Almost no sur-
vivors.
Zone 2.12-5 psi. All
residences destroyed,
50% fatalities.
Zone 3. 5 -2 psi. Major
structural damage to
buildings. Half the popula-
tion Injured. Winds of 70
mph.
Zone 4. Bums to un-
protected persons. Fallout
danger.
Y
is
On a day with typically good visibility in
early April, the attack occurs with no warning as
three warheads arrive at 16,000 miles an hour,
borne by SS -18 missile. Two explode at
8- 10,000 feet in the air and the third near
ground.
Each warhead has the explosive power
of 5 million tons of high explosive.
The cities are instantly ignited by the
three simultaneous fireballs, whose heat reaches
its peak two seconds after detonation. The flash
causes immediate third - degree burns to un-
protected people as far away as Stillwater, the
Apple Valley zoo and Coon Rapids.
At the airport, the fireball digs a crater
one -half mile in diameter and 400 feet deep, with
a rim of highly radioactive debris piled up another
quarter -mite from the edge of the crater.
The groundburst fireball rapidly enlarges
to 312 miles in diameter, vaporizing the.
Metropolitan Sports Arena and the Veterans Ad-
ministration Hospital. No trace is left of these
structures and their occupants. In an instant,
1,400,000 of the metro area's 1,600,000 in-
habitants are killed, and the remainder are injured.
In the area exposed to 12 pounds per
square inch of overpressure (psi), all structures
are totally destroyed. This area extends 4.4 miles
from the airbursts, encompassing nearly all of
Minneapolis, St. Paul, South St. Paul and
Richfield.
The blast wave reaches these city limits
in 14 seconds, accompanied by winds of 300
miles an hour. It is immediately preceeded by
thermal radiation of 200 calories per cubic cen-
timeter. (Twenty calories per cubic centimeter will
ignite plywood.) A firestorm may occur. One hun-
dred fifty square miles are completely devastated
in this zone.
All residences are demolished in the next
zone, which extends outward to a radius of 7.5
miles. The blast reaches this area 30 seconds
after detonation. It is accompanied by winds of
160 miles per hour and heat reaching 70 calories
per cubic centimeter. At least 50 percent of the
people in this 5 -12 psi zone would die
immediately.
In the next zone, houses are severely
damaged by overpressures of 2 -5 psi, and at
least half the inhabitants are injured to a radius of
14 miles. The blast wave arrives 57 seconds
after detonation; it is accompanied by winds of
70 miles an hour.
While those exposed to immediate radia-
tion from the fireballs have already been killed by
blast and heat, those unfortunate enough to be
downwind of the airport groundburst would be
lethally exposed to radioactive fallout over an
elliptical area of about 600 -800 square miles. A
lethal dose is defined as 400 Rem in 24 hours.
The extent of such radiation levels is speculative,
since there has never been a groundburst nuclear
explosion greater than several kilotons.
For one week after the explosion, an area
of more than 33,000 square miles is
uninhabitable downwind; for a month an area of
23,000 square miles would have to abandoned.
To put this in perspective, the State of Maine
covers 31,000 square miles.
Above the smoldering ruins, perhaps ris-
ing above a firestorm with temperatures ap-
proaching 800 degrees Centigrade, the
mushroom clouds coalesce with their tops at
80,000 feet in the air. (Sources: The Congres-
sional Office of Technology Assessment and
Glasstone, The Effects of Nuclear Weapons,
.1977, U.S. Department of Defense)
PSR speakers address public in growing numbers
Twin Cities PSR members have participated in a
growing number of public speaking engagements
in recent months, and many new PSR speakers
will be on the local speaker's circuit in weeks
to come.
"Interest in public speaking has become
noticeably stronger among our members,"
reports Phyllis Goldin, M.D., who is responsible
for scheduling PSR speakers in response to
requests from PSR members and non - affiliated
organizations.
Nineteen new volunteer speakers attend-
ed a training session early in March. They
discussed ways to refine their presentations and
speaking style, and they received information on
the educational resources available through PSR.
The Twin Cities PSR Chapter participated
in at least 14 speaking engagements during
March, Goldin said, and at least 10 were
scheduled for April at the time of this writing.
Audiences have ranged from small groups to as
many as 1,500 persons.
"We're getting requests from all over
Minnesota and adjacent states," Goldin said.
"There are no chapters yet in Duluth and several
other of the larger cities, so we plan to do
speaker's training to identify and develop local
resources in those places, too."
Requests for PSR speakers are invited
from medical, religious, civic, business and other
organizations. The number to call for scheduling -
PSR speakers is 612/724 -2957.
2 Second Opinion May 1982
Editorial: It is time for a second opinion
"Now we are sitting at the breakfast
table, drinking our coffee and reading
the newspaper, but in a moment we
may be inside a fireball whose
temperature is tens of thousands
of degrees."
— Jonathan Schell,
The New Yorker,
February 15, 1982
The threat of nuclear war is ominous and real. In
one microsecond, one nuclear weapon releases
more energy than was ever released by all con-
ventional weapons in all wars in all of history.
The use of nuclear weapons in an all -out
exchange would immediately kill hundreds of
millions of individuals on a scale of brutality im-
possible to imagine. It might also disrupt the
ecosphere enough to jeopardize the survival of
those who remain.
Over the next 10 years, up to 20 addi-
tional nations may have the technical ability to
fabricate nuclear weapons; thus, our children may
live in a world far more precarious than ours is
today.
Our government's response has been to
increase funding for civil defense planning and to
step up the production of more nuclear weapons.
Fortunately, alternatives are being
discussed with increasing regularity. The Pope
has sent members of the Pontifical Academy of
Sciences to educate leaders in the United States,
the Soviet Union, France and Britain about the
consequences of nuclear war. Rabbi Alexander
Schindler, president of the Union of American
Hebrew Congregations, recently called the
nuclear arms race "the central moral issue of our
day." In March 170 senators and congressmen in
Washington joined five state legislatures, two
former U.S. ambassadors to the Soviet Union and
a former director of the CIA in endorsing a pro-
posal for a mutual U.S.- U.S.S.R. freeze on the
testing, production and deployment of new
nuclear weapons systems.
Last December the American Medical
Association passed a measure mandating that
physicians inform American leaders and the
general public about the consequences of
nuclear war.
The growing momentum is beginning to
be felt in Washington. In late March, the Reagan
Administration announced its intention to open
strategic arms reduction talks with the Soviets
this June.
Although there are many signs of a
groundswell of awareness in this country, a great
deal of work remains to be done before our
children are safe from the threat of nuclear
holocaust.
PSR is gearing up to undertake part of
this work.
The national PSR organization has grown
from 1,000 to 11,000 members in the past year.
Two = thirds of these are physicians, and there are
now 85 PSR chapters in 45 states. Our Twin
Cities Chapter is growing rapidly and now has
250 members, of whom 100 are physicians.
Since the founding of the Twin Cities
PSR Chapter, our activities have been performed
exclusively by volunteers who also carry a heavy
burden of professional responsibilities. We are
now planning an ambitious expansion of our
educational activities so that we can
communicate more effectively with opinion
leaders, the media and the general public.
Second Opinion is the first step of that
expansion. The name of this newsletter refers to
the objective opinion given by a second physician
when the patient's own doctor has diagnosed a
critical health problem.
In this instance, we and our patients are
confronted by the terminal prospect of nuclear
war. The government's prescription is a spiralling
arms race and "more effective" civil defense
programs.
It is clearly time for a second opinion
when our government has begun planning for
recovery after a nuclear attack.
Through this newsletter we hope to give
a timely and concise presentation of information
about our nuclear predicament. We hope to pro-
vide access to educational resources that will
help people understand the full risks of nuclear
war. Our next issue, for example, will provide a
list of books and articles to help readers educate
themselves and the people around them.
Production of this newsletter and expan-
sion of PSR's outreach reflect a high level of com-
mitment and will require more funding than is
available from local dues.
Please give generously using the form on
the last page. Only by working together can we
assure our children a future. Only by working
together can we build the current groundswell in-
to significant mutual arms reductions.
— Arnold London, M.D.
_ Nuclear weapons -are suicidal, -says former NATO ambassador
Nuclear weapons are suicidal and are thus For this reason it is disturbing that the United
unusable as a means of achieving victory in war. States and the Soviet Union are both working to
May 1982 Second Opinion 3
r'
obtain a nuclear war - fighting capability. These are
the opinions of Harlan Cleveland, former U.S. am-
bassador to the North Atlantic Treaty Organiza-
tion (NATO) and now director of the Hubert H.
Humphrey Institute of Public Affairs at the Univer-
sity of Minnesota.
During his more than 15 years of ex-
perience in U.S. diplomatic service, Cleveland
said, he never encountered a credible (i.e., not
suicidal) scenario involving the use of nuclear
weapons.
Speaking at the March meeting of the
Twin Cities PSR Chapter, he also warned that the
Third World countries, which are destabilized by
colliding traditional, technological and egalitarian
forces, could well be the flash points of
Soviet -U.S. conflict.
The Nuclear Freeze campaign is an "im-
portant first step" toward reducing the threat of
nuclear war, Cleveland said, and is evidence of a
groundswell of public concern about the
escalating race in nuclear weapons.
The Nuclear Freeze proposal calls for a
complete freeze by both the United States and
the Soviet Union on the testing, production and
deployment of new nuclear weapons systems.
(See the News Scanner section of this issue.)
Editorial: Individual actions can make a difference
Fatalism isan apt word for the resignation with
which so many respond to the threat of nuclear
destruction.
Even as the storm gathers, most of us re-
main preoccupied with the daily needs of our
families, the pressures of our careers and the
pursuit of short-term rewards.
Yet all such concerns pale beside the
threat of nuclear war.
We should cherish the civilization - building
side of the human spirit, which drives us to invest
in the best of futures even as we fear the worst.
But we must also be wary. Our present
dangers result —at least in part—from our reluc-
tance to respond to the sources of our deepest
dread.
Collective action has always been the
American's best alternative to individual despair. It
still is today.
"When one tries to face the nuclear
predicament, one feels sick," writes Jonathan
Schell in the New Yorker, "whereas when one
pushes it out of mind, as apparently one must do
most of the time in order to cant' on with life, one
feels well again."
"But this feeling of well -being is based on
a denial of the most important reality of our time,
and therefore is itself a kind of sickness."
Nuclear war remains unthinkable to
many, but it is entirely within our means.
"America needs to wake up and make up its mind
that there could well be a war and prepare for it,"
says General John Vessey, who becomes chair- .
man of the Joint Chiefs of Staff in July. "Make no
mistake," echoes Samuel Cohen, the man who
first conceived the neutron bomb 20 years ago,
"there will be a nuclear war soon."
It is hard enough to stop denying our
situation — we must also learn to cope with
depression and channel our anger into construc-
tive action.
"Prospects of doom paralyze action just_
as certainly as naive hopes render action un-
necessary," observe the authors of Seven
Tomorrows, an SRI International study of the
United States in the 1980's and '90s.
- "We need a future we can affirm, a future
that is neither so hopeful as to be unrealistic, nor
so grim as to invite despair. Optimism and
pessimism are not arguments. They are opposite
forms of the same surrender to simplicity... both
optimists and pessimists allow themselves
irresponsible actions because they believe
individual actions have no significant
consequences."
Human choices do make a difference.
Choice produced the highest achievements of
civilization, and choice now drives us to the brink
of destruction. Why can't it bring us back?
To strive for a reduction in the threat of
nuclear war is to invest in a hopeful future. It is an
act of faith, an affirmation of commitment to life
and the alleviation of misery.
Your refusal to passively accept the
negation of human values is a step toward mental
health and useful action. It is, more concretely, a
step toward physical safety.
What, then, can individuals do? The first
commitment is to educate yourself and the
opinion leaders within your reach. The next is to
join in collective action by supporting PSR and
like- minded organizations.
Even your time must be dominated by the
demands of daily life, you can still invest your
money in the future. Please contribute to the
work of PSR.
—David Vranicar
4 Second Opinion May 1982
1�
News scanner
This premiere issue of
Second Opinion is being
distributed broadly" in hopes
of reaching new audiences
and attracting new
members.
This effort is consis-
tent with PSR's goal of ac-
curately educating physi-
cians and the general public
about the effects of nuclear
weapons.
The Reagan Administration has decided to add
as many as 17,000 nuclear warheads to the
existing U.S. stockpile of 25,000 weapons,
according to estimates based on calculations
using information from the Defense Department's
budget and programs. Many of the new weapons
will replace older ones. The expansion in warhead
production would be the largest in 20 years.
(Minneapolis Tribune, March 1, from the New
York Times)
Cuts In the proposed defense budget are
favored by a 52 percent to 43 percent majority
of the American public. These people believe
$10 billion should be eliminated from the $36
billion requested increase.
The majority includes important
segments of the people who voted for President
Reagan in 1980. (Business Week, March 29)
Support for a "nuclear freeze" is growing
nationwide. Senators Mark Hatfield, R- Oregon,
and Edward Kennedy, D- Massachussetts, have
entered a congressional resolution that would
have the United States and the Soviet Union seek
a "mutual and verifiable freeze on the testing,
production and further deployment of nuclear
warheads, missiles and other delivery systems."
At the grassroots level, legislatures in
Minnesota, Massachussetts, Oregon, Connec-
Membership dues do
not cover the cost of the am-
bitious programs the Twin
Cities PSR Chapter is under-
taking.
We urgently need your
support to expand our future
work. Please send in your
tax- deductible contribution
with the form on the last
page.
ticut, Maine and Vermont have passed freeze
resolutions. Twenty-two city councils have pass-
ed similar resolutions, as have more than 200
New England town meetings.
Freeze organizers are operating in 73 of
87 Minnesota counties and in most Twin Cities
neighborhoods. Mayors Donald Fraser of
Minneapolis and George Latimer of St. Paul have
endorsed the freeze.
Several major religious conventions and
69 Roman Catholic bishops also support the in-
itiative. (Minneapolis Tribune, March 21.)
The nuclear freeze proposal is simplistic and
Irresponsible because It would freeze the
Soviets' "general superiority In offensive
systems, allowing them to further refine their
destabilizing counterforce abilities."
The freeze would also have only a
modest impact on federal budget deficits
because of the long lead time involved in
weapons procurements.
"Such seductively simple panaceas
pander to the widespread desire to believe that
there can be an easy, cheap escape from the
dangers posed by modern physics and the
modern Soviet state... The Soviets are serious
about arms limitations only when America's pro-
grams compel Soviet seriousness." (George Will
editorial, reprinted locally from the Washington
Post)
May 1982 Second Opinion . 5
"PSR may be the most effective group In the
antinuclear movement." A 15 -page article gives
an overview of the rising U.S. sentiments for
reducing the threat of nuclear war.
"If there ever is a nuclear war," says a
longtime strategic specialist under the Nixon ad-
ministration, "it will be like August 1914 —a
gradual losing of control. There would be rival
alerts, no one backing down, no one wanting to
fight, but a mounting confrontation that could lead
to-fighting." (Time, March 29)
Two opposing sides in a debate about plans to
use civilian hospitals to care for as many as
50,000 military casualties are presented In the
New England Journal of Medicine.
The Defense Department's plan for a
Civilian - Military Contingency Hospital System
( CMCHS) calls upon hospitals all over the United
States to volunteer to free up a minimum of 50
beds each fbr wounded military personnel who
would be flown in from foreign battlefields.
Theplan is intended to provide medical
care for an unprecedented number of victims suf-
fering from blast and thermal injury. Because U.S.
defense officials have confirmed that CMCHS
would be used to treat casualties resulting from
use of tactical nuclear weapons, PSR has criticiz-
ed the plan on grounds that it is preparation for
nuclear war. (New England Journal of Medicine,
March 25, 1982, Vol. 306, No. 12)
Following a nuclear attack, the U.S..Postal Ser-
vice plans to distribute Emergency Change of
Address Cards. And the National Defense
Stockpile of Strategic and Critical Materials will in-
clude 130,000 pounds of opium for use by sur-
vivors. These and other preparations are among
the plans being laid by the Federal Emergency
Management Agency (FEMA) to cope with the ef-
fects of nuclear war. More than 30 other govern-
ment departments and agencies have been
assigned the task of restoring order after an at-
tack. (Esquire, March 1982 eight pages)
President Reagan's five -year program to build
up the U.S. military at a projected cost of $1.6
trillion will come at the expense of the nation's
economic health, according to a report of the
Council on Economic Priorities.
The result will be huge federal deficits,
higher unemployment, slower economic growth
and slippage in the international position of the
U.S. economy.
The study was commissioned by the
Machinists Union and the Coalition fora New
Foreign and Military Policy, which consists of 49
church, peace, social service and research
organizations generally identified with liberal
causes. (Minneapolis Tribune, from the
Associated Press)
U.S.-Soviet arms negotiations to reduce
strategic nuclear weapons could begin as early
as this summer. The U.S. drive to open the
Strategic Arms Reduction Talks (START) is partly
in response to growing antinuclear sentiment in
this country and Western Europe. (Minneapolis
Tribune, March 24)
Concerned business executives in Chicago
have formed an organization called Business
Executives Move (BEM), whose purpose is to
oppose the spending of $1.5 trillion on the U.S.
military during the next five years.
The first task for BEM is to provide a
structure for business executives worried about
,the dangers of nuclear war and the debilitating
effects on the U.S. economy of excessive military
expenditures. (Chicago Tribune)
Second Opinion is published periodically by Physicians for
Social Responsibility (PSR), Twin Cities Chapter. PSR is a
non - profit organization of physicians and concerned public
dedicated to reducing the threat of nuclear war.
Letters, articles and ideas for future stories or
editorials are welcome. Please address editorial inquiries and
change -of- address notification to Editor, Second Opinion,
Physicians for Social Responsibility, P.O. Box 14025, Min-
neapolis, Minnesota 55414. The telephone number is
612/724 -2957.
Articles and editorials in Second Opinion may
be quoted without permission, but acknowledgment of the
source is requested.
Editor: Arnold London, M.D.
Managing Editor: David Vranicar
PSR Steering Committee, Twin Cities Chapter:
Thomas Mackenzie, M.D.; co-chairperson, Anne Ledell
Hong, R.N., Co- chairperson; Arnold London, M.D., treasurer;
Lee Dean, Ph. D; secretary; Julie Keller, member at large;
John Mahan, M.D., member at large; Eric Markusen, member
at large.
6 Second Opinion May 1982
Calendar
PSR activities
Twin Cities Civil Defense plans
will be the topic of the Twin
Cities PSR Chapter meeting on
Monday, May 10, at 7:30 p.m.
in the Massie -Moos Education
Building at 26th and.Chicago
avenues in Minneapolis.
Members and public are
invited.
Related interest
Dr. William Sloane Coffin Jr,
pastor of Riverside Church in
New York and antiwar activist,
will talk about "The Arms Race
or the Human Race" at Mt.
Olivet Lutheran Church on
Wednesday, May 5.
Advance reservations
may be made 'by mail before
Membership information
May 3. The cost is $3.00 for
advance registration, $4.00.at
the door. Student fees are
$1.50 and $2.00, respective-
ly. For information call
612/641 -3207.
PSR will join the World
Federalist Association and 70
other groups in co- sponsoring a
"People Waging Peace," a pro-
gram of speeches, exhibits and
entertainment in observance of
the 25th World Law Day. The
event will be held on the
University of Minnesota Twin
Cities campus Sunday, May 2,
from 1:30 to 6:30 p.m.
Admission is free of
charge and open to the public.
Among the speakers
Membership is open to all. It entitles you to
receive the national and local newsletter and to
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count of the number of medical members, PSR
offers the following membership categories:
member (M.D., D.D.S. or D.O.), associate
member (all others), medical student member,
will be Eugene Carroll, retired
rear admiral of the U.S. Navy
and now deputy director,
Center for Defense Information;
Nancy Ramsey, Women's Inter-
national League for Peace and
Freedom; Donald Harrington,
past president, World
Federalists, and currently
minister, Community Church,
New York City; John Feda,
Minnesota Commissioner of
Education; George Latimer,
mayor of St. Paul; Don Fraser,
mayor of Minneapolis; and
David Brink, president,
American Bar Association.
For more information
call 612/729 -5133 or
612/781 -7384.
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$10 a year for both categories of student
members. New members are also asked to add a
one -time contribution of $10 ($5 for students) to
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successful gerrymandering. In Indiana,
which will lose one seat, the G.O.P. -
dominated legislature passed a plan that
put three Democratic incumbents into
the same district. The G.O.P. has also
profited from internecine warfare among
the Democrats. In Massachusetts, which
must shed one seat, the Democratic legis-
lature pushed Republican Congresswom-
an Margaret Heckler and Democratic
Congressman Barney Frank into the
same district. The new seat contains
about 70% of Heckler's old district, and
the legislators stoutly refused to tack on
the Democratic city of Framingham to
bolster Frank's chances. The abrasive
Frank evidently made a lot df enemies in
the Massachusetts house of representa-
tives, where he served for eight years be-
fore winning a seat in Congress in 1980.
Among those states that have not fin -
fished redistricting, New York is the
most notable laggard. The state must give
up five seats, the largest loss in the nation,
and the Democratic assembly surely will
shoot down the plan passed last week by
the Republican senate. In Pennsylvania,
which will lose two seats, the Democrats
joined with the Republicans to obliterate
the district of Democratic Congressman
Eugene Atkinson, who was unpopular in
his own party. But then Atkinson switched
parties last October, and so the Republi-
cans went back to the drawing boards to
protect their prized convert. In Texas, Re-
publican Governor William Clements ca-
joled the Democratic - controlled state leg-
islature last summer into adopting a plan
that turned a pair of mostly white Demo-
cratic districts in Dallas into one largely
black Democratic district and one over-
whelmingly white Republican district. In
February, however, a three -judge panel
opposed the plan because it concentrated
minority voters in one district. The judges
redrew the Dallas map two weeks ago, but
not before a political free- for -all, in which
candidates campaigned in neighborhoods
that ended up being out of their districts.
. In California, the Republicans have
managed to place a referendum on the
June primary ballot challenging the Bur-
ton plan, but the California Supreme
Court, by a vote of 4 to 3, has ruled that
the disputed plan may be used this year,
no matter what the outcome of the refer-
endum vote. In an unlikely alliance, the
state's Republicans have teamed with
Common Cause to place an initiative on
the November ballot granting redistrict-
ing powers to a ten - member commission.
But voters can foil even the most de-
termined attempts at fairness. After the
1970 census, the Iowa Supreme Court
carefully created two districts in the east
for the Democrats and two districts in the
west for the Republicans. Guess what?
The Democrats now hold both seats in the
west, while the Republicans are safely en-
sconced in the east. —By lanes Kely
Reported by Bertja * W Cate /Los Affgelss.
wft *leer ILLS. bw*=s
Vermont Bans the Bomb
In town meetings, citizens take a stand against nuclear arms
Frederick Houston, r4 t, on the Newfane dais
on the first Tuesday in March, Ver-
moat citizens convene in their towns,
pretty much as New Englanders have
done for three centuries, to govern them-
selves. These town meetings are exem-
plars of grass -roots democracy, but they
rarely deal with issues of national, much
less international, significance. This year
was different. On agendas throughout the
state, tucked between routine budget mat-
ters and garbage -dump disputes, was a
motion calling for a moratorium on the
spread of nuclear weapons. In all but 31 of
the 192 towns voting, the motion was ap-
proved. "The people of Vermont," said
Patrick Leahy, their Democratic Senator,
"are way ahead of the Congress and the
Administration on this issue."
In fact, nudging Washington was the
point of the vote. With an almost quaint,
civics -class formality, the antinuclear
proposition called on the state legislature
to pass a resolution directing Vermont's
three -man congressional delegation to
urge President Reagan to propose a mutu-
al nuclear arms freeze with the Soviet
Union. On Friday in the Vermont state
legislature, the house passed the resolu-
tion, 103 to 26. Similar measures have
been approved by six other states, and
town meetings in Maine and New Hamp-
shire are about to address the issue. In the
Senate this week, Democrat Edward
Kennedy of Massachusetts and Republi-
can Mark Hatfield of Oregon plan to in-
troduce a resolution closely resembling
the one adopted in Vermont.
David McCauley, a Quaker activist
from Putney, Vt., organized the successful
campaign in his state. "We needed ways
for people to act locally," McCauley says.
"The town meeting format is just that."
In Newfane (pop. 1,129), 20 hilly
miles from Putney in southern Vermont,
the proceedings got under way promptly
at 9 a.m. The local grange hall has a fit-
ting Puritan homeliness, all hard -edged
monotones except for the American flag
near the dais. By 11:45 a.m. 17 of the 22
"articles" on the "warrant" had been dis-
cussed and voted on. Municipal officials
won 50c -an -hour raises. A local rescue
squad was granted a $2,291 subsidy.
Moderator Frederick Houston, a local
lawyer, announced that one more article,
placed on the warrant by petition of 5% of
Newfane voters, would be deliberated be-
fore the lunchtime recess. "It won't take
long," said Houston, who then quickly
read through item 18, which urged "a mu-
tual freeze on the testing, production and
deployment of nuclear weapons, and of
missiles and new aircraft designed pri-
marily to deliver nuclear weapons, with
verification safeguards satisfactory to
both countries."
A congenial dissenter, Roy Brooks.
rose to speak. "Being against this." said
the retired Army colonel, "is like being
opposed to motherhood and apple pie.
But it is pretty silly for us to be advising
the country on foreign policy." Brooks
was no longer smiling. "Those people
who are pushing for it are the same peo-
ple who argued for unilateral disarma-
ment. They want us to roll over on our
backs like a defeated dog and say every-
thing will go on happily ever after." Ber-
nard FriedeLson, a businessman, was any-
thing but defeatist in his rebuttal. Said he:
"To reverse the trend toward nuclear
warfare is a voyage of a million miles.
Like all voyages, it starts with a single
step. This town meeting is the place to
take that first step."
By noon the debate was over. Each of
124 Newfaners wrote yes or no on a paper
slip and filed up to a pair of white wooden
ballot boxes. Soon Houston announced,
"94 for and 30 against," to a solid wave of
applause.
Gerald Ebbesen, 72, a World War II
veteran. voted for the nuclear weapons
ban. "There's been a lot of saber rattling
lately." said Ebbesen. adjusting his hunt-
er's cap to leave. "I'm as American as the
next, but it's good to know this town has
enough common sense to push ahead a
measure like this." The White House, let
alone the Kremlin, is far removed from
Newfane, but not. Vermont's citizens in-
sisted last week, beyond reach. ■
16 TIME, MARCH 15. 1982
, � 13A
Barry Truman is a hero of mine. But
.Me is aW responsible for the grealrs1
+ VhUQal and .. Wkl q,*r
made by any US. president in histo-
Ty. He authorized the dropping
At
atomic bombs on the urban centeis
HirosItima
August 1945 and Nagasaki, Jaaen.
-vpr dmt time World War II in ldm"
:OM over. Hitler and Mussolini wart
Berlin had fallen oo May 2
y bad surrendered on id .7
'(V-E Day). Everyone knew that the
war in the Pacific was all but o�er.
810oadeleas Truman gave periwa-
4A1m to drop the bombs on the deabe-
ly populated dries of HlrashUM
(Ang. 6) and Nagasaki (Aug. 9). On
r;A� 14 Japan sued for surrender,,
°dent Truman could have 8§014 -
t:0011 the Japanese to the lathat po4var
r of atomic bombs by having one bf
;14b= dropped. on a prearraoWd
Schedule, at some remote anpopulW-
ed area where the Japanese leaders
` belild later observe the total AM
. 411esdty power o: these weapons,' Btit
°fie "ptaident. advised by our ndll-
' =Va leaders, approved the won
nb drop the bombs on teas of tdq-
:eaads of Japanese civWaaL w
9"Ce that day of infamy, the nuclear
arms race has become a passion IF
IM United States According tb—a
editorial Is toe National C 9W
10c M*Pwter, our unclear stocWk
tow ties tougher 615,000 times ale force of the Hlrashtipa
.isles; dur arrrew supply of medear
ate. added
ID that of FAMEW
'+.BdaM local 12 toes of TNT for emy
°Isla, woman and Child an earth; aid
;�ihe IoW Pentagon bvdpd projn
,w ION calls for an expeaditarq pf
Mon dollars a day.
2iloi Admiral By 4iw *M the navy in �
6e
bow no he was -not F"r of as
key rote r kdbdiag oar pairs
;may. Am eming the Jaunt Economic
i commixtee of the Rom ant
..ON 1aaDary 2tt, Ae pleaded for Iibe
dowlssdiooe of as aadear
;]O! said it Is - eamnse" tbr�e
'*Mod now to a7' to sasaeh 4fhe
�Irlet naval baftdap -" lar mgr
>it�ir Department ie�d . of .
t of Defense r to
.Posse the nuclear copabi>!hr
�ooatryrto sueh a level teat we
a nuclear war. in - me, vwaa f
Accred navy Admiral Gene Ls-
Mbeque, 'The Reagan motion
,yr�r m spend more khan S=
00 scratepc nuclear to
next six years alone In an
move from a capability to dA&
• "'t- war — which we have pfls-
''AdY — b a capability to fight ewd
;,On one." Db
leas the Pen /1t
r te®on ttrat'
•dent True M to drop
' ibmbs to Japan. It is the Pen
that is, to effect, advising President
aOMn to sacrifice health care, edu-
sa UM social service, flood roads,
Poygroands, national pane, the
miming arts, the stock market, Ve
smoaal economy, school lunches,
asd what this greet —nm Gone
prized — its honor and a sense;4f
paW C morality — in order Mat,mM
alight prepare to win a nuclear war.-
Be It said that this scary soeoaf ie
Was not Reagan's initial plan. Last
gear he .called on the American '
On to sacrifice and cat beck m
6nits In order to get the Jed 12
budget under control. Not surprising
.Jr, The citizenry responded favgf.
*My- From Congress to Main Stz"t
3bere was a readiness to face
!ad that this country has iDd6ed
been living beyond its means
ML;ast week to Cheyenne and Algy-
gaerque, the president told us that;p
IM billion deficit is not really
drat 'bad — as long as It will,atisure
Ipls country of nuclear tt
M unspoken value system on wtq
that statement rests ought to be ctrj-
'imged is every forum open to a ft
Citizenry.
%e twin propositions, that a
qr Is winnable and that pn+aj
po win such a war is worth OW pace,
F e such totally unacceptable ju*,
�XMM that quirt, peaceful efflzOhs
t0ke.this writer) become stident.)
Their' efforts to mount an a"
albottel.
At tbwa meetings in Vermont
TOOday, 121 towns voted to Orr
Vatted Slat to Stop " sesm
W deploying nuclear weapons. ' 7b
OMBfornia, petitions are drealatiaS
It a* the voters next November Ag
to for a bilateral t'r eels ft im 9
Hear weapons by the. Unit W
.Aid The USSR. The members of
Eabbi Einstein Peace Pries
an have began orpub lag
ih every state. caning for
1 an sad
,� A , .
4 a %,tlng that the cmeas IN' _�jb
.Vow States take a 1WW. ro1c
tie Mounting woridrwide mort'i'
lvsr of DWAM d
_ isarmament FIt-
iij *ecause oar country is the oiP�
000 In 1!e world fbst b— �r
Ma awim weapons agsi" UP
populations.
OWfiargf.e at God help a
-.
cA
Mow - 41 i
James pj ,
Shannon
Barry Truman is a hero of mine. But
.Me is aW responsible for the grealrs1
+ VhUQal and .. Wkl q,*r
made by any US. president in histo-
Ty. He authorized the dropping
At
atomic bombs on the urban centeis
HirosItima
August 1945 and Nagasaki, Jaaen.
-vpr dmt time World War II in ldm"
:OM over. Hitler and Mussolini wart
Berlin had fallen oo May 2
y bad surrendered on id .7
'(V-E Day). Everyone knew that the
war in the Pacific was all but o�er.
810oadeleas Truman gave periwa-
4A1m to drop the bombs on the deabe-
ly populated dries of HlrashUM
(Ang. 6) and Nagasaki (Aug. 9). On
r;A� 14 Japan sued for surrender,,
°dent Truman could have 8§014 -
t:0011 the Japanese to the lathat po4var
r of atomic bombs by having one bf
;14b= dropped. on a prearraoWd
Schedule, at some remote anpopulW-
ed area where the Japanese leaders
` belild later observe the total AM
. 411esdty power o: these weapons,' Btit
°fie "ptaident. advised by our ndll-
' =Va leaders, approved the won
nb drop the bombs on teas of tdq-
:eaads of Japanese civWaaL w
9"Ce that day of infamy, the nuclear
arms race has become a passion IF
IM United States According tb—a
editorial Is toe National C 9W
10c M*Pwter, our unclear stocWk
tow ties tougher 615,000 times ale force of the Hlrashtipa
.isles; dur arrrew supply of medear
ate. added
ID that of FAMEW
'+.BdaM local 12 toes of TNT for emy
°Isla, woman and Child an earth; aid
;�ihe IoW Pentagon bvdpd projn
,w ION calls for an expeaditarq pf
Mon dollars a day.
2iloi Admiral By 4iw *M the navy in �
6e
bow no he was -not F"r of as
key rote r kdbdiag oar pairs
;may. Am eming the Jaunt Economic
i commixtee of the Rom ant
..ON 1aaDary 2tt, Ae pleaded for Iibe
dowlssdiooe of as aadear
;]O! said it Is - eamnse" tbr�e
'*Mod now to a7' to sasaeh 4fhe
�Irlet naval baftdap -" lar mgr
>it�ir Department ie�d . of .
t of Defense r to
.Posse the nuclear copabi>!hr
�ooatryrto sueh a level teat we
a nuclear war. in - me, vwaa f
Accred navy Admiral Gene Ls-
Mbeque, 'The Reagan motion
,yr�r m spend more khan S=
00 scratepc nuclear to
next six years alone In an
move from a capability to dA&
• "'t- war — which we have pfls-
''AdY — b a capability to fight ewd
;,On one." Db
leas the Pen /1t
r te®on ttrat'
•dent True M to drop
' ibmbs to Japan. It is the Pen
that is, to effect, advising President
aOMn to sacrifice health care, edu-
sa UM social service, flood roads,
Poygroands, national pane, the
miming arts, the stock market, Ve
smoaal economy, school lunches,
asd what this greet —nm Gone
prized — its honor and a sense;4f
paW C morality — in order Mat,mM
alight prepare to win a nuclear war.-
Be It said that this scary soeoaf ie
Was not Reagan's initial plan. Last
gear he .called on the American '
On to sacrifice and cat beck m
6nits In order to get the Jed 12
budget under control. Not surprising
.Jr, The citizenry responded favgf.
*My- From Congress to Main Stz"t
3bere was a readiness to face
!ad that this country has iDd6ed
been living beyond its means
ML;ast week to Cheyenne and Algy-
gaerque, the president told us that;p
IM billion deficit is not really
drat 'bad — as long as It will,atisure
Ipls country of nuclear tt
M unspoken value system on wtq
that statement rests ought to be ctrj-
'imged is every forum open to a ft
Citizenry.
%e twin propositions, that a
qr Is winnable and that pn+aj
po win such a war is worth OW pace,
F e such totally unacceptable ju*,
�XMM that quirt, peaceful efflzOhs
t0ke.this writer) become stident.)
Their' efforts to mount an a"
albottel.
At tbwa meetings in Vermont
TOOday, 121 towns voted to Orr
Vatted Slat to Stop " sesm
W deploying nuclear weapons. ' 7b
OMBfornia, petitions are drealatiaS
It a* the voters next November Ag
to for a bilateral t'r eels ft im 9
Hear weapons by the. Unit W
.Aid The USSR. The members of
Eabbi Einstein Peace Pries
an have began orpub lag
ih every state. caning for
1 an sad
,� A , .
4 a %,tlng that the cmeas IN' _�jb
.Vow States take a 1WW. ro1c
tie Mounting woridrwide mort'i'
lvsr of DWAM d
_ isarmament FIt-
iij *ecause oar country is the oiP�
000 In 1!e world fbst b— �r
Ma awim weapons agsi" UP
populations.
OWfiargf.e at God help a
-.
$1 billion spent on
EDUCATION J I
��0 ;) ��j1 creates 187,299 job,-r-
HEALTH CARE (��!�(� creates 138,939 jobs
CONSTRUMION �creates 100,072 j obs
MASS TRANSIT �.���j�p� creates 92,071 jobs
THE MILITARY' ie creates 75,710 jobs
(Figures from the Bureau of Labor Statistics,
Structure of the U.S. Economy in 1980 and 1985.)
WRITE YOUR REPRESENTATIVE, HOUSE OF REPRESEtvTATIVES,
WASHINGTON, D.C. 20515. TELL YOUR REPRESEJTATIVE THAT
YOU WANT LESS MONEY SPENT ON THE MILITARY AND MORE
MONEY TO COME BACK TO YOUR COMI.4UNITY. ASK OTHERS TO
WRITE. PLEASE POST THIS LEAFLET.
�o BECAUSE MILITARY
0 SPENDiNG COS`rS JOBS-
Forty -six percent of our federal tax dollars are spent on the military,
and military spending produces fewer jobs than money spent on human needs.
Women's International League for Peace and Freedom
1213 Race Street_ Phil.delnhia_ Pa. 19107 1n4
CALL TO HALT THE NUCLEAR
ARMS RACE
Proposal for a Mutual US -Soffit Nuclear - Weapon Freeze
To improve national and international security, the United States and the Soviet Union should stop
the nuclear arms race. Specifically, they should adopt a mutual freeze on the testing, production and
deployment of nuclear weapons and of missiles and new aircraft designed primarily to deliver nuclear
weapons. This is an essential, verifiable rust step toward lessening the risk of nuclear war and reducing
the nuclear arsenals.
The horror of a nuclear holocaust is universally acknowledged. Today, the United States and the
Soviet Union possess 50,000 nuclear weapons. In half an hour, a fraction of these weapons can
destroy all cities in the northern hemisphere. Yet over the next decade, the USA and USSR plan -to
build over 20,000 more nuclear warheads, along with a new generation of nuclear missiles and air-
craft.
The weapon programs of the next decade, if not stopped, will .pull the nuclear tripwire tighter.
Counterforce and other "nuclear warfighting" systems will improve the ability of the USA and USSR
to attack the opponent's nuclear forces and other military targets. This will increase the pressure on
both sides to use their nuclear weapons in a crisis, rather than risk losing them in a first strike.
Such developments will increase hairtrigger readiness for a massive nuclear exchange at a time when
economic difficulties, political dissension, revolution and competition for energy supplies may be
rising worldwide. At the same time, more countries may acquire nuclear weapons. Unless we change
this combination of trends, the danger of nuclear war will be greater in the late 1980s and 1990s than
ever before.
Rather than permit this dangerous future to evolve, the United States and the Soviet Union should
stop the nuclear arms race.
A freeze on nuclear missiles and aircraft can be verified by existing national means. A total freeze
can be verified more easily than the complex SALT I and I1 agreements. The freeze on warhead pro-
duction could be verified by the Safeguards of the International Atomic Energy Agency. Stopping the
production of nuclear weapons and weapon -grade material and applying the Safeguards to US and
Soviet nuclear programs would increase the incentive of other countries to adhere to the Nonprolifera-
tion Treaty, renouncing acquisition of their own nuclear weapons, and to accept the same Safeguards.
A freeze would hold constant the existing nuclear parity between the United States and the Soviet
Union. By precluding production of counterforce weaponry on either side, it would eliminate excuses
for further arming on both sides. Later, following the immediate adoption of the freeze, its terms
should be negotiated into_ the more_ durable form of a treaty.
A nuclear- weapon freeze, accompanied by government -aided conversion of nuclear industries,
would save at least $100 billion each in US and Soviet military spending (at today's prices) in
1981 -1990. This would reduce inflation. The savings could be applied to balance the budget, reduce
taxes, improve services, subsidize renewable energy, orb increase aid to poverty - stricken third world
regions. By shifting_ personnel to more labor - intensive civilian jobs, a nuclear- weapon freeze would
also raise employment.
Stopping the US-Soviet nuclear arms race is the single most useful step that can be taken now to
reduce the likelihood of nuclear war and to prevent the spread of nuclear weapons to more countries.
This step is a necessary prelude to creating international conditions in which:
— further steps can be taken toward a stable, peaceful international order;
— the threat of first use of nuclear weaponry can be ended;
— the freeze can be extended to other nations; and
- the nuclear arsenals on all sides can be drastically reduced or eliminated, making the world truly
safe from nuclear destruction.
For list of endorsers and to endorse the Call, see last page.
It". Ins
$ BILLION
400
375
350
325
300
275
250
225
200
175
150
125
100
75
50
`V
MILITARY SPENDING
INTRODUCTION
0. •\
Wit
The United States is now beginning the largest peacetime military buildup in its history. The US
military budget has been rising steadily since 1975, but dramatically larger increases are projected
through 1986 —,$1.5 trillion over five years.
The total budget for the Pentagon has jumped 27 percent beyond inflation in just the past two
years. The budget projected for 1986 is $367.5 billion, a 112 percent increase over 1981.' (Note: The
figures in this PREPARE do not include the $180.3 billion program which President Reagan
announced October �, 1981, a six -year program of additional spending for nuclear weapons
systems.)
While the new military budgets include some pay increases and funds for operations, the
bulk of the increase is going into the development and procurement of new high - technology
weaponry. This represents more than just larger quantities of arms. Some of these weapons will
lead us into unexplored technological and strategic realms, jeopardizing further progress on
arms control and making nuclear war more likely than ever.
Most new weapons programs are very expensive and their estimated costs are constantly
being adjusted upwards. The Congressional Budget Office reports that the Pentagon has
seriously underestimated inflation in its budget projections through 1986, and that
defense programs will really cost an additional $136 billion more than the $1.5 trillion
now being proposed. 2 Funds for the Department of Defense are budgeted each year in
two ways: the amount spent during that given fiscal year called outlays, and a larger
amount which includes additional funds, authorized in the same year but spent over •
several years, called total obligational authority. Figures in the graph used here reflect only
the yearly outlays.
These figures are also in current dollars; that is, trends and percentage
increases reflect actual dollars spent over time, not adjusted for inflation.
Most sources of information on military spending adjust for inflation in
reporting percentage increases because the Pentagon reports them that way,
making the figures smaller. However, for other federal programs, such as '
food stamps and Medicaid, the public is usually told the current
dollar increases— the larger figure. It is the opinion of the writers •
of this PREPARE that if funds for hunger and health are viewed
in this way, military spending should be as well.
All these funds for the military must come, of course, from •
the general tax revenues. Nearly all of the much -
heralded budget cuts have • •
been in programs •
• •
•
62 63 64 65 66 67 68 69 70 71 72 73
FISCAL YEAR OUTLAYS
PROPOSED
NATIONAL — 110 MARYLAND AVENUE, N.E. • WASHINGTON, D. C. 20002 • (202) 544 -8636
Four bishops speak about
their journeys
and their church.
n November of last year the bishops
of the U.S. Catholic Church held
their annual meeting in Washing-
ton, D.C. In his opening address,
Archbishop John Roach, president
of the National Conference of
Catholic Bishops, called the bishops to
leadership in efforts to stop the arms
race, ban abortion, and advocate for the
poor.
"On a global scale, the most dangerous
moral issue in the public order today is
the nuclear arms race.... The church needs
to say 'no'clearly and decisively to the use
of nuclear arm," 1w said
Later Archbishop -Joseph Bernadin,
chairman of the Bishops' Committee on
War and Peace, gave 'a report on the
group's work that carefully reiterated the
church's historical teachings on war and
its growing concern over nuclear war.
Among the 270 prelates making up the
conference were Bishops Thomas Gum-
bleton of Detroit, Raymond Hunthausen.
of Seattle, Leroy Matthiesen of Amarillo,
Texas, and Walter Sullivan of Rich-
mond, Virginia. Each has made state-
ments and taken actions that place them
clearly against the nation's policies
concerning nuclear weapons (see "For the
Record," August, October, and Novem-
ber, 1981).
In June, 1981, Hunthausen asked the
Catholics of Seattle to think about
refusing to pay half their income tax in
protest of the amount of revenue spent on
nuclear arms. Later that summer Mat -
thiesen asked workers at an Amarillo
nuclear munitions plant to consider
finding other work.
While in town for the conference, these
four bishops spent an evening talking to a
crowded assembly hall at Catholic
University where they responded to
questions about their positions, faith
journeys, and hopes for the church Later
that night, three of them were interviewed
for Sojourners by Jim Wallis. Following
is an edited transcript of theirstatements
and the subsequent interview.
The Editors
Bishop Thomas Gumbleton: My posi-
tion is simple to state: I am a total
pacifist. I would not accept the use of
any form of violence in my own defense.
Of course we can never say for sure how
we would act in all circumstances, but I
would always try to reject violence. I feel
that the Christian faith and the gospel
message compel me to reject war —
nuclear and conventional war.
Now, I know that sounds very simple,
decisive, and definitive; and yet I have to
say that I am amazed at myself because
that's not where I started. I grew up in a
10iJanuary 1982
Converting
`I would insist that
anyone who is
going to follow the
nonviolent words
of Christ will have
to go through a
spiritual
conversion.'
Thomas Gumbleton
typical Catholic family. I was too young
to participate in World War II (I was in
elementary school), but I can remember
three of my brothers going into the
service. I remember how hard it was for
our family, but no one ever thought for a
moment that there was any other option.
A good Catholic made his contribution
for his country and went to war. There
was no question about it.
I later went to seminary, took all the
usual courses in theology, and studied
the just war theology briefly. I accepted
it completely and preached it as a
Catholic priest; when I was ordained I
never had second thoughts about it.
`The faith that Jes
is Lord begins wit h
each of us
individually and
has to consume the
church -- otherwise
are not going to be
peacemakers.'
us
2RU
Raymond Hunthausen
In the '60s I was assigned to work in
the chancellery of my diocese at the time
that priests and sisters shocked a lot of
people by being on the picket lines and
in demonstrations against the Vietnam
War. We had priests in our diocese who
were opposed to the war and were going
public, and it was getting to be a little
embarrassing. Since I was the youngest
priest at the chancellery, the bishop
suggested that I could talk to them and
ask them to back off a little.
So I tried; I went and visited these
priests, and we got into some good
discussions. Before I knew it, I began to
understand what they were doing and
why, and I began to change my
b
To Peace
`Nuclear weapons
are immoral; and if
that's true, then it's
immoral for us to
build, assemble,
deploy, and threaten
to use them.'
Leroy Matthiesen
thinking. Within another year or two I
was on some of those marches and in
demonstrations, and I was forced to
think and pray.
An author who had influenced my life
a lot in seminary was Thomas Merton. I
looked at what he wrote about non-
violence. I had never really noticed it
before. I searched Dorothy Day's works
more carefully, and also the writings of
someone who was a sort of a hero of
mine, Gordon Zahn.
Surprisingly, in 1968I was ordained a
bishop. I got involved in the Bishops'
Conference and pushed for statements
such as the resolution of 1971 against the
Vietnam War. Since I was forced into a
`The church's
teaching on nuclear
weapons is the best
kept secret in the
world.'
Walter Sullivan
more public position, I had to think
things through even more carefully. Not
only did I go back to some of the writers I
had come to. appreciate more, but I
made a very careful attempt to search
out the Scriptures. I came to a deep and
firmly held conclusion that, in the words
of the scholar John MacKenzie, Jesus
taught us not how to kill but how to die,
and he rejected violence for any reason.
I did not come to this conclusion
quickly or easily. When I first took a
stand against the war, I hadn't even
thought about violence and nonviolence;
I was against the Vietnam War on the
basis of just war theology.
There is absolutely no question that
the violence of nuclear war is beyond
any rational understanding of even a
just war theology. And so my position in
regard to the nuclear arms race and the
policy of the United States is consistent
with my strong conviction about nonvio-
lence.
But I would insist that anyone who is
going to follow the nonviolent words of
Christ will have to go through a
spiritual conversion. It won't happen
through logical argumentation. I thank
God that to some extent at least that
conversion has happened within myself.
And I continue to pray daily that I will
deepen in this conversion, because I am
convinced that it is the way that Jesus
leads us.
Bishop Raymond Hunthausen: I heard
Bishop Gumbleton say that he is a total
pacifist. I've never said that about
myself. I've always said that I am a
nuclear pacifist; but given our present
world, it is unrealistic to talk about
conventional war. So maybe it's time for
me to say that I am a total pacifist, in our
current global context.
I was in college when World War II
erupted, and I saw many of my closest
friends go into the military. I struggled
to decide whether to go to seminary or
into the military. I was involved in a
civilian pilot training program, and I
was excited about the prospect of
moving into what the government called
the secondary program. I wanted to do
aerobatics, but it was clear that if one
was in the program and the United
States entered the war, one would
automatically be in the Air Force.
My spiritual director helped me to see
that I had to give my call and vocation to
the priesthood a chance, so I opted for
the seminary; but I would have to say
that at the time I certainly felt keenly
about going into the military.
I was in the seminary in 1945 when
the atomic bombs hit Hiroshima and
Nagasaki. I'll never forget that day,
because I was appalled; I just could not
believe what had happened, that there
was an instrument of destruction as
awesome as this bomb. I was caught up
in a great turmoil wondering, wor-
rying, praying about this, and I could
not grasp that our world had totally
changed.
Well, I was ordained and lived with
this reality just like the rest of the world,
and though I wondered about much of
the upheaval in our world, I didn't do
anything about it.
I was appointed bishop in 1962.
Another bishop was working with the
synod on a statement about the ICBMs
being deployed in Montana. We made a
number of such statements, the first
public witnesses that I, with others, was
willing to take. It frightened me to
death. I wasn't sure of my position, and I
had that sense of being unpatriotic. I
also got involved in a counseling service
Soiournerc /11
S
0
a
s
8
for conscientious objectors.
I went to Seattle in 1975 and wasn't
there very long when I was visited by a
most interesting and wonderful person,
Jim Douglass of the Pacific Life
Community. A pacifist, he has written a
number of books, taught in universities,
and given himself completely to the
cause of peace. As he talked I realized
that what he was saying coincided with
how I felt; but I wasn't doing anything
about it.
On his third visit he said he was going
to Washington, D.C., to be with agroup.
of people who were fasting in prayerful
resistance to the position the U.S. had
assumed in being willing to take first -
strike initiatives. I felt compelled to
write to the priests of the diocese to cite
that fact and to quote from something I
had read by Father Dick McSorley, who
had written in the U.S. Catholicthatthe
taproot of violence in pur society is our
willingness to live with nuclear destruc-
tion. I wrote to the priests that we had to
be much more seriousabout this in our
own lives, our preaching, and our
praying.
After that I was more willing to say
something publicly on my stance, and I
was invited into some of our parishes,
particularly those in the military areas.
I said yes to one parish council and
discovered when I arrived that the hall
was filled. That was a very interesting
and important moment in my life,
because I was able to discover the
various positions and responses of
people, and it helped me to understand
the impact this was having on the people
I was trying to serve.
I was invited by a Lutheran bishop to
speak at a synod in Tacoma, Washing-
ton, in June of last year. I had a speech
prepared that said something about the
need to consider unilateral--disarma-
ment. A day or so before the speech, I
decided to include something about
taxes, because I had met a young man
for whom I had great respect who was
working for the Seattle Church Council,
and I learned from him that he had been
withholding war taxes for some time.
He was very conscientious about it, very
prayerful and serious.
Many people wonder how they might
address the issue of nuclear weapons.
Certainly we can pray and write to our
Congresspeople, but sometimes people
need to think about the implications in
their own lives. So I spoke about
withholding. war taxes as a feasible
strategy. I thought maybe my remarks
would create a stir, rattle around
Seattle fora couple of days, and go away.
But they didn't. They stayed around. I
must say it bothered me that the media
picked up on the issue of taxes and lost
'the crux of what I really wanted to say,
which was that the issue of nuclear
weapons is one that prompts us to be
men and women of faith and ask if we
12 /January 1982
have put our security in our weaponry
rather than in God.
Bishop Leroy Matthiesen: I count
myself a real Johnny - come - lately to the
issue Bishops Gumbleton, Hunthausen,
and Sullivan have been involved in; but I
really shudder to see the spectre of
monstrous mushroom clouds over Pan -
tex, the plant where all the nuclear
warheads manufactured in the United
States are assembled. -I live 15 miles
from it, and for 10 years previously I
lived four miles away and never said a
`It's one thing to
talk about the
morality of an
issue, but we have
a responsibility if
we're going to ask
people to change.'
word about it —until August of this year.
I have been thrust into the issue very
rapidly, and my head is still dizzy.
I can't explain why I wasn't involved
earlier. I guess I knew about Pantex. I
knew about it during World War II
when it manufactured conventional
bombs and bullets. There's a nice sign
near it on Highway 50 that says
"Department of Energy Research and
Development Division." You can drive
by there without any idea of what's
going on. I must confess that I
suspected but never dared to ask.
I got into the issue very quickly when
a permanent deacon of our diocese came
to me with his wife and asked for
spiritual advice. They had gone through
the diaconate program and had studied
the theological issues of justice and
peace. They had both come to the
conclusion that what he was doing at the
plant was immoral, and they wanted to
know what I thought.
Well, that sent me looking; I went
back to the sources, and I was shocked to
find that Pius XII had had something to
say about the issue in 1942; Pope Paul
VI, John XXIII, and John Paul II all
spoke of it too —every one of them
unequivocally condemned the produc-
tion, deployment, possession, use, and
the threat to use nuclear weapons.
Let me illustrate the moral problem.
On October 31, 1981, the day before All
Saints, there was a brutal murder next
door to me. At four o'clock in the
morning, a young man broke into our
convent and raped and murdered a 76-
year -old sister. The town was in shock,
particularly the Catholic community,
and we had a very emotional and soul-
searching funeral service.
About the same time I read a story
about Father George Zabelka, who was
the chaplain of the men who flew the
bombers over Japan during World War
II. Father Zabelka has become a
committed peacemaker. The pilot of the
bomber that delivered the bomb over
Nagasaki was Catholic, and Father
Zabelka tells how that pilot and others
came to him with problems of con-
science. Father Zabelka said he knew
that we Americans were killing civil-
ians, but he never preached a single
sermon against it.
The point of my story is that on
October 31, 1981, one man killed one
Catholic sister, and we were in an
uproar in Amarillo. On August 9, 1945,
a Catholic chaplain told a Catholic pilot
and the other men that what they were
doing was necessary; and what they did
on that day was to wipe out three entire
orders of Catholic sisters in 30 minutes.
What is the difference? Some say that
the difference is that we saved many
American lives by ending the war
quickly —from which I conclude that
American lives must be more precious
in the eyes of God than Japanese lives.
For me that settles the moral question
about the use of atomic bombs.
Last summer I heard the announce-
ment about the assembling of the
neutron bomb. I thought it strange that
nobody made a statement against a
bomb that opened the illusion that we
could have a limited nuclear war. So I
made my statement and set out the
moral issue as I saw it. Nuclear weapons
throw out any concept of just warfare.
They are immoral; and if that's true,
then it's immoral for us to build,
assemble, deploy, and threaten to use
them. I called on the workers that were
involved in building them to reflect on
what they were doing, to consider the
possibility of resigning and of going into
other work.
Bishop Walter Sullivan: I come from
Virginia, which has more military
personnel than any other state in the
union. The number -one industry in
Virginia is the military. I take pride in
saying publicly that I am not a pacifist. I
got involved in the 'issue of nuclear
weapons by accident. I was down at
Virginia Beach sunning myself in 1971.
I was preparing to talk to the Knights of
Columbus, and during my stay at the
beach I.thought to myself, "I'll give a
talk on peace." I started off by saying
that Jesus is our peace and we are
involved in a war that is tearing our
country apart, and we ought to be
concerned about it. It was a lousy talk,
by the way; but by the middle of it I
realized that I was giving everybody
indigestion. The hostility got stronger,
so I got stronger. By the end I thought
the Knights of Columbus were going to
draw their swords and come at me.
After 45 minutes of people yelling at
me, a marine sergeant came up to me.
He was the only person in that audience
of 500 who said, "I want to thank you." I
had spoken about conscientious ob-
jectors, and the sergeant continued,
"Tonight you've saved for me my son.
My son wants to be a conscientious
_ objector, and I was faced with a decision
about that. Now I know what I have to
do."
That started me on the journey. I had
for about 10 years been encouraging the
peace movement but had never really
entered it that deeply.
Last August I was back in Virginia
Beach giving a talk on peace. The next
day's newspaper headline was, "Bishop
says nuclear arms are immoral."
There's no question in my mind that we
are dealing with idolatry of the worst
kind by putting our security in nuclear
armaments.
The church's teaching on nuclear
weapons is the best -kept secret in the
world. People didn't know where I was
coming from when I spoke on war and
peace. We have to link our faith with the
question of peacemaking. Once you go to
the roots of Scripture and to the person
of Jesus, you can no longer tolerate
nuclear armaments and the possibility
of total destruction. There's no com-
promise.
Matthiesen: A growing number of
bishops are becoming involved in the
issue of nuclear weapons. They are
examining their positions, and many
are taking a position similar to the one
taken by us here tonight. When I joined
Pax Christi [the Catholic peace organ-
ization] in the spring, there were 16
bishops listed as members. I understand
that before this conference began there
were 52. Twenty bishops have made
public statements calling for an end to
the arms race.
Someone reported to me that Arthur
Jones from the National 'Catholic
Reporter was covering today's meeting,
and his assessment of what went on this
afternoon after hearing Archbishop
Bernadin's progress report on a pastoral
letter that will come out in November,
1982, on war and peace is that the
ballgame is over as far as the church and
the United States is concerned. In other
words, the Catholic church in the
United States will be a peace church.
Hunthausen: It was a very exciting
afternoon. I felt tremendous support
from most of the bishops. But we will be
a peace church only if we as individuals
are able to come to grips with what
nonviolence really means in our own
lives. It is not good enough to simply say
what peace means. It demands a great
deal of inward looking, of prayer, of
letting go and acknowledging in faith
that Jesus is Lord.
That faith begins with each of us
individually, and it has to consume the
church. Otherwise we are not going to
be peacemakers, and we will not truly
represent Jesus who is the Prince of
Peace. I feel that our faith has to
underlie everything we say on the
subject no matter where or when we say
it.
Gumbleton: The overall impression of
the afternoon was that there was a very
strong commitment that the bishops of
this country are going to give leadership
in this area of war and peace. And we're
going to try to make the Catholic
teaching as plain as it can be and
commit ourselves to encourage that
teaching in every church in this country.
In every way that we can, we will be
active in trying to influence the public
policy of the United States in accord
with the teachings as we put them
together in the document that will come
out a year from now.
I was much impressed with the
in the beginning when Arch
Bernadin insisted that we have
on the Vatican Council II docu
the pastoral constitution of the ch
the modern world. In that document the
bishops of the council called for a whole
new attitude toward war.
This is going to require a profound
conversion. We will not be a peace
church because we have statements. We
will only be a peace church when every
one of us has profoundly changed our
attitude toward war, and that can only
happen through prayer and deep per-
sonal conversion.
So I would make the plea, like
Archbishop Hunthausen, that each one
of us commit ourselves to the journey of
conversion. Those of us in the military,
those working in the arms industry,
those of us who pay taxes that support
these activities must look at our lives
thoroughly and ask ourselves whether
we are engaged in this conversion,
which is not intellectual but spiritual.
Only then will we have a new attitude
toward war that will allow us to respond
to what John Paul II has said in his
peace statements. He says, "I invite all
Christians to bring to the task of
building peace the specific contribution
of the gospel." And, "In light of that
gospel, I plead that you reject violence."
The way of Jesus is forgiveness, love,
and peace. And it's only when we bring
the specific contribution of the gospel,
the rejection of violence, acceptance of
acts of love, that we have been
converted —and we will be truly a peace
church.
the fort and was invited to meet with
three generals, who all happen to be
Catholic, to discuss the issues. The
colonel said to me on the phone, "I cannot
tell you what a contribution you have
made. It's the first time in the history of
this fort that we are looking at weapons
from a moral point of view. You have
everybody down here talking."
Witness is just one aspect of the
response we must make to the arms
race. We should reach out in love and
dialogue. I do believe there's a tre-
mendous readiness to listen. I think it's
the work of the Spirit.
Nuclear holocaust is five minutes
away. But maybe those minutes are the
graced moment in which God is
speaking to all of humanity. We have no
option but to go the way of peace. Maybe
God is using this threat to give us the
opportunity to recognize our common
humanity, to bring us into the one world,
the one community, the one family of
God. ❑
report
bishop
to build issue ent on
urchin
Sullivan: I'll conclude with a sign of
hope. I gave a talk in Hampton about a
week ago. A man came up to me when I
had finished and told me he was an army
colonel and that he agreed with every-
thing I had said. Later I got a call from
At Home
An interview.
Jim Wallis: A bishop has a great
pastoral responsibility toward the peo-
ple in his diocese. When bishops make
statements such as each of you has, there
are reverberations through the personal
lives of the people whom you serve.
What have been some of the responses
and consequences of your witness?
Hunthausen: A gentleman who works
at Boeing told me that he and several of
his friends customarily arrived early at
work to play cards before they went on
the job. He said that he and the others
haven't played cards since I made my
statement. They've been discussing it
and the implications in their lives. He
was neither happy nor angry, but
simply noted that it had forced them to
see their personal responsibility, to
examine their work and see how closely
allied it might be with the nuclear
effort.
Most of the letters I've received have
been supportive. But some people I've
talked to feel a deep fear that all they
have worked hard for and acquired will
be taken away from them, and they
equate that with what they identify as a
frivolous statement on my part.
I visit a different parish every
weekend, and many people go out of
their way to thank me for bringing up
the issue. My sense is that my statement
has provided a moment of challenge,
and that was primarily my purpose —to
Sojourners /13
SENA' T
( STATE OF MINNESOTA
SEVENTY-SECOND LEGISLATURE
PRINTED . O�O
PAGE NO.
S.F. NO. 1957
Introduced by Berglin, Spear, Ulland and Lindgren.
Read First Time Feb. 11, 1982, and Referred to the Committee
on Rules and Administration.
Committee Recommendation. To Pass.
Committee Report Adopted Mar. 1, 1982.
Read Second Time Mar. 1, 1982.
A resolution
2 memorializing the President and Congress of the United
3 States in support of a mutual freeze with the Soviet
4 Union on the testing, production, and deployment of
5 nuclear weapons and delivery systems.
6
7 WHEREAS, the horror of a nuclear holocaust is universally
8 acknowledged; and,
9 WHEREAS, all cities in the northern hemisphere could be
10 destroyed by nuclear warfare -in- 30 minutes;* -and, -
11 WHEREAS, the United States has enough nuclear weapons to
12 destroy every Soviet city of 100,000 at least 40 times and the
13 Soviets can destroy ours 22 times; and,
14 WHEREAS, the current strategy of the Soviet Union and the
,L *' 1 .n1
15 United States together calls for the production of at least
16 .20,000 additional nuclear warheads and a new generation of
17 delivery systems during the next decade; and,
18 WHEREAS, the federal government is planning to spend more
19 than $1 trillion on the military in the next five years and at
20 least $100 billion of that will go for nuclear weapons resulting
21 in an unbalanced budget, major unemployment, and high interest
22 rates; and,
23 WHEREAS, Minnesotans will pay about $400 million in federal
24 tax dollars for nuclear weapons in 1982 alone; and,
25 WHEREAS, the expenditure of this Minnesota money on nuclear
E?
"internal" refugees in Chad, the Sudan.
Ethiopia, Somalia. El Salvador,
Afghanistan. Cambodia and Vietnam.
.almost all the world's refugees are
persons displaced by war.
In the past, U.S. military interven-
tions in the Third World have too
frequently been used to assist govern-
ments threatened by uprisings of people
looking for a change in government in
order to overcome poverty and hunger.
Regardless of which side the U.S. would
now support in a war in the Third
World, poor people usually suffer the
most, as the current fighting in Central
America shows.
Since the time of Jesus. Christians
have taken conflicting positions on the
need for and use of military arms. For
some, God calls us to a total trust and
faith that requires us to work for unilat-
eral disarmament. For others, God
requires that we must be prepared to
right and even kill in order to secure a
world receptive to Christianity.
As on other serious matters of faith.
Bread for the World has no special
insight into a Christian's role in military
conflict. In the final analvsis, it is an
issue between the individual, his or her
faith and God. However, in Bread for
the World's view, an objective analysis
of the military budget demonstrates that
there is overspending. For example,
congressional committees have esti-
mated and members of the Reagan
administration confirmed that between
$10 and 530 billion in waste and misman-
agement alone can be cut from the
defense budget without reducing U.S.
military strength.
Viewed in the context of human
and global hunger, the size of the U.S.,
and world military budget is indefen-
sible. Reduction due to waste and
mismanagement are not sufficient.
Military spending must be viewed in
the context of the total needs of our
society and specifically in terms of the
needs of our hungry brothers and sisters.
Although it may legitimately be
:argued that the Bible is not clear on
what constitutes an appropriate Chris-
tian military posture. the Bible is clear
,,;n what our response should be to
hungry people. Current levels of world
military spending prevent the substantial
Changes and allocation of resources
►seeded in order to end the hunger of
-150 million men, women and children.
v
ti:
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66
In a familiar passage. the Prophet
Isaiah offers us a vision of the world
we should attempt to build. "They shall
beat their swords into plowshares and
their spears into pruning knives; nation
shall not lift sword acainst nation. nor
ever again be trained for war." (Is. 2:4)
Fundamentally. this vision recog-
nizes that a world without hunger. where
each of God's people is provided a full
life. will not occur as long as we build
our future on the sands of military
spending and armed conflict. The arena
of U.S. public policy is a critical area
where Bread for the World members
and others can work to make Isaiah's
vision more of a reality.
Legislative Options
1. An independent analysis of the
defense budget. Such an analysis is
needed because no entity outside the
defense department currently evaluates
U.S. military spending on a comprehen-
sive basis. The study would provide a
basis on which to evaluate an adminis-
tration's annual military budget.
2. Transfers. Transfers would shift
funds from military spending to anti -
hunger efforts. However, "transfer"
amendments have usually met with
resounding defeat in Congress.
3. Industrial conversion. Legislation
has frequently been introduced. and
rejected. to finance the conversion of
military industries to civilian uses. This
would facilitate a transition to an econ-
omy built less on military production
and more on production for a better
standard of living.
Sampling of Resources
Legislative action groups:
Coalition for a New Foreign and Militan•
Pnlic.r. Issues alerts ,ind action guides. $20 a
year. 120 Maryland Ave. N.E.. Washington. D.C.
20002.
Friends Committee on National Legislation.
Covers broad range of issues, including defense.
Newsletter. $15 a year. 245 Second Ave. N.E..
Washington. D.C. 20002.
SANE. Grassroots action and lobbying organ-
ization. Newsletter. 520 a year. 514 C St. N.E..
Washington. D.C. 20002.
Materials:
"The Costs and Consequences of Reagan's
Military Buildup." Clear, comprehensive economic
analysis. From the Council on Economic Priorities.
84 Fifth Avenue. New York. N.Y. 10011. 54 pages.
52.50.
"World Military and Social Expenditures, 1981."
by Ruth Leger Sivard. Clearly presented data.
From World Priorities. Inc.. Box 1001, Leesburg,
VA 22075. $4 prepaid.
Research:
Council on Economic Prioritie.s.Newsletter
and various publications. See above for address.
American Enterprise ln.stinue for Polies
Research. Conservative think tank on broad range
of issues, including defense analysis. 1150 17th
St. N.W.. Washington. D.C. 20016.
This article may be reprinted
or ordered at a rate of S15 a
hundred For a single copy.
send a self addressed stamped
envelope to BREAD FOR THE
WORLD 6411 Chillum Place
NW. Wasninglon DC 20012
Graph II
Jobs Created by $1 Billion of Spending
85,000
Nurses Police Peace Corps Military Military
Personnel Industry
Military spending also has an infla-
tionary impact because the money spent
does not generate goods and services
that ordinary consumers buy. Yet people
employed by military spending, of
course, spend their income on the basic
necessities of life. Therefore, the more
spent on non - productive military goods,
the greater the difference between the
quantity of goods and services available
and the amount of money spent on
basic goods and services.
Thus.the classic form of inflation is
established. Too much money competes
for too few goods. On the other hand.
spending on agricultural production or
mass transit results in an increased
supply of goods and services.
U.S. inflation helps feed world infla-
tion. Inflation affects all consumers but
poor people usually suffer first and worst
because their incomes leave them no
extra to buffer the shock of increased
costs.
Interest rates.When government
spending exceeds its revenues, the
government must borrow money. To
the extent that military spending increases
the federal deficit, the government must
borrow money. The more competition
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00
there is to borrow money, other things
being equal, the more it will cost to
borrow that money.
This cost is reflected in interest rates.
Interest rates may seem far removed
from hungry people, but they affect
them in two ways.
First, higher interest rates reduce
investment. By reducing the amount of
investment here and overseas, the
potential for economies to grow and
provide more jobs is reduced.
Secondly. higher interest rates mean
that the debts of developing countries
will increase. Many of their outstanding
loans will require larger repayment when
interest rates are higher. According to
C. Fred Bergsten, former assistant secre-
tary of the U.S. Treasury. every one
percent increase in the interest rates
raises the deficit of developing countries
by an estimated $4 billion.
Economic growth. Unemployment
and high interest rates slow economic
growth. The slowdown is worsened by
reduced productivity (relative to other
countries). Reduced productivity is due
in part to other countries, such as Japan.
devoting proportionately more money
and research to increasing productivity
in non - military industries.
Low economic growth in the U.S.
generates less taxable income. With
less federal revenue, Congress is forced
to cut back. Government programs with
the weakest constituency, such as social
programs, are the first to be reduced.
Increasing unemployment is another
outcome of low economic growth.
Unfortunately, the cutbacks in social
programs come when unemployment
makes the need for this assistance the
greatest.
Reduced economic growth also
reduces imports from developing coun-
tries hurting employment and economic
growth overseas. The recent slow growth
of the developed countries has had a
negative impact on the growth of devel-
oping countries.
The Overseas Development Council
estimates that a three percent increase
in the economic growth of the developed
countries increases the growth of devel-
oping countries by one percent. If the
developed countries had grown in 1980
at the rate they averaged between 1966
and 1976, developing countries' econo-
mies would have grown by an extra
$25 billion just from 1979 to 1980.
This is not to say that a "healthy"
world economy, such as many experts
believe existed between World War II
and the late 1970s. necessarily benefits
hungry people. During this "healthy"
period, millions of people died of
starvation and malnutrition- related
diseases. In order to eradicate world
hunger, economic growth must be more
equitable, providing employment for
all and dignified assistance to those
unable to work.
Military spending is not the only
factor affecting economic growth. But
to the extent that increased military
spending stunts the economy and
opportunities for growth with equity.
military spending reinforces the problem
of world hunger.
Military Conflict
A third connection between military
spending and world hunger is war. Wars
dislocate civilian populations and often
create situations where people face
starvation, as evidenced by the recent
fighting in Lebanon.
The list of situations where war has
caused acute hunger in recent years is
long and sad. It included refugees or
Specifically, in the 1982 budget:
•$35 million was added to equip
missile silos with long- lasting batteries
to provide electrical power for days
after a nuclear attack. The Special
Supplemental Feeding Program for
Women, Infants. and Children (WIC)
was cut $40 million.
•$2 billion was added as the 1982
installment on the building of 100 B -1
bombers. These bombers are expected
to cost more than $20 billion in all and
t,� be obsolete after five years of operation.
the Food Stamp Program was cut $2.4
'pillion.
• $475 million was added as the 1982
installment for a 53 billion nuclear -
powered aircraft carrier; 51 billion was
cut from Medicaid.
A similar situation exists for foreign
aid. Legislation pending before Congress
would result in about $3 billion more
for military- related aid between 1981
and 1983. Development- related aid
would not keep pace with inflation over
the same period, rising only by $400
million, from $4.7 to $5.1 billion. The
proposed 1983 foreign aid b111, for
example contains an increase of $450
million in military- related aid for
Pakistan, while it cuts 57.5 million from
the Peace Corps and 515.5 million from
the U.N. International Children's Emer-
gency Fund (UNICEF).
Reductions in military spending or
military- related aid will not, of course,
automatically result in increased spending
for anti - hunger initiatives. Dollars freed
from military spending may he spent
on any number of other programs. such
as school loans or mass transit. Or they
may not be spent at all. thereby reducing
the federal deficit.
This trade-off need not take place
at all if the government decided to
raise taxes in order to pay for both
military spending and anti - hunger
efforts.
Nor, theoretically, is the trade-off
limited to military spending. Programs
such as school loans and social security,
which benefit the middle class, could
be cut back to make more funds avail-
able for anti - hunger efforts. But the
constituency supporting programs for
the middle class —and tax cuts for
business and individuals —is strong,
while the constituency for anti - hunger
programs is not. Because of this, in-
creased military spending makes anti-
hunger programs vulnerable.
The trade-off between military spend-
ing and anti - hunger spending is not
automatic, but it can be very real, as
the recent federal budget showed. If
the administration's Economic Recovery
Plan for the next five years is eventually
approved by Congress. military spending
would increase from 25 percent of the
federal budget to 38 percent, while anti -
hunger programs (both international
and domestic) would drop from 3 percent
to 2 percent.
The Economic Impact
The second connection between
military spending and world hunger is
less obvious but, in some ways, more
fundamental. This is the impact military
spending has on the economy.
Military spending has been justified
on the grounds that it is good for the
economy. A closer look reveals that
military spending, in fact, is detrimental
in some respects to the U.S. economy,
and, in turn, the world economy.
Employment. Perhaps the most
oft -used economic argument in favor
of military spending is that is creates
employment. This is true. But the
question is not whether military spending
creates employment. The question is,
rather, how much and what type of
employment is created by military -
spending relative to other spending.
Because military spending increas-
ingly benefits industries that are charac-
terized by high technology, fewer people
are put to work by military spending
than by almost any other spending.
Marion Anderson, of Employment
Research Associates, has estimated that
$l billion in military spending generates
45,000 jobs in industry. But if that $1
billion were spent on police or teachers
more than 70,000 jobs would be generated.
(See graph II.)
Unemployment is the major cause
of poverty and hunger in this country.
Unemployment also fosters U.S. efforts
to restrict imports from developing
countries. thus reducing growth and
employment opportunities in the devel-
oping world.
Inflation. Production of military
goods is increasingly concentrated in a
few specialized industries, such as jet
engine production. These areas of the
economy are operating at or near
capacity. Increased spending in these
areas is likely to result in inflation
because there will be more demand for
limited supplies. The U.S. Air Force,
for instance, competes with commercial
airlines for jet engines and skilled
engineers to repair them.
Graph I
World Military and Economic Aid Spending, 1974 -1979
(in billions of 1978 dollars)
500
400
300
200
100
0
30
Military
Spending
�,`'�j� :s
S ./r
-K_,.
'i'. -7 �iiji. `n
r. - -.,I„ T•eT. �..
Economic Aid
0M`
1974
Cn
0
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0
to
m
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0
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0
Q.
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0
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Cb
N
m
1975 1976 1977 1978 1979
Background Paper #62 • August 1982
Military
Spending
and World
Hunger:
Let Them
Eat Missiles.
by Stephen Coats, issue analyst
"Bv an excessive reliance on militari.,
power. the United States has undermin-
ed its capacity to reduce world hunger.
As long as the politics of power rather
than the politics of .justice dominates
our thinking. we will do little to assist
countries overwhelmed br povert'" ..
— Arthur Simon, Bread for the World
In the five years after these words
were written in 1974, annual world
military spending adjusted for inflation
increased 560 billion. During the same
period, world development assistance.
perhaps the most concrete indicator of
the world's response to hungry people,
increased 55.6 billion.
World military expenditures now
equal the annual income of half of the
world's people— the poorest half.
This background paper will examine
connections between military spending
and world hunger. Because we are U.S.
citizens who can influence our govern-
ments decisions, U.S. military spending
will be examined here. For the most
part, however, the analysis can be
applied to other countries and the world
as a whole.
Government Spending
Priorities
The most obvious relationship be-
-e''
z
_
tween U.S. military spending and world
hunger is the competition for limited
federal funds. Money spent on one
program cannot be spent on another.
Just as our family or church budgets
reflect family or church priorities, the
federal budget reflects government
priorities. The amount of money we
allocate to different activities reflects
what is most important to us: money
for our children's medical care competes
with money for a new car. Likewise.
government money for a new aircraft
carrier competes with agricultural de-
velopment funds for sub-Saharan Africa.
This trade-off was described 30 years
ago by President Dwight D. Eisenhower,
who said, "Every gun that is made.
every warship launched, every rocket
fired signifies. in the final sense. a theft
from those who hunger and are not
fed, these who are cold and are not
clothed."
Our governments priorities. as re-
flected in the federal budget. are heavily
weighted in favor of military spending.
U.S. military spending in 1982 is 5187.5
billion. Bread for the World estimates
that 1982 spending on anti - hunger pro-
grams will total 521.2 billion. The large
majority — 516.4 billion — is for poor
people in the United States: only 54.8
billion is for the 1 billion people overseas
who live on less than 550 a year.
The explicit trade -off in federal
spending can be seen by examining
1982 spendingon anti - hunger and military
programs. The administration's 1982
budget, approved by Congress last year.
contained a tax cut of 537.6 billion and
an increase in military spending of 527.7
billion.
In order to keep the deficit down.
social programs were cut 539 billion.
Anti - hunger programs in the U.S. ab-
sorbed 53.9 billion of these cuts.
WHETHER THE BALANCE of re
duction would be precisely even —
whether it could be construed to favor
statistically one side. or the other —
would not be the question, Once .we.
start thinking that way, we would be
back on the same old fateful track that
has brought us where we are today.
Whatever the precise results of such a
reduction, there would still be plenty of
overkill left — so much so that if this
first operation were successful, l would
then like to see a second one put in hand
to rid us of at least two thirds of what
would be left.
NOW I HAVE, of course, no idea of
the scientific aspects of such an opera-
tion; but I can imagine that serious
problems might be presented by the
task of removing, and disposing safely
of, the radioactive contents of the many
thousands of warheads that would
have to be dismantled. Should this be
the case, I would like to see the Presi-
dent couple his appeal for a 50 per cent
reduction with the proposal that there
be established a joint Soviet-American
scientific committee, under the chair-
manohip _Qf..a_distin¢uished .gewtrw__..
figure, to study jointly and in all
humility the problem not only of the
safe disposal of these wastes but also
the question of how they could be util-
ised in such a way as to make a posi-
tive contribution to human life, either
in the two countries themselves or —
perhaps preferably — elsewhere. In
such a joint scientific venture we might
both atone for some of our past follies
and lay the foundation for a more con-
structive relationship.
IT WILL BE SAID. this proposal,
whatever its merits, deals with only a
part of the problem. This is perfectly
true. Behind it there would still lurk the
serious political differences that now
divide us from the Soviet government.
Behind it would sti 11 lie the problems re-
cently treated, and still to be treated, in
the SALT forum. Behind it would still
lie the great question of the aecepG
ability of war itself, any war, even a
conventional one, as a means of solv-
ing problems among great industrial
powers in this age of high technology.
What has been suggested here would—
ever to sign. He was dead before it ep
not prejudice the continued treatment
geared. It was an appeal drafted, I
of these questions just as today, in
gather, by Bertrand. Russell. I had my
whatever forums and under whatever
differences with Russell at the time as I
safeguards the two powers find
do now in retrospect; but I would like to
necessary. The conflicts and argu-
quote one sentence from the final para-
ments over these questions could all
graph of that statement, not only be.
still proceed to the heart's content of all
cause it was the last one Einstein ever
those who view them with such
signed, but because it owns up, I think,
passionate commitment. The stakes
all that I have to say on the subject. It
would simply be smaller; and that
read as follows -
would be a great relief to all of us. .
WHAT I HAVE suggested is, of
"We appeal. as human beings
course, only a beginning. but a be-
to human beings- ltememberyour
ginning has to be made somewhere;
humanity, and forget the rest."
and if it has to be made, it is best that it
should be made where the dangers are
the greatest, and their necessity the
least. If a step of this nature could be
successfully taken, people might find
the heart to tackle with greater con - --
-
fidence and determination the many
problems that would still remain.
It will be argued that there would be
risks involved. Possibly so. I do not see
them. I do not deny the possibility. But
if there. are,- 8o,_what? Is it possible to
conceive of any dangere greater than
those that lie at the end of the collision
course on which we are now am-
barked? And if not, why choose the
greater — why choose, in fact, the
greatest — of all risks, in the hopes of
avoiding the lesser ones?
WE ARE CONFRONTED here, my
friends, with two courses. At she and of
the one lies hope — faint hope, if you
will — uncertain hope, hope sur-
rounded with dangers, if you insist. At
the end of the other lies, so far as 1 am
able to see, no hope at all.
Can there be — in the light of our
duty not just to ourselves (for we are all
going to the sooner or later) but of our
duty to our own kind, our duty to the
continuity of the generations, our duty
to the great experiment of civilized life
an this rare and rich and marvelous
planet — can there be, in the light of
these claims on our loyalty, any ques•
Lion as to which course we should
adopt?
IN THE FINAL WEEK of his life,
Albert Einstein signed the last of the
collective appeals against the devel-
opment of nuclear weapons that he was
women, walk on two legs,'and love their
children, to human beings, in short —
the most fiendish and inhuman of ten-
dencies.
BUT ALL RIGHT: accepting for
the sake of argument the profound
iniquity of these adversaries, no one
could deny, I think, that the present
Soviet and American arsenals, pre-
senting over a million times the de-
structive power of the Hiroshima
bomb, are simply fantastically re-
dundant
to the purpose in question. If
the same relative proportions were to
be preserved, something well less than
20 per cent of these stocks would surely
suffice for the most sanguine concepts
of deterrence, whether as between the
two nuclear superpowers or with rela-
tion to any of those other governments
that have been so ill- advised as to enter
upon the nuclear path. Whatever their
suspicions of each other, there can be
no excuse on the part of these two
governments for holding, •poised
against each other and poised in a
sense against the whole northern
hemisphere, quantities of these
weapons so vastly in excess of any ra-
tional and demonstrable require.
ments.
HOW HAVE WE GOT ourselves
into this dangerous mess?
Let us not confuse the question by
blaming it all on our Soviet adver-
saries. They have, of course; their share
of the blame, and not least in their
cavalier dismissal of the Baruch Plan
so many years ago. They too have
made their mistake&; and I should be
the last to deny it.
But we must remember that it has
been we Americans who, at almost
every step of the road, have taken the
lead in the development of this sort of
weaponry. It was we who first pro-
duced and tested such a device; we who
were the first to raise its destructive-
ness to a new level with the hydrogen
bomb; we who introduced the multiple
warhead; we who have declined every
proposal for the renunciation of the
principle of first use"; and we alone, so
help us God, whohaveused theweapon
in anger against otheere, and against
tens of thousands of helpless non -com-
batants at that.
i KNOW THAT reasons were
offered for some of these things. I know
that others might have taken this sort
of a lead, had we not done so. But let us
not, m the face of this record, so lose
ourselves in self - righteousness and
hypocrisy an to forget our own measure
of complicity in creating the situation
we face today.
What is it then, if not our own ss will,
and if not the supposed wickedne of
our opponents, that has brought us to
this tease
THE ANSWER, l think, is clear. It
is primarily the inner momentum, the
independent momentum, of the
weapons race itself — the compulsions
that arise and take charge of great pow-
ers when they enter upon a competi-
tion with each other in the building up
of major armaments of any sort.
This is nothing new. I am a diplo-
matic -historian. I am this same
phenomenon playing its fateful part in
the relations among the great Euro.
pean powers as much as a century ago.
I see this competitive buildup of arma-
ments conceived initially as a means to
an end but soon becoming the end
itself. I see it taking possession of
men's imagination and behavior, b*-
coming a force in its own right, detach-
ing itself from the political differences
that initially inspired it, and then lead-
ing both parties, invariably and inex-
orably, to the war they no longer know
how to avoid.
THIS I8 a species of fixation,
brewed out of many, components. There
are fears, resentments, national pride,
personal-pride. There are misreadinge
of the adversary's intentions — some.
times even the refusal to. vnsider them
at all. There is the tendency of national
communities to idealize themselves
and to dehumanize the opponent.
There is the blinkered, narrow vision of
the professional military planner, and
his tendency to make war inevitable by
assuming its inevitability:
Tossed toga er, these coiiiponents
form a powerful brew. They guide the
fears and the ambitions of men. They
seize the policies of governments and
whip them around like trees before the
tempest.
IS IT POSSIBLE to break out of
this charmed and vicious circle? It is
sobering to recognize that no one, at
least to my knowledge, has yet done so.
But no one, for that matter, has ever
been faced with such great catas-
trophe, such inalterablecatastrophe, at
the end of the line. Others, in earlier
decades, could befuddle themselves
with dreams of something called "vic-
tory." We, perhaps fortunately, are
denied this seductive prospect. We have
to break out of the circle. We have no
p-her chow - - -- --- - — - - - -- _.
How are we to do it?
I MUST CONFESS that I see no
possibility of doing this by means of
discussions along the lines of the nego-
tiations that have been in progress, off
and on, over this past decade, under the
acronym of SALT. I regret, to be sure,
that the most recent SALT agreement
has not been ratified. I regret it, be-
cause if the benefits to be expected from
that agreement were slight, its dis-
advantages were even slighter, and it
had a symbolic value which should not
have been so lightly sacrificed.
But i have, I repeat, no illusion that
negotiations on the SALT pattern —
negotiations, that is, in which each side
is obsessed with the chimera of rela-
tive advantage and strives only to re•
fain,& maximum of the weaponry for
itself while putting its opponent to the
maximum disadvantage — I have no
illusion that such negotiations could
ever be adequate to get us out of this
hole. They are not a way ofeecape from
the weapons race; they are an integral
part of it.
WHOEVER DOES not understand
that when it comes to nuclear weapons
the whole concept of relative ad-
vantage is illusory — whoever does not
understand that when you are talking
about absurd and preposterous quanti-
ties of overkill the relative sizes of
arsenals have no serious meaning —
whoever does not understand that the
danger has not in the possibility that
someone else might have more missiles
and warheads. than we do but in the
very existence of these unconscionable
quantities of highly poisonous ex-
plosives, and their existence, above all,
in hands as weak and shaky and un-
dependable as those of ourselves or our
adversaries or any other mere human
beings: whoever does not understand
these things is never going to guide us
out of this increasingly dark and
menacing forest of bewilderments into
which we have all wandered.
I can see no way out of this dilemma
other than by a bold and sweeping
departure — a departure that would cut
surgically through the exaggerated
anxieties, the self- engendered night
mares, and the sophisticated mathe-
matics of destruction, in which we have
all been entangled over these recent
years, and would permit us to move,
with courage and decision, to the heart
of the problem.
PRESIDENT REAGAN recently
said, and I think very wisely, that he
would "negotiate as long as necessary
to reduce the numbers of nuclear
weapons to a point where neither side
threatens the survival of the other."
Now that is, of course, precisely the
thoyght to which these present obser-
vations of mine are addressed. But I
wonder whether the negotiations
would really have to be at such great
length. What I would like to see the
President do, after due consultation
with the Congress, would be to propose
to the Soviet government an immedi-
ate acrow- the - boards reduction by 50
per cent of the nuclear arsenals now
.teeing mainEained bathe awo_ super-
powers — a reduction affecting in equal
measure all forma of the weapon,
strategic, medium range, and tactical,
as well as all means of their delivery —
all this to he implemented at once and
without further wrangling among the
experts, and to be subject to such
national means of verification as now
lie at the disposal of the two powers.
. e 64
s..
PabU"W Uedw the Auspices of the NGO Diammameat Committee at U.N. Headquarters VOL. IV, No. -3 June 1981
U.S.A. and U.S.S.R.
'Like Lemmings pleading for the Sea'
George F. Kennan made the
following address in accepting the
Albert Einstein Peace Prise on 18
May 1981 at the Marriott Hotel in
Washington, D.C.:
A PERSON WOULD have to be
wholly insensitive, or perhaps selfless
to the point of saintliness, in order not
to be moved by such an honor as the
Einstein Foundation is conferring on
me today. I am neither of those things;
so I am naturally deeply gratified and
appreciative.
On the other hand, I cannot help but
have my doubts as to whether I have
fully deserved it. And for that reason I
can look on it only as a mark of con-
fidence and of encouragement — en-
couragement to myself and to a great
many other people — encouragement to
continue to do what little may be in our
power to assure that we of this genera-
tion, here and elsewhere, do not, in
deference to our military fears, commit
the supreme sacrilege of putting an end
to the civilizption out of which we have
grown, the civilization which has made
us what we are, the civilization without
which our children and grandchildren
can have no chance for self- reali-
zation, possibly no chance for life it-
self.
THIS, AS I SEE IT, is the taste to
which the Einstein Foundation has de-
voted itself. Beside it, all personal con-
siderations ought to fade into in-
significance. I am grateful for the
opportunity to associate myself pub-
licly. with this cause. And I am grateful
for the admonition which the award
implies: the admonition to neglect
nothing — no effort, no unpleasant-
ness, no controversy, no oncr.cice —
which could conceivably help to pre-
serve us from committing this fatal
folly.
What can we do?
ADEQUATE WORDS are lucking
to express the full seriousness of our
present situation. It is not just that we
are for the moment on a collision course
politically with the Soviet Union, and
that the process of rational commuru
cation between the two governments
seems to have broken -down com-
pletely; it is also — and even more im-
portantly — the fad that the ultimate
sanction behind the conflicting poli-
cies of these two governments is a type
and volume of weaponry which could
not possibly be used without utter
disaster for us all.
For over .i0 years wise and far - seeing
people have been warning us about the
futility of any war fought with nuclear
weapons and shout the dangers in-
volved in their cultivation. Some of the
first of these voices to be raised were
those of great scientists; incl uding out-
standingly that of Albert Einstein him-
self. But there has been no lack of
others. Every president of this coun-
try, from Dwight Eisenhower to Jim -
my Carter, has tried to remind us that
there could be no such thing as victory
in a war fought with such weapons. So
have a great many other eminent
persons.
WHEN ONE LOOKS back today
over.the hi#Wmof theee.warninga, one
has the impression that something has
now been lost of the sense of urgency,
the hopes, and the excitement that ini-
tially inspired them, so many years
ago. One senses, even on the part of
those who today most acutely perceive
the problem and are inwardly most
exercised about it, a certain dis-
couragement, resignation, perhaps
even despair, when it comes to the ques-
tion of raising the subject again. The
danger is so obvious. So much has
already been said. What is to be gained
by reiteration? What good would it now
do?
Look at the record. Over all these
years the competition in the devel-
opment of nuclear weaponry has pro-
Seeded steadily, r lendessly, without
the faintest-regard for all these warn-
ing voices. We have gone on piling
weapon upon weapon, misaile upon
missile, new levels of destructiveness
upon old ones. We have done this help.
lessly, almost involuntarily: like the
victims of some sort of hypnotism, like
m.en in a dream, like lemmings heading
for the sea, like the children of Hamlin
marching blindly along behind their
Pied Piper. And the result is that today
we have achieved, we and the Hue-
siane t Agther, in the creation of these .
devices and their means of delivery,
levels of redundancy of such grotesque
dimensions as to defy rational under-
standing.
- — I SAY REDUNDANCY. I know of
no .better way to describe it. But
actually, the word is too mild. It im-
plies that there could be levels of these
weapons that would not be redundant
Personally. I doubt that there could. I
question whether these devices are
really weapons at all. A true weapon is
at best something with which you an.
deavor to affect the behavior of another
.society by influencing the minds, the
calculations, the intentions, of the men
that control it; it is not something with
which you destroy indiscriminately the
lives, the substance, the hopes, the cul-
ture, the civilization, of another people.
What a confession of intellectual
poverty it would be — what a bank.
ruptcy of intelligent statesmanship —
if we had to admit that such- blind,
senseless acts of destruction were the
best use wecould makeof what we have
come to view as the leading elements of
our military strength!
TO MY MIND, the nuclear bomb is
the most useless weapon ever in-
vented. It can be employed to no
rational purpose. It is not even an effec-
tive defence against itself It ie ody
something with which, in a moment of
petulance or panic, you commit such
fearful acts of destruction as no sane
person would ever wish to have upon
his conscience.
There are those who will agree, with
a sigh, to much of what I have justsaid,
but will point to the need for something
called deterrence. This is, of coupes, a
concept which attributes to others — to
others who, like ourselves, were born of
J.
(REVISOR J SCC /CG 82 -3488
1 weaponry rather than basic human services will reduce federal
2 support to Minnesotans for mass transit, agriculture, housing,
3 education, energy, medical care, and many other programs; NOW,
4 THEREFORE,
5 BE IT RESOLVED by the Legislature of the State of Minnesota
6 that it supports a mutual freeze by the United States and the
7 Soviet Union on the testing, production, and deployment of
8 nuclear weapons and of missiles and new aircraft designed
9 primarily;to deliver nuclear weapons.
10 BE IT FURTHER RESOLVED that the Secretary of State of the
11 State -of Minnesota is directed to transmit certified copies of
12 this memorial to the President of the TJnited States, the
13 Secretary of the State of the United States, the President and
14 Secretary of the United States Senate, the Speaker and Chief
15 Clerk of the United States House of Representatives, and to the
16 Minnesota Senators and Representatives in Congress.
No wine l
no icensing
• •
Vote, s t � r � st�
By DAVID DUFF
The Edina City Council decided once agaiin to take no
action on a proposal for a referendunn on wine
licensing. ,
A parade of about 20 people — restaurant owners,
chamber of commerce representatives, non- restau-
rant business people, residents of Edina without
businesses here — gave the council their (opinions on
the subject. Several of the speakers opposed wine
licensing and, even, opposed letting the people of Edina
vote on the issue.
In fact, Councilman Chuck Bredesen said he is�
`=opposed to- letting -the- people vote in an advisory
referendum. He said that it is his philosophy that the
members of the council were elected to decide such
THE
i*;'D U N
issues — not let 'a public vote get the council "off the want to vote in a referendum; it its the democratic way
hook" on tough issues. to allow residents to vote; it's "crazy" to have beer and
Mayor C. Wayne Courtney called the visitors "the not wine; 20 other communities report no trouble with
biggest audience since we had' garbage as the main wine licenses; it's hypocritical for adults to drink wine
topic — not indicating a parallel." but refuse to let local restaurants serve it; shopping
The arguments in favor of licensing suitable restau- centers have difficulty attracting good restaurant
operators without licenses.
rants to serve wine along with food included the
following: -- wouldJo-e= good_for business;._ther-e.are -no Several opponents of wine and of a referendum on
really-in= Edina =now (without licens- wine cited the following factors: 4Icoholism._is_a
ing) ; customers demand it and leave without it; in the growill -9Vr 6lem; " Yore a fern a uCftmale BaLof�
dree- tenter -prise---system;=husiness�-must- respond to fir" 0 : there is no pressure from the community
,demands-- of=custbmers? members oL- Edina s -twos for wine licenses; restaur- ant - owner- - knew= the--rules
country= elubs-may -drink wine bu—C (hers -are denied -its =- `herFthey-opeh-ed= for = busines; ��ts- naivete s�
in-_F,dina; survey of 400 residents showed two thirds hcensing�as- unr- eiziWd-toaleoholism "; Edina was glad
not to have liquor licenses years ago when St. Louis
Park granted so many; high schoolers will want to
have wine as their parents do.
Unwilling to approve a referendum — which the
restaurant people had agreed to pay for and which
would not be binding on the council — Courtney,
Bredesen and Councilwoman Leslie Turner voted to
direct the staff "to advise the council at the next
meeting how to research the issue." The staff recom-
mendation might include formation of a study commit-
tee of citizens but should not include a recommenda-
tion for a referendum.
Council members Fred Richards and June Schmidt
voted against the motion — but did not explain their
votes.
News' 831 -1200
Circulation 831 -1201
Want Ads 831 -1202
Display Ads 831 -1200
-.
PRE- FABRICATED SHELTER
BUILDING -- FASTENED- TO- N-GOLF- DOME -- STRUCTURE
LOCATION - BRAEMAR PARK
Base Bid:
Pre - Fabricated Park
Shelter Building at
Braemar Park
Summary of Bids
Alt. 1) Erection of 30' x 50'
permanent pre- fabricated shelter
Alt. 2) 50 x 30' concrete
floor with 42" footings
Alt. 3) Erection of 16 x 180'
wood deck with approved concrete
footings for 24 post.
Alt. 4) 212 running feet of
wood railing according to the
blueprint specifications
Alt. 5) Installation of 212 running
feet of wood railing according to blue-
print specifications
Alt. 6) Total installation including
all alternatives
Jones & Ottenweller,
Inc.
$ 45,647.00
* 12,820.00
7,219.00
9,133.00
2,064.00
1,350.00
77,500.00
*Award bid to Hamele Recreation for Pre--Fabricated Bldg.
*Award bid to'Jones & Ottenweller, Inc. for Alternate-1)
Erection of 30 x 50' permanent pre -fab shelter
Hamele Recrea-
tion, Inc.
* $43;300.00 -rr.
15,400.00
7,860.00
10,900.00
1,800.00
1,500.00
80,000.00
$43,300
$12,820
MINUTES
- TRAFFIC SAFETY COMMITTEE
AUGUST 10, 1982
9:00 A.M.
Members present: Fran Hoffman, Chairman
Lois Coon
Alison Fuhr
Gordon Hughes
Craig Swanson
Members absent: None
Others present: Mr. E. Paul Dunn, Condor Corp., 1701 East 79th Street,
Bloomington, MN 55420
SECTION A
Requests on which the Committee recommends approval as'requested or modified,
and the Council's authorization of recommended action.
1. Request for removal of the "No U- Turn" signs regulating northbound
France Avenue at Gallagher Drive.
Request made by Mr. E. Paul Dunn, Condor Corp.
ACTION TAKEN:
The request was discussed by the Committee and the following points were
brought out:
- High traffic volumes are apparent on France Avenue South.
- Previous removal of "No U- Turn" signs have been in conjunction
with signalized intersections.
- "U- Turn" -type accidents are not now a problem, although a
hazardous condition would be created by the turning movement.
- Hennepin County has scheduled signalizati.on for the intersection
within the next eight months.
Mr. Dunn, representing the Condor Corp., manager of the property at
7380 France Avenue South, was present at the meeting and discussed that
the removal of the restriction would improve access to the property.
Furthermore, access,to the driveway is currently from France Avenue
only and is inconvenient to prospective occupants. In fact, current
prospects for occupancy are concerned with access from the south and
removal of the "No U- Turn." restriction would reduce this inconvenience.
Traffic Safety Committee Minutes
Page 2
August 10, 1982
Mrs. Fuhr moved that the Committee recommend the removal of the signs.
Mrs. Coon seconded the motion. Motion failed 2 -3.
Mr. Swanson moved that the Committee recommend the adoption of a
resolution by the Edina City Council to Hennepin County requesting the
removal of "No U -Turn' signs at France Avenue South and Gallagher Drive
at the time of the installation of traffic signals at that intersection.
Mr. Hughes seconded the motion.. Motion carried 5 -0.
SECTION B
Requests on which the Committee recommends denial of request.
1. Request for "STOP" signs to control traffic on Larada Lane at Willow
Wood Road.
Request made by Sgt. Robert Clabo, Edina Police Department.
ACTION TAKEN:
Mr. Hoffman indicated the intersection was a low- volume residential
street. Several Committee members indicated that their inspection of
the intersection did not identify unusual visual distances or problems.
Mr. Swanson reported two accidents at the intersection over the past
twelve months.
Mr. Swanson moved denial of the request based on lack of warrant.
Mrs. Coon seconded the motion. Motion carried 4 -0; 1 abstention.
SECTION C
Requests which are deferred to a later date or referred to others.
1. Request for "NO PARKING" signs on Ohms Lane, West 74th Street to its
northern end.
Request made by Lt.. Jay Brask, Edina Police Department.
ACTION TAKEN.
The specific area affected by this request would be that adjacent to
the Normandale Branch of the United States Post Office. Current
on- street shorts -term parking is allowed on Ohms Lane, which adds to
congestion at its intersection with West 74th Street. Additionally,
illegal parking occurs frequently in the area during the morning
rush -hour time period.
Mr. Hoffman moved that the request be continued for one month. During
the period, the Committee should notify the Post Office of its intent
to review parking on Ohms Lane within 30 days and take specific actions
Traffic Safety Committee Minutes
Page 3
August 10, 1982
to solve existing problems within 90 days. The Post Office should be
invited to respond to this process. Mrs. Fuhr seconded the motion.
Motion carried 5 -0.
2. Request for re- striping of the north leg of the Braemar perimeter road
to allow the demarkation of the pathway system around the park.
Request made by Mr. Robert Kojetin, Director of Parks and Recreation.
ACTION TAKEN:
The Committee briefly discussed the request. Questions were brought
forth in response to the preliminary plan which needed further
explanation.
Mr. Hoffman moved continuing the request for one month. Mrs. Fuhr
seconded the motion. Motion carried 5 -0.
3. Request for a'restricted parking zone on the west side of Indianola
Avenue adjacent to the Covenant Church of Edina.
Request made by Mr. Scott Holmgren,.Covenant Church of Edina.
ACTION TAKEN:
The Committee discussed the request as it relates to the "drop -off"
and "pick -up of nursery school students at the church. Historically,
the Committee's position has been to deny requests for short -term
parking restrictions. Additionally, the Committee questioned the
church's off - street parking and the possibility of its use for the
intended purpose.
.Mrs. Fuhr moved the continuance of the request for one month at which
time Mr. Holmgren would be asked to'attend and discuss the request.
Mrs. Coon seconded the ration. Motion carried 5 -0.
Respectfully.submitted,
Edina Traffic Safety Committee
r'
(PRELIMINARY)
PRIMARY ELECTION OFFICIALS
SEPTEMBER 14, 1982
Precinct No. 1 - Shepherd of Hills Church
1. Mrs. Genie Williams, Chairman
2. Mrs. Lois Hallquist
3. Mrs. Barbara Anderson
4. Mrs. Dorie Capetz
5. Mrs. Doris O'Neill
Alternate- Mrs. Shirley DeLeo
Precinct
1. Mrs.
2. Mrs.
3. Mrs.
4. Mrs.
5. Mrs.
Alte
No. 2 - Edina City Hall
Joyce Akason, Chairman
Betty Jenson
Barbara Daly
June Holmberg
Naomi Johnson
mate - Mra. Pat Carlson
Precinct No. 3 - Wooddale School Building
1. Mrs. Jane Hawthorne, Chairman
2. Mrs. Sherrill Estensen
3. Mrs. Linda Smith
4. Mrs. Deidre Hedrick
5. Mrs. Lois Husbands
Alternate - Mrs. Betty Ann Flaskamp
Precinct No. 4 - Morningside Building
1. Mrs. Shirley Dibble, Chairman
2. Mrs. Alice Rose
3. Mrs. Rachel Schoening
4. Mrs. Jeanette Lushine-
5. Mrs. Nina Potter
Alternate - Mrs. Kathryn Stamp
Precinct
1. Mrs.
2. Mrs.
3. Mrs.
4. Mrs.
5. Mrs.
Alte
No. 5 - Highlands School
Henrietta Bartlett, Chairman
Phyllis Cooper
Carol McPheeters
Rosemary McGlynn
Linnea Erickson
rnate - Mrs. Mildred Karr
Precinct No. 6 - Countryside School
1. Mrs. Jane Bains, Chairman
2. Mrs. Catherine Swanson
3. Mrs. Hope Eilers
4. Mrs. Sue Zwakman
5. Mrs. Mary Cleaveland
Alternate - Mrs. Louisa Gerstenberger
Precinct
1. Mrs.
2. Mrs.
3. Mrs.
4. Mrs.
5. Mrs.
Alte
No. 7 - Normandale Church
Bess•Brudelie, Chairman
Beverly Deeds
Naomi Ward
Helen Peterson
Zelma Gray
rnate - Mrs. Maxine Yaeger
Precinct No. 8 - South View Junior High
1. Mrs. Jane Moran, Chairman
2. Mrs. Florence Freudenthal
3. Mrs. Myra Hykes
4. Mrs. Constance Ryan
5. Mrs. Eleanor Westerberg
Alternate - Mrs. Joanne.Stephens
Precinct No. 9 - Concord School
1. Mrs. Margaret Wodrich, Chairman
2. Mrs. Eileen Konhauser
3. Mrs. Jacqueline Lindskoog
4. Mrs. Margaret Dobbin
5. Mrs. Mrs. Lavonn Stoakes
Alternate - Mrs. Nancy Grimsby
3 Voting Machines
6425 Mendelssohn Lane
305 Grove P1.
413 Arthur St.
6304 Waterman Ave.
416 Kresse Circle
609 Waterman Ave.
3 Voting Machines
5217 Grandview Lane
5044 Edenbrook Lane
4516.Vandervork Ave. -
5316 Interlachen Blvd.
5141 Bedford Ave.
4152 Rutledge Ave.
3 Voting Machines
5301 Minnehaha Blvd.
4528 Arden Ave.
4519 Bruce Ave.
4521 Wooddale Ave.
4425 W. 52nd St.
5309 Minnehaha Blvd.
3 Voting Machines
4212 France Ave. S.
4011 Kipling Ave.
4014 Monterey Ave.
4166 Monterey Ave.
4502 W. 42nd St.
4224 Grimes Ave.
3 Voting Machines
5512 Mirror Lakes Dr.
5500 Mirror Lakes Dr.
5409 Doncaster Way
4909 Rolling Green Pkwy.
5205 Chantrey Rd.
5121 Lake Ridge Rd.
3 Voting Machines
6101 Tracy Ave.
5804 Merold Dr.
5513 Ridge Park Rd.
6109 Ridgeway Rd.
6204 Crest Lane
6004 Berne Circle
3 Voting Machines
5305 Forslin Dr.
6217 Wyman Ave.
916 Hansen Rd.
6121 Code Ave.
5325 W. 62nd St.
5116 W. 58th St.
3 Voting Machines
5429 Wooddale Ave.
5616 Concord Ave.
4516 W. Woodland Rd.
5529 Oaklawn Ave.
5537 Brookview Ave.
5608 Brookview Ave.
3 Voting Machines
5916 Ashcroft Ave.
6313 Halifax Ave.
6112 Kellogg Ave.
6100 Kellogg Ave.
6305 Peacedale Ave.
5932 Wooddale Ave.
-,4�
5 Judges
938 -5086
938 -5887
938 -1160
935 -5124
935 -3280
938 -3859
5 Judges
929 -7924
929 -2557
929 -7115
929 -5449
929 -0975
925 -1680
5 Judges
922 -2609
926 -0655
922 -4620
926 -2428
926 -6778
925 -0270
5 Judges
926 -4048
926 -1059
922 -5457
926 -0576
926 -5184
922 -9324
5 Judges
929 -4738
925 -1594
929 -4742
927 -5124
929-7541
938 -9283
5 Judges
929 -9362
929 -8387
929 -2239
920 -7181
929 -5486
920 -0398
5 Judges
929 -8734
929 -0932
929 -1074
929 -7067
929 -7557
929 -4524
5 Judges
920 -0558
926 -5576
929 -7595
922 -9053
926 -7005
9.27 -9181
5 Judges
927 -5916
927 -9401
920 -6599
926 -4231
920 -2890
922 -9403
Preliminary
__Primary Election Officials
9/14/82
Page Two
Precinct No. 10 - Creek Valley School
1. Mrs. Lynn Billings, Chairman
.2. Mrs. Mary Shoquist
3. Mrs. Shirley Byrne
4. *Mrs. Margaret McLellan
5. Mrs. Sally McConville
Alternate - Mrs. Claire Doyle
Precinct
1. Mrs.
2. Mrs.
3. Mrs.
4. Mrs.
5.. Mrs.
Alte
No. 11 - Cahill School
Geneva Smith, Chairman
Bonnie England
Maxine Hatzung
Elinor. Thornton..
Lorayne Bechtle
rnate - Mrs. Mary Ann Kubin
Precinct No. 12 - Christ Church
1. Mrs. Claire Ready, Chairman
2. Mrs. Margaret Delaney
3. Mrs. Mary Ann Herman
4. Mrs. Phyllis Taylor
5. Mrs. Virginia McCollister
Alternate - Mrs. Marlene Lawson
Precinct No. 13 - Cornelia School
1. Mrs. Edna Thomsen, Chairman
2. Mrs. Patricia Harmon
3. Mrs. Shirley Bjerken
4. Mrs. Pauline Mertes.
5. Mrs. Ardis Wexler
Alternate - Mrs. Ann Matula
Precinct No. 14 - St. Peters Church
1. Mrs. Mary Jane Platt, Chairman
2. Mrs. Esther Olson
3. Mrs. Harriet Cheolis
4. Mrs. Louise Carlson
5. Mrs. Joyce Hanson...
Alternate - Mrs. Karen Knutsen
Precinct No. 15 - Valley.View Jr. High
1. Mrs. Patricia Olander, Chairman
2. Mrs. Ahita Delegard
3. , Mrs. Sue Kirsch
4. Mrs. Ann Bros
5. Mrs. Sheran McNulty
Alternate - Mrs. Alice Rice
Precinct No. 16 - Southdale Henn. Library
1. Mrs. Adele Olson, Chairman
2. Mrs. Mary McDonald
3. Mrs. Pat Halvorsen
4. Mrs. Doris Van Campen
5. Mrs. Bernadine Chapman
Alternate - Mrs. Donna Montgomery
Precinct No. 17 - Yorktown Continental Apts.
1. Mrs. Mary Ryan, Chairman
2. Mrs. Selma Shelton
3. Mrs. Mary Roeder
4. Mrs. Susan Huston
5. Mrs. Myrtle Grette
Alternate - Mrs. Joyce Koets
Precinct No. 18 - Y.M.C.A.
1. Mrs. Betty Doolittle, Chairman
2. Mrs. Audrey Bergland
3. Mrs. Nancy Huey
4. Mrs.`Patricia Spraguer
5. Lorrie Buboltz
Alternate - Mrs. Marion White
3 Voting Machines
6201 Balder Lane
6713 Cheyenne Tr.
6717 Gleason Rd.
5700 Brook Drive
7008 Sally Lane
6613 Gleason Road
3 Voting Machines
6'344 Ro 1 f Ave.
5225 Tifton Dr.
6613 Cahill Rd..
5205 Danens Dr.
5217 Danens Dr.
5600 W. 66th St.
3 Voting Machines
4401 Gilford Dr.
4515 W. 70th St.
6624 West Shore Dr.
6621 Normandale Rd.
6704 Brittany Rd.
4816 Wilford Way
3 Voting Machines
4529 Andover Rd.
7129 Cornelia Dr.
4405 Ellsworth Dr.
7133 Cornelia Dr.
4913 Larkspur Lane
4141 Pzcklawn Are.
3 Voting Machines
5504 Beard Ave. S.
5441 York Ave. S.
6113 York Ave. S.
3700 Chowen Curve
5829. Drew Ave. S.
6108 Beard Ave. S.
3 Voting Machines
7001 Lee Valley Circle
7209 Lanham Lane
6200 Scotia Dr.
6998 Tupa Dr.
6001 Bonnie Brae Dr.
6008 Shane Dr.
3 Voting Machines
6825 Oaklawn Ave.
6929 Southdale Rd.
6700 Xerxes Ave. S.
6920 Dawson Lane
4860 W. 64th St.
6824 Oaklawn Ave.
3 Voting Machines
5508 Goya Lane
7200 York Ave. S.
7200 York Ave. S.
7200 York Ave., Apt. 416
5709 York Ave. S.
5005 Clover Ridge
3 Voting Machines
7512 Xerxes Ave. S.
7500.York Ave. S.
5220 Duggan Plaza
5921 Abbott Ave. S.
7330 York Ave., Apt. 1
4809 Kellogg Ave.
5 Judges.
941 -3794
941 -6187
941 -5926
941 -6764
944 -1312
941 -6053
5 Judges
941 -2471
944 -3826
941 -4746
941 -4344
944 -1027
941 -1307
5 Judges
922 -6649
926 -4818
-922 -1191
922 -3410
926 -3963
926 -9936
5 Judges
922 -1004
926 -0256
922 -0406
920 -5898
925 -2097
830 -1069
5 Judges
926 -8447
926 -6253
927 -8153
926 -6253
926 -8856
922 -5335
5 Judges
944 -2185
941 -5056
941 -1228
941 -8012
941 -1743
941 -8164
5 Judges
926 -4552
926 -7860
869 -0366
926 -3287
922 -1370
920 -9044
5 Judges
926 -5139
831 -8863
831 -6508
835 -3165
926 -6373
929 -4070
5 Judges
866 -4438
831 -4348
941 -2310
926 -9381
835 -0649
926 -4026
,-..Preliminary
Y Primary Election Officials
9/14/82
Page Three
Precinct No. 19 - Chapel Hills Church
3 Voting Machines
5 Judges
1. Mrs. Charlotte Scanlon, Chairman
6144
Arctic Way
938 -3245
2. Mrs. Ann Bieter
6102
Habitat Court
938 -8334
3. .Mrs. Angie Speliopoulos
6004
Tamarac Ave.
938 -6247
4. Mrs. Ardy Dorsey
6624
Parkwood Rd.
933 -2649
5. Mrs. Audrey Nankivell
6145
Arctic Way
935 -6274
Alternate - Mrs. Jean Altman
6151
Arctic Way
935 -4803
To: The Mayor and City Council
From: Florence Hallberg, City Clerk
Subject: Primary Election Canvassing Board
Date: August 13, 1982
Will you please appoint the following as members of the Canvas-
sing Board for the Primary Election to be held on September 14,
1982?
Harry Melin
W. Ralph Hines
Sam Mobley
Glenn Harmon
Hilding Dahl
Howard Norback
Willard Ott
George Butler
Bill Hoffman
Pete Semenkewitz
Mark Bernhardson
Ralph Campbell, -III
A@ 114 d I I] I or. 1 11�
iiii IIII�III ..
league of minnesota cities
August 3, 1982
TO: Mayors, Managers, Administrators, Clerks in cities over 500 population
FROM: Duke Addicks, Legislative Counsel
RE: Pending Federal Cable TV Legislation
If your city has or is planning to have Cable TV, a bill pending in the U.S. Senate
would nearly eliminate all local control and regulation. Please read the enclosed
information from the National League of Cities.
You should contact not only both U.S. Senators with your concerns, but also your
Representative to the U.S. House.
Senate passage of this bill will occur soon unless many cities contact their Senators.
The House may not take action on this specific bill this year; but if it passes the
Senate it may be added to some other bill pending in the House and thus be voted on
on the floor of the House without House Committee Action.
Cable TV is big business and local control is necessary to make sure your citizens
receive all of the benefits of this new communication media,at a reasonable cost.
Please contact your Senators and Representative today.
For more information, I would suggest you contact George Gross at the National League
of Cities, 202/626 -3000, or I may be able to answer your questions.
1 83 university avenue east, st. paul, minnesota 55101 [61 2] 227 -5600
DA:ara
To:
National 1301 Pennsylvania Avenue NW
League Washington, D.C.
Of 20004
Gilles (202) 626-3000
Cable: NLCITIES
M-il
Officers:
JUL V 3 0 1 J8
President o�
Ferd L. Harrison
Mayor, Scotland Neck, North Carolina
First Vice President
arles Royer ,
Seattle, Was!1ta
Secon ftce President
URGENTr Im am H. Past �111 Wj�liam H. Hudnut. ayor, Indianapol
Executive Director !
Alan Beals- ll
I
(1) Mayors and Managers of Direct Member Cities ;
(2) Executive Directors of State Municipal Leagues
(3) Steering Committee Members .
From: George Gross, Director, Federal Relations
Subject: NLC Legislative Letter: 27 July 82
In this issue: Cable TV Legislation
On July 22, the Senate Commerce Committee approved the "Cable
Telecommunications Act of 1982" (S.2172). The full Senate is
expected.to act on the bill some time in early August. The bill
preempts state and local authority in most areas of essential con-
cern and prohibits almost all meaningful regulation of cable sys-
tems. Citv officials should contact their Senators immediately
and urge them to oppose S. 2172 when it comes to the .floor.
During committee consideration of the bill, Senator Slade Gorton
(R- Wash.) lead the fight against the bill, raising numerous issues
such as the bill's impact on competition, its invalidation of freely
negotiated contractsi and the preemption of basic municipal fran-
chising powers. He offered an amendment to strike the provision
providing a right of renewal for existing cable operators but that
amendment was.defeated, 7 -4.
Senators Howard Cannon (D -Nev.) and Ernest F. Hollings (D= S:C.-) of=
fered an amendment providing for total deregulation of the cable
industry within five years. This proposal would have eliminated
all federal, state, and local regulation of cable, effectively
eliminating the competitive franchising process and all meahingfiil
oversight of cable operators. This was an unprecedented proposal`
and was defeated, 11 -4..
The bill reported by the Commerce Committee is virtually identical
to the staff draft described in the Legislative Letter of July 16.
PastProsldents: Tom Bradley, Mayor, Los Angeles, California • Henry W. Maier, Mayor, Milwaukee, Wisconsin • Tom Moody, Mayor, Columbus, Ohio • Jessie M. Rattley, Councilwomah, Newport
News, Virginia • John P, Rousakle, Mayor, Savannah, Georgia • Directors: Richard Arrington, Jr., Mayor, Birmingham, Alabama • Carol Bellamy, Council President. New York, New York • Arne
Boyum, Executive Director, North Dakota League of Cities • Richard S. Callgulrl. Mayor, Pittsburgh, Pennsylvania • Malcolm Clark, Council Member. Port Arthur, Texas • Joanne Collins. Council
Member, Kansas City, Missouri • Thomas H. Cooke, Jr., Mayor, East Orange, New Jersey • David Cunningham, Council Member, Los Angeles. California • W. Elmer George. Executive Director,
Georgia Municipal Association • Karen M. Graves, Commissioner, Salina. Kansas • Anne Gresham, Council Member, Grand Prairie, Texas • Paul E. Money, Council Member, Rochester, New York
Jonathan B
Executive Director, Maine Municipal Association • Bob Martinez, Mayor. Tampa, Florida • Nbert H. Miller, Executive Director, South Dakota Municipal League • Jack Matson, Mayor, Beaverton.
Oregon • Mary Neuhauser, Council Member, Iowa City, Iowa • C. David Nuessen, Mayor. Quincy, Illinois • Hornan Padilla, Mayor, San Juan, Puerto Rico • Donald R. Peoples, Chief Executive,
Buse. Montana • Martin L. Peterson, Executive Director. Association of Idaho Cities • Michael J. Oulnn, Executive Director, Indiana Association of Cities and Towns • Vernon H. Rieke, Jr., Ma or Pro
Tem, Takoma Park, Maryland • Arthur E. Trujillo, Mayor, Santa Fe. New Mexico • George V. Volnovich, Mayor, Clevehnd, Ohio • Daniel K. Whitshurst, Mayor, Fresno, California • Don A.
Zimmerman, Executive Director, Arkansas Municipal League.
-2-
Major Provisions of S.2172.
Jurisdictional framework. The Federal Government has authority
for the regulation of cable and states and local governments are
specifically delegated narrow authority in certain areas by the
bill. Cities have authority to award franchises,.but they must
be awarded in accordance with the requirements of the bill. All
existing state and local laws and franchise agreement requirements
that are inconsistent with federal policy are specifically nullified.
All existing franchise agreements and ordinances must be brought
into compliance with the bill's requirements within 60 days of its
enactment.
Rate Regulation. States and localities are prohibited from reg-
ulating all rates except for the rates charged for "basic services."
The bill defines basic service narrowly as broadcast programming
and public, educational, and governmental access programming (under
the existing franchise process, basic service is established by
negotiation and may include any type of cable service). In addi-
tion, the bill does not authorize either the cable franchising
authority or the Federal Communications Commission (FCC) to require
the cable operator to carry the programming of local broadcast
stations and establishes a mechanism allowing for the elimination
of access programming by the FCC. In other words, states and local -
ities may not have the authority to require the provision of basic
service and therefore may eventually be effectively denied the
right to regulate the rates for basic service should the cable
operator remove local broadcast programming from the system and
the FCC eliminate access programming.
The bill explicitly prohibits the regulation of rates for "cable
services*" defined by the bill as satellite delivered programming,
including both pay programming such as Home Box Office and non -
pav programming (presently included in basic service) such as
Cable News Network, Entertainment and Sports Programming Network,
and C -SPAN, and "telecommunications services," defined broadly by
the bill as all services provided by cable other than basic and
cable services, including all two -way interactive services such as
security systems, institutional networks, and other services such
as the transmission of data..
In addition, cities would no longer have authority to regulate
rates for installation, reconnection, converters, additional out-
lets, and parental control lock -out devices (i.e., lock boxes which
enable parents to prevent children from viewing pornographic or
obscene programming) .
Service Requirements. The bill prohibits the regulation or re
striction of "the provision of or nature" of both cable and tele-
communications services, making most service I requirements invalid.
This prohibition is broadly drafted and appears to nullify all
franchise agreement requirements that require the provision of a
minimum number of channels or capacity for cable services, the
construction and maintenance of institutional networks, connecting
public buildings and commercial facilities for data and video com-
munications, or the provision of two -way services to consumers
-3-
such as security systems. Existing franchise agreements usually
include such requirements: a franchise is usually awarded to a
cable operator based on its offer to provide a wide array of such
services during the franchise process and the franchise agreement
.i-ncorporates these promises as contractual commitments.
Access. The bill establishes maximum public, educational, and
governmental access requirements of 10 percent of the available
channels (i.e., activated channels, not including channels set
aside by FCC rules for some other purpose- -e.g., "must- carry" rules
requiring cable operators to carry local broadcast programming)
for systems with 20 or more channels and effectively invalidates
all access requirements on smaller systems. A' majority of.cable
systems have fewer than 20 channels and therefore can no longer be
required.to set aside channels for access purposes.
Access requirements in franchise agreements awarded_prior.to March
4 that are in excess of the federal requirements would remain in
effect, (unless eliminated by the FCC or reduced by the cable oper-
ator under this bill) until the franchise agreement is renewed or
extended.
The FCC is required to eliminate access requirements upon a find-
ing that "there are reasonably available alternatives" for the
distribution of,programming in a community. Under this provision
of the bill, the FCC could find that whenever a certain.number of
broadcast outlets (e.g., three) provide broadcast service in a
geographic area, the cable operator should no longer be required
to provide access channels.
The cable operator is authorized to reduce the number of requited
access channels and use those channels for its own programming
"until such time as there is damand for each channel full time for
its designated use." Since the determination as to demand is made
by the operator, in effect, the operator controls whether and how
many access channels are to be made available.
Franchise Renewal. A municipality is required to renew the fran -,
chise of a cable operator if that operator has- :sati.s_fied_ a three-
part _.
test: (1) the cable operator has substantially complied with
the material terms of the franchise agreement;.(2) there has been
no material change in the legal, technical, or financial qualfi-
cations of the operator; and (3) the
p proposed system is reason-
able in light of such factors as the size, nature, needs, and in-
terest of the community, the age of the existing system, the cur-
rent availability of cable services in similar communities, and
the cost of constructing and operating cable systems.
This provision is likely to provide all existing cable operators
with virtually guarenteed rights of renewal. The criteria are so
vague and ambiguous that the decision of a city to deny a franchise
renewal request will, in all likelihood, be subject to a drawn -out
court challenge, effectively tying the hands of the city and pre-
venting competition in refranchising. The bill does not prohibit
cities from considering the applications of other cable compaines in
-4-
refranchising; however, other cable companies are not likely to
submit a bid for a franchise as long as federal law gives the
existing cable company such a'strong preference and protects its
entrenched position.
Ownership. Federal, state, and local governments are prohibited
from establishing any rules limiting the right of cable operators
to own other media interests, such as broadcast stations, news-
papers, or programming services. In addition, the bill specifically
requires states and localities to pay fair market value, defined
as "the ongoing business value of the system, including good will"
whenever cable systems are condemned or bought out under franchise
agreements or ordinances. This provision may prevent cities from
condemning systems which have been abandoned by the cable operator
because it requires the city to pay for franchise rights and good
will, as well as the system's physical assets, making the cost of
condemnation prohibitive for the city.
Franchise Fees. The bill requires the FCC to set a single nation-
wide ceiling on franchise fees that would allow the city to recover
only the average cost of regulation. A city may obtain a waiver
from this ceiling by showing in proceedings before the FCC that its
cost of regulation exceeds the ceiling and that a higher franchise
fee will not interfere with the bill's goals (e.g., allowing cable
to compete free of unnecessary restrictions). How the FCC will set
this ceiling (e.g., a flat rate or a percentage) cannot be predicted.
XXXXXXXXXXXXXXXXXXXX
City officials should urge their Senators to oppose S.2172 on the
following grounds: (1) S.2172 is special interest legislation,
designed to eliminate meaningful competition from the cable industry;
(2) states and local governments, rather than the Federal Government,
should have exclusive authority for the regulation of cable; (3)
invalidating freely negotiated requirements of franchise agreements
by unilateral federal action is fundamentally unfair, especially
when the beneficiary of the federal action -- cable operators --
retain their franchise rights; (4) the existing system -- which
allows for the establishment of regulatory and service requirements
through the competitive franchise process and negotiations -- brings
the benefits of competition to the residents of communities; (5)
providing existing cable operators with a right of renewal in re-
franchising is anticompetitive; (6) extensive involvement of the
FCC in the regulation of cable as the bill proposes is likely to
stifle the development of cable and is not practical given the FCC'c
small staff and nearly 5000 cable systems in operation; (7) author-
izing the FCC to eliminate access requirements and the cable oper-
ator to reduce them is likely to prevent the development of locally
produced cable programming and the.provision of a diversity of in-
formation; and (8) new services such as two -way interactive services
and institutional networks are not likely to be implemented in the
near future since the bill prohibits cities from enforcing franchise
agreements requiring their provision.
I CITY OF
1380 FIZOS7' AVENUE 'NIAPI,ENi'OOI, MINNESOTA 55109
OFFICE OF MAYOR
August 9, 1982
To the Mayor, Councilmembers, All Other City Officials, and Their Spouses:
770 - 4524.
I wish to extend to you a cordial invitation to attend the Regional Meeting of
the League of Minnesota Cities in conjunction with the Association of Metropol-
itan Municipalities to be held at the Holiday Inn in Maplewood on September 16,
1982. The Holiday Inn is located behind the Maplewood Mall at I -694 and White
Bear Avenue.
Beginning at 2:30 p.m., there will be a Roundtable Discussion for all Local
Government Officials. The program will include a presentation on and demon-
stration of the Small City (microcomputer) Management Information Systems
(utility billing, budqet /accounting), by Tom Thelen of the League staff and
Roger Sell, Executive Director of the Intergovernmental Information Services
Advisory Council.
The supper will begin at 6:30 p.m. and tickets are $9.00 including gratuity.
A social hour with a cash bar will precede the supper at 5:30.
I am enclosing /a postcard for reservations to be returned by September 9, 1982.
You will note that if you make reservations for more persons.than actually
attend, you may be billed for those who do not come unless I am notified three
days before the meeting of any changes.
After supper there will be a panel discussion by Leaaue staff and board members
of questions of concern to attending cities. A brief status report on the
Leaque building will be given. Legislators and candidates have been invited to
attend as well as representatives from those state agencies who come into
frequent contact with cities. Adjournment will be no later than,9:30 p.m.
incerely yours,
John Greavu
Host Mayor
Enclosures - 2
�p PUBLIC AFFAIRS DEPARTMENT HENNEPIN
Government Center
y�NE Minneapolis Minnesota 55487
348 -3848 (Beeper 348 -3163)
August 3, 1982
FOR IMMEDIATE RELEASE
Hennepin County Administrator Dale Ackmann will hold a
hearing Aug. 17 on`how the county government should use federal
revenue sharing funds in 1983.
The hearing is scheduled for 1 :30 p.m. in the County Board
Room, A -2400 of the Hennepin County Government Center. Any
citizen or organization may present testimony.
The county expects to receive $8.4 million in revenue sharing
funds next year. The County Board may use such funds to support
any county program or combination of programs.
Federal regulations require that the county hold a hearing
.on revenue sharing before establishing the 1983 budget. The
county administrator is expected to propose a budget to the
County Board before the end of August. The board is expected to
adopt a budget in October.
Anyone wishing to submit written comments may send them to
the County Administrator, A -2303 Hennepin County.Government Center,
Minneapolis., Minnesota 55487 prior to the hearing date.
-30-
AGENDA
LEAGUE OF MINNESOTA CITIES
AND
ASSOCIATION OF METROPOLITAN MUNICIPALITIES
MAPLEWOOD, MINNESOTA
SEPTEMBER 16, 1982
Afternoon Program
Thomas Thelen, Field Representative, presiding.
2:30 - 3:30: Crime & -Law Enforcement in Metro Area
3:30 - 5:30: (With coffee break) Presentation on and demonstration of the
.Small City (microcomputer), Management Information System (for
.utility billing, budget /accounting).
Evening Program
5:30 - 6:30: Social Hour - Cash Bar
6:30 - 7:30: Dinner
7:30 - 9:30: Evening Meeting
a) League building completion report.
r
b) Update on the city -state financial relationship.
c) Explanation of the League of Minnesota Cities Legislative
Action Program, including the policy development process
and legislative district activities.
d) Answers to questions about local problems of general
interest by a League attorney and other League staff.
9:30: Adjournment
NOTE: Copies of the most frequently requested League publications will be
available.
RESOLUTION APPROVING ASSIGNMENT OF SECURITIES IN LIEU OF BOND
FIRST BANK MINNEAPOLIS
BE IT RESOLVED that the City Council of the City of Edina, Minnesota
approves the assignment by its depository, First Bank Minneapolis, of the
following securities as good and sufficient collateral for the City of
Edina Public Funds deposited in said depository.
$ 70,000.00 Sandy City UT Ser 1974 WTR Imp Rev Bd @ 6.25 due 1 -01 -85
100,000.00 Co /Oakland & Wayne, Randolph St. Drainage Dist, GO @ 6.70
due 05 -01 -93
430,000.00 Indiana County Penn Manor Area Sch Dist @ 6.60 due 5/1/96
140,000.00 City of Zion Ill Waterworks and Sewerage Rev Bd @ 6.25
due 05 -01 -99
ADOPTED this 16th day of August, 1982.
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 resolution was
duly adopted by the Edina City Council at its Regular Meeting of August
16, 1982, and as recorded in the Minutes of said Meeting.
WITNESS my hand and seal of said City this 20th day of October, 1982.
City Clerk
RESOLUTION APPROVING ASSIGNMENT OF SECURITIES IN LIEU OF BOND
NORTHWESTERN NATIONAL BANK OF MINNEAPOLIS
BE IT RESOLVED that the City Council of the City of Edina, Minnesota,
approves the assignment by its depository, the Northwestern National Bank
of Minneapolis, of the following securities as good and sufficient collar
teral for the City of Edina.Public Funds deposited in said depository:
$400,000.00 Federal Farm Credit Banks 13.25% 3/01/1093
ADOPTED this 16th day of August, 1982.
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 resolution was duly
adopted by the Edina City.Clerk at its Regular Meeting of August 16, 1982,
and as recorded in the Minutes of said Regular Meeting.
WITNESS my hand and seal of said City this 20th day of October, 1982.
City Clerk
ORDINANCE NO. 1032 -A2
\ AN ORDINANCE AMENDING ORDINANCE NO. 1032 TO ADOPT
MINNESOTA POLLUTION CONTROL STANDARDS NPC 1 AND NPC 2
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA ORDAINS:
Section 1. Ordinance No. 1032 is hereby amended by replacing Section 1
and Section 2 with the following sections:
Sec. 1. Daytime Noise Restrictions. No person shall make, continue, or cause
to be made or continued any unnecessary or unusual noise between the hours of
6 A.M. and 10 P.M. which either annoys, injures or endangers the comfort, repose,
health or safety of others. This shall not apply to the operation of motor
vehicles on public highways, locomotives and railroad cars, construction equipment
at construction sites, maintenance of utility easements, and City snow removal.
Minnesota Pollution Control Agency Regulations NPC 1 and NPC 2 dated November 17,
1974, are hereby adopted in their entirety except for NPC 1 (a) Definitions,
(3) Director, (4) Daytime Hours and (5) Nighttime Hours, and NPC 2.(h) Measurement
Procedure.
Sec. 2. Nighttime Noise Restrictions. No person shall make, continue, or
cause to be made or continued any unnecessary or unusual noise between the hours
of 10 P.M. and 6 A.M. which either annoys, injures or endangers the comfort, repose,
health, or safety of others. This shall not apply to the operation of motor
vehicles on public highways, locomotives and railroad cars, maintenance of utility
easements, and City snow removal. :Minnesota Pollution Control Agency Regulations
NPC 1 and NPC 2.dated November.17, 1974, are hereby adopted in their entirety except
for NPC 1 (a) Definitions, (3) Director, (4) Daytime Hours, (5) Nighttime Hours,
and NPC 2 (h).Measurement Procedure.
Sec. 3. Section 3 of Ordinance No. 1032 is hereby repealed in its entirety
and is replaced with the following new section:
• "Sec. 3. Measurement Procedure. A measurement procedure approved v the
City Sanitarian shall be used to determine the acceptability of sound levels in 'a
given area. Such measurements shall be made-at the point of human activity in the
receiving area which is nearest the noise source and which is typical for the Noise
Area Classification category of the receiving area, except where existing barriers,
obstructions or reflecting surfaces prevent an accurate measurement. All measure-
ments shall be made outdoors."
Sec. 4. This ordinance shall be in full force and effect immediately upon its
passage and publication.
- f
e MINNESOTA STATE
r REGULATIONS
MINNESOTA POLLUTION
CONTROL AGENCY
NOISE POLLUTION CONTROL SECTION
1974
• i yp4' TE3E 8�
t NPC 1 Definitions, Severability and Variances for
Noise Pollution Control Regulations
NPC 2 Noise Standards
Filed with the Secretary of State
and Commissioner of Administration
j November 27, 1974
' Distributed by
DOCUMENTS SECTION, DEPARTMENT OF ADhTINISTRATION
Room 140 Centennial Building, St. Paul, Minnesota 55155
i
i
" NPC 1 Definitions, Severability and Variances for Noise Pollution Control
Regulations
(a) Definitions. For the purpose of all noise pollution control regulations:
(1) Agency. Agency means the Minnesota Pollution Control Agency,
its agent, or representative.
(2) ANSI. ANSI means the American National Standards Institute or
its successor bodies.
P
(3) Director. Director means the Executive Director of the Minnesota
Pollution Control Agency.
(4) Daytime Hours. Daytime hours are those from 7:00 a.m. to 10:00
p.m. (0700- 2200).
(5) Nighttime Hours. Nighttime hours are those from 10:00 p.m. to
" NPC 1 Definitions, Severability and Variances for Noise Pollution Control
Regulations
(a) Definitions. For the purpose of all noise pollution control regulations:
(1) Agency. Agency means the Minnesota Pollution Control Agency,
its agent, or representative.
(2) ANSI. ANSI means the American National Standards Institute or
its successor bodies.
(3) Director. Director means the Executive Director of the Minnesota
Pollution Control Agency.
(4) Daytime Hours. Daytime hours are those from 7:00 a.m. to 10:00
p.m. (0700- 2200).
(5) Nighttime Hours. Nighttime hours are those from 10:00 p.m. to
7:00 a.m. (2200- 0700).
(6) Person. Person means any human being, any municipality or other
governmental or political subdivision, or any other public agency, any public
or private corporation, any partnership, firm, association or other organiza-
tion, any receiver trustee, assignee, agent or other legal representative of any
of the foregoing, or any other legal entity, but does not include the Minne-
sota Pollution Control Agency..
(7) SLUCM. SLUCM means the Standard Land Use Coding Manual
(1969, United States Government Printing Office) which designates land
activities by means of numerical codes.
(8) Sound. Sound is an oscillation in pressure, stress, particle displace-
ment, particle velocity, etc., in an elastic or partially elastic medium, or the
superposition of such propagated alterations.
(9) Noise. Noise means any sound not occurring in the natural en-
vironment, including, but not limited to, sounds emanating from aircraft
and highways, and industrial, commercial and residential sources.
(10) Impulsive Noise. Either a single sound pressure peak (with
either a rise time less than 200 milliseconds or total duration less than 200
milliseconds) or multiple sound pressure peaks (with either rise times less
than 200 milliseconds or total duration less than 200 milliseconds) spaced
at least by 200 millisecond pauses.
(11) Non - Impulsive Noise. All noise not included in the definition of
Impulsive Noise.
(12) Decibel. Decibel is a unit of sound pressure level, abbreviated
dB
(13) Sound Pressure Level (SPL). Sound Pressure Level is 20 times
the logarithm to the base .10 of the ratio of the pressure of a sound, p,
to the reference pressure, p,. For the purposes of these regulations, the
reference pressure shall be 20 micronewtons per square meter (20 µN /m).
In equation form, Sound Pressure Level in units of decibels is expressed as:
SPL (dB) = 20log,oP /Pr
(14) dBA. dBA is a unit of sound level. dBA is the weighted sound
pressure level by the use of the A metering characteristic and weighting as
specified in ANSI Specification for Sound Level Meters, SIA -1971, which
is hereby incorporated by reference. For the purpose of these regulations,
dBA is used as a measure of human response to sound.
O 1
i
(15) L,.. Lo is the sound level, expressed in dBA, which is exceeded
ten percent of the time for a one hour survey, as measured by test procedures
approved by the Director.
(16) L... I. is the sound level, expressed in dBA, which is exceeded
fifty percent of the time for a one hour survey, as measured by test proce-
dures approved by the Director.
(b) Severability. If any provision of any regulation or the application
thereof to any person or circumstances is held to be invalid, such invalidity
shall not affect other provision or application, and to this end the provisions
of all regulations and the various applications thereof are declared to be
severable.
(c) Variance. Whereupon written application of the responsible person
or persons, the Agency finds that by reason of exceptional circumstances
strict conformity with any provisions of any noise regulation would cause
undue hardship, would be unreasonable, impractical or not feasible under
the circumstances, the Agency may permit a variance upon such conditions
and within such time limitations as it may prescribe for the prevention,
control or abatement of noise pollution in harmony with the intent of the
State and any applicable Federal laws.
0
J/
J�.i
I
~
NPC 2 Noise Standards
(a) These standards describe the limiting levels of sound established on
the basis of present knowledge for the preservation of public health and
welfare. These standards are consistent with speech, sleep, annoyance and
-
hearing conservation requirements for receivers within areas grouped
according to land activities by the Noise Area Classification (NAC) system
herein described. However, do by themselves, identify
these standards not,
the limiting levels of impulsive noise needed for the preservation of public
• __
health and welfare.
(b) Noise Standards
Day (0700 -2200) Night (2200 -0700)
,
NAC L. Lto L. Lt.
1 60 65 50 55
'
2 65 70 65 70 '
3 75 80 75 80
i
(c) Noise Area Classification System According to Land Activity at Re-
ceiver. Acceptable sound levels for the receiver are a function of the in-
tended activity in that land area. The following noise area classifications
are grouped and defined by the SLUCM numerical codes and descriptions.
(d) Noise Area Classification -1 (NAC-1) includes the following land ac-
tivities:
1
NAC -1
11 Household units (includes farm houses)
12 Group quarters
O
13 Residential hotels
14 Mobile home parks or courts
•
15 Transient lodgings
19 Other residential, NEC"
397 Motion picture production
O
651 Medical and other health services
'
674 Correctional institutions
68 Educational services
/i
691 Religious activities
71 Cultural activities and nature exhibitions
721 Entertainment assembly
7491 Camping and picnicking areas (designated)
75 Resorts and group camps
'
79 Other cultural, entertainment, and recreational activities, NEC
(e) Noise Area Classification -2 (NAC -2) includes the following land activi-
ties:
-
NAC -2
4113 Railroad terminals (passenger)
4115 Railroad terminals (passenger and freight)
4122 Rapid rail transit and street railway passenger terminals
4211 Bus passenger terminals (intercity)
•
4212 Bus passenger terminals (local)
_
*NEC — Not elsewhere coded.
4213
Bus passenger terminals (intercity and local)
429
Other motor vehicle transportation, NEC
4312
Airport and flying field terminals (passenger)
4314
Airport and flying field terminals (passenger and freight)
4411
Marine terminals (passenger)
4413
Marine terminals (passenger and freight)
46
Automobile parking
4721
Telegraph message centers
492
Transportation services and arrangements
51
Wholesale trade
52
Retail trade — building materials, hardware, and farm equipment
53
Retail trade — general merchandise
54
Retail trade — food
55
Retail trade — automotive, marine craft, aircraft, and accessories
56
Retail trade — apparel and accessories
57
Retail trade — furniture, home furnishings, and equipment
58
Retail trade — eating and drinking
59
Other retail trade, NEC
61
Finance, insurance and real estate services
62
Personal services
63
Business services
64
Repair services
652
Legal services
659
Other professional services, NEC
66
Contract construction services
67
Governmental services (except 674)
69
Miscellaneous services (except 691)
72
Public assembly (except 721, 7223)
73
Amusements (except 731)
74
Recreational activities (except 7491)
76
Parks
(f) Noise
Area Classification -3 (NAC -3) includes the following land activi-
ties:
NAC-3
21
Food and kindred products — manufacturing
22
Textile mill products — manufacturing
23
Apparel and other finished products made from fabrics, leather,
and similar materials — manufacturing
24
Lumber and wood products (except furniture) — manufacturing
25
Furniture and fixtures — manufacturing
26
Paper and allied products — manufacturing
27
Printing, publishing and allied industries
28
Chemicals and allied products — manufacturing
29
Petroleum refining and related industries
31
Rubber and miscellaneous plastic products —manufacturing
32
Stone, clay, and glass products — manufacturing
33
Primary metal industries
4
r-
d
i
�I
34 Fabricated metal products — manufacturing
35 Professional, scientific, and controlling instruments; photographic
and optical goods; watches and clocks — manufacturing
39 Miscellaneous manufacturing, NEC (except 397)
41 Railroad, rapid rail transit, and street railway transportation (ex-
cept 4113, 4115, 4122)
42 Motor vehicle transportation (except 4211, 4212, 4213, 429)
43 Aircraft transportation (except 4312, 4314)
44 Marine craft transportation (except 4411, 4413)
45 Highway and street right -of -way
47 Communication (except 4721)
48 Utilities
49 Other transportation, communication and utilities, NEC (except
492)
7223 Race tracks
731 Fairgrounds and amusement parks
81 Agriculture
82 Agricultural and related activities
83 Forestry activities and related services (including commercial
forest land, timber production and other related activities)
84 Fishing activities and related services
85 Mining activities and related services
89 Other resource production and extraction, NEC
— All other activities
(g) Noise Area Classification -4 (NAC -4) includes the following land activi-
ties:
NAC-4
91 Undeveloped and unused land area (excluding non - commercial
forest development)
0 92 Non - commercial forest development
93 Water areas
94 Vacant floor area
95 Under construction
99 Other undeveloped land and water areas, NEC
(h) Measurement Procedure. A measurement procedure approved by the
—Director shall be used to determine the acceptability of sound levels in a
given area. Such measurements shall be made at the point of human activity
in the receiving area which is nearest the noise source and which is typical
for the Noise Area Classification category of the receiving area, except where
existing barriers, obstructions or reflecting surfaces prevent an accurate
measurement. All measurements shall be made outdoors.
(i) Exceptions
(1) The Standards of NAC -2 may apply to buildings within the follow-
ing NAC -1 categories: 11, 12, 13, 14, 15, 19, 397, 651, 68, 691, 71, 721, if
all of the following conditions are met:
G) The building is constructed and insulated in such a way as to
assure that the exterior - interior sound level attentuation, measured under a
measurement procedure approved by the Director, is at least 30 dBA; and
O 5
T-7T,77 7,77777
i
�I
34 Fabricated metal products — manufacturing
35 Professional, scientific, and controlling instruments; photographic
and optical goods; watches and clocks — manufacturing
39 Miscellaneous manufacturing, NEC (except 397)
41 Railroad, rapid rail transit, and street railway transportation (ex-
cept 4113, 4115, 4122)
42 Motor vehicle transportation (except 4211, 4212, 4213, 429)
43 Aircraft transportation (except 4312, 4314)
44 Marine craft transportation (except 4411, 4413)
45 Highway and street right -of -way
47 Communication (except 4721)
48 Utilities
49 Other transportation, communication and utilities, NEC (except
492)
7223 Race tracks
731 Fairgrounds and amusement parks
81 Agriculture
82 Agricultural and related activities
83 Forestry activities and related services (including commercial
forest land, timber production and other related activities)
84 Fishing activities and related services
85 Mining activities and related services
89 Other resource production and extraction, NEC
— All other activities
(g) Noise Area Classification -4 (NAC -4) includes the following land activi-
ties:
NAC-4
91 Undeveloped and unused land area (excluding non - commercial
forest development)
0 92 Non - commercial forest development
93 Water areas
94 Vacant floor area
95 Under construction
99 Other undeveloped land and water areas, NEC
(h) Measurement Procedure. A measurement procedure approved by the
—Director shall be used to determine the acceptability of sound levels in a
given area. Such measurements shall be made at the point of human activity
in the receiving area which is nearest the noise source and which is typical
for the Noise Area Classification category of the receiving area, except where
existing barriers, obstructions or reflecting surfaces prevent an accurate
measurement. All measurements shall be made outdoors.
(i) Exceptions
(1) The Standards of NAC -2 may apply to buildings within the follow-
ing NAC -1 categories: 11, 12, 13, 14, 15, 19, 397, 651, 68, 691, 71, 721, if
all of the following conditions are met:
G) The building is constructed and insulated in such a way as to
assure that the exterior - interior sound level attentuation, measured under a
measurement procedure approved by the Director, is at least 30 dBA; and
O 5
(ii) The building possesses year - around indoor climate control; and
(iii) The building has no facilities intended for outdoor activities, in- Q
cluding but not limited to yards: swimming pools, patios, balconies, tennis
courts, golf course, gardens and picnic areas.
(2) The NAC -1 Day Standards may apply to land uses in NAC -1 cate-
gories during nighttime hours in lieu of NAC -1 Night Standards if such land
uses are not intended for overnight sleeping.
I
0
6 U
i
August 19, 1982
J_
Tom Erickson wanted you to have
a copy of this.
t
FOR FURTHER INFORMATION CONTACT:
Peter Sausen, Director
Debt Management
State of Minnesota
Department of Finance
(612) 296 -8372
Pursuant to Laws of Minnesota 1982, Chapter 523, Commissioner
of Finance, Allan L. Rudell, announced today that the maximum interest
rate for municipal obligations in the month of September will be twelve
(12) percent per annum. Obligations which are payable wholly or in part
from the proceeds of special assessments or which are not secured by
general obligations of the municipality may bear an interest rate of up
to thirteen (13) percent per annum.
The maximum interest rate for obligations authorised by
resolution prior to April 1, 1982 shall be twelve (12) percent per annum.
A��
minnesota department of health
717 s.e. delaware st. p.o. box 9441 minneapolls 55440
o (612) 296.5221
August 11, 1982
TO: Water Supply Superintendent
FROM: Roger L. DeRoos, Ph.D., Director
Division of Environmental Health
SUBJECT: Fees for Analytical Laboratory Services
Federal and state laws and rules require that public drinking water supplies
have their water analyzed for a variety of substances, at specified frequencies
over a 45 -month period. Heretofore, the Department of Health laboratory has
performed these analyses, along with analyses for a variety of other constit-
uents which are not directly health related, at no cost to the utility. Rising
laboratory costs and shrinking state dollars led the State Legislature, in the
January, 1982, special budget session to authorize the Department of Health
environmental laboratory.to charge fees which reflect actual analytical costs.
The Department of Health laboratory will charge fees for analyses of community
water supply samples, starting October 1, 1982.
,Based on personnel time requirements, costs of chemicals, sample bottle pre-
paration and postage, the laboratory has projected, for the coming 45 -month
period, the average cost per analysis for each of the various tests required
for community water supplies. Two price lists are attached. List A contains
the costs for required Safe Drinking Water Act analyses based on population
and water source. The costs on List A have been fixed and are intended to
remain in effect for the 45 -month cycle ending June 30, 1986. List B contains
costs for analysis of constituents which are optimal but routinely requested.
These costs will also be in effect for the 45 -month interval. Prices will be
quoted on request for any analyses which are not listed.
The costs for the complete 45 -month sample cycle for each community have been
cal_eulated, based on the prices contained in List A and the number and type of
analyses which are required of your supply. The 45 -month cost for your supply
is entered at the bottom of this page. You will be billed in three equal in-
stallments. This letter contains an invoice which should be returned along
with a check for payment of the first installment which.is due October 1, 1982.
COST FOR YOUR SUPPLY,(October 1982 through June 1986) is . . . . . 810.40
an equal opportunity employer
r
'Water Supply Superintendent -2- August 11, 1982
The state sanitarian or engineer who surveys your supply will continue to do so
once every 15 months at no charge, and will collect the appropriate samples at
the time of the survey. Results of completed analyses and surveys will continue
to be sent in the same manner as they have been in the past.
The cost listed for your supply includes the analysis of one monthly or quarterly
bacteriological sample. If your supply is required to do more frequent bacterio-
logical sampling, you may continue to send these additional samples to a private
laboratory certified by the Minnesota Department of Health.
If you wish to have optional analyses done on your supply's water, the state
engineer or sanitarian can discuss the matter with the supply operator prior to
the survey, and collect the samples at the time of the survey. Or the supply can
request collection bottles from MDH, fill and return them to MDH according to the
instructions provided. MDH will bill for these analyses after they are completed,
based on the prices contained on List H.
Please contact Mr. Richard Clark at 612/296 -5327 for questions regarding sampling
and Mr. Allen Tupy at 612/296 -5516 regarding analyses, sample containers and
billing.
A copy of this letter is being sent to the city clerk /administrator. If future
correspondence and /or billings should be sent to another party or address, please
make the appropriate changes on the address label attached to the enclosed invoice.
Enclosures
cc: City Clerk /Administrator
z
O
O
U
d � �
COME
i
awn
ao '
U
�Z
e�
August 13, 1982
TO: Interested Persons
FROM: Randall D. Youn9
Executive Secretary
SUBJECT: Public Meetings
(612) 296 -7526
A number of significant issues have developed in recent gas and
electric rate cases which The Minnesota Public Utilities Commission feels
transcend the confines of individual rate cases. The Commission believes
that the most appropriate forum for developing a base of information on
these issues is in a general setting focusing on these rather than in a
specific rate case.
The Commission has set three public meetings to receive comments
from the public and regulated industries on:
1. Low income assistance programs
2. Special "medically necessary" rates
3. The conservation rate break impacts on conservation
and low income customers.
The public meetings will be held at the following locations on
the dates indicated:•
BRAINERD, MN. on Monday, October 25, 1982 at 7 :30 P.M. at
the Crow Wing County Service Building, Laurel Street.
MANKATO, MN. on Wednesday, October 27, 1982 at 7:30 P.M.
at the Minnesota Valley Regional Library, 100 East Main St.
ST. PAUL, MN. on Thursday, October 28, 1982 at 7:30 P.M.
in the Commissioner's Large Hearing Room, American Center
Building, Seventh Floor, Kellogg Blvd. and Robert St.
,The general public, public interest organizations, and regulated
companies are invited to present comments on these issues at the meetings.
If possible, a written copy of the comments should be provided to the
Commission either in advance or at the meeting.
Any questions regarding these public meetings should be directed
to Randall D. Young, Executive Secretary, Minnesota Public Utilities Commission
(612) 296 -7526.
RDY:mjj
AMERICAN CENTER bUIldINq- kE«Ogq ANd ROBERT STS• SAINT PAU[, MN 55101
��O
LIQUOR
FUND
BALANCE
SHEET
CITY OF
EDINA
AS AT APRIL
30, 1982
ASSETS
CURRENT ASSETS: "
Cash:
Demand Deposits
$
504,026.05
Working Fund
3,800.00
$ 507,826.05
Due from Other Funds
3,564.49
Contracts Receivable
49,733.35
Loan To Other Funds
415,000.00
Inventory:
Liquor
$
465,220.87
Wine
350,704.87
Beer and Mix
62,372.25
878,297.99
Prepaid Expenses:
Unexpired Insurance
$
4,851.50
Supplies Inventory
400.00
5,251.50
TOTAL
CURRENT ASSETS
$1,859,673.38
FIXED ASSETS:
Land
$
233,784.60
Land Improvements
$ 21,630.50
Buildings
727,488.27
Furniture and Fixtures
293,719.64
Leasehold Improvements
3,035.55
$1,045,873.96
Less: Allowance for Depreciation
and Amortization
344,628.58
701,245.38
Construction in Progress
700.00
935,729.98
TOTAL ASSETS
$2,795,403.36
LIABILITIES AND SURPLUS
CURRENT LIABILITIES:
Trade Accounts Payable $ 154,607.84
Accrued Payroll 7,274.41
161,882.25
Due To Other Funds 481 445.32
TOTAL CURRENT LIABILITIES 643,327.57
SURPLUS:
Invested in Fixed Assets $ 935,729.98
Unappropriated 1,216,345.81 2,1529075.79
TOTAL LIABILITIES AND SURPLUS $2,795,403.36
LIQUOR DISPENSARY FUND
COMPARATIVE STATEMENT OF INCOME AND EXPENSE
NET SALES
10,539 70 $
48,691 54 $
33,375 33 $
92,606 57 $
• CITY OF EDINA
42,196 59 $
24,105.96 $
72,796.40 $ 4,045.85 $ 6,494.95 $ 9,269.37 $ 19,810.17
COST OF SALES:
Inventory -January 1
254,569.38
Four Months
Ending April
30, 1982 and
April 30, 1981
334,835.48
257,259.85
15.71%
858,705.38
12,040.67*
59,623.34
1982
65,533.46
11.89
265 116.81
1981
473 017.40
1,303,934.16
271 514.10
INCREASE -
DECREASE
1,375,262.44
5.57%
50th Street
Yorkdale
Grandview
Total
50th Street
Yorkdale
Grandview
Total
50th Street
Yorkdale
Grandview
Total
SALES:
Liquor $
179,994.25 $
372,676.15 $
303,655.30
$ 856,3,25.70 $
179,307.35 $
378,040.00
$ 311,019.38
$ 868,366.73 $
686.90 $
5,363.85* $
7,364.08* $
12,041.03*
Wine
116,165.51
218,077.04
166,828.17
501,070.72
109,619..42
209,396.66
165,233.31
484,249.39
6,546.09
8,680.38
1,594.86
16,821.33
Beef
68,309.38
136,749.45
100,893.50
305,952.33
67,223.10
135,609.09
102,433.50
305,265.69
1,086.28
1,140.36
1,540.00*
686.64
Mix and Miscellaneous
5,012.24
369,481.38
9,281.98
736,784.62
7,839.19
579,216.16
22 133.41
1,685, 82.16
5,072.84
361,222.71 §
10 168.10
733,213.85
8,397.37
587,083.56
23 638.31
1,681,520.12
60.60*
8,258.67
886.12*
3,570.77 4
558.18*
7,867.40*
1 504.90*
3,962.0
10 135.27
24 595.06
19 557.86
54 288.19
9,960.25
24 486.11
20 926.07
55 372.43
175.02
108.95
1,368.21*
1,084.24*
Less bottle refunds
$
359,346.11
712,189.56
559,658.30
1,631,193.97 $
351,262.46 $
708,727.74
4 566,157.49
1,626,147.69 4
8,083.65
3,461.82
6,499.19-
5,046.28.
NET SALES
10,539 70 $
48,691 54 $
33,375 33 $
92,606 57 $
6,493 85 $
42,196 59 $
24,105.96 $
72,796.40 $ 4,045.85 $ 6,494.95 $ 9,269.37 $ 19,810.17
COST OF SALES:
Inventory -January 1
254,569.38
394,458.82
275,210.64
924,238.84
266,610.05
334,835.48
257,259.85
15.71%
858,705.38
12,040.67*
59,623.34
17,950.79
65,533.46
11.89
265 116.81
565 800.95
473 017.40
1,303,934.16
271 514.10
637 915.22
465 833.12
1,375,262.44
5.57%
6 398.29*
72.114.27*
7,184.28
71 328.28*
Purchases
519,685.19
960,259.77
748,228.04
2,228,173.00
538,12 .15
972,750.70
723,092.97
§2,233,967.82
.1.54
18, 38.96*
12,490.93*
5,135.07
$ 5,79 .82*
April 30
223 729.92
372 460.85
282,1 7.22
878,297.99
242 066.56
375 567.92
238 649.78
856 284.26
18,336.64*
3,107.07*
43 457.44
22 013.73
Inventory
$ 295,955 27
587,798 92 $
466,120 82
$1,349,875.01
296,0 -7 59 $
597,182.78 $
484,443.19
$1,377,683.56
102.32 *$
9,383.86*
18,322.37*
27,808.55*
$ 63,390.84 $
124,390.64 $
93,537.48
$ 281,318.96 $
55,204.87 $
111,544.96 $
81,714.30
$
248,464.13
$ 8,185.97 $
12,845.68
$ 11,823.18
$ 32,854.83
GROSS PROFIT
OPERATING EXPENSES:
Selling
22,476.72
37,568.28
30,203.65
90,248.65
20,412.09
37,628.35
30,916.51
88,956.95
2,064.63
60.07*
712.86*
1,291.70
Overhead
11,418.14
16,472.48
12,523.14
40,413.76
13,400.09
15,123.96
12,373.67
40,897.72
1,981.95*
1,348.52
149.47
483.96*
Administrative
23 336.64
30 665.77
25 557.67
79 560.08
19 594.74
27 434.09
23 049.45
70 078.28
3,741.90
3,231.68
2,508.22
9,481.80
$ 57,231 50
84,706 53
68,284 46
$ 210,222 49 $
53,406 92 $
80,186.40_$
66,339.63
$
199,932.95
3,82 .58
4,520.13
§ 1,94 .83
$ 10,289.54
TOTAL OPERATING
EXPENSES
NET OPERATING
$ 6,159.34 $
39,684.11 $
25,253.02
$ 71,096.47 $
1,797.95 $
31,358.56 $
15,374.67
$
48,531.18
$ 4,361.39 $
8,325.55
$ 9,878.35
$ 22,565.29.
PROFIT
OTHER INCOME:
Cash Discount
4,269.40
9,029.69
7,973.14
21,272.23
4,362.52
10,829.40
8,378.71
23,570.63
93.62*
1,799.71*
405.57*
2,298.40*
Cash over or under
16.92
131.76*
52.15
62.69*
20.58*
89.82*
246.44
136.04
37.50
41.94*
194.29*
198.73*
Income on investments
-0-
94.04
109.50
97.02
-0-
300.56
-0-
353.96
106.14
-0-
558.55
'0-
259.92*
11.05
9.12*
-0-
257.99*
Other
_
-_ _98.45
eo
0 7tC C.'.
1 ain An*
C Ana oR*
s 2 755_12*
NET INCOME . $
10,539 70 $
48,691 54 $
33,375 33 $
92,606 57 $
6,493 85 $
42,196 59 $
24,105.96 $
72,796.40 $ 4,045.85 $ 6,494.95 $ 9,269.37 $ 19,810.17
PERCENT TO NET SALES:
Gross profit
17.647
17.46%
16.71%
17.247
15.71%
15.73%
14.43%
15.128%
Operating expenses
15.93
11.89
12.20
.12.88
15.20
11.31
11.71
12.30
Operating profit
1.71%
5.57%
4.51%
4.36%
.51%
4.42%
2.72%
2.98%
Other income
1.22
1.26
1.45
1.32
1.34
1.53
.1.54
1.49
NET INCOME
2.93%
6.83%
5.96%
5.68%
1.85%
5.95%
4.26%
4.47%
I
CURRENT.ASSETS:
Cash:
Demand Deposits
Working Fund
Due from Other Funds
Contracts Receivable
Loan To Other.Funds
Inventory:
Liquor
Wine
Beer and Mix
Prepaid Expenses:
Unexpired Insurance
Supplies Inventory
LIQUOR.FUND
BALANCE SHEET
CITY OF EDINA
AS AT MAY 31, 1982
ASSETS
TOTAL CURRENT ASSETS
FIRED ASSETS:
Land
Land Improvements $ 21,883.29
Buildings 727,488.27
Furniture and Fixtures 293,719.64
Leasehold Improvements 3,035.55
$1,046,126.75
Less: Allowance for Depreciation
and Amortization 348,778.58
Construction in Progress
TOTAL ASSETS
LIABILITIES AND SURPLUS
CURRENT LIABILITIES:
$ 603,998.92
3,800.00 $ 607,798.92
3,564.49
49,733.35
415,000.00
$ 462,491.72
364,671.65
66,438.97 893,602.34
$ 3,276.50
400.00 3,676.50
1,973,375,60
$ 233,784.60
697,348.17,
700.00 931,832.77
$2,905,208.37
Trade Accounts Payable $ .221,697.37
Accrued Payroll 14,745.69
.236,443.06
Due To Other Funds 481 445.32
TOTAL CURRENT LIABILITIES 717,888.38
SURPLUS:
Invested in Fixed Assets $ 931,832.77
.Unappropriated 1,255,487.22 2,187,319.99
TOTAL LIABILITIES AND SURPLUS $2,905,208.37
LIQUOR DISPENSARY FUND
COMPARATIVE STATEMENT OF INCOME AND EXPENSE
CITY OF EDINA
Five Months Ending May 31, 1982 and May 31, 1981
GROSS PROFIT S
83,388.25 $
160,827.85 $
124,051.19 $
368,267.29 $
OPERATING EXPENSES:
2,696.97
13,532.18
16,337.71
18,584.01
I NCR EASE - DECREASE*
29,599.32
50,381.28
50th Street
Yorkdale 1982
Grandview
Total
50th Street
Yorkdale 1981
Grandview
Total
50th Street
Yorkdale
Grandview
Total
SALES:
7 8.76
108,972.78
86,437.74 V
268,939.ZB
EXPENSES
* 29,854.0
-0-
NETOPERATING $
9,859.49 $
51,855.07 $
Liquor $
232,594.67
$ 478,380.10 $
392,251.20
$1,103,225.97 $
:235,514.10
$ 491,740.37 $
407,970.16
$1,135,224.63
$ 2,919.43 *$
13,360.27* $
15,718.96*
$ 31,998.66*
Wine
146,988.47
274,530.29
214,489.67
636,008.43
140,897.27
266,275.46
209,284.56
616,457.29
6,091.20
8,254.83
5,205.11
19,551.14
'Beer
94,048.00
183,692.16
140,262.29
418,002.45
94,030.06
184,532.88
141,386.78
419,949.72
17.94
846.72*
1,124.49*
1,947.27*
Mix and Miscellaneous
6,816.92
12 458.95
10 983.24
30 259.11
6,928.14
13 741.72
11 266.20
31 936.06
111.22*
1 282.77*
282.96*
1,676.95*
80, 8.06
949,061.50 4
757,986.40
2,187, 95.96
477,369.57
956,290.43
769,907.70
2,203,567.70
§ 3,078.49
7,228.93*
11,921.30*
16,071.74*
Less bottle refunds.
13 007.93
31 758.58
25 329.86
70 096.37
13 047.67
31 852.90
27 342.43
72 243.00
39.74*
94.32*
2.012.57*
2,146.63*
NET SALES
467,440.13
917,302.92
732,656.54
2,117,399.59
464,321.90
92 ,437.53 4
742,565.2 . 7
2,131,324.70
4 3,118.23
7,134.61*
9,908.73*
4 13,925.11*
COST OF SALES:
Other income
1.45
1.28
1.37
Inventory - January 1
254,569.38
394,458.82
275,210.64
924,238.84
266,610.05
334,835.48
257,259.85
858,705.38
12,040.67*
59,623.34
17,950.79
65,533.46
Purchases
362 898.36
748 834.86
606 762.58
1,718,495.80
376 280.50
822 316.46
650 093.41
1 848 690.37
13,382.14*
73,481.60*
43,330.93*
130,194.57*
617, 67.7
1,1 3,293.68 §
881,973.22
§2,642,734.64 *
642,890.55
1,157,151.9
907,353.6
2,707,395.75
4 25, 22.81* §
13,853.26* §
22,380.04*
64,661.11*
Inventory May 31
233 415.86
386 818.61
273 367.87
893 602.34
251 264.80
377 646.35
271 531.89
900 443.04
17,848.94*
9.172.26
1.835.98
6,840.70*
384.051.88
S 756.475.07 S
608.605.35
1.749.132.30 S
391.625.75
S 779.505.59
635.821.37
1.806.952.71
0 7,573.87*
23,030.52* _
27,216.02*
57-820.41*
GROSS PROFIT S
83,388.25 $
160,827.85 $
124,051.19 $
368,267.29 $
OPERATING EXPENSES:
2,696.97
13,532.18
16,337.71
18,584.01
Selling
29,599.32
50,381.28
40,058.51
120,039.11
Overhead
15,401.62
20,010.87
15,218.60
50,631.09
Administrative
28 527.82
38 580.63
31 160.63
98 269.08
TOTAL OPERATING
7 8.76
108,972.78
86,437.74 V
268,939.ZB
EXPENSES
* 29,854.0
-0-
NETOPERATING $
9,859.49 $
51,855.07 $
37,613.45 $
99,328.01 $
PROFIT
OTHER INCOME
,931.94 $ 106,743.90 4 324,371.99 4 10,692.10 4 15,895.
30
24,333.28
44,812.11
37,361.54
106,506.93
5,266.04
5,569.17
2,696.97
13,532.18
16,337.71
18,584.01
14,797.59
49,719.31
936.09*
1,426.86
421.01
911.78
22 499.53
32 935.66
27 423.83
82 859.02
6,028.29
5,644.97
3,736.80
15,410.06
63,171.5Z
96,331.78
79,58 ._96
239,085.26
10,358.24 4
12,641.00
6,854.78
* 29,854.0
9,525.63 $ 48,600.16 $ 27.160.94 $ 85,286.73 $ 333.86 $ 3,254.91 $ 10,452.51 $ 14,041.28
Cash Discount 4
6,610.98
11,762.60
9,902.65
28,276.23
5,982.91
13,940.47
11,829.15
31,752.53
628.07
2,177.87*
1,926.50*
3,476.30*
Cash over or under
1.85*
174.79*
13.43
163.21*
17.72*
111.37*
238.65
109.56
15.87
63.42*
225.22*
272.77*
Income on investments
-0-
-0-
-0-
-0-
-0-
-0-
Other
149.76
144.84
115.14
409.74
372.62
98.45
106.14
577.21
222.86*
46.39
9.00
167.47*
_
6,758 89 $
11,732 65
10,031 22
28,522 76 41
6,337 81
13,927 55 4
12,1 3.94 $
32,439.30
21.08
2.194.90*
2,142.72*
3,916.54*
N ETINCOM E $
16,618 38 $
63,587 72 $
47,644 67 $
127,850 77 $
15,863.44
62,527.71 $
39,334.88 $
117,726.03 $
754.94 $
1,060.01 $
8,309.79 $
10,124.74
PERCENT TO NET SALES:
Gross profit
17.84%
17.53%
16.93%
17.39%
15.65%
•15.68%
14.37%
15.21%
Operating expenses
15.73
11.88
11.80
12.70
13.60 i:i
10.42
10.71
11.21
Operating profit
2.11%
5.65%
5.13%
4.69%
1.35
2.05% ,
1.36
5.26%
1.50
3.66%
1.63
4.00%
1.52
Other income
1.45
1.28
1.37
NET INCOME
3.56%
6.93%
6.50%
6,04%
3.41%
6.76%
5.29%
5.52%
i