HomeMy WebLinkAbout1978-05-01_COUNCIL MEETINGe
AGENDA
EDINA CITY COUNCIL
REGULAR MEETING
MAY 1, 1978
7:00 P.M.
PRESENTATION AND SALUTE TO THE FLAG OF THE UNITED STATES - GIRL SCOUT TROOP 202 -
001tNELIA SCHOOL
ROLLCALL
MINUTES of April 3 and 24, 1978, approved as submitted or corrected by motion of
seconded by
I. PUBLIC HEARINGS AND REPORTS ON PLANNING MATTERS Affidavits of Notice by Cleric.
Presentation by Planning Department. Spectators heard. First Reading of Zon-
ing Ordinance requires offering of Ordinance only. 4/5 favorable rollcall vote
to pass Second Reading or if Second Reading should be waived. Lot Divisions,
Plats, Flood Plain Permits, Appeals from Administrative or Board of Appeals and
Adjustments Decisions and Plan Amendments require action by Resolution. 3/5
favorable rollcall vote to pass.
A. The Northland Company - Generally located between Drew Ave. and Barrie Road
and between W. 65th and W. 66th Streets
1. Ordinance l:o. 811 -A116 - .Regional Medical District to Office Building
District - Second Reading - 7 -78 -4 -(CC 4/17/78)
B. Roger Findell - Generally located West of Cahill Road and North And South
of Amundson Ave. extended
1. Ordinance No. 811 -A96 - R -1 and R -3 Residential District to PRD -3
Residential District - Second Reading - Continued from April 17, 1978
Z -77 -8
C. Lannto Building & Development - Generally located South of Benton Ave.
and West of MN &S.Tracks
1. R -1 Residential District to R -2 Multiple Residential District (Continued
from 4/17/78) First Reading - Z -78 -6
D. Southwest, South and West Edina Plan Amendment - Continued from 4/17/78
(Continue to 7/17/78)
E. Ordinance No. 811 -A115 - Planned Residential District Ordinance Amendment
1. Second Reading (Continue to 7/17/78)
F. Dewey Hill 2nd Addition -= Generally located North of W. 78th Street, [Jest
of Braemar Park and South of Dewey Hill Road
1. Preliminary Plat Approval - S -78 -9 (PC- 4/5/78)
G. Woodbury Park Second Addition - Generally located at 55th St. & France Ave.
1. First Reading
A. Ordinance No. 811 -A105 - R -1 Residential District to R -2 Residential
District - Z -77 -15 (CC- 10/17/77)
B. Final Plat Approval - S -77 -16 (CC- 10/17/77)
H. Lot Divisions
1. Lot 23, Block 1, Oscar Roberts 1st Addition - 7305/07 Glouchester Dr.
LD -78 -1 (PC- 4/26/78)
2. Lots 1 and 2, Block 2, Parkwood knolls 17th Addition - 6604/6605 Field
Way - LD -78 -2 (PC- 4/26/78).
I. Set Hearing .Date -
1. Planned Industrial District Ordinance Amendment - Disco in Roller
Rinks (PC- 4/26/78)
May 1, 1978, Agenda
Page Two
II. PUBLIC HEARING ON EASEMENT VACATION
tion by Engineer. Spectators heard.
Resolution. 3/5 favorable rollcall
A. Lot 4, Block 1, Kenney Addition
III. SPECIAL CO: ,'CL'Pu;S OF RESIDENTS
Affidavits of Notice by Clerk. Presenta-
If Council wishes to proceed, action by
vote to pass.
IV. RECOILNIENDATIONS AND REPORTS
A. On -Sale Beer License - J.P.'s Restaurant
B. CETA /PERA
C. Diseased Shade Tree Subsidy for 1978
D. Outstanding Young Men of America Award - Ralph B.
E. Edina Logo License Agreement
F. Special Concerns of Mayor and Council
G. Post Agenda and Manager's Miscellaneous Items
V. AWARD OF BIDS
A. Civil Defense Warning Siren
B. Water Service Replacement
C. Tree Replacement Bid
D. Police Liability Insurance
Campbell III
VI. COTDfUNICATIONS
A. Petitions
1. Ewing Circle Improvements — Sanitary Sewer, Watermain, Permanent
.Street Surfacing and Curb
VII. ORDINANCES First Reading requires offering of Ordinance only. 3/5 favorable
.rollcall vote to pass Second Reading. 4/5 favorable rollcall vote to pass if
Second Reading should be waived.
A. Ordinance No. 311 -A10 - Dog Enclosure Ordinance Amendment
VIII. FINANCE
A. Liquor. Fund as of 1/31/78 and 2/28/78
B. Claims paid. Motion of I , seconded by
of the following claims as per Pre -List: General
Department, $9,247.34; Art Center, $316.24; Park
Park Sinking, $20,147.50; Pool Fund, $80.14; Golf
Arena Fund, $781.88; [dater Fund, $9,533.56; Sewer
Liquor Fund, $509.87; Construction Fund, $483.92;
$112,308.63; Total, $292,356.31
for payment
Fund, $120,522.21; Park
Construction, $2,999.00;
Fund, $12,984.55;
Fund, $2,570.81;
P1R ($129.34); IBR,
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ORDINANCE AMENDMENT
REQUEST NUMBER: Ordinance
LOCATION: Valley View Rd. & WashinAton Av+
REQUEST: "Di_srn" in TD
Y111ple t►1R��s�,n� dcr�r, nt vHinge of eding
Ordinance Amendment Disco in Roller Rinks in Planned Industrial District
Refer -to: Attached letter
The owners of Saints Valley View Roller Skating Center are requesting
an amendment to the Planned Industrial District section of the Zoning Ordinance
to allow "disco" dances at their facility, at Valley View Road and Washington
Avenue. The attached letter explains their rationale for this request
The principal uses presently allowed in the PID zone include
manufacturing and related uses, scientific research and investigation, offices,
warehousing, handball courts, tennis clubs, and roller skating arenas. In
addition, roller skating arenas must meet certain location and size requirements
according to ordinance 811 -A56 (attached). Dance halls are not permitted in
PID zones but, in staff's opinion, would be allowed in C -2 commercial zones.
Recommendation: Staff has asked the .Police Department to review and comment on
the subject request. The Chief of Police, Lieutenants, and Sergeants have
all responded to this request. Nearly all of these officers have indicated
that the Saints Valley View Roller Skating Center has an excellent record of
supervision and recommended that the request be approved.
i
Although the record of this establishment is excellent, staff believes
that the requested ordinance amendment must be evaluated in light of the total
Planned Industrial District and all lands so zoned. Approving the amendment
based only upon the nature of the requesting establishment would be tantamount
to granting a special use permit which has not been deemed desirable on past
occasions.
At present, the PID zone allows certain principal uses which are not
traditionally associated with industrial areas, i.e. handball courts, tennis
clubs, and roller skating arenas. Staff is concerned that additional uses
which are essentially commercial in nature would weaken the integrity of the
-PID zones and in effect transform them into quasi- commercial areas.
The primary question which must be. answered, therefore, is "where should the
line be drawn in regard to 'non - industrial' uses in the PID zone ?" Presently,
the "non- industrial" uses which are allowed are sports oriented activities.
The requested dance hall would, in staff's opinion, be socially oriented (hopefully)
Therefore, staff believes that such uses are more appropriately located in
commercial zones and would thus recommend against the. requested ordinance
amendment.
GLH:ks
4/21/78
9M szt
Rdw Skaing Centeis
1018 PIONEER BLDG. a SAINT PAUL, MINN. 55101 a 612/224 -3369
April 11, 1978
Mr. Gordon Hughes
City Planning Commission
City of Edina
4801 W. 50th St.
Edina, MN -
Dear Mr. Hughes: - - - - --
As President of Saints Valley View Roller Skating Center, I am
requesting approval of your City to hold teenage "disco" dances
at our center.
It is my understanding we would have to seek a modification to
Zoning Ordinance 811 to allow us to hold dances in.our present
facility. i would like to attend the Planning Commissions
meeting on April 26, 1978 to answer any questions the Commission
might have.
Our request for permission to hold dances is based on the following:
(1) The current 'in' thing with teenagers and young adults
is "disco" sound and lights.
(2) We have demonstrated our ability to maintain strong
disciplinary controls with the teenagers thru a well planned
and enforced approach.
(3) "Disco" would be used both with dancing and roller skating,
which will remain our major business.
(4) The same regulations which. are currently in effect would
apply:
(a) Only teenagers for dancing.
(b) Absoluately no alcholic beverages.
WEST ST-PAUL a MAPLEWOOD 0 ROSEDALE 0 BLOOMINGTON 0 EDINA 0 DULUTH 0 THUNDER BAY 0 WINNIPEG
s
0 HMO
MW Ming Cen =s
1018 PIONEER BLDG. • SAIN I PAUL, MINN. 55101 • 612/224 -3369
Page 2
(c) No smoking under 18.
(d) Dress code, which excludes: cut offs, shorts, bare.
midriffs, obscene "T" shirts or unsightly clothes.
(e) Conduct code - requiring that all customers behave
as ladies and gentlemen.
(f) Open door - parents are always invited for a free
cup of coffee.
(g) Supervision :
i1) Staff manager is on duty at all times.
2, Additinnal employees as required. Minimum
of 1 additional person per 50 customers.
(3) Uniformed off duty policemen at all dancing
sessions to serve as a deterrent to any
disciplinary problems.
(h) Hours - never to exceed 12:00 PM for dancing.
(i) All outside garments must be checked.
We are requesting this approval to:
(1) Stay abreast of the entertainment market for the young, to
which we are committed and have gained experience and expertise.
(2) Assure us of economical stability. Presently we are very
seasonal with slow summers and it is difficult to earn an adequate
return on investment in our short season.
In closing, I would like to state:
(1) As a father of five daughters, I have a great appreciation
for any support I can gain from society and I feel our centers
provide this type of support. '
WEST SL PAUL • MAPLEWOOD • ROSEDALE • BLOOMINGTON • EDINA • DULUTH • THUNDER BAY • WINNIPEG
0 0 So-5
Roller Skating Centers
1018 PIOINEER CLOG. • SAINT PAUL. .-VIINN. 55101 • 6121224 -33G9
Page 3
(2) With an investment in excess of $500,000, we can not
possibly pay our operational costs by appealing to small
number of "toughs ". We must appeal to a large number of
good children to succeed and maintain our current standards,
of which we are very proud.
I would appreciate hearing from you at your earliest convenience
about my request to attend the Commission meeting. Or I would
be happy to discuss my request with you or your designated
representative in further detail.
Thank you!
Sincerely,
Peter D. Boo
President
PDB /gb
('- '
WEST ST PAUL • MAPLEWOOD • ROSEDALE • BLOOMINGTON • EDINA • DULUTH • THUNDER BAY • WINNIPEG
ORDINANCE NO. 811-A55
AN ORDfNANCE A'L1L!TDrL11G T111'. Zojjjj'G opD (`,,iljjCE (No. 811)
V r) SE
BY ADDING R',_j),LER SKATING AR-r-1-116 AS A -P M-11TTEi. U
III THE PL-1UPNED INDUST'JiAL DISTRIOT (PID) A11D
REQU). -RE I MI
1JTS T13ER'EFOR
OTHE .CITY COUNCIL (IF THE CITY OF EDINA, HIMMSOTA, ORDAINS:
Section 1. Subparagraph (a) of parag-aph 3 of Section 10 (PI annee
luduarrial District) of Ordinance No. 811 is 1,ereby amended by adding Hereto
an addttio-.al. Permitted principal use as foijol..-G:
O OT—Rii.11er Sk;tlna wrnr�as prcvldnd tuat:
Lt. L
a. A !east one enLrnmce drive_-,,TL�y to the site P-roposcd :7--r
suca use is wi-thin .350 feel: cf the center 21rc of a street
v-1h.i:h is Clamoif;cd as a waJor arterial, street;
b. At least one boundary of the sit proposed for such use.
ad.int-n-c.; _--i CoE-m:-rcia! Dj-:.-1 f"o-mme-rci-al
Dis'--i: ict, or Is wi th-Ja 350 J`es�t of t1ha bci andary of ;-, full-
access frecway inverchan&e;
C. Nor ;more tlizu ohe-t1lird of average daily autair-01"lle
tTa":fJC 10MCb. is D.T1Z1C_ip1te(!. lcom the propost,d use -rill
De gonernted Jzirjr." tl_ ZZ'Mr! hm'.-rs' 0.r
parts of hcuzs'
thcr' C-_-Iot on
L., 4 � - Lhe
S-U!"_ collectoc ,I1xoets 31. mEjer arveriEl streets to be
u oe J b to -be geucrati!-j by t-ne
y the at:ro-irmabilo t raf Z'4 C
P E 0 -1- Ilse; 1 -, A
V. Th' voss f3cor arz�a o.f the bz,11ding for the principal use
doe3 not exceed 25,000 squa-la feet.
O T Ih e as to W11C.L."er a strect Is classif.ted a maj r)r
a collectcr strect. s-ball be made as 01- t. h ell a 1� e
arterial str-, ;;.,i. o-. ,
S bui IWJ rg rrm - s grd at Ed ior the. e re�c t ion, S 0uc t" xal alters t ion'
or coz -a-sion of a bitildiri-Pr On
the -m:opa30'zl site -'r-or rush U-Sa."
See. 2. Sub p:i rn'�, Z:0.011 ('1) of pare-pk. 6 of Section 10 111 a -.-i na d
of nir0l.r.-noce . "So. , 81,-L is h,�-)-eby mr.ended by a(:Aing tocreto
the
_Roller S!--atl-op: Oac off-w-rect pa-rkh-'g or -ace fo,- esch
i.1 ding .
I Ch L c,re.SS J0001- E—ca i-y hln.tb :t bt
See. 3. ThIs orrl'qaanc.c ii I' be In feil force e;ad effcct uPO-1 Its
pnssi:ige and DL�blication.
O F:1.rni }.c a� i ng : Auoust 39, 1974
.-.Second 9, 1974
Pub1L._h,7d in Lite IW nz :Lip on Scpceojbc_r 12, 1974.
TA!-fr..S VAN
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(signed) i1,0'U?VCE B,
City Clark
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DE14EY HILL 2nd ADDN
REQUEST NUMBER: S -78 -9
LOCATION:N. Of W. 78th, W. of Braemar
P . .
REQUEST: 50 lot sincl e family
subdivision
�r
villn:cP pianttlll,Y�tt2l��lilLent vi!ln a Qf edino
PLANNING COMMISSION
STAFF REPORT
March 29,1978
S -78-9 Dewey Hill 2nd Addition. Generally located north of W. 78th
Street, west of Braemar Park and south of Dewey Hill Road.
Refer to: Attached graphic
The proponents are requesting a 50 lot single family subdivision
of a tract of land located west of the proposed Delaney Blvd. and north
of W: 78th Street. The Commission may recall that the proponents recently
platted Dewey Hill Addition which is located immediately northerly of the
subject property and abuts Dewey Hill Road.
The lot sizes of the proposed subdivision range from 13,400 square
feet to 35,400 square feet. These lot sizes are similar to those located
in surrounding subdivisions. The eastern portion of the subject property
is characterized by rolling topography (i.e. 12 -18 %) and is bordered on
the south by City owned storm sewer ponding areas. The western portion of
the site is quite steep (i.e. up to 35 %) and is wooded.
Of primary concern at this time is the proposed traffic circulation
plan for _the subdivision. An east /west through street is proposed which
would tie into Stonewood Court in Braemar Hills 9th Addition on the western
edge of the proposed subdivision and ultimately Gleason Road. (The
Commission may recall that an outlot was reserved in Braemar Hills 9th
Addn for this roadway connection). On the.eastern edge of the subdivision,
the proposed through street would intersect Delaney Boulevard.
On April 3, 1978, the City Council will conduct a public hearing
regarding the construction of Amundson Avenue and Delaney Boulevard. In
the event that Delaney Blvd. is not authorized, staff would then advise
the proponents that access would have to be provided to 78th Street from
the proposed subdivision.
Recommendation: Staff believes that the proposed road alignment is
desirable in that (1) it takes full advantage of the topography of the
site, (2) provides two adequate means of access to the subdivision and
(3) separates the single family subdivision from a potential multiple
residence development to the south which would be served by 78th Street.
Staff also believes that the proposed arrangement of the lots respects the
topography and vegetation of the site, particularly in the southwestern
section of the subject property.
Dewey Hill 2nd Addition
Staff Report
Page 2
March 29, 1978
Due to the timing of the hearing on Delaney Blvd., staff believes
that it would be somewhat premature to recommend formal plat approval.
However, staff would •dncourage the Commission to grant a "concept"
approval for the subdivision which could be transmitted to Council on
April 3, 1978, and which could have a bearing on the resolution of the
Delaney Blvd. question. In the event that Delaney Blvd. is authorized,
staff would recommend that the proponent return to the Commission for
plat. approval. Such a plat should be modified as follows:
GH: ks
3/23/78
1. Outlot A should be placed at the southern edge of
Lot 16, Block 1, rather than at the northern edge
of Lot 1, Block 2.
2. the proposed roadway in the northwestern section of
the subdivision should be modified to increase the
radius of curvature.
3. the proposed roadway should be moved northerly at the
point where it intersects $raemar Hills 9th Addition
in order to provide a more suitable lot arrangement in
that subdivision.
4. the property south of the subject property (i.e. the
remainder of Tract D) in control of the proponent
should be included in the proposed subdivision and identified
as an outlot. In addition, the easterly one -half of Shaughnessy
Road (which is presently a half street) should be dedicated
at that time.
. 1.00:AT6ON MAP
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DEWEY HILL 2nd ADDN
REQUEST NUMBER: S -78 -9
LOCAT1ON:N. Of W. 78th, W. of Braemar
PaM ana S. 01 DeMy RZI .
REQUEST: 50 lot sinde filmilv
subdivision
r
1 • 1
yjjLr_Kr piaiiilitts den$ -1 IItIIt
villnae of <lina
PLANNING COMMISSION
STAFF REPORT
March 29, 1978
S -78-9 Dewey Hill 2nd Addition. Generally located north of W. 78th
Street, west of Braemar .Park and south of Dewey Hill Road.
Refer to: Attached graphic
The proponents are requesting a 50 lot single family subdivision
of a tract of land located west of the proposed Delaney Blvd. and north
of W: 78th Street. The Commission may recall that the proponents recently
platted Dewey Hill Addition which is located immediately northerly of the
subject property and abuts Dewey Hill Road.
The lot sizes of the .proposed subdivision range from 13,400 square
feet to 35.,400 square feet. These lot sizes are similar to those located
in surrounding subdivisions. The eastern portion of the subject property
is characterized by rolling topography (i.e. 12 -18 %) and is bordered on
the south by City owned storm sewer ponding areas. The western portion of
the site is quite steep (i.e. up to 35 %) and is wooded.
Of primary concern at this time is the proposed traffic circulation
plan for the subdivision. An east /west through street is proposed which
would tie into.Stonewood Court in Braemar Hills 9th Addition on the western
edge of the proposed subdivision and ultimately Gleason Road. (The
Commission may recall that an outlot was reserved in Braemar Hills 9th
Addn for this roadway connection). On the.eastern edge of the subdivision,
the proposed through street would intersect Delaney Boulevard.
On April 3, 1978, the.City Council will conduct a public hearing
regarding the construction of Amundson Avenue and Delaney Boulevard. In
the event that Delaney Blvd. is not authorized, staff would then advise
the proponents that access would have to be provided to 78th Street from
the proposed subdivision.
Recommendation: Staff believes that the proposed road alignment is
desirable in that (1) it takes full advantage of the topography of the
site, (2) provides two adequate means of access to the subdivision and
(3) separates the single family subdivision from a potential multiple
residence development to the south which would be served by 78th Street.
Staff also believes that the proposed arrangement of the lots respects the
topography and vegetation of the site, particularly in the southwestern
section of the subject property.
Dewey Hill 2nd Addition
Staff Report
Page 2
March 29, 1978
Due to the timing of the hearing on Delaney Blvd., staff believes
that it would be somewhat premature to recommend formal plat approval.
However, staff would 'encourage the Commission to grant a "concept"
approval for the subdivision which could be transmitted to Council on
April 3, 1978, and which could have a bearing on the resolution of the
Delaney Blvd. question. In the event that Delaney Blvd. is authorized,
staff would recommend that the proponent return to the Commission for
plat.approval. Such a plat should be-modified as follows:
GH: ks
3/23/78
1. Outlot A should be placed at the southern edge of
Lot 16, Block 1, rather than at the northern edge
of Lot 1, Block 2.
2. the proposed roadway in the northwestern section of
the subdivision should be modified to increase the
radius of curvature.
3. the proposed roadway should be moved northerly at the
point where it intersects Braemar Hills 9th Addition
in order to provide a more suitable lot arrangement in
that subdivision.
.4. the property south of the subject property (i.e. the
remainder of Tract D) in control of the proponent
should be included in the proposed subdivision and identified
as an outlot. In addition, the easterly one -half of Shaughnessy
Road (which is presently a half street) should be dedicated
at that time.
R 0CATION MAP ` •i
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DE14EY HILL 2nd ADDN
REQUEST NUMBER: 5 -78 -9
LOCATION:N• Of W. 78th, W. of Braemar
PaTZ and 5. Of Dewey 11TIT IM
REQUEST: -50 lot si ng]_e family
y
subdivision
�•_i11-4�P 1�la�n�i�vz dcn3ertntf�tt villa�ye n( edina
PLANNING COMMISSION
STAFF REPORT
March 29, 1978
S -78=9 Dewey Hill 2nd Addition. Generally located north of W. 78th
Street, west of Braemar Park and south of Dewey Hill Road.
Refer to: Attached graphic
The proponents are requesting a 50 lot single family subdivision
of a tract of land located west of the proposed Delaney Blvd. and north
of W. 78th Street. The Commission may recall that the proponents recently
platted Dewey Hill Addition which is located immediately northerly of the
subject property and abuts Dewey Hill Road.
The lot sizes of the proposed subdivision range from 13,400 square
feet to 35,400 square feet. These lot sizes are similar to those located
in surrounding subdivisions. The eastern portion of the subject property
is characterized by rolling topography (i.e. 12 -18 %) and is bordered on
the south by City owned storm sewer ponding areas. The western portion of
the site is quite steep (i.e. up to 35 %) and is wooded.
Of primary concern at this time is the proposed traffic circulation
plan for .the subdivision. An east /west through street is proposed which
would tie into Stonewood Court in Braemar Hills 9th Addition on the western
edge of the proposed subdivision and ultimately Gleason Road. (The
Commission may recall that an outlot was reserved in Braemar Hills 9th
Addn for this roadway connection). On the.eastern edge of the subdivision,
the proposed through`.street would intersect Delaney Boulevard.
On April 3, 1978, the City Council will conduct a public hearing
regarding the construction of Amundson Avenue and Delaney Boulevard. In
the event that Delaney Blvd. is not authorized, staff would then advise
the proponents that access would have to be provided to 78th - Street from
the proposed subdivision.
Recommendation: Staff believes that the proposed road alignment is
desirable in that (1) it takes full advantage of the topography of the
site, (2) provides two adequate means of access to the subdivision and
(3) separates the single family subdivision from a potential multiple
residence development to the south which would be served by 78th Street.
Staff also believes that the proposed arrangement of the lots respects the
topography and vegetation of the site, particularly in the southwestern
section of the subject property.
Dewey Hill 2nd Addition
Staff Report
Page 2
March 29, 1978
Due to the timing of the hearing on Delaney Blvd., staff believes
that it would be somewhat premature to recommend formal plat approval.
However, staff would "encourage the Commission to grant a "concept"
approval for the subdivision which could be transmitted to Council on
April 3, 1978, and which could have a bearing on the resolution of the
Delaney Blvd. question. In the event that Delaney Blvd. is authorized,
staff would recommend that the proponent return to the Commission for
plat.approval. Such a plat should be modified as follows:
GH: ks
3/23/78
1. Outlot A should be placed at the southern edge of
Lot 16, Block 1, rather than at the northern edge
of Lot 1, Block 2.
2. the proposed roadway in the northwestern section of
the subdivision should be modified to increase the
radius of curvature.
3. the proposed roadway should be moved northerly at the
point where it intersects Braemar Hills 9th Addition
in order to provide a more suitable lot arrangement in
that subdivision.
4. the property south of the subject property (i.e. the
remainder of Tract D) in control of the proponent
should be included in the proposed subdivision and identified
as an outlot. In addition, the easterly one -half of Shaughnessy
Road (which is presently a half street) should be dedicated
at that time.
'DT?QnT TTTTOT%T
WHEREAS, the following described tracts of land are now separate parcels:
Lot 1, Block 2, Parkwood Knolls 17th Addition; and
Lot 2, Block 2, Parkwood Knolls 17th Addition; and
WHEREAS, the owners of the above tracts of land desire to combine said tracts
into the following described new and separate parcels (herein described as
"Parcels "):
Lot 1, and the Easterly 18 feet of Lot 2, Block 2, Parkwood Knolls 17th
Addition; and
Lot 2, Block 2, Parkwood Knolls 17th Addition, except the Easterly 18
feet thereof; and
WHEREAS, it has been determined that compliance with the Subdivision and Zon-
ing Regulations of the City of Edina will create an unnecessary hardship and
said Parcels as separate tracts of land do not interfere with the purposes of
the Subdivision and Zoning Regulations as contained in the City of Edina
Ordinance Nos. 801 and 811;
NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina
that the conveyance and ownership of said Parcels as separate tracts of land
is hereby approved and the requirements and provisions of Ordinance No. 801 and
Ordinance No. 811 are hereby waived to allow said division and conveyance
thereof as separate tracts of land but are not waived for any other purpose or
as to any other provision thereof, and subject, however, to the provision that
no further subdivision be made of said Parcels unless made in compliance with
the pertinent ordinances of the City of Edina or with the prior approval of this
Council as may be provided for by those ordinances.
ADOPTED this 1st day of May, 1978.
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) SS
UITY -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 May 1, 1978, and as recorded R,r
in the Minutes of said regular meeting.
4
V
Applicant :
PETITION FOR LOT DIVISION
Pd C"
Date Az7i
Address-. ��d Uf�'f �U7% �(/�° . ��0 Phone:
(as listed on the warranty deed)
Address:
mss)
(as proposed to be on warranty deed)
Address:
Phone:
Phone:
The original tract of land proposed to be divided is described as follows; ••
The following parcels will be made from the division of the above described tract of
land: .
�O �M� �`i e ��Si�`�ii /sec =� o� 14
Signature of Applicant
00 ,
MUZ
lot division
PAM400D KNOLLS 17th ADDITION
Lots 1 and 2, Block 2
REQUEST NUMBER: LD -78 -2
LOCATION: W. of Londonderry Rd., S. of
Field oay aild L. o uc .
REQUEST: Reali nment of lot line
Immire pira i�tiepartment villa a .of edini
PLANNING COMMISSION
STAFF REPORT
April 26, 1978
LD -78 -2 Lot Division. Lots 1 and 2, Block 2, Parkwood Knolls 17th Addition.
Generally located west of Londonderry Road, south of Field Way
and east of Lincoln Drive.
..Refer to: Attached Graphic.
The proponents are requesting a simple lot division to realign
the lot line between Lots 1 and 2, Block 2, Parkwood Knolls 17th Addition.
Both of these lots are presently developed with single family dwellings.
Staff recommends approval of the lot division in that adequate setbacks
for both dwellings are maintained.
GLH:ks
4/10/78
..E r
PETITION FOR LOT DIVISION
Date
Applicant:
Address: ��d U�j'/7�'7 eve . �D. Phone:
ownerfs) : =a►G �C �' i
(as listed on the warranty deed)
Address: Phones
(as proposed to be on warranty deed)
Address: Phone:
The original tract of land proposed to be divided is described as follows: ••
Ile
� of � � • �• Ply w�� � / . � ��� -��o;���
The following parcels will be made from the division of the above described tract of
land:
lee
le- `�ii / '�f- �� /3 /cam /f Zz
• Signature of Applicant
aiTm -� EGAN.-FIELD NOWAK
7415 WAYZATA 8LVI1 R MINNEAPOLIS, MINNESOTA
ESYA9. 17)1
�o
CERTIFICATE OF SURVEY
For ROBERT G. WOHLRABE
FJZ-L D f WA YZ_A1
IRON _ R-3029 .4 ; /Of't Uf.' /�'ty casemer�f
L -45. F =4/9.2
f o
� Kl
f � f
i
0` /ER14ANC
EUILDINC NO.
660.5
Ln `N
�, .. c N
,M
I: 3
Q
.o h
�1o.0 30.0 N q Scale: 1 = 30'
- DESCRIPTION: Lot 2,
exce pt the easterly 18.00
thereof, Block 2,
PARKWOOD KNOLLS 17TH
ADDITION.
/I faly
We hereby certify that this is a true and correct representation ofa survey of
the boundaries of the land above described and of the location of all buildings,
if any, thereon, and all visible encroachments, if any, from or on said land.
Dated this 4th day. of June -0 1974 EGAN, FIELD 6 NOWAK, INC
urveyo s
File No 55 Book No. 2040 - 18 . by fur -veyo i � � A
i . .. ! i�-_ � , ._ - - rt jet ref ��_ � -
3' 1 S~ t -.4 3- F .4 ',-- S
i
SURVEY FOR: Car I Hanson 1
/ I D WA YEN
�✓ � ` R= 896.98
,
R° 4/9 Z _
o
I �
Ago ` 22.35 _ v
c+ 55,7 1
� DING
N 13.5 BOIL % y
I QC- Scale: 1 ++ = 409
i
/28.0
DESCRIPTION: Lot 1 and the Easterly 18 feet-of Lot 2, Block 2, PARKWOOD
KNOLLS 17TH ADDITION.
We hereby certify that this is a true and correct'represent6Vion of a survey of
the boundaries of the land above.described and of the location of all buildings,
if any, thereon, and all visible encroachments, if "any, from or on said land.
Dated this 28th day of June, 1973. EGAN, FIELD b NOWAK, INC.
veyors
by
Fi1P Na_ 5500 Book No. 1992 -34 2000 -2 -
� ,S. L (M I -4 4 Vvkl��
0
cr
J
Q
BLVD o 813CkyNE BLVD 3)
F °�J u
u
i n BLV
z
aL'N�..T ,
lot rllvjsvr�n
PARK400D KNOLLS 17th ADDITION
Lots 1 and 2, Block 2
REQUEST NUMBER: LD -78 -2
LOCATION: 14. of Londonderry Rd., S. of
Field ay and E. 01 Lilmoln .
REQUEST: Realignment of lot line
\ C .
. . .
villnae
of �clitiH
vianxuiu dcnsartm nt
PLANNING COMMISSION
STAFF REPORT
April 26, 1978
LD -178 -2 Lot Division. Lots land 2, Block 2,.Parkwood Knolls 17th Addition.
Generally located west of Londonderry Road, south of Field Way
and east of Lincoln Drive.
.Refer to: Attached Graphic.
The proponents are requesting a simple lot division to realign
the lot line between Lots 1 and 2, Block 2, Parkwood Knolls 17th Addition.
Both of these lots are presently developed with single family dwellings.
Staff recommends approval of the lot division in that adequate setbacks
for both dwellings are maintained.
GLH:ks
4/10/78
Applicant: C
Address: .�6362 �/s'r�G� �liG . �D. Phone:
ownerfs —
(as listed on the warranty deed)
Address: Phone:
(as proposed to be on warranty deed)
Address: Phone:
The original tract of land proposed to be divided is described as follows:
The following parcels will be made from the division of the above described tract of
land:
V Xio r�
a �
Signature of Applicant
EGANv C b D & r O WA K
7415 WAYZATA BLVD.
MINNEAPOLIS, MINNESOTA
For ROBERT G. WOHLRABE
FJ -Z D WA YEAl
/o r"t
/'t t=asemP�f
/RoN - - RL-4.S. 4S - _ i R =4/9.2
� o �
82,Q — - - -- 0 -
EvILI)INC N0. 66p5
Ln
bo \
N
Nf
31'a
30.0 fib. Scale: 1" = 301
DESCRIPTION: Lot 2,
except the easterly. 18.00
-;- thereof, Block 2,
. PARKWOOD KNOLLS 17TH
ADDITION.
r
18,10
hfalY
We hereby certify that this is a true and correct representation of a survey of
the boundaries of the land above described and of the location ofall buildin94
if any, thereon, and all.visible encroachments, if any, from or on said land.
Dated this 4th day of June ,1974 EGAN, FIELD & NOWAK,INC
urveyo js
F i i e N o 55 a oo k N o. 2040 - 18 b y :U�.��
EGAN, FIELD & NOWAK
.
Jet -
SURVEY FOR: Carl Hanson
FJ L D
WAYEN
R= 896.98 _
/RON
• 13.11' � �.- 1 � ^
/80 - ; 22.35 N �h
c: 55.7 1
BUILDING 1 (0 4 '
h
Ri 16.sa N J b M
' O
mot/
. Sao l
DESCRIPTION: Lot 1 and the Easterly 18 feet-of Lot 2, Block 2, PARKWOOD
KNOLLS 17TH ADDITION.
We hereby certify that this is a true and correct °representefion of a survey of
the boundaries of the land above.described and of the location of all buildings,,?
if any, thereon, and all visible-encroachments, if"any, from or on said land. I
Dated this 28th day of June, 1973. EGAN, FIELD & NOWAK, INC.
Surveyors .
by
Pilo- No- 5900 Book No. 1992 -34 2000
'PVQnT 7TTT()N
WHEREAS, the following described property is at present a single tract of land:
Lot 23, Block 1, Oscar Roberts First Addition; and
WHEREAS, the owners of the above tract of land desire to subdivide said tract
into the following described new and separate parcels (herein called "Parcels"):
The South one -half of Lot 23, Block 1, Oscar Roberts First Addition; and
Lot.-,23, Block 1, Oscar Roberts First Addition except the South one -half
thereof; and
WHEREAS, the requested subdivision is authorized under Ordinance No. 801 and it
has been determined that compliance with the Subdivision and Zoning Regulations
of the City of Edina will create an unnecessary hardship and said Parcels as
separate tracts of land do not interfere with the purpose of the Subdivision
and Zoning Regulations as contained in the City of Edina Ordinance Nos. 801 and
811;
NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina
that the conveyance and ownership of the second above described Parcels as
separate tracts of land is hereby approved and the requirements and provisions
of Ordinance Nos. 811 and 801 are hereby waived to allow said division and
conveyance thereof as separate tracts of land, but only to the extent permitted
under Ordinance No. 801 and Ordinance No. 811, and subject to the limitations
set out in Ordinance No. 811 and said Ordinances are not waived for any other
purpose or as to any other provisions thereof, and further subject, however,
to the provision that no further subdivision be made of said Parcels unless
made in compliance with the pertinent ordinances of the City of Edina or with
the prior approval of this Council as may be provided for by those ordinances.
ADOPTED this 1st day of May, 1978.
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 May 1, 1978, and as
recorded in the minutes of said regular meeting.
WITNESS my hand and seal of said City this 2nd day of May, 1978.
City Clerk
• � I�rli
li
LJt
PETITION FOR LOT DIVISION
Applicant:
Address: /J /� / J %L� C , <2 c c� _ Phone: , -,:?'/ - /,TJ-
Owner (s)
(as listed on the warranty deed)
Address: Phone:
Buyer (s)
(as proposed to be on warranty deed)
Address:
Phone:
The original tract of land proposed to be divided is described as follows:
7`
The following parcels will be made from the division of the above described tract of
land:
>ignature of Applicant
LOCA THON MAP
Y
/lid
.• • ' H J
a CORNELiq .'"
. ELEN. SC H..&
u ........ ..
V O K�I�s T•`N N NAZFIT
PARK N J I SIT 4I.OAN
W _ cHURc
JYR
L or
jj
Or�� vE a v v
I r Ei
w. Z
I I I I ' :�: `r
I I , 1
AVE `
'.I
iu,,fm aivislon
OSCAR ROBERTS lst ADDITION
Lot 23, Block 1
REQUEST NUMBER: LD -78 -1
LOCATION: S. of 72nd, E of Oaklawn, W of
France and N of Parklawn
REQUEST: Division along; party wall
village ;21anniag dcQNrtmcnt villege of edinA
PLANNING COMMISSION
STAFF REPORT
April 26, 1978
LD -78 -1 Lot Division. Lot 23 „ Block 1, Oscar Roberts 1st Addition.
Generally located south of 72nd Street, east of Oaklawn,
west of France and north of Parklawn.
Refer to: Attached graphic
The proponent is requesting a.lot division along the
party wall of an existing two family dwelling located at
7305 and 7307 Glouchester Avenue. Staff recommends approval
of the requested lot division.
GLH:ks
The original tract of land proposed to be divided is described as follows:
The following parcels will be made from the division of the above described tract of
land:
_ignature of Applicant
PETITION FOR LOT DIVISION
,
Date
Applicant:
Address:
9 G'�' /�
/J � �; 2 c�
Phone:
If J�
Owner(s):
(as listed on the warranty deed)
Address:
Phone:
Buyer (s)
(as proposed to be on warranty deed)
Address:
Phone:
The original tract of land proposed to be divided is described as follows:
The following parcels will be made from the division of the above described tract of
land:
_ignature of Applicant
CARDARELLE L' ASSOCIATES, INC. LAND SURVEYORS
-6440 FLYING CLOUD DRIVE 941.3030 EDEN PRAIRIE, M.INN. 55312
CE a d iCATP" 0a -S " Lt. YI My. �!
Survey For: -
E3o'ok
311 47
T ,-a n, e 77
Fran,
I° �� !
1 SO.� I
I
1 hereby certify that this Is o trve and cart'
oct roprozentatlon of a survey of the boonderlsf of—? Ac s • �L O � L o 4 Z 3 1 %)1f• '
Q �5 _t n r �'n�F r >I S F� �3i AJ rb r Ch Nonnepin County, Mineesoto end of the location of all bvild:ngs fhoreon, and all
r_
visible oncroochments, if any, from or on said land. Sorvvyod by are this d CT of Feb 19 T? .
CARDARELLE & ASSOCIATES, INC.
_ to �,, t•s:.;e ,. -... a+r' STATE RE(;. Na 6309 d' I G L %Y
!± IN A 1 656TAv Ki J11017
, & i
T
CORNELIA-
ELF 1A -SCH4.%
.. .........
c�
PARK
tp
I V
jj I I- "1
JCHUFjf;_�
OF ij THE
MASTER.
22
iot a vision
OSCAR ROBERTS lst ADDITION
Lot 23, Block 1
REQUEST NUMBER: .1,D-78-1
LOCATION: S. of 72nd, E of Oaklawn, W of
France and N of Parklawn
REQUEST: Division along party wall
011age IIAanning depmriment villeae of edin
D •
HA ELTq
Y ARK
r��
PLANNING COMMISSION
STAFF REPORT
April 26, 1978
LD -78 -1 Lot Division. Lot 23 „ Block 1, Oscar Roberts 1st Addition.
Generally located south of 72nd Street, east of Oaklawn,
west of France and north of Parklawn.
Refer to: Attached graphic
The proponent is requesting a.lot division along the
party wall of an existing two family dwelling located at
7305 and 7307 Glouchester Avenue. Staff recommends approval
of the requested lot division.
GLH:ks
The original tract of land proposed to be divided is described as follows:
eL-
� � n � ,�. � �[r�C�% � /L / C �5'�it %.� �G' �� /.•' / ;- �il' f � /-J rl �J � / /.-r,y .
The following parcels will be made from the division of the above described tract of
land: '
"13 z e i C,c ,L "17, /�- so C`' spa z •�rl F.1,�.r i,�s`' � /,;,,
:� r � ,� � ��� �C' /, �x �� � � �E „LIIO / C�.S��.'�L �� / <.� .fir i „1J � .� %�.l � �•��
.�ignature of Applicant
PETITION
FOR LOT DIVISION
'
'
Date •7
7
Applicant:
C7
Address: ;?
,� �'� ' /J/� �.f %�� C , 2
E'
Phone:
Owner(s):
(as listed on
the warranty deed)
,
Address:
Phone:
' Buyer (s) :
:.
(as proposed to
be on warranty deed)
Address:
Phone:
The original tract of land proposed to be divided is described as follows:
eL-
� � n � ,�. � �[r�C�% � /L / C �5'�it %.� �G' �� /.•' / ;- �il' f � /-J rl �J � / /.-r,y .
The following parcels will be made from the division of the above described tract of
land: '
"13 z e i C,c ,L "17, /�- so C`' spa z •�rl F.1,�.r i,�s`' � /,;,,
:� r � ,� � ��� �C' /, �x �� � � �E „LIIO / C�.S��.'�L �� / <.� .fir i „1J � .� %�.l � �•��
.�ignature of Applicant
CARDARELLE & ASSOCIATES, INC. LAND SURVEYORS
6440 FLYING CLOUD DRIVE 9111.3030 EDEN PPIAIRIE, L'.I`IN. u3$3
OF SUP&I-XV
Survey For: rj 7 %
Book 7 Page
a
311 �7
\.J V
• i
• lr
r�nn
vJ
1
U
0
iso.v
1
sca
1
1 hereby certify that this Is a frve and corroct representation of a surrey of Ow bOYAdorles of *, ('
Q n r- f�nh ✓r� S FIr-Si �ln -� #� �r L %h _Hennepin County, Minnesota and of the locotioa of all bvildiogs thereon, and all
2 ' '4 F
visible encroachments, it any. from or on said bnd. ivrreyo'd by me This dar ol._�i' • , 19 7.? .
:. CARDARELLE & ASSOCIATES, INC. .
STATE REG. NO. MOR j ! L L %
S
0.23 �
C)
h
\
9.s ' 'L- S.
♦
1,NDwtllrn3
,D Lf
�
�',v n. r r � 4•
1
Q)
Q)
'3-
Q
CIV
r_z
t ^'
�3,.
�.c
1
sca
1
1 hereby certify that this Is a frve and corroct representation of a surrey of Ow bOYAdorles of *, ('
Q n r- f�nh ✓r� S FIr-Si �ln -� #� �r L %h _Hennepin County, Minnesota and of the locotioa of all bvildiogs thereon, and all
2 ' '4 F
visible encroachments, it any. from or on said bnd. ivrreyo'd by me This dar ol._�i' • , 19 7.? .
:. CARDARELLE & ASSOCIATES, INC. .
STATE REG. NO. MOR j ! L L %
■
RESOLUTION
BE IT RESOLVED that the Edina City Council does hereby approve the'`Lcense'Agree --
ment which specifies that the Licensee wishing to use.the Edina Logo pay an initial
license fee of $100.00;.iplus the- firstfiyear.:stfee of '5 %r=of1gross salesl'over�?r
$2' 000; .anddan 1anhual renewal fee -,of: $25 00;.v:plus 5 %- ofrithenanfivalCgross, sales
6ver-$500.00." -'The motion'.alsorstipulatedr £ hat,the City reserve the—tight to
inspect the books of the Licensee if it had reason to question reported sales,
and that the Licensee pay for such costs if the correct amount of sales has not
been reported.
Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg
Nays: None -
Motion carried.
No further business appearing, the Mayor declared the meeting adjourned at 6:15
p.m.
City .Clerk
(:'z TY OF EDMA
4301 W. 50TH STREET
EI3OA, c 1 INE—, SOTA 55424
SO, tembel 27. 1974
'Dear 16 dc'II4:
Ih, en e 1974, G a- -C1.ty lE1Lcti.on will be held on T�ov4mbe�- 4. Will you se):ve as
,an Election .judge at your palling place?
In Ofdc _` to iezve, law requires that; you must +:2"i.'tC.nd a "Voting kL -chine
School". This cl, ss =.-=ill be held at 7:30 p.m; on Tuesday, Oc €ebei 29,, in the
nei..? Goune i l Room on the Nest side of the City Hull, and should last about ane
ha=. those who z7a:7I:^d at the P i=-,�y Eler- t:i.on o e welcome, but not ui�ed.
Lo attend this veer -Angn
Ch Elcction Hay, you muses c-pyear it t-be polls at 6:00 a.m. and remain until
t,h votes are counted in the e•uening -a h6pe'ully wbou: 10.00 p.m. Zo per -
folmi.ng i h-11s t '30bi:i.0 dervicE!, you il be paid X2.25 per hour Eor Eleat;iron
Hay., and also ror the 'Voting Mi chine School.
Please '.ndicaac an -4he � orm below whether oi: not you will be able to ,4T;re
and retu -- n the x=oi�a in the enclosed en4nlopz as soon 'as pos-
lb? e a woux gt :ccMuahzon :�:__? 1 be ,� e 1i ±y e p.re �1 ed by y
is it
Yours ire Ty truly,
�-. ...
cy
Clerk
P. S. N To all P4mary Blec;ian_.aud *es p .R2 re su tschlng our payrall to cox
pu+:.er. 1 i M sorry fo r tho &1 ay in cendsn- oar your checiks. Plea
TiD- Ei3INA C1 *5N OLr' M
c (c,71111ot _ r.. r. c a . Inc e.�'. Z�;�M —y Election on November S.
Check o;'e -
1 (will vo::k)
o::�not ti:o'rk ewiinn the day but tAli go zo my polling p"ltice at ..5.,00 p.m. to
count Ab ex tca Ballots
i s ac Telcphona F0.
1 dd� Gds
Political Foizty
Precinct i'(.,1.
r
e
pay $100 initial fee, plus the first year's fee of 5% of gross sales over
$2,000 and an annual renewal fee of $25.00, plus 5% of annual gross sales over
$500.00.
v_ oe
_
COUNTY-WIDE.
-T'
COMMUNITY HEALTH-
SERVICES -P.- LAN
H ennepin County, MN
SUMMARY: 1978 COUNTY -WIDE COMMUNITY HEALTH SERVICES PLAN
TABLE OF CONTENTS
Page
INTRODUCTION
History. . . . . . . . . . . . . . . . . . . . . . . . . 1
The 1978 County -wide Plan . . . . . . . . . . . . . . . . 1
COUNTY -WIDE COMMMUNITY PLANNING PROCESS 1
COMMUNITY HEALTH SERVICES PROGRAMS
Organization and Program Policies. . . . . . . . . .
. . 2
Distribution of Subsidy Funds. . . . . . . _ . . . .
. . 5
Scope of Services and Allocation
of Subsidy Funds . . . . . . . . . . . . . . . . . .
. . 6
Community Nursing Services . . . . . . . . . . . .
. . 6
Home Health Services . . . . . . . . . . . . . . .
. . 7
Disease Prevention and Control Services . . . . .
. . 7
Health Education Programs . . . . . . . . . . .
. . 8
Environmental Health Services . . . . . . . . . .
. . 9
Emergency Medical Services. . . . . . . . . ... .
. . 10
Community Health Services Planning and
Administration . . . . . . . . . . . . . . . . . .
. . 10
American Indian Special Funds . . . . . . . . . . . .
. . 11
EXHIBITS
1 - Distribution of Community Health Services Subsidy
Funds to Local Governments in Hennepin County. . . . 12
2 - Distribution of Subsidy Funds According to
Services Areas in Hennepin County. . . . . . . . . . 13
APPENDICES
Synopsis of 1978 County -wide. Community Health Services
Plan.......................... 14
Membership List of Boards of Health and Advisory ..
Committees .. . . . . . . . . . . . . . . . . . . . . . . 15 -19
INTRODUCTION
HISTORY
The impetus for an annual Community Health Services Plan is the Community
Health Services Act (Minnesota Statutes 1.45.911- 145.922, 1976). This
Act has enabled. Hennepin County and its municipalities to exercise authority
for planning and coordinating the provision of public health services to
County citizens. It also has made annual subsidy funds available for providing
services, such as community nursing services, home health services, disease
prevention and control services, environmental health services, emergency
medical services and health education programs.
The Hennepin County Board of Commissioners, exercising the authority in
Minnesota Statutes 145.913, Subd. 1(b), formed themselves as a County Board
.of Health December 14, 1976. The 1977 County -wide Community Health Services
Plan, approved by the County Board of Commissioners and the Minnesota State
Board of Health, distributed $2,018,841 of annual subsidy funds to the Cities
of Bloomington, Edina, Minneapolis, Richfield and St. Louis Park, and to
Hennepin County Government on behalf of the other 41 municipalities.
THE 1978 COUNTY -WIDE PLAN
The 1978 County -wide Community Health Services Plan integrates the plans of
five municipalities qualifying for a direct or proportionately - reduced share of
State subsidy funds and the plan of Hennepin County Government on behalf of the
other 41 municipalities. The Plan, approved by the Hennepin County Board of
Commissioners on October 4., 1977,. and the Commissioner of Health, Minnesota
Department of Health, on November .23, 1977, also allocates $2,018,841 of. annual
subsidy funds for the provision of eligible services.
COUNTY -WIDE COMMUNITY PLANNING PROCESS
This County -wide Plan, developed over a four -month period, represents
participation by municipal and County advisory committees. Each direct
share municipality had responsibility for conducting their community participation
process
The Hennepin County Office of Planning and Development (OPD) provided staff
assistance to the Interim Community Health Services Advisory Committee and
coordinated the County -wide planning process. Key features of the process
-1
included: notification of municipalities and community agencies regarding
availability of subsidy funds in 1978, preparation and distribution of
guidelines for. program proposals, development of criteria for proposal review
and recommendations, and preparation of evaluation reports from five program
panels.
The Office of Planning and Develop,^tir,t also developed and administered a
questionnaire to 157 prospective jurors of Hennepin County District Court
as a means of obtaining citizen input independent of either professional or
special ,interest group concerns. The questionnaire. focused on health education,
environmental health services, and emergency medical services.
To comply with Minnesota Department of Health rules, the County Board of
Commissioners, in cooperation with the direct-share municipalities, sponsored
public meetings in four geographic areas of the County August 23 and 24, 1977.
The purpose of these formal meetings was to receive citizen comments on the
Preliminary Plan.
COMMUNITY HEALTH SERVICES PROGRAMS
ORCANIZATION AND PROGRAM POLICIES
County Board of Health
The County -wide Community Health Services Plan establishes the responsibilities
of the County Board of Health and municipal boards of health. Some respon-
sibilities are mandated pursuant to the Community Health Services Act;
others have been initiated by the County Board of Health. The County
Board of Health has the following responsibilities:
1) Receive a single appropriation from the Minnesota Department
of Health for which the County acts as the pass - through agent
for those municipalities receiving a direct share of the
subsidy funds.
2) Plan, evaluate and coordinate the provision of services
identified in the Plan.
3) Review and approve,the plans of municipal boards of health.
4) Set standards, where appropriate, for services funded by the
Plan.
-2-
S
Municipal Boards of Health
Municipal boards of health have the following responsibilities:
1) Plan, evaluate and coordinate the provision of services
identified in their plan.
2) Develop a plan for review and approval by the County Board
and Minnesota Department of Health.
Organizational Considerations for a County -wide System
The 1978 County -wide Community Health Services Plan sets forth these
considerations for determining organizational goals for community health
services in Hennepin County:
1) Certain basic public health services should be available
to all citizens, regardless of municipal preference.
2) In order to be responsive to local problems, services /programs
should be provided at the lowest level of government feasible,
unless there are compelling reasons why the quality or
appropriateness of services, either individually or considered
within an overall health system context, would be superior
if provided at a higher level of government.
3) When the health problems to be addressed extend beyond the
boundaries of a single municipality or group of municipalities,
the system for services /programs should be planned and coordinated
at the County level.
4) Municipalities should have the option of providing services at
their own expense; however, citizens of municipalities should
not be taxed twice for the same service or level of service.
Service Goals
The 1978 County -wide Plan establishes the following services goals:
1) Increase the subsidy support for providing venereal disease
diagnosis and treatment services and family planning services
at community clinics.
2) Establish a County -wide immunization program to include:
-- centralized distribution of vaccine
-- ongoing disease surveillance and monitoring of immunization
levels
-- ongoing and special purpose immunization programs
-3-
-- capability for responding to disease outbreaks and conducting programs
-- health education
3) Increase the availability of health promotion services and community
nursing services, as appropriate, to west and northwest County area residents.
4) Continue to develop municipal -based environmental health services in the
west and northwest County areas.
5) Improve the criteria, measures and procedures for evaluation of all
community health programs.
Program Policies
The County -viide Community Health Services Plan establishes, program policies for
public health nursing services and environmental health services. The County
Board, through the 1978 Plan, recognizes the statutory authority for allowing
any city to form a local board of health for the provision of municipal -based
public health nursing and environmental health services. The Plan also sets. forth
the criteria for approving city requests.
® Public Health Nursing Services: Suburban Public Health Nursing Service
SPHNS lost its current statutory authority December 14,. 1977, (the
Community Health Services Act transfers all existing statutory authority
of boards, conuni ttees and con, ��issions to the Hennepin County Board of Health
one year following its formation). A special public health nursing services
study examined the issues and alternatives surrounding the best organizational
structure for these services. A broad range of alternatives was discussed,
including a single County agency, a non- profit association and a joint
powers organization. The Interim Community Health Services Advisory
Committee recommends the following organizational structure:
Create a new joint powers organization for governing and providing
public health nursing services in the suburban area. Membership
in the organization would be open to direct share and non- direct
share municipalities. To ensure a smooth transition, Suburban
Public Health Nursing Services would be requested to incorporate
as a non - profit association.
The Advisory Committee recommends the following municipal tax contribution:
That the municipal tax contribution to the organization be $.50
per capita to enable a broad range and basic level of public health
nursing services to be available to residents of the geographic area.
Concerning the relationship with private providers of nursing services,
the following criteria will be used by public agencies for receiving
and evaluating proposals from private providers:
1. Dermnstrate that various kinds of nursing services would
be provided as cost - effectively as public agencies.
2. Evidence of the capability to identify and serve medically
indigent populations.
-4-
3. Evidence of the proper staff ratio of licensed public
health nurses, registered and practical nurses, and other
nursing specialities, consistent with the services needs
and priorities of the population groups.
4. Evidence that the overall delivery system would not be
fragmented by increasing the number of nursing vendors
and that the overall quality and efficiency of services
by the public nursing agencies would not be reduced.
® Environmental Health Services: Start -up subsidy funds have been
set aside in the 1977 County -wide Community Health Services Plan
for the development of environmental health services in those
municipalities without formal programs (west and northwest areas).
To clarify the policies and timetables for assuring the availability
of basic environmental health services on a County -wide basis, these
policies and procedures are recommended:
1. By July 1, 1978, municipalities must notify the
Hennepin County Board of Commissioners of their
intent to provide services, singly or in combination
with other.municipalities, or relinquish their
authorities to the County Board of Health.
2. Municipalities must have the capability for providing these
services by no later than January 1, 1979.
3. The Hennepin County Board of Commissioners should
make arrangements for providing environmental health
services in those municipalities without local services.
The process for determining the most suitable method
of delivering services should include consideration of
the following:
0 service could be provided through contractual
agreement with another municipality or group
of-municipalities.
0 services could be provided directly by Hennepin
County Government.
4. The per capita method should be established for
distribution of subsidy funds for environmental
health services in 1978.
DISTRIBUTION OF SUBSIDY FUNDS
Exhibit 1 shows the distribution of the $2,018,841 of annual subsidy funds
to local governments: Bloomington, Edina, Minneapolis, Richfield,
St. Louis Park and Hennepin County Government. Hennepin County Government
distributes its funds to the other 41 municipalities (municipal programs)
and for programs serving a County -wide population.
-5-
SCOPE OF SERVICES AND ALLOCATION OF SUBSIDY FUNDS
The common threads among all programs in the County -wide Plan are to prevent
the occurrence of disease, illness, disability, or premature death; to detect
at early stages potential or existing health problems; and to extend health.
services into the community. Many community health services will be avail-
able on a County -wide basis through municipalities and other community health
agencies. Other services will only be available in certain geographic loca-
tions. An overview of the kinds of services, the geographic location, and
the municipalities and community health agencies which will provide these
services follows. Exhibit 2 displays all services in the County -wide Plan
and the allocation of subsidy funds by program areas.
Community Nursing Services
Community nursing services offer a variety of services which emphasize
family- centered nursing, disease prevention and control through education
and counseling, case - finding, follow -up and referral. Included are health
promotion services in the home, school - health services and counseling, and
health consultation to selected day care centers.
urnn.MrunTnu
School Support
Health Promotion and Counseling
EDINA
School Health
Counseling
Health Promotion Home Visits
MTNNF'A POT. T.S
Health Promotion
Day Care Center Health Consultation Program
RICHFIELD
School Support
Health Promotion and Counseling
ST. LOUIS PARK
Health Promotion Home Visits
Group Health Promotion
-6-
$ 5,015
28,829
33,844
$ 2,365
3,545
9,732
15,642
$230,510
46,223
276,733
$ 4,500
6,677
11,177
$12,497
16,972
29,469
HENNEPIN COUNTY GOVERNMENT (MUNICIPAL PROGRAM)
Health Promotion
GRAND TOTAL
Home Health Services
$ 84,709
$451.,574
Home health services to ill and older persons -- provided by public
health nurses, registered nurses, licensed practical nurses and home
health aides -- includes skilled nursing care, health teaching and
counseling and in -home aide services.
Home Nursing $ 21,929
EDINA
Home Nursing $ 19,759
Home Health Services $ 24,000
RICHFIELD
Home Nursing $ 9,636
ST. LOUIS PARK
Home Health Care Visits $ 10,400
Therapeutic Support Services 5,131
Health Care Aide Services 4,294
19,825
HENNEPIN COUNTY GOVERNMENT (MUNICIPAL PROGRAM)
Home Health Services $ 70,791
GRAND TOTAL $165,940
Disease Prevention and Control Services
Disease prevention and control services include activities relating
to prevention of communicable disease through education, immunization,
case - finding, referral and follow -up. Immunization clinic services,
venereal disease diagnosis and treatment services -and well - child,, adult
and senior citizen health clinics will be provided. This Plan includes
family planning services in this program category..
-7-
BLOOMINGTON
Adult Health
Senior Center Health
Children's Health
EDINA
Adult Health
Children's Health
Senior Center Health
MTNNF.AAnT.T.S
Maternity, Family Planning, Child Health Services
(Minneapolis Health Department)
Acute Communicable Disease (Minneapolis Health
Department)
Venereal Disease Services
Community- University Health Care Clinic
Immunization Services (Minneapolis Health Department)
Coordinated Health Problem Identification and
Follow -up (Minneapolis Public Schools)
Family Planning (Teenage Medical Services)
RICHFIELD
Adult Health
Children's Health
Senior Center Health
HENNEPIN COUNTY GOVERNMENT (COUNTY -WIDE PROGRAMS)
Provision of Vaccine.
Venereal Disease Diagnosis and Treatment
Family Planning Services
GRAND TOTAL
Health Education Programs
$ 10,037
12,746
12,858
35,641
$ 8,262
7,672
5,314
21,248
$252,019
24,850
7,000
35,789
36,520
47,775
26,500
430,453
$ 6,801
6,800
6,800
20,401
$ 4,000
39,693
52,97.5
96,668
$604,411
Health education programs emphasize individual responsibility for
health behavior and lifestyle through a variety of programs.
EDINA
Public Information and Education $ 2,351
MINNEAPOLIS
Health Education (contracted programs) $208,500
HENNEPIN COUNTY GOVERNMENT (MUNICIPAL PROGRAM)
Health Education (contracted programs) $ 42,951
HENNEPIN COUNTY GOVERNMENT (COUNTY -WIDE PROGRAMS)
School Dental Health Education $ 49,000
Community Health Education Planning and Development 29,389
8,389
GRAND TOTAL $332,191
Environmental Health Services
Environmental health services are those services designed to achieve an
environment conducive to man's health, comfort, safety, and well- being.
These services include food protection, hazardous substances and product
safety, water supply sanitation, septic tank and soil absorption type
sewage disposal, water pollution control, noise pollution control, air
pollution control, institutional sanitation, recreational sanitation,
including swimming pool sanitation and safety, housing code enforcement
for health and safety purposes, and general nuisance control.
RTl)nMTNrT('W
Housing Inspection
Food Service Inspection
Community Sanitation
Environmental Pollution Control
Environmental Health Administration
EDINA
Food Service Inspection /Housing Maintenance/
Community Sanitation /Environmental
Pollution Control /Public Health Laboratory
a
$ 6,009
25,766
4,164
19,041
11,844
66,824
$ 4,000
• ♦T.f •.TaTl1T T[�
Institutional Sanitation $ 27,330
Housing and Hygiene Services 24,560
51,890
RICHFIELD
Community Sanitation $ 4,377
Food Service Inspection 4,435
Housing Maintenance 3,053
Environmental Pollution Control 2,675
14,540
ST. LOUIS PARK
Food Service Inspection /Housing Maintenance/
Community Sanitation /Environmental
Pollution Control /Public Health Laboratory $ 19,000
HENNEPIN COUNTY GOVERNMENT (MUNICIPAL PROGRAMS
New Program Development $ 95,624
Existing Municipal Programs 34,813
130,437
HENNEPIN COUNTY GOVERNMENT (COUNTY -WIDE PROGRAM)
Environmental Health Services Planning and
Development $ 31,657
GRAND TOTAL $318,348
Emergency Medical Services
Emergency medical services provide rapid and effective medical treatment
for persons beset by life threatening situations.at the scene of the
emergency, enroute to a treatment center and in the emergency department
of that treatment center.
EDINA
Public Safety Program
GRAND TOTAL
-10-
$ 16,258
$ 16,258
Community Health Services Planning and Administration
Community health services planning and administration includes the
preparation of the annual plan, the development and administration of
contracts, evaluation of programs and development of new programs.
MTTIMPADn T_TC
Administration (Community Health Services Programs) $ 511785
ST. LOUIS PARK
Administration (Community Health Services Programs) $ 12,000
HENNEPIN COUNTY GOVERNMENT (COUNTY -WIDE PROGRAMS)
Community Health Services Planning and
Administration $ 66,334
GRAND TOTAL $130,119
AMERICAN INDIAN SPECIAL FUNDS
The County -wide Plan includes an 18 -month application for American
Indian Special funds to be awarded to three agencies providing
services to American Indians without a county of residence. These
agencies were selected after proposals from community agencies were
requested and a review process conducted. Hennepin County is eligible
for $104,700 for the pariod January 1, 1978, through June 30, 1979.
These special funds will be distributed as follows:
Community University Health Care Center $ 24,990
Hennepin County Family Practice Clinic $ 16,380'
Indian Health Board Clinic $ 63,330
TOTAL .$104,700
11
EXHIBIT 1: DISTRIBUTION OF COMMUNITY HEALTH SERVICES
SUBSIDY FUNDS TO LOCAL GOVERNMENTS IN HENNEPIN COUNTY
Coun
$273,048
1
HENNEPIN COUNTY
GOVEMIENT
Municipal Programs
$328,888
16
Richfield ti' 2.8%
$55,754
Edina
$79,258
Programs
13.5
J p0
0
:. 00:
00 0 r.
0 0�
o0 0:
0o0 00.
X-00 00 00 :
3.9% 0 0 0 0.
00 Oo0 :.
.c�o coo , .
00000 0OC�•
0p^ c0`
0 o t
0c 4.0% 00:
0
-U()-'
0
000'..
St. Louis Park
$80,294
Bloomington
$158,238
—12—
e e • • •
• • o o s •
• ° • • • • • . Minneapolis
• • e s e e • • o • • $1,043,361
• • • • e • e e • • s
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• • v • • • o o e ****see
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• o • • • • o e eee0v °e0o•••e•eoo
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• • • o e s • • • o • • • 466000 •
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s o • e • s • • e0e0.0e0o0.0.0 -• • •
• e v••• e• 0• o o• e o 51.7 %0
• o s • • • • • • • • • ° o • •
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Ooe•o00e •••0•°0.0•°060000.0 000. 0• e•• o•
• O • O • e •••0••0000. 000. 0. 0. 00.0. 0•
000 °•6• °•0.0.0.06.6. O • • • e 0 • O
• • O • • • • • 00.0•• • O O O • +
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e • • • o • o • • e • e •• 00• 0.e 0.v 0eo •o °.
•
o • • • • • • o • • e • • • o • o • • • • o s
• • • • o • o o e • • • • o • e • o e r
'a • • • • s • • • o • o • o • • o •
,e • • • 0 0 0 • o • • o o • o • • •
• • • • • e s s o • • • • e 0,000
°•°° °••000••000•• • • • • • O •
• 0 • O • • 0
000e0.0o so* o0e . 0 . 0 0 • ° .
0000 • • • e
e O • v • . . . • . o
O . . . • O O 0 . • 00°000°
• e • s • o s • • • e • o •
e e s • • • • e • e • o •
o s • • s • • v • • •
• • • o • • • o
s• o e• e o
• e o • s
EXHIBIT 2
DISTRIBUTION OF SUBSIDY FUNDS
ACCORDING TO SERVICES AREAS IN HENNEPIN COUNTY
.5%
KEY
1. Community Nursing Services . . . . . . . .
2. Home Health Services . . . . . . . . . . . . .
3. Disease Prevention & Control Services
4. Health Education.Services . . . . . . . . . .
5. Environmental Health Services . . . . . . . .
6. Emergency Medical Services . . . . . . . . .
7. Planning & Administration . . . . . . . . . .
TOTAL
-13-
8.20
$ 451,574
22.4%
$ 165,940
8.2%
$ 604,411
29.9%
$ 332,191
16.5%
$ 318,348
15.8%
$ 16,258
0.80
$ 130,119
6.4%
$2,.018,841
100.0%
APPENDICES
SYNOPSIS OF 1978 COUNTY -WIDE COMMUNITY HEALTH SERVICES PLAN
The 1978 County -wide Community Health Services Plan is available for
review at the administrative office of the Cities of Bloomington, Edina,
Minneapolis, Richfield and St. Louis Park; the County Board of Commissioners'
office and the Office of Planning and Development in the Hennepin County
Government Center; the Minneapolis Public Library; and the Rockford
County Library. A summary of the Plan organization and content follows:
PREFACE: List of Public Health Services Which Are Appropriate
For Government Involvement
SECTION I: Summary: 1978 County -wide Community Health Services
Plan (this document)
SECTION II: Identifications and Authorizations
SECTION III: Community Participation: This section presents five
features of the County -wide planning process for Plan
development, and references the 1977 County -wide Plan
for the description of health problems, priorities and
major existing resources.
SECTION IV: Community Health Services Organization and Programs
Part A: County -wide Organizational Perspectives -
The responsibilities of the County Board of Health and
municipal boards of health are outlined. The
considerations for establishing goals for the develop-
ment of a County -wide community health services system
are presented. Services goals for 1978 are identified.
Program policies for public health nursing services and
environmental health services are detailed. The 1977-
1978 planning and development studies are described.
Part B: Hennepin County Government Programs - The
programs for 1978 subsidy funding are described.
Part C: Municipal Programs - The programs for 1978
subsidy funding of municipalities qualifying for a
direct or proportionately - reduced share (Bloomington,
Edina, Minneapolis, Richfield and St. Louis Park) are
described.
-14-
HENNEPIN COUNTY GOVERNMENT
HENNEPIN COUNTY BOARD OF COMMISSIONERS /BOARD OF HEALTH
John E. Derus, Chairman (District 4)
Richard Kremer (District 3)
Nancy Olkon (District 7)
E.. F. Robb, Jr. (District 5)
Sam Sivan`ich (District 6)
Jeff Spartz (District 1)
Thomas Ticen (District 2)
INTERIM COMMUNITY HEALTH SERVICES ADVISORY COMMITTEE
Ellen Alkon, M.D. (Health Provider)*
Arnold Anderson, M.D. (Health Provider)
Barbara Dols (Conswner)
Tracy Whitehead (Conswner)
Jack Irving (Local Government Official)
Charlee Hoyt (Local Government Official)
Harlyn Larson, Chairman (Local Government OfficiaZ)
John Pidgeon (Local Government Official)
Vacancy (Local Government OfficiaZ) .
*Dr.. Alkon is currently serving in a dual capacity as health provider and
local government official.
-15-
CITY OF BLOOMINGTON
1977 CITY COUNCIL /BOARD OF HEALTH
James H. Lindau, Mayor
William V. Belanger, Jr.
Robert W. Darr
Adr_i.an_E.._Her_bst
Mark Mahon
John E. Malone
James E. O'Neil
Thomas P. Spies
1977 ADVISORY BOARD OF HEALTH
Robert C. Barron, Ph.D.
Ann Connor, R.Ph.
Ellen Dennis, R.N.
Kathryn Dewey, R.N.
Arthur K. Larson, M.D.
J. Lee, M.D.
James Libby, DVM
Charles D. Officer, M.D.
Nat Wisser
L. D. Vanderhoef, D.D.S.
Local Government Official
Robert W. Darr, City Council
-16-
Consumers
Donna Adams
Donna Anderson
Dorothy Backstrom
Michael Brucciani
Pat Heimkes
Helen Hoagland
Patti Jacobs (Youth)
Rev. Craig Nelson
Pat Reichert
George Ryan
1977 CITY COUNCIL /BOARD OF HEALTH
James Van Valkenburg, Mayor
C. Wayne Courtney, Councilman
Fred Richards, Councilman
June Schmidt, Councilwoman
Willis F. Shaw, Councilman
1977 ADVISORY BOARD OF HEALTH
Providers
Mary Bang, R.N.
Dr. James Cardle
Dr. E. Duane Engstrom
Dr. Walter E. Krafft
Dr. C. V. Rockwell
Dr. Richard K. Simmons
Ex- Officio, Von- Voting Members
June Schmidt, City Council
Kenneth Esse
Tully Stopped
CITY OF EDINA
-17-
Cons carers
Linda A. Bjerke
Beverly Harris
Verne W. Moss, Jr., Attorney
Barbara Kresoya
Leroy Werges
CITY OF MINNEAPOLIS
1977 CITY COUNCIL /BOARD OF HEALTH
Walter Dziedzic
Thomas L. Johnson
Richard R. Miller
Alice W. Rainville
Louis G. DeMars
Keith J. Ford
Walter H. Rockenstein II
1977 PUBLIC HEALTH ADVISORY COMMITTEE
Consumers
Mrs. Ann Solensky
Mrs. Carolyn Clemmons
Mr. Henry Baur
Mrs. Shirley Perkins
Ms. Katy Goodell
Mr. Kenneth Stomski
Mr. Harry Rosenthal
Mrs. Dorothy Pitheon
Ms. Barbara L. Mattson
Mrs. Frances Lynch
Mrs. Barbara Dols
Earl T. Netwal, Jr.
Lee W. Munnich, Jr.
Thomas Ogdahl
Zollie Green
Dennis W. Schulstad
Charlee Hoyt
Providers
Max A. Boller, M.D.
Roger J. Fredsall, D.D.S.
John C. Cushing
Mrs. Norma Prosni ck, R.N.
James B. Kenney, Ph.D.
Ms. Jane Phillips, R.N.
Ms. K. C. Spensley
Professor Richard G. Bond
(Vacancies in Fifth and Eleventh ward representation as of August 23, 1977.)
CITY OF RICHFIELD
1977 CITY COUNCIL /BOARD OF HEALTH
Loren L. Law, Mayor
A. P. Anderson
Eugene E. Jacobsen
Ivan Ludeman
Vern Luettinger
1977 ADVISORY BOARD OF HEALTH
A. P. Anderson ( LocaZ OfficiaZ)
Dr. W. H. Bittick (Provider)
Mrs. Kathryn Dahl gren (Provider)
Mr. Robert Lien (Consumer)
Mrs. Mildred Stake (Consumer)
Mrs. Roger Stern (Provider)
Ms. Joyce Wilde (Local Official)
Mr. William Si emers (Consumer)
Mr. Ray Swanson (Consumer)
CITY OF ST. LOUIS PARK
1977 CITY COUNCIL /BOARD OF HEALTH
Irving M. Stern, Mayor
Seymour Druskin
Lyle Hanks
Keith J. Meland
Rose -Mary Griak
Ronald Backes
Leonard J. Thiel
-19-
1977 ADVISORY BOARD OF HEALTH
Dale Anderson, M.D. (Licensed Provider)
Gerald Dokka (Unlicensed Provider)
Sandra Dratler ( UnZicensed Provider)
Sharon Fingerhut (Consumer)
Marion Hume (Consumer)
Sue Larson (Consumer)
Bonnie Marsh (Licensed Provider)
Margaret Sandberg ( UnZicensed Provider)
Norman Sterri e, M.D. (Licensed Provider)
1U'
z�
5/1/78 RECEIVED
JUN 15 1978
R -2 zoning to separate single. family homes from such things as a' railroad track.
He remarked that- the fact that cement had been dumped on the property over the
years would make the property very expensive for R -1 development. Councilman
d h offered Ordinance No. 81.1 -A118 for First Reading as follows:
Richar s t en
ORDINANCE NO. 811 -A118
AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811)
BY REZONI14G PROPERTY FRON R -1 RESIDENTIAL DISTRICT
TO R -2 MULTIPLE RESIDENTIAL DISTRICT
THE CITY COUNCIL OF EDINA, MINNESOTA, ORDAINS:
Section 1. Paragraph 1 of Section 4 of Ordinance No. 811 of the City
is hereby amended by adding the following thereto:
"The extent of the R -2 Multiple Residential District is enlarged by
the addition of the following property:
That part of Lot 32, Warden Acres, lying Easterly of a line drawn
from a point on the North line of said Lot 32, distant 60.00 feet
East of the Northwest corner of said Lot 32, to a point on the
South line of said Lot 32, distant 123.92 feet East of the South-
west corner of said Lot 32; together with that part of Lot 33,
W d A res 1 in West of the Minneapolis Northfield and Southern
ar en c y g
Railroad track right -of -way line ".
Sec. 2. This ordinance shall be in full force and effect upon its pass-
age and publication.
Councilman Richards then moved that the Second Reading of Ordinance No. 811 -A118
be considered at the next meeting. Motion was seconded by Councilman Shaw.
Ayes: Courtney, Richards, Schmidt, Shaw
Nays: None
Motion carried.
SOUTHWEST, SOUTH AND 14EST EDINA PLAN AMENDMENTS CONTINUED. Councilman Richards'
motion was seconded by Councilwoman Schmidt, continuing discussion of the South,
Southwest and West Edina Plan Amendments until July 17, 1978.
Ayes: Courtney, Richards, Schmidt, Shaw
Nays: None
Motion carried.
ORDINANCE NO. 811 -A115 CONTINUED TO JULY 17, 1978. Councilman Richards' motion
was seconded by Councilwoman Schwidt,'continuing Second Reading of Ordinance 1 ?o.
811 -A115 until July 17, 1978.
Ayes: Courtney, Richards, Schmidt, Shaw
Nays: None
Motion carried.
DEWEY HILL 2ND ADDITION GRANTED PRELIMINARY PLAT APPROVAL., Affidavits of Notice
were presented by Clerk, approved as to form and ordered placed on file. Mr.
Hughes presented Dewey Hill 2nd Addition for preliminary plat approval, advising
that this 50 lot single family subdivision is located West of the proposed
Delaney Blvd. and North of W. 78th Street, with lot sizes ranging from 13,500
square feet to 35,400 square feet. Mr. Hughes recalled that this property was
originally planned as a part of Indian Meadows at which time a three story apart-
ment building and town houses were proposed. He pointed out that access to the
site is proposed to come from the East which would intersect with Delaney Blvd.,
wind thru the plat and exit on the West thru an outlot in Braemar 9th Addition.
Mr. Hughes advised that the Community Development and Planning Commission had
recommended approval, subject to the following modifications: 1) that Outlot
A should be placed at the Southern edge of Lot 16, Block 1, rather than at the
Northern edge of Lot 1, Block 2; 2) that the proposed roadway in the North-
western section of the subdivision should be modified to increase the radius
of curvature; 3) that the proposed roadway should be moved Northerly at the
point where.it intersects Braemar Hills 9th Addition in order to provide a more
suitable lot arrangement in that subdivision; and 4) that the property South
of the subject property (i.e. the remainder of Tract D) in control of the
proponent should be included in the proposed subdivision and identified as an
outlot. In addition, the Easterly one -half of Shaughnessy Road (which is
presently a half street) should be dedicated at that time. Mr. Peter Jarvis of
Bather, Rita rose & Wolsfeld, Inc., representing the proponent, reviewed- the
site plan. lie ,asked that the Council and the Community Development and Planning
Commiss:iori recop'lli.ze the. dramatic density reduction from the former proposal, so.
that a futttr.e proposal for 125 *150 units oriented around the pond on the South -
cr l y uac-Lil Luti ut: Litu pa :u��i:L Ly" w i_,, i.c)L cciiic as a shock. Mr. !Iughcs coufi rn-d
c,..
that the Plamflii p, Commission's 'feelinf; was that the Council. should look favorably
upon a such a proposal. Councilman Richards was assured by Mr. Jarvis that, in
approvi.np, Lhe proposed plat, the Council would not be doing anything which would
CLILISO or create any flow of traffic from the Southern third of the property to
5/1/78
the Northerly portion of the property. lie was also assured that approval of this
plat would not preclude the possibility of Dewey 1 -fill 2nd Addition contributing
to any cost of Delaney Blvd. which might be assessed. Mr. Hughes advised Council-
man Richards that a per acre park dedication has been established for the entire
site and that, even though the entire property is being platted at this time,
he would recommend that parkland dedication be required at the present time for
1 only the portion actually being developed in single family lots, with the
final. parkland dedication to be m,_ide about two years from now. Councilman Rich-
West ,arils then asked for reassurance rh,it when the property to the is developed,
{ a sufficient right -of -way will be dedicated thr.0 the outlot on the Easterly edge
of Braemar Hills 9th Addition. Mr. .John Buie, representing Edina Development
Associates, said hat no final decision had been made on this matter, but that
LMr.(i - ady said that they should be paid for the outlot. Ile added
that discussions are continuing and that they should reach an agreement. Council- -
man Richards recalled that it was the understanding at the time that Braemar
Hills 9th Addition was approved that the outlot would be dedicated without pay-
ment as is customary. Mr. Lawrence Laukka, developer of Dewey hills 2nd Addition,
said that it had been his understanding that the outlot in Braemar Hills 901
Addition had been established so that the alignment of the road could be deter- uif "�
mined and that it was only two weeks ago that he learned that he was expected to
pay for the lot. Mr. John Vincent, developer of Braemar Hills 9th Addition, said
that the matter shouII.d be resolved Privately. Mayor Pro Teu Courtney confirmed
that it had been the I Council's understanding that when.Braemar Hills 9th Addition
had been approved, it was recognized that I e outlot would-be dedicated for. a. a p
roadway without any '!cost. It was cl''��rified that the only reason that the road Uj
had not been included in the plat,a an accomodation to the landowner because it
had not yet been determined exactly where the road would be located. Councilman
Richards then offered the following resolution and moved its adoption:
RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL
FOR DEWEY HILL 2ND ADDITION
BE IT RESOLVED by the Edina City Council that that certain plat known as Dewey
Hill 2nd Addition, presented at the Edina City Council Meeting of May 1, 1978,
and platted by Lawrence A. Laukka, be and is hereby granted preliminary plat
approval, with the understanding that the road pattern will be subject to recon-
figuration, if, by the time the plat is brought back for final approval, no _
determination has been made on the location of the road an with the further �
understanding that conditions be met as recommended by the Community Development
and Planning Commission as set out previously in these minutes.
Motion for adoption of the resolution was seconded by Councilman Shaw. y
Rollcall:
Ayes: Courtney, Richards, Schmidt, Shaw W°V
Nays: None
Resolution adopted.
Councilman Richards then offered the following resolution and moved its adoption:
RESOLUTION
BE IT RESOLVED that the Edina City Council take appropriate steps to rescind the
prior plat approval granted for Braemar Hills 9th Addition and to take whatever
steps are necessary to• -. the intent oF Council's action approving"' -
Braemar Hills 9th Addition in r ar l�o the Icrue5t,on�� f'',,��ut at Land ti'ia le
City Attorney be authorized to��actio e�fr lis pend�r��" that any buyers of c`
property in Braemar Hills 9th Additi.oni,we4lld be aware tha there is litigation'
on the property; andl _
BE IT FURTHER RESOLVED that this resolution will become ineffective i -the road
dedication is made without cost by the developer of Braemar Hills 9th Addition. -
Motion for adoption of the resolution was seconded by Councilwoman Schmidt.
Rollcall:
Ayes: Courtney, Richards, Schmidt, Shaw
Nays: None rt
Resolution adopted. w.
City Attorney Erickson suggested that his office might also look into other
methods of xar�hliol.ding/cevelopment of Braemar Hills 9th Addition, such as the
issuance of Building permits, division of taxes, special assessments, etc. Council-
man Richards agreed that his motion would not limit the attorney or any of the
staff to--t-a-lo any action deemed necessary.
ID1 1 1.01
Date: April 25, 1978
To: Mayor and Council
From: Kenneth E. Rosland, City Manager
Subject: CETA /PERA
A recent change in CETA regulations prohibits the use of CETA funding to
reimburse an employer for pension costs. The Legislature in the session
that just ended amended the statutes governing PERA to exempt CETA employees
from required membership ".in PERA.
Under the change, the employer and the employee have the option of funding
the employer contributions (5.5% for general and 12% for fire and police).
It is recommended that the City should not contribute the employers share of
any of the general employees but should pay for the three firefighters. The
three firefighters are presently CETA but were also included in the 1978 Budget
as full time employees if CETA regulations changed.;
In order to do so, the City needs to pass a resolution to that effect and
submit it to PERA. It is requested that the Council pass a resolution to
that effect.
I.
RF.gnT.TTTTnw
WHEREAS, the Federal Comprehensive Employment and Training Act no longer will
pay for any pension costs for those on CETA funding; and
WHEREAS, the State Legislature has made participation in the Public Employee
Retirement Association optional for all CETA employees; and
WHEREAS, the City of Edina desires to fund the employer's share for three of
its CETA positions currently utilized in the Fire Department, and
WHEREAS, the Public Employees Retirement Association requires a resolution
indicating such authorization;
NOW, THEREFORE, BE IT RESOLVED that the City of Edina authorizes its officers
to pay the employer's share of pension contributions for three firefighters
to PERA from City funds and that a copy of this resolution be transmitted to
PERA.
M E M O R A N D U M
TO: Ken Rosland -City Manager
The Honorable James VanValkenburg -Mayor
Edina City Council
FROM: Robert Kojetin- Director, Park and Recreation Department
RE: Diseased Shade Trees Subsidy for 1978
1 May 1978
In 1977, 1,541 elms and oaks were removed as a result of the
current Dutch elm disease and oak wilt blights. We expect
a like amount to.be.lost in 1978.
Of this amount, 1,111 were private trees, owned by property
owners in Edina. 430 elms and oaks were owned by the City
of Edina.
We estimate that nearly.$ 150,000 was spent by Edina private
property owners to remove the 1,111 private trees. That's
an average of roughly $ 135 per tree.
In 1977, the City of Edina paid out $ 40,930 in subsidy re-
lief to many homeowners who qualified for this aid.
The City will be reimbursed $ 15,144.10 from the State Shade
Tree Disease Department. This amounts to 37% of the City's
costs. We have had some problems securing this money, but
we soon will have-the dollars in hand.
For 1978, the State Shade Tree Disease Department has allo
cat.ed only 28% as a match against City expenditures for sub -
sidies. The reason for the decrease is that more cities in
the state are requesting aid and the amounts requested across
the board are higher due to cities having a better idea of
exactly how much their shade tree disease programs cost. This
is definitely the case in Edina.
If about 10% more people take advantage of Edina's subsidy
in 1978 and the subsidy is apportioned.by Edina in the same
manner as in 1977 *, the City will.spend $ 6,631 more this
year, after state match. The total will be $ 32,417 for 1978.
10% is an arbitrary figure. Built into this guess, however,
are a couple of assumptions. People are more aware of the
subsidy now because they are more aware .of the shade tree
program in general. Also, we have built -up our publicity
concerning the deadline to apply for any subsidy relief- -
31 December 1978.
MORE . . .
-2-
My recommendation is that the Edina subsidy program be con -
tinued for 1978 in the same fashion as 1977 *.
I feel that the money is well spent considering that it pro-
vides an impetus for our residents to remove their diseased
trees as quickly as they can.
As you know, Edina sustained an appreciably lower attrition
due to Dutch elm disease and oak wilt than most other
communities in the metropolitan area in 1977. .
.I think the.subsidy had a great deal to do with our resi-
dents' fine performances.
Thank you for your consideration in this matter.
R bert Kojeti -
Director -Park d Recreation Department
EDINA'S 1977 SHADE TREE DISEASE SUBSIDY PROGRAM
- The City will pay one -half the cost of removing
each tree from private lands not exceeding 5
acres in area which are zoned residential, not
to exceed $,100 per tree.
The trees removed must be either elm or oak and
must have been condemned by the City Forester.
- Two competitive bids for removal must have been
secured by the property owner and the lower must
have been chosen (or a suitable reason to do
otherwise provided in writing).
- The condemned trees must have been removed within
twenty (20) days of notification (or a suitable
reason for.non- compliance provided in writing).
- All work must have conformed to Edina Forestry
Department specifications.
REQUEST FOR PURCHASE
TO: Mayor and City Council
FROM' Bob Kojetin, Director of Parle'and Recreation Department
VIA: Kenneth Rosland, City Manager
SUBJECT: REQUEST FOR PURCHASE OF ITEM IN EXCESS OF $1,000
DATE: April 27, 1978
Material Description (General Specifications):
Tree Bids
Quotations /Bids:
Com an Amount of Quote or Bid
1. Minnesota Valley $4,995.00
2. Hallas $6,120
3. Natural Green $6,065.
Department Recommendation:
Minnesota Valley $4,995.(
e.
Department
Finance Director's Endorsement: v
The recommended bid is rj is not =within the amount u to or the purchase.
J. N. Dalen
Finance Director
City Manager's Endorsement:
�. I concur with the recommendation of the Department and recommend Council
approve the purchase.
2. I recommend as an alternative:
Kenneth Rosland
City manager
TREE BIDS
Species
Minnesota Valley
Hallas
Sugar Maple
57.00
72.00
Red Maple
N.A.
of
Emerald Queen
57.00
It
Skyline Honey _
55.00
to
Imperial Honey
55.00
It
Redmond Linden
62.00-
Littleleaf Linden
62.00
American Linden
57.00
Greenspire Linden
62.00
�
Hackberry
60.00
RECOMMENDATION TO CITY COUNCIL
MINNESOTA VALLEY
50 Hack-berry $3,000.00
25 American Linden
1,425.00
10 Sugar Maple 570.00
$4,995.00
Natural Green
74.06
64.40
61.18
51.52
51.52
72.45
61.18
72.45
61.18
74.06
ctr
-- e N
ifflve'i"d Queen
Al eY
//ones
.� a
IcKt
-z, o o
60, �o
ffal�.s
7,z ee
NcCI�CrLe � Gj' e erg
�7
z/,
-
��, c
�a.�
7a - Y�
,S-7 O-D
-z, o o
60, �o
ffal�.s
7,z ee
NcCI�CrLe � Gj' e erg
z/,
7a - Y�
61./x.
171/ ' ()
.5 /ccj,
Page No. j of 1 Pages
Arreptttnrr of f rppriloMl —The-above prices, specifications
and conditions are satisfactory and are hereby accepted. You are authorized Signature
to do the work as specified. Payment will be made as outlined above.
Date of Acceptance:
Signature
A A
minnesota: V 1 valie�/ '' PHONE
V 944 -1626
445 -7120
rt.3,box 130,shakopee,mn.55379
PROPOSAL SUBMITTED TO
PHONE
DATE
CITY OF EUI.IA Attn: Bob
- McGuire
___[
4 -19 -78
STREET
JOB NAME
4301 14. 50th Street
CITY OF EDIi1A
CITY, STATE AND ZIP CODE
JOB LOCATION
Edina, ;1i1. 55424
Edina, t�iid.
ARCHITECT
DATE OF PLANS
JOB PHONE
We hereby submit specifications and estimates for:
.Nerev;ith is our proposal for
supplying to the City of Edina the following plant li;aterial
SUGAR KAPLE 2 -2 =Z"
a57.OU /ea.
REu ,APLE 2 -2 -2"
@ no bid
E, iE!L;LD QUEEiI ; iAPLE 2 -2V'
@ $57.00 /ea.
SKYLINE LOCUST 2 -212"
@ a55.00 /ea.
I.'- VEi;IAL LOCUST 2 -2' z"
@ $55.00 /ea.
1-AC1MERRY 2 -2'2"
@ $60.00 /ea.
A7-j1E,RICAi; LINDEN 2 -2' -2"
@ $57.00 /ea.
LITTLE LEAF L li-IDE l
REJI 017W LINILEil 2 -2'2"
@ $62.00 /ea.
GREE11SPIRE LIiIJEN 2 -212"
@ ,u2.UU /ea.
F.O.3. Shakopee growing field
i10 GUARANTEE
19P FroPLISP hereby to furnish material and labor — complete in accordance with above specifications, for the sum of:
,According to the auove unit
prices dollars ($ )•
Payment to be made as follows:
r"-.ccordi ng to the progress and upon conpl eti ort of 'Lice job
All material is guaranteed to be as specified. All work to be completed in a workmanlike
Auth �- 1�- •�
manner according to standard practices. Any alteration or deviation from above specifica•
tions involving extra costs will be executed only upon written orders, and will become an StgEn
sT r 0 i
extra charge over and above the estimate. All agreements contingent upon strikes• accidents
f OF delays beyond our control. Owner to carry fire• tornado and other necessary insuran Note: This proposal may be 3
Ju
Our workers are fully covered by Workmen's Compensation
Insurance. Withdrawn by us If not accepted Within days.
Arreptttnrr of f rppriloMl —The-above prices, specifications
and conditions are satisfactory and are hereby accepted. You are authorized Signature
to do the work as specified. Payment will be made as outlined above.
Date of Acceptance:
Signature
FORM NO. PA13N, THE STATIONERY HOUSE, INC., P.O. BOX 1793, HAGERSTOWN, MO. 21140
NATURAL GREEN. INC.
1660 ARBORETUM BLVD.
EXCELSIOR. MINNESOTA 55331
612: 474 -1145
D
Pronosal PcCentan��
Page of Pages N0 000173
DATE I DATE OF PLANS
City of Edina Park Department April 12, 1978
JOB NAME
4801 W. 50th Same
CITY, STATE AND ZIP CODE JOB LOCATION
Edina, Minn., 55424
PRONE JOB PHONE PROJECT DIRECTOR
927 -8861 Bob McGuire
Sugar Maple
$74.06 each
P�
FOLD Red Maple
64.40
Emerald Queen
61.18
Skyline Locust
51.52
Imperial Locust
51.52
Redmond Linden
72.45
Little Leaf Linden
61.18
American Linden
72.45
- -. -. Greenspire Linden
61.18
Hackberry
74.06
Note: Above prices
are quoted in lots of ten
No Guarantee
FOLD
F
FOLD FOLD
_ 7F7 �' ��CP i C'
DOLLARS($ )
ENT TO BE MADE AS FOLLOWS:
All material Is guaranteed to be its specified. All work shall be completed in a workmanlike manner AUTHORIZED SIGNATURE
according to standard practices. Any alteration or deviation from above specifications involving extra
casts will be executed only upon written orders, and will hm..omc an extra charge over and above the
amount set forth above. We shall not be responsible for delays caused by strikes, accidents, or. other NO : THIS P11OPOSAL MAY BE WITHDRAWN BY US IF NOT ACCEPTED
contingencies beyond our control. Owner to carry fine, tornado and other necessary insurance.
Our workers are fully covered by Worknwn'sCumpensotion Inswance. WITHIN DAYS.
The above pl ices, specifications, teens and COuL ikons are satisfactory and are hereby accepted.
You are authorized to do the work as specified. Payment will be made as outlined above.
SIGNATURE
Date of Acceptance:
MAILING ADDRESS"
250 Great Plains Blvd. Chaska, Minnesota 55318 ti'�•.�u,.�y
100 Acre Growing Range — 1 Mile No. of 212 on Hwy. 101, Shakopee, Minnesota A4 17F
Prepared For v� +- _/1`�!�± ___— Date —
Address.0. _I __ •_!��_ _!� ! Plan No. —
City ._j Zip Code �! �`� ( Tel. No.
Landscape Consultant i9— Lkt!i_ = {_' Bus. Tel. Nol
l �
♦�� �O
r a
z 1�
v r
O C 11�4�
Landscape Estimate
445 -6555
Presented
Call Back
Checked _
Prof. Mgr.
"THE PLACE TO GO FOR PLANTS THAT GROW."
YOUR "NATIONAL LANDSCAPE AWARD" WINNING NURSERY FOR DESIGNING & PLANTING
SHADE TREES • EVERGREENS • FLOWERING CRABS • FRUIT TREES FLOWERING SHRUBS • HEDGING • GROUND COVERS • FERTILIZERS
• INSECTICIDES • LAWN SEEDS PRUNING • LARGE TREE MOVING
MATERIALS
�
i
t
PLANTED
TOTAL
Elam
numma-mma
il
"rd
71=
R
tl
I
Af
I
I
�
I'
I
0---
0
S
MIAMI,
I
I
e
■
■ate■
"THE PLACE TO GO FOR PLANTS THAT GROW."
YOUR "NATIONAL LANDSCAPE AWARD" WINNING NURSERY FOR DESIGNING & PLANTING
SHADE TREES • EVERGREENS • FLOWERING CRABS • FRUIT TREES FLOWERING SHRUBS • HEDGING • GROUND COVERS • FERTILIZERS
• INSECTICIDES • LAWN SEEDS PRUNING • LARGE TREE MOVING
T0: KENNETH ROSLAND, CITY MANAGER AND JERRY DALEN,
FROM: MARK BERNHARDSON, ADMINISTRATIVE ASSISTANT
SUBJECT: POLICE LIABILITY INSURANCE
DATE: APRIL 13, 1978
APPENDICES: A.) NEWSPAPER CLIPPING
B.) SUMMARY OF COVERAGES
up
FINANCE DIRECTOR
The City's general liability policy covers the City for suits against the
City alleging personal.injury,.bodily injury, and property damage, and
specifies that it will cover all employees who are individually sued for
actions arising out of their employment but excludes extension of this
coverage to suits for personal and bodily injury against law enforcement
officials who are individually sued. While the City will normally be
sued in such actions, the chances are increasing for police officers to
be sued individually as evidence by clippings in Appendix A.
The City is required by State law (471.44 MS) to pay for defense of any
claims against a police officer for alleged false arrest or.injury to
persons, property, or character if such is done in good faith and in the
official performance of duties. The City may but is not required to pay
for judgements against such officers. The City has three options in the
matter. The City may:
a.) Self insure the defense costs and handle the judgement costs on
a case by case basis;
b.) Self insure the defense costs and pass a resolution indicating
that it will pay for any adverse judgement costs against the
officers, or; •
c.) Purchase insurance with specified limits for the individual
officers for covering their on -duty actions. (In no case would
the officers.be covered for actions not related to the course
of assigned duties, i.e., excludes off -duty actions.)
Until July 1st of last year, the City of Edina insured its individual
officers through the National Sheriffs' Association with Appalachian Insur-
ance Company. From July, 1976 to July, 1977, the City paid $4,200 for
this insurance. Appalachian terminated its coverage with the Association
as of 1 July. The Association then established the Law Enforcement Insur-
ance Company to specifically handle this insurance. Since this is a newly
created "offshore" company with reserves of only $120,000, the City decided
not to renew its policy and to seek other options to handle the exposure.
Since then Fred Gedelman has obtained and summarized the quotations and
coverages for three firms in the business of writing such insurance. (A
quotation from UniMark - MacDonald under a policy that is cosponsorship
by IMCA and NLC was also requested but their plan has not been approved by
the State Insurance Department.)
Should the City choose to utilize the insurance route, it should be recog-
nized that the City itself is covered for all bodily injury and personal
injury suits regardless of origin under its general liability coverage and
that two of the three policies would cover both -the City and individual
officers. If one of the two were selected, there would be double coverage.
Fred Gedelman attempted to get some rate reduction by eliminating the double
coverages on the City. There seems to be little savings if the coverage is
PAGE 2
deleted from the City's general liability and no savings if eliminated
from the new policies. (It may be of note that the National Sheriffs'
Association insurance only covers the individual officers but their
premiums are not substantially lower than the one from Drake that covers
both.)
As Appendix B indicates, the least expensive coverage for similar limits
is National Sheriff's Association but as previously mentioned this company
is not recommended. (The City paid about $4,200 for 250,000/500,000 for
1 July, 1976 to 1 July, 1977.) The second lowest would be Drake insurance
and it is felt that should the Council decide to select the insurance route
that it select from one of the coverages provided by Drake. As for limits,
this writer does not venture a recommendation but the best buy appears to
be 100,000/300,000 /500,000 for $8,708. It is recommended that the Council
discusses this issue at its next meeting.
THE WALL 1I'KLL'i' JOURNAL Munday, Nov. 7, 1977
Undercovered Cops
Po4ce Find I t Harder
-Or Impossible to .Get
.Any .Liability Policies
Many Insurers Leave Field,'
Citing Surge in Lawsuits;
i
Others. Boost Premiums
`ke..Officers Afraid to Act?
By PATRICK O'DoNNELL'
, • Stull Reporter of 'rnE WALL STREET JOURNAL
The police In Mansfield, Ohio, are jittery.:
So are those In Charlotte, N.C., and in a;
glowing number of other communities,!.
;•: The reason; Afore and more Insurance
companies are refusing to write liability pol-
Icles for police departments. Or 11; they do,''
premiums are skyrocketing, often for
sharply reduced coverage. Thus shorn, of
some or all of their Insurance, officers In
many cities and towns are worrying that
;',their per §onal financial futures may be on
;.'tile line every hR1P they make nn arrest •�
.chase'a suspect or answer a radio call. And
many policemen concede that their protec!
Uon of the public may suffer.
The insurers have become reluctant to
write police coverage because In recent
Yeats, deservedly or -not, more and more po -;
Uce are winding up In court In the unaccus-
tomed role of defendant. "It used to be all
rou had So worry about was some bad guy
S1tgoUng you. Nov the people you arrest are
:,uing you," a Dade County, Fla., officer
spys. Among the police, he adds, "There's a
certain amount of justifiable paranoia."
Nobody is sure how many of the nation's
estimate;' 400,000 policemen are sued each
year. However, experts say the changing le-
gal•and social climate, which has sharply in.
creg5 1 malpractice litigation ln' medicine.'
and ',ther fields, has created an open - season;
atmosphere for false - arrest and police-
bru-tality lawsuits. ;
twid 41ay Worsen
c "There has been an explosion of suits,
against policemen in recent years, and it,
Will get Worse," declares Kenneth Henning,'
a University of Georgia professor and a spe-
clallst In municipal - government problems.
"Peopie are more aware of Uleir rights, and
they want to hold a specific individual re
sponst'_,:e —not just We system —when they
feet :heir rights have been violated," he
_ays '
When that happens, it can send a city's
Insurance company ruining for the bunkers.
C'onsit'sr the case of Mansfield, which in the
year ended last April had paid $6.934 for.
coverage on About 130 people (some of
. tt< 0% Weren.'t police Offlgers atl_d it!" 1!44.
only limited liability exposure):
The trouble there began about a year ago
When a group of schoolchildren on a field
trip trooped through the city jail. They saw,
among other things, a woman being held on;:
auto -theft ch;u•ges because a routine com -'
puter check indicated that she had been
driving a stolen car. But it turned out-that!
the computer was wrong, and Elie charges;
Were dropped. -
Shortly later, the woman sued, claiming
she had been falsely arrested and then
"exhibited like an animal In a circus cage. ".
Her $5 million suit named the state police.:
men who arrested her, the Mansfield mayor
and police chief who run the jail, and inter-
national • Business Machines Corp., which
made the computer. q
The suit was settled out of court for $1,.=
200; but' ,city officials say 'it cost Mansfield
Its police liability Insurance, "About 12 In;
surance companies have told me we're too`'
big a risk —just because somebody sued us'
for $5 million," said Clayton Long; the city's
I safety director, who runs the police and fire
departments. "The men have been almost,
afraid tq make an arrest since we lost' oqr!
Insurance In April," he adds. A
Doubts Over City's Stand
Mansfield police fear, that now they'
would have to pay attorney fees and adverse.
judgments out of their own pockets if they
'are sued, Mr. long says. "The city says It'll.
back the police in court," he adds, "but we'
don't have anything In writing." A nervous
poilee,nnan agrees. "If the guys in city hall
don't like you, they could just hang you out
to dry if you got sued. An insurance com-
pany couldn't do that," he says.
In many ways, the Mansfield ppisode is,-,
typical. Despite a few spectacular awards- �
like a still- contested $12 million judgment'
against the U.S. Capitol Police over their ")
handling of the 1971 May Day denionstra- I
dons in. Washington —huge court verdicts
Are rare; it is estimated that less than 5010 of
suits against police succeed. What Is bother-
ing insurers is simply the rising number of
suits being.filed.
"It isn't tine settlements we worry about; i
=It's the cost of legal defenses," says an un-.
derwriter for American Home Assurance
"Co., a New York concern that once was a,'
major insurer of police. In the past 18;
months, American Home has Canceled half
of the 500 police departments oft its books .
and has stopped writing new policies.
Officials of Uie insurance industry, which
-on average has doubled police, liability pre-
miums in the past two years, concede that'
they are running sc .reel. But they contend,,
that they haven't any alternative. A co
makes quick decisions in volatile situations,
they say, and it's tough to evaluate the
training that is supposed to prepare film forl
fast dunking. Moreover, court attitudes dif -'
ter widely, making it hard to predict incur -,
At1C4 risks,..... '
High W4 Noted
"Police liability insurance involves an •
extremely high degree of uncertainty," says
a spokesman for Appalachian Insurance Co.,
t a subsidiary of Allendale Mutual insurance
Co. of Johnston, R.I. "It's hard to .make
sound underwriting judgments if you , can't
project your exposure."
So about a year ago, Appalachian told the
i National Sheriffs' Association that It would
end its police coverage effective Oct. 31. The
association, which has offered a liability_pol_
icy program for 20.years, searched frantl-
tally for a new carrier for the 55,000 officers
covered . under . its plan. ."Six companies
came, close: to signing with us and then'
backed out," says Ferris Lucas, executlye
director.
Finally, the association helped set up
Law Enforcement Insurance Co., a Hamil-i
tong Bermuda, concern formed specifically;
to insure the association's members. But be-
cause the offshore company Isn't licensed to
do business:in any of the 50 states, insurf
ante commissioners in North Carolina acid
Florida have cautioned their municipalitieq
about using, It. "We can't regulate their sot:
vency or.- assist our municipalities withi
claims, ,. a Florida. Insurahce Commission.
spokesman says., -
Mr. ' t,ll"s says he can't estimate hovl
many of his association's'members wlil par•
.ticipate in'the new plan.
'Big-city, police departments like those of
New York, Chicago and Los Angeles always .
have been shunned by insurers. These cities
pay claims against officers out of city reve-
nues. With the recent rise in lawsuits, that
tactic has become costly. For example, Los
Angeles in the late 1960s paid only about
$27,000 a year in police- misconduct claims.
In the past three years, however, the aver-
age has been $873,000 a year, or about $125
for each of the city's 7,000 officers.
- "It's like playing the slot machines,"
says, Wayne Schmidt, supervising attorney
for the Americans for Effective Law. En-;
forcemeat; a private Evanston, Ill., organi-i
,iatlon that provides legal help to suedcops.:
"Self- Insured departments are playing the
odds, trying to settle enough cases out of
court so that their losses won't be more than
the huge premiums they'd pay if they could
get insurance."
Lately,'the definition of what constitutes
a big city has been narrowing. "We don't
even try to get liability coverage for depart -
ments in cities over 100,000 population,"
says a spokesman for Professional Coverage
Management, a New York agency specializ-
npP itts� nnonce [[��ollcies. ' '
�PPWDI\4 A
.. , r.
Baleful Sltfttlolll - --
Worset the mere shadow of a large mu
tticipality can Scare Insurers away from
tlearby small, generally lower-risk depart-
ments. "Carriers don't like to cover depart
'ments within about 100 miles of some big;
Cities because they're afraid the problems
just spill over into the smaller towns," one
Detroit -area broker says.
Take Clinton Townsldp, Mich., seven
miles from the Detroit city limits.. Clinton's
46 officers were insured under a general
municipal liability policy until this year,
.when the Aetna Insurance Co. subsidiary of
.Connecticut General Insurance Corp. re -:
fused to continue the police portion of the
.covers a.
'1 "We had seven insurance agents —shop _
ping for us,'! Township Clerk F. Michael
a:2hodes says. "Finally, we got a policy, but
At cost us $900 per officer for hinits of only
;5100,000. We're pretty unhappy with that,.
'but it's the best we could do. It was either,
this or shutdown the department."
City officials in Alton, III., learned the.
hard way about low liability limits. Alton,
with a limit of $50,000 per incident, recently
lost a $1.5 million suit brought by a man
.crippled by a policeman's bullet. The city,
,which isn't planning to appeal, has decided
-it must issue bonds to get the $1,950,000 it
needs to pay the judgment. "It's a rather.
;sad thing, ". Alton Mayor Paul . Lenz says,s
t "but we've got to do something.'
Hesitant Policemen
t' The fact that a rising number of unin..
sured or under - insured policemen feel like
:they are walking on eggs isn't inconsequen-
tial. "The economic threat against police-
men is a growing and significant thing,"
contends Glenn King, executive director of
the International Association of Chiefs of Po-
lice. "An officer may fail to act in the public
interest if he thinks his interest and the pub
lie's are in conflict." 1;
Many policemen on the street agree. "I'll
feel awful edgy without insurance,' says a
detective from Charlotte, N.C., where'police
_liability coverage obtained through the Sher-
iffs Association ran out Oct. 31. "There will
probably be a lot of arrests I should make
that I won't because I can't afford to lose
my house and car," he says.
' -Because Charlotte officials haven't been
able to find replacement coverage for thelr
6$0•persott department at a price the city
Can afford, the city has decided to put some
money In a special fund to pay claims
against officers. "Even through the Sheriffs'
Association, our premiums would increase
150% over this year," says Charles Spivey,
Charlotte's risk- management director. Ile
says the city will set aside about $200,000,
. "so officers will be covered up to that
amount. I don't feel safe with that, but
We've done the best we could."
. On the other hand, too- cautious police-
men may face curother financial hazard. "If
officers back away from aggressive action,
they ndght get sued by watchdog groups"
Reeking strict law enforcement, Prof, Hen -
nlnbr says. "They could be sued for, not per -
,,r r:dn; their
Some Rays of 110pe -- -
Although no one sees any clear answers,'
for some departments a feW rays 'of hope
have emerged. One insurance company re.
cently decided to test the uncertain waters
of police coverage even as others are cIlmb-
ing out. It concedes, however, that .so far it
has looked for absolutely safe bets.
"We're very fussy about whom =we'll,
take," • says --an executive for Drake Insur'•
ante Co. , New York. Drake has been -
swamped with applications since it began of•
feting police coverage in March 1976:
"We've accepted about 900 of the 800 -depart-
ments that have applied," the official says.
"We look for departments of 10 or 15 offi-
cers with no losses in misconduct cases in
cities of less than 25,000 people. There tend
to be fewer Incidents in small towns where.
( people know one another. -max
Municipal officials around the country;
also- are keeping an eye on a new Illinois
plan that, starting in December, will guar-
antee liability coverage to that state's cities'
and towns. Local governments ' will Insure
one another by paying into a pool according
to their size and loss history. "The °pre -
miums are relatively Ill gh,4- says 'John Mc-
Knight, executive vice president of the plan.'
"But there's no end W sight for increasing'
costs of conventional insurance, and in the
long run the pool. will be less ,expensive .fof
V i
n
AV
UnitedeaaLi4ahr�'1'�{
Wanan►ingo,Mtnrr,=
A $100,000 lawsult Ir-g-)Wn filed`
against Olmsted and Goodhue
counties by a Wanamingo farm
couple who say they were roughed
up and threatened with pistols by
sheriff's deputies iooking, 101 a
;peet in the slaying of a deputy
sheriff.
Thorrtaa and Pegggy Lair charged
that offkers-. unlav+twlyvicearohed
their home and.•WAWtod and fal-
sely tmprtsoned them. TheY R&ed
W'000 in wmp�torV- emuge®
and W,000 ln,puaitiveZ=aM-
'The deputies were looking for
James Ldward Lee, 21, when they
searched the Lair home last May
17.' Lee was captured later, con,
victed of first-degree murder it
,the death of an Olmated Count
'deputy sheriff, JaCk Werner, *an(
! - sentenced to life In prison. .
The suit said the offlcArd Invader
their home by mistake after
inephew of Lee said it was th
home of Lee's e -wife and Lee'
'hiding place.
The suit named ea. defendant
,Goodhue and Okmstad countle
.Sheriff Dale Grote of Goodhi
County and 28 deputies from tl
two counties. ,
i v
I
`O
K4
:..WOMA-N CHARGES OFF-DUTY (OFFICER'--
•'
Police ETA ® 19L. � I C.t� 6� e - R n
^gip triai
By GWENYTH JONES
black woman came and sat beside her at the
He grabbed. her disabled arm and started to
Minneapolis Stu Staff Writer
bar, she said. She said she hE.d seen the woman
pull her out of the hotel, she said, and she re-
A rare trial in which one of the ,issues is the
six or seven years before at The Way, a black
sisted; although she denied grabbing onto a sign
'§tatus of police who moonlight as guards or
community center, but hadn't seen her since.
pole in order to prevent being put in a squad
bouncers began yesterday. in Hennepin District
Each ordered a drink, but the other Woman
car.
.-court.
left before the., came to collect his
Scott 'said the wrist that was broken hurts
The $250.000 lawsuit was brought by a black
money'
Scott testified that the bartender asked her,
constantly and her back hurt for about two
Woman who was arrested on New Year's Eve
"Where did your friend go ?" and she replied,
months after the incident.
,
1974 by a policeman working as a security
ward at the D ckman Hotel.
g y
"She's not my friend. We're not together." But,
IN HIS OPENING statement, Jon L. Levy; at-
The city of Minneapolis says it is not liable in
she said, he ignored her.
He toot: a $10 bill from her, she testified, and
torney for the hotel, Wien and Schuman, said
his witnesses would give a different version
-the case because the policeman was not on city
brought her $5 in change. When she said he had
what happened, showing that there was no dis-
s- i
=.duty at the time of the.incident.
not given her the right change, she testified, he
"I
crimination and "all the trouble was caused by '
-- The woman, Sue C. Scott, 910 Bryant Av.
replied, took out for your friend.'
(Scott's) own actions."
�l.,testified that she was arrested after she went
She then said she was. goi:ag to get a police-
::to the off -duty policeman to report that a bar-
man, and she testified she felt she was discrimi-
C.J. Knippel, representing Goodrie, agreed
- ;ender had cheated her.
nated against because she was black.
with Levy and said that Goodrie acted as he did i
• Her suit claims that -the policeman manhan-
because he was "afraid things might get out of
Bled her and broke the wrist of her left arm,
SHE WENT out to the lobby, where she had
hand." He said Goodrie was hired by, the Dyck-
already tripped by a childhood disease.
seen Goodrie earlier, and told Goodrie that the
man because of the number' of parties being
Z. The defendants are the city of. Minneapolis;
bartender had cheated her, she testified. She ad-
held in the hotel that night, "including one by
'Patrolman. Michael Goodrie, Dale A. Schuman,
milted using an obscenity in referring to the
The Way."
bartender; the Dyckman Hotel Inc., and
bartender and said she might have shouted.
He said Goodrie acted "reasonably and in
.'the
':'Lawrence Wien, holder of the liquor license for
Goodrie returned with her to the bar and
good faith."
:.the hotel, which is now under different owner-
after talkinc to the bartender, Goodrie told her
After the incident. Scott was charged with
'.ship.
there was nothing he could do.
breach of the peace. She was convicted in a trial
,-
Goodrie asked her to leave, she testified, and
in Hennepin Municipal Court and was put on
SCOTT TESTIFIED that she went into the
she was upset "because he wasn't giving me
probation. She appealed the conviction and was
% -front bar of the hotel about 11 p.m. Another
any justice.'
acquitted by a Hennepin District Court jury.
4
i
• i
l
s
do
ennrkmry n
INSURANCE
COMPANY:
Western World Drake
National Sheriffs'
LIMITS:
PERSON
100,000
50,000 100,000 250,000 500,000
INCIDENT
300,000
100,000 300,000 500,000 1,000,000
250,000
ANNUAL
500,000
300,000 500,000 750,000 1,000,000
500,000
PREMIUM:
$11,575
$7,482 $8,708 $16,448 $17,953
$8,450
DEFENSE COSTS:
Covered
in Covered in addition to limits
Covered included
addition
to
limits
limits
TERMINATION:
60 days
60 days
30/90 days
SURVEY OF COVERAGE:
Covers personal injury suits against individual officers
including false arrest; erroneous service of civil
papers;
false imprisonment; malicious prosecution; libel;
slander;
defamation of character; violation of property rights;
bodily injury; and assault and batter if incidents occurs
out of arrests or attempted arrests in the course
of duty.
EXCLUSIONS:
Worker's compensation; unemployment compensation;
injury to
insured, willful violation of penal statute or ordinance;
fraud and dishonesty; property damage; bodily injury from
motor vehicles; or liability assumed by contract.
INDIVIDUAL DIFFERENCES:
a.) Must be a.) Includes coverage of City. a.) Limited to
within legal damages that were
jurisdiction b.) Excludes bodily injury to persons neither expected
of City of in custody and intentional acts of nor intended from
Edina insured standpoint of
insured
b.) Includes
coverage of
department
-- DORSEY, WINDHORST, HANNAFORD, WHITNEY Sa HALLADAY
W
JOHN W. WINDHORST
MICHAEL A. OLSON
HENRY HA
LARRY W. JOHNSON
JULE MANNAFORD
THOMAS S HAY
ARTHUR B WHITNEY
G LARRY GRIFF17H
RUSSELL W LINDQUIST
CRAIG A. BECK
DAVID R. BRINK
DAVID L. MCCUSKEY
MORALE HITCH
THOMAS 0 MOE
VIRGIL H WILL
JAMES H. OHAGAN
- -- ROBERT 'V' TARBOX
JOHN M MASON
ROBERT J. JOHNSON
MICHAEL W. WRIGHT
MAYNARD B HASSELOUIST
LARRY L VICKREY
PETER DORSET
LOREN R. KNOTT
GEORGE P FLANNERY
PHILLIP H.MARTIN
CURTIS L ROY
REESE C JOHNSON
ARTHUR E WEISBERG
CHARLES J HAUENSTEIN
DUANE E JOSEPH
CHARLES A GEER
JAMES 8 VESSEY
JOHN C ZWAKMAN
WILLIAM A, WHITLOCK
JOHN R WICKS
EDWARD J. SCHWARTZBAUER EUGENE LJOHNSON
= THOMAS M. BROWN
JOHN W WINDHORST. JR.
CORNELIUS 0. MAHONEY. JR, MICHAEL PRIC HARD
WILLIAM C. BABCOCK
JOHN P VITKO
THOMAS S ERICKSON
WILLIAM R SOIH
MICHAEL E. BRIE SS
RICHARD G SWANSON
RAYMOND A. REISTER
FAITH L ON AN
JOHN J. TAYLOR
DAVID A. RAN H EIM
WILLIAM J. HEMPEL
ROBERT J. SILVERMAN
JOHN S. HIS 13S
THOMAS R. MANTHEY
ROBERT O. FLOTTEN
WILLIAM R. HIBBS
JOHN D. LEVINE
PHILIP F. WELTER
ROBERT J. STRUM
WILLIAM B. PAYNE
2300 FIRST NATIONAL BANK BUILDING ROBCRT A HEIBERG NICK R. MAY
JOHN 0. KIRBY IRVING WEISER
MINN E A P O L I S, M INN E S O TA 55402
ROBERT FRONEK flTZBAUER THOMAS W. ELKINSCHALK
(612) 340 -2600
CABLE: DOROW
TELEX: 29 -0605
TELECOPIER: (612) 340 -2866
1468 W -FIRST NATIONAL BANK BUILDING
ST. PAUL,MINNESOTA 55101
._ _1612) 227 -8017 _
115 THIRD STREET SOUTHWEST
ROCHESTER, MINNESOTA SS901
1607) 268 -3156
Ms. Florence B. Hallberg
Edina City Clerk
4801 West 50th Street
Edina,-Minnesota 55424
- -Dear Florence:
April 28, 1978
Re: Edina Logo License Agreement
THOMAS W. TINKHAM
-JON F. TUTTLE
ENERY W_ BAR TLE
WILLIAM A JOHNSTONE
STEVEN K. CHAMPLIN
MICHAEL J. RADMER
MICHAEL TRUCANO
JAMES A. FLADER
DAVID L, BOEMNEN
MICHEL A LAFOND
DON D. CARLSON
PAUL J. 5CHEERER
DAN F NICOL
FRANK M. VOIGT
WILLIAM M. HIPPEE.JR.
ROBERT A. BURNS
ROGER J. MAGNUSON
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
PETER S. HENDRIXSON
Enclosed are the master and'one copy of the logo
license agreement. You can run off whatever you need.
Very truly yours,
TSE /abc Thomas S. Erickson
W
Enclosures
BY MESSENGER
KENNETH L. CUTLER
GARY M.JOHNSON
THOMAS W FINN
JAY L BENNETT
ROBERT G, BAYER
SUZANNE B VAN DYK
STUART R. HEMPHILL
J DAVID JACKSON
V C14ARLES LANTZ
DOUGLAS E. RAY
STEVEN F. WOLGAMOT
J.MAROUIS EASTWOOD
EDWARD J PLUIMER
KENNETH W. ERICKSON
OWEN C. MARX
JAMES C. BOWLUS
GEORGE L CHAPMAN
THOMAS 0 VANDER MOLEN
MARK &JARBOE
BRUCE O. SOLANDER
OF COUNSEL
DONALD WEST
WALDO F. MAROUART
GEORGE E. ANDERSON
JOHN F. FINN
LICENSE AGREEMENT
WHEREAS, City of Edina, a Minnesota Corporation, located and doing
business at 4801 West 50th Street, Edina, Minnesota (hereinafter referred to
as "Edina ") is the owner of Service Mark Registration No. 1,061,871 for a
design (hereinafter referred to as "Edina Logo ") issued by the.United States
Patent and Trademark Office on March 22, 1977; and
WHEREAS,
a Corporation,
- located and doing business at
- (hereinafter referred to as "Licensee ") desires to obtain a license under
Registration No. 1,061,871 to use the Edina =Logo on or in connection with.
- certain products; and
-WHEREAS, Edina is willing to grant a nonexclusive- license to Licensee
to so use the Edina Logo and Licensee is willing to accept such license on the
terms and conditions set forth below:
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as
follows:
1. Edina hereby grants a nonexclusive license to Licensee under
Registration No. 1,061,871 to use the Edina Logo on or in connection with the
manufacture, use and sale of the following products (hereinafter referred to
as "Licensed Products "):
2. It is expressly agreed between the two parties that Edina shall
retain full-ownership of all rights in the Edina Logo and that all rights in
such Edina Logo resulting from the use thereof by Licensee shall inure to the
benefit-of Edina.
3. (a) Licensee agrees to pay an initial license fee of One
Hundred Dollars ($100) to Edina immediately upon execution of this License
Agreement by both parties and a royalty of Five Percent (5%) on gross sales of
Licensed Products over Two Thousand Dollars ($2,000) during the initial year
of this license. Such royalty shall be paid within thirty (30) days after the
first anniversary of the effective date of this agreement.
f
I�
I
f
LICENSE AGREEMENT
WHEREAS, City of Edina, a Minnesota Corporation, located and doing
business at 4801 West 50th Street, Edina, Minnesota (hereinafter referred to
as "Edina ") is the owner of Service Mark Registration No. 1,061,871 for a
design (hereinafter referred to as "Edina Logo ") issued by the.United States
Patent and Trademark Office on March 22, 1977; and
WHEREAS,
a Corporation,
- located and doing business at
- (hereinafter referred to as "Licensee ") desires to obtain a license under
Registration No. 1,061,871 to use the Edina =Logo on or in connection with.
- certain products; and
-WHEREAS, Edina is willing to grant a nonexclusive- license to Licensee
to so use the Edina Logo and Licensee is willing to accept such license on the
terms and conditions set forth below:
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as
follows:
1. Edina hereby grants a nonexclusive license to Licensee under
Registration No. 1,061,871 to use the Edina Logo on or in connection with the
manufacture, use and sale of the following products (hereinafter referred to
as "Licensed Products "):
2. It is expressly agreed between the two parties that Edina shall
retain full-ownership of all rights in the Edina Logo and that all rights in
such Edina Logo resulting from the use thereof by Licensee shall inure to the
benefit-of Edina.
3. (a) Licensee agrees to pay an initial license fee of One
Hundred Dollars ($100) to Edina immediately upon execution of this License
Agreement by both parties and a royalty of Five Percent (5%) on gross sales of
Licensed Products over Two Thousand Dollars ($2,000) during the initial year
of this license. Such royalty shall be paid within thirty (30) days after the
first anniversary of the effective date of this agreement.
- _Licensee..shall_- have- the- -right -to __renew_this_ License- :Agreement
for additional periods of one year each by paying to Edina a license, renewal fee
- -- —of- Twenty- Five - Dollars -($25) prior to the anniversary date--- commencing the year
-for which renewal__is desired. In the event of-renewal, Licensee agrees to pay
a royalty of Five Percent (5%) on gross sales of Licensed Products over Five
Hundred Dollars ($500) during the subject renewal year. Such royalty shall be
paid within thirty (30) days after the end of the subject renewal year.
(c) For purposes of this License Agreement, a Licensed Product
shall be deemed to have been sold when billed out, or if- not - .billed out when
delivered, or when -paid for if paid for before delivery.
- - - 4. - - -- Licensee agrees--to-maintain-quality-in the-manufacture and sale
of Licensed Products and the use of the Edina Logo commensurate with the
_._--business. position.-of _the. -p art ies._involved.. - -Edina . reserves -the right - -to inspect
.__- the- quality of the - Licensed Products and the use of the Edina Logo by Licensee
to insure that the quality and use is as above required. Edina shall have sole
discretion in setting standards regarding ..quality of_the Licensed,Products and
- -- -- -use -of the Edina Logo.
5. Licensee agrees to mak-c verified reports within thirty (30) days
after the anniversary date of each year'of this agreement stating the gross
sales of-Licensed Products for the previous year and paying the royalty due
thereon.
6. Licensee agrees to keep records in sufficient detail to enable
the gross sales of Licensed Products and royalties payable hereunder to be
determined, and such records shall be available for examination by Edina once
each year during normal business hours to verify the accuracy of the reports
submitted pursuant to paragraph 5. Such examination shall be at the expense of
Edina unless an error of greater than Three Percent (3%) is found in Licensees
favor, in which event the cost of the examination together with the additional
fee shall be paid for by Licensee.
7. In the event that Licensee violates this agreement in any way,
Edina may cancel the license granted herein by giving written notice to Licensee
of the violation. In the event Licensee does not correct or eliminate the
violation within sixty (60) days from the date of receipt of said notice, Edina
shall have the right to immediately terminate such license.
8. Unless sooner terminated as provided in paragraph 5 above, this
License Agreement shall extend for a period of one year from the date hereof
and shall be renewable for additional one year periods by Licenses upon timely
payment of the annual License Renewal Fee specified in paragraph 3.
-2-
9. All license fees and royalties that are not paid when due
shall bear interest at Eight Percent (8%) per annum from due date until
paid. Licensee agrees to pay all costs incurred by Edina in collecting
any license fees or royalties due hereunder, including attorneys' fees,
_.and whether suit be brought or not.
10. The license granted herein is personal to Licensee and shall
not be assignable or transferable in any manner whatsoever, except by
written consent of Edina.
11. The effective date of this License Agreement shall be
Date:
CITY OF EDINA ( "Edina ")
By
Its Mayor
Its Manager
............
Its City Clerk
( "Licensee ")
Date: By
Office: .
-3-
z
E
DORSEY, WINDHORST, HANNAFORD, WHITNEY 81: HALLADAY
JOHN W. WINDHORST MICHAEL A OLSON
HENRY MALLADAY LARRY W. JOHNSON
JULE HANNAFORD THOMAS S HAY
ARTHUR B. WHITNEY G LARRY GRIFFITM
RUSSELL W. LINDOUIST CRAIG A. BECK
I
DAVID R. BR DAVID L MCCUSKEY
HORACE MITCH THOMAS 0 MOE
VIRGIL H. HILL JAMES H. OMAGAN
ROBERT V. TARBOX JOHN M MASON
ROBERT J. JOHNSON MICHAEL W. WRIGHT
MAYNARD B HAS5ELOUIST LARRY L. VICKREY
PETER DORSEY LO PEN R. KNOTT
GEORGE P. FLANNERY PHILLIP N MARTIN
CURTIS L ROY REESE C JOHNSON
ARTHUR E W'EISBERG CHARLES J HAUENSTEIN
DUANE E JOSEPH CHARLES A GEER
JAMES 6 VESSEY JOHN C ZWAKMAN
WILLIAM A WHITLOCK JOHN R WICKS
EDWARD J. SCHWARTZBAUER EUGENE L. JOHNSON
TMUMAS M. BROWN JOHN W WINOHORST. JR.
CORNELIUS D. MAHONEY. JR. MICHAEL PRICNARO
WILLIAM C. BABCOCK JOHN P VITKO
THOMAS S ERICKSON WILLIAM R S07H
MICHAEL E BRES5 RICHARD G. SWANSON
RAYMOND A REISTER FAITH L. OHMAN
JOHN J. TAYLOR DAVID A RAN H EIM
WILLIAM J. HEMPEL ROBERT J. SILVERMAN
JOHN S. HIBBS THOMAS R, 14 NTHEY
ROBERT O. FLOTTEN WILLIAM R. HIBBS
JOHN D. LEVINE PHILIP F. BOELTER
ROBERT J. STRUM WILLIAM B. PAYNE
2300 FIRST NATIONAL BANK BUILDING
MINNEAPOLIS,MINNESOTA 55402
1612) 340 -2600
CABLE: DOROW
TELEX: 29 -0605
TELECOPIER: (612) 340 -2666
1466 W -FIRST NATIONAL BANK BUILDING
ST. PAUL,MINNESOTA 55101
1612) 227 -6017
115 THIRD STREET SOUTHWEST
ROCHESTER, MINNESOTA 55901
1507) 266 -3156
April 28, 1978
Ms. Florence B. Hallberg
Edina City Clerk
4801 West 50th Street
Edina, Minnesota 55424
Re: Edina Logo License Agreement
Dear Florence:
ROBERT A. HEIBERG NICK R. MAY
JOHN D. KIRBY IRVING WEISER
ROBERT A. SCHWARTZBAUER STEPHEN E. G07TSCHALK
DAVID N. FRONCK THOMAS W. ELKINS
THOMAS W. TINKKAM KENNETH L. CUTLER
JON F. TUTTLE GARY M. JOMNSON
EMERY W. BARTLE THOMAS W. FINN
WILLIAM A JO"NSTONE JAY L BENNETT
STEVEN K. CHAMPLIN ROBERT G. BAYER
MICHAEL J. RAOMER SUZANNE B VAN DYK
MICHAEL TRUCANO STUART R. HEMPHILL
JAMES A. FLADER J DAVID JACKSON
DAVID L BOEHNEN W. CHARLES LANTZ
MICHEL A. LAFOND DOUGLAS E RAY
DON D. CARLSON STEVEN F. WOLGAMOT
PAUL J. SCHEERER J.MAROUIS EASTWOOD
DAN F NICOL EDWARD J PLUM ER
FRANK H. VOIGT KENNETH W ERICKSON
WILLIAM H, HIPPEE.JR. OWE N C. MARX
ROBERT A. BURNS JAMES C BO'WLUS
ROGER J. MAGNUSON GEORGE LCHAPHAN
J. ROBERT HIBBS THOMAS D VANDER MOLEN
JAY F. COOK MARK A. JARBOE
STANLEY M REIN BRUCE D. BOLANDER
CHARLES L POTUZNIK
VERLANE L ENDORF
DENNIS P. BURATTI OF COUNSEL
GEORGEANN BECKER DONALD WEST
ROBERT L. HOBBINS WALDO F. MAROUART
BARRY D. GLAZER GEORGE E. ANDERSON
PETER S. HENDRIXSON JOHN F. FINN
Enclosed are the master and one copy of the logo
license agreement. You can run off whatever you need.
TSE /abc
Enclosures
BY MESSENGER
Very truly yours,
nVJA�
Thomas S. Erickson
LICENSE AGREEMENT
WHEREAS, City of Edina, a Minnesota Corporation, located and doing
business at 4801 West 50th Street, Edina, Minnesota (hereinafter referred to
as "Edina ") is the owner.of Service Mark Registration No. 1,061,871 for a
design (hereinafter referred to as "Edina Logo ") issued by the United States
Patent and Trademark Office on March 22, 1977; and
WHEREAS, , a Corporation,
located and.doing business at
(hereinafter referred to as "Licensee ") desires to obtain a license under
Registration No. 1,061,871 to use the Edina -Logo on or in connection with.
certain products; and
WHEREAS, Edina is willing to grant a nonexclusive license to Licensee
to so use the Edina Logo and Licensee is willing to accept such license on the
terms and conditions set forth below:
. NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as
follows:
1. Edina hereby grants a nonexclusive license to Licensee under
Registration No. 1,061,871 to use the Edina Logo on or in connection with the
manufacture, use and sale of the following products (hereinafter referred to
as "Licensed Products "):
2. It is expressly agreed between the two parties that Edina shall
retain full ownership of all rights in the Edina Logo and that all rights in
such Edina Logo resulting from the use thereof by Licensee shall inure to the
benefit of Edina.
3. (a) Licensee agrees to pay an initial license fee of One
Hundred Dollars ($100) to Edina immediately upon execution of this License
Agreement by both parties and a royalty of Five Percent (5%) on gross sales of
Licensed Products over Two Thousand Dollars ($2,000) during the initial year
of this license. Such royalty shall be paid within thirty (30) days after the
first anniversary of the effective date of this agreement.
(b) Licensee shall have the right to renew this License Agreement
for additional periods of one year each by paying to Edina a license renewal fee
of Twenty Five Dollars ($25) prior to the anniversary date commencing the year
for which renewal is desired. In the event of renewal, Licensee agrees to pay
a royalty of Five Percent (5%) on gross sales of Licensed Products over Five
Hundred Dollars ($500) during the subject renewal year. Such royalty shall be
paid within thirty (30) days after the end of the subject renewal year. ,
(c) For purposes of this License Agreement, a Licensed Product
shall be deemed to have been sold when billed out, or if not billed out when
delivered, or when paid for if paid for before delivery.
4. Licensee agrees to maintain quality in the manufacture and sale
of Licensed Products and the use of the Edina Logo commensurate with the
business position.of the parties involved. Edina reserves the right to inspect
the quality of the Licensed Products and the use of the Edina Logo by Licensee
to insure that the quality and use is as above required. Edina shall have.sole
discretion in setting standards regarding quality of the Licensed Products and
use of the Edina Logo.
5. Licensee agrees to make verified reports within thirty (30) days
after the anniversary date of each year of this agreement stating the gross
sales of Licensed Products for the previous year and paying the royalty due
thereon.
6. Licensee agrees to keep records in sufficient detail to enable
the gross sales of Licensed Products and royalties payable hereunder to be
determined, and such records shall be available for examination by Edina once
each year during normal business hours to verify the accuracy of the reports
submitted.pursuant to paragraph 5. Such examination shall be at the expense of
Edina unless an error of greater than Three Percent (3%) is found in Licensees
favor, in which event the cost of the examination together with the additional
fee shall be paid for by Licensee.
7. In the event that Licensee violates this agreement in any way,
Edina may cancel the license granted herein by giving written notice to Licensee
of the violation. In the event Licensee does not correct or eliminate the
violation within sixty (60) days from the date of receipt"of said notice, Edina
shall have the right to immediately terminate such license.
8. Unless sooner terminated as provided in paragraph 5 above, this
License Agreement shall extend for a period of one year from the date hereof
and shall be renewable for additional one year periods by Licenses upon timely
payment of the annual License Renewal Fee specified in paragraph 3.
-2-
9. All license fees and royalties that are not paid when due
shall bear interest at Eight Percent (8%) per annum from due date until
paid. Licensee agrees to pay all costs incurred by Edina in collecting
any license fees or royalties due hereunder, including attorneys' fees,
and whether suit be brought or not.
10. The license granted herein is personal to Licensee and shall
not be assignable or transferable in any manner whatsoever, except by
written consent of Edina.
11. The effective date of this License Agreement shall be
CITY OF EDINA (!'Edina")
................
Date: By
Its Mayor
............
Its Manager
Its City Clerk
. ( "Licensee ")
Date: By, . .........................
Office:. ..........
-3-
w
9. All license fees and royalties that are not paid when due
shall bear interest at Eight Percent (8%) per annum from due date until
paid. Licensee agrees to pay all costs incurred by Edina in collecting
any license fees or royalties due hereunder, including attorneys' fees,
and whether suit be brought or not.
10. The license granted herein is personal to Licensee and shall
not be assignable or transferable in any manner whatsoever, except by
written consent of Edina.
11. The effective date of this License Agreement shall be
CITY OF EDINA (!'Edina")
................
Date: By
Its Mayor
............
Its Manager
Its City Clerk
. ( "Licensee ")
Date: By, . .........................
Office:. ..........
-3-
ill-6-1 INA
4801 WEST 50TH STREET, EDINA, MINNESOTA 55424
612- 927 -8861
A RESOLUTION APPROVING.THE APPOINTMENT OF
ARTHUR C. BREDESEN, III, TO THE HOUSING AND REDEVELOPMENT
AUTHORITY OF EDINA, MINNESOTA
BE IT RESOLVED by the City Council of Edina, Minnesota, that the appointment
by the Mayor of Edina, Minnesota, of Arthur C. Bredesen, III, to serve as
Commissioner of the Housing and Redevelopment Authority of Edina, Minnesota,
for the remainder of the five year term which began on April 1, 1978, as set
forth in the Certificate of Appointment dated May 2, 1978, . be and the same
is hereby approved.
ADOPTED this 1st day of May, 1978.
(signed) JAMES VAN VALKENBURG
Mayor
ATTEST:
(si.gned) FLORENCE B. HALLBERG
City Clerk
A RESOLUTION APPROVING THE APPOINTMENT OF
ARTHUR C. BREDESEN, III, TO THE HOUSING AND REDEVELOPMENT
AUTHORITY OF EDINA. MINNESOTA
BE IT RESOLVED by the City Council of Edina, Minnesota, that the appointment
by the Mayor of Edina, Minnesota, of Arthur C. Bredesen, III, to serve as
Commissioner of the Housing and Redevelopment Authority of Edina, Minnesota,
for the remainder of the five year term which began on April 1, 1978, as set
forth in the Certificate of Appointment dated May 2, 1978, be and the same
is hereby approved.
ADOPTED this 1st day of May, 1978.
(signed) JAMES VAN VALKENBURG
Mayor
ATTEST:
(signed) FLORENCE B. HALLBERG
City Clerk
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) SS
CITY OF EDINA ) CERTIFICATE OF CITY CLERK
I, the undersigned duly appointed and acting City Clerk for the City of Edina,
do hereby certify that the attached and foregoing resolution was duly adopted
by the Edina City Council at its Regular Meeting of May 1, 1978, and as
recorded in the minutes of said Regular Meeting.
WITNESS my hand and seal of said City this 15th day of May, 1978.
City Clerk
. 4
LIQUOR FUND
BALANCE SHEET
CITY OF EDINA
As at February 28, 1978
I"
ASSETS
CURRENT ASSETS:
Cash:
Demand Deposits
Working Fund
Loan to Other Funds
Inventory:
Liquor
Wine
Beer and Mix
Prepaid Expenses:
Unexpired Insurance
Supplies Inventory
TOTAL CURRENT ASSETS
FIXED ASSETS AT COST:
Land
Land Improvements
Buildings
Furniture and Fixtures
Leasehold Improvements
Less: Allowance for Depreciation
$ 24,488.13
481,643.80
151,075.01
3,035.55
$660,242.49
$ 129,086.08
3,500.00
$ 289,394.56
238,305.01
27,416.91
$ 132,586.08
415,000.00
555,116.48
$ 11,079.53
400.00 11,479.53
$1,114,182.09
$ 152,518.85
and Amortization 2501840.21 409,402.28
$ 561,921.13
Construction in Progress 298,449.78 860,370.91
TOTAL ASSETS $1,974,553.00
LIABILITIES AND SURPLUS
CURRENT LIABILITIES:
Trade accounts Payable
Accrued Payroll
Due to Other Fund
SURPLUS:
Invested in Fixed Assets
Unappropriated
TOTAL CURRENT LIABILITIES
$ 53,628.80
4.465.82
$ 58,094.62
23.396.00
$ 81,490.62
$ 860,370.91
1,032,691.47 1,893,062.38
TOTAL LIABILITIES AND SURPLUS $1,974,553.00
LIQUOR DISPENSARY FUND
COMPARATIVE STATEMENT OF INCOOME AND EXPENSE
CITY OF EDIPIA
Two Months Ending February 28, 1978 and February 28, 1977
INCREASE - DECREASE$
:T = SALES:
- =-�--r - = =nucri 97,456.21
40,462.67
1978
222,573.02
203,190.42
$554,459.88
452,337.97
1.977
1�rl-dnle _
crnndview
..
Total
50th St.
Yorkdale
Grand'Jie:r Tot -
n «.
v rk-ia
Grandview
Total.
50th St.
$425,763.44
246,131.03
$1,006,797.85
555,116.48
$197,009.30
125,930.88
$413,947.58
221,822.73
$390,373.32$1900.1,330.20
225,865.99 573,619.60
$59,090.42*
49,393.01*
$29,167.95
10,624.85
46,013.56
$143,715.98
$126,323.04
$316,052.58
$ 54,333.05
$134,009.89
$119,110.92
$307,453.86
$ 8,319.49*
$ 9,706.09
$ 7,212.12
$ 8,598.J2
16,919.42
70,137.07
59,953.86
147,010.35
17,714.89
60,331.61
48,182.96
126,229.46
795.47*
9,805.46
11,770.90
20,780.89
�. 10,881.29
42,449.48
29,903.50
83,234.27
13,462.27
38,458.22
30,256.76
82,177.25
2,580.98*
3,991.26
353.26*
1,057.02
:..r 1,051.81
4,260.72
3,205.28
8,517.81
1,111.01
3,711.63
3,143.51
7,966.15
59.20*
549.09
_ 61.77
551.66
.: :c -3 v- s= a "clex-74,866:08
$260,563.25
$219,385.68
$554,815.01
$ 86,621.22
$236,511.35
$200,694.15
$523,826.72
$11,755.14*
$24,051.90
$18,691.53
$30,988.29
b- r'e rrfcnds 2,568.58
9,460.18
8,521.63
20,550.39
2,649.81
8,113.88
7,090.30
17,853.99
81.23*
1,346.30
1,431.33
2,696.40
NET sALES $ 72,297.50
$251,103.07
$210,864.05
$534,264.62
$ 83,971.41
$228,397.47.
$193,603.85
$505,972.73
$11,673.91*
$22,705.60
$17,260.20
$28,291.53
:T = SALES:
- =-�--r - = =nucri 97,456.21
40,462.67
234,430.65
208,684.88
222,573.02
203,190.42
$554,459.88
452,337.97
109,208.09
87,801.21
218,953.44
194,994.14
195,512.91
194,860.41
523,674.44
477,655.76
11,751.88*
47,338.54*
$ 1,683.5 4'
15,477.21
13,690.74
27,060.11
8,330.01
30,785.44
25,31.7.79'
$137,918.88
76,537.87
$443,115.53
2322447.58
$425,763.44
246,131.03
$1,006,797.85
555,116.48
$197,009.30
125,930.88
$413,947.58
221,822.73
$390,373.32$1900.1,330.20
225,865.99 573,619.60
$59,090.42*
49,393.01*
$29,167.95
10,624.85
$35,390.12
20,265.04
$ 5,467.65
18,503.12
$ 61 381.01
$210,667.95
$179,632.41
$451,681.37
71 078.42
$192,124.85
$164,507.33
$427,710.60
9,697.41*
15,284.46
$18,543.10 $15,125.08
$23,970.77
Gn.^.SS PR 10,916.49
$ 40,435.12
$ 31,231.64
$ 82,583.25
$ 12,892.99
$ 36,272.62
$ 29,096.52
$ 78,262.13
$ 1,976.50*
15.88%
$ 4,162.50
$ 2,135.12
$ 4,321.12
_ $
4,114.77
$ 23,450.05 $
3,283.33
$ 9,633.63
7 485.42
.07AL CFZ AT •
4 883.52
$ 406.49
$ 1,683.5 4'
3 967.03*
FZ0'i7
'
$ 10,119.96
$ 9,215.32
$ 23,450.05 $
6,691.13
$ 9,633.63
$ 8,808.83
$ 25,133.59
$ 2,576.36* $ 486.33
$ 406.49
$ 1,683.5 4'
6,318.77
5,011.85
14,613.95
2,246.93
5,439.79
4•,273.23
11,959.95
1,036.40 878.98
738.62
2,654.00
7,679.76
7,587.71
22,752.89
6,346.40
6,969.99
6,674.18
19,990.57
1,139.02 709.77
913.53
2,762.32
$ 24,118.49
_$ 21,814.88
$ 60,816.89 $
15,284.46
$ 22,043.41
$ 19,756:24
$ 57,084.11
$ 400.94 *.$ 2,075.08
$ 2,058.64
$ 3,732.74
$ 16,316.63 $ 9,416.76 $ 21,766.36 $ 2,391.47* $ 14,229.21 $ 9,340.28 $ 21,178.02 $ 1,575.56* $ 2,087.42 $ 76.48 $ 588.34
_E tS; -gat
r -er or under
- : -e on ia.e. -`-
:Per
562.28
11.75*
-0-
191,59
3,235.27
30.83*
3,408.12
55.87
7,205:67
13.29
-0-
191.59
1,420.96
8.99
518.75
247.28_
2,986.31
.64*
3,039.82
38.68
7,447.09
47.03
518.75
247.28
858.68*
20.74*
518.75*
55.69*
248.96
30.19*
368.30
17.19
241.42
33.74
518.75-
55.69'
$_
742.12
$ 3,204.44 $
3,463.99
$ 7,410.55 $
2,195.98 $
2,985.67
$ _31078.50
$ 8.260.15
$ 1,453.86* 4
218.77 $
335.49 $
849.60-
NET PROFIT $ `3,224.91*
$ 19,521 07 $
12,880.75
$ 2176 91 $
195.49* $
17,214 88
$ 12,418.78
$ 29,438.17
$ 3,029.42* $
2,306.19 $
461.97 $
261.26
°.CENT TO NET SALES%
15.10%
16.10%
14.81%
15.46%
15.3.5%
15.88%
15.03%
15.47%
20.59
9.60
•10.34
11.37
18:20
9.65
10.20
11.28
y;=rc :;ense�
5.49 %*
6.50%
4.47%
4.07%
2.85 %*
6.23%
4.83%
4.19%
1.03
1.27
1.64
1.39
2.62
1.31
1.59
1.63
NZT INCOME
4.46 °
7.* 7.77/. 6.11% 5.46% .23 %* 7.54% 6.42% 5.82%
CURRENT ASSETS:
Cash:
Demand Deposits
Working Fund
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 JANUARY 31, 1978
ASSETS
TOTAL CURRENT ASSETS
FIXED ASSETS AT COST:
Land
Land Improvements $ 24,488.13
Buildings 481,643.80
Furniture and Fixtures 151,075.01
Leasehold Improvements 3,035.55
$6601,242.49
Less: Allowance for Depreciation and
$ 114,864.12
3,500.00
$ 326,442.60
211,044.77
27,954.38
$ 118,364.12
415,000.00
565,441.75
$ 12,867.53
400.00 13,267.53
$1,112,073.40
$ 152,518.85
Amortization 248,282.21 411,960.28
$ 564,479.13
Construction in.Progress 288,285.52 852,764.65
TOTAL ASSETS $1,964,838.05
LIABILITIES AND SURPLUS
CURRENT LIABILITIES:
Trade Accounts Payable
Accrued Payroll
Due to Other Fund
SURPLUS:
Invested in Fixed Assets
Unappropriated
TOTAL CURRENT LIABILITIES
$ 56,127.55
4,455.76
$ 60,583.31
23,396.00
$ 83,979.31
$ 852,764.65
1,028,094.09 1,880,858.74
TOTAL LIABILITIES AND SURPLUS $1,964,838.05
:RATING EXPENS
Stilling
1,704.30
.
1,740.80
LIQUOR DISPENSA= .Y FUND
3 , 850.09
TOTAL OF"nAT $
.
EXFENS
6,444.82
NET OrEW. $
1,824.75*
PROFIT
6,225.20
THER INCO-ME:
COMPARATIVE STATEMENT
OF NCOME AND EXPENSE
259.83
Cash over or wide
3:24*
9,497.09
147 36
9,766.107
$ 27,275 33 $
7,986 47 $
10,579.40
$ 10,030.34
$ 285596.21 $
CITY OF
E ANA
,
1,657.92* $
7,484.14
$ 4,588.41
$ 10,414.63 $
11.27
operating profit +
5. %*
7.66%
5.27%
One
Month Ending
January 31,
1978 and January
31, 1977
Other income i
.00
1.10
1.30
INCtEArE CECtEAS ='
1.47
2.34
1.21
1.66
1.57
NET INCC
1977
'0th
St.
- _Yorkdale_
�rez�t,f w_
50th St.
1t r�>dle (:rr±ndv_iew
_Total _..._
Garnndylev
Tntnl
:FS: $
23,467.17
$ 70,845.45
$ 63,354.47
$157,667.09
$ 27,282.57
$ 68,009.79
$ 60,057.91
$155,350.27
$ 3,815.40*
$ 2,835.66
$ 3,.296.56
$ 2,316.82
8,318.22
34,988.29
29,098.31
71,504.82.
8,684.74
29,945.11
•24,125.35
62,755.20
366.52*
• 4,1.43.18
4,972.96
8,749.62 -
:r.
1Ke.
5,462.99
20,85.5.57.
14,566.60
40,885.16
6,595.55
19,094.45
15,180.56
40,870.56
1,132.56*
1,761.12
61.3.96*
14.60
:«r
496.88
2,002.86
1,508.29
4,008.03
547.84
1,850.66
.1,518.55
3,917.05
50.96*
152.20
1.0.26*
90.98
�lix and M4ceQen -og
$
37,745.26:
$127,792.17
$108,527.67
$274,065.10
$. 43,110.70
$118,900.01
$100,882.37
$262,893.08
$ 5,365.44*
$.8,892.16
$ 7,645.30
$11,1.72.02
.ass bottle refunds
1,273.79
4,731.83
4,295.08
10 300.70
1,350.29
$ 41,760.41
4,146.84
$114,753.17
3,572.21
$ 97,310.16
9,069.34
$253,823.74
76.50
$ 5,288.94*
*'
584.99
$ 8,307.17
722.87
$ 6,922.43
1,231 .36
$ 9,940.66
NET SALES $
36,471.47
$123,060.34
$10.4,232 :59
$263,764.40
ST OF SALES:
nrertory - Jcnuah
97,456.21
234;430.65
222,573.02
554,459.88
109,208.09
218,953.44
195,512.91
523,674.44
.11,751.88*
15,477.21
27,060.11
11 100.53
30,785.44
9,155.16
Purchases 20 172.96
104 565.31
109 641.03
234 379.30
$788,839.18
44 252.04
$1539460.13
82 431.60
$301,385.04
98 540.50
225 224.14
$748,898.58
24,079.08*
$35,830.96
*.
22 133.71
$37,610.92
$38,1(10.64
$39,940.60
$117,629.17
'nyentory- Jazt,3.1-
86 628.14
$338,995.96
235 577:26
$332,214.05
243 236.35
565 441.75
• 118 028.2'1
204 695.41
,$294,053.41
211 362.00
534 085.68
31,400.13*
30,881.85
31 874.35
31 ,356.07
$
31,001 03
$103,418.70
$ 88,977.70
$2237. 397 43
$ 35,431 86
$ 96,689 63
$ 82,691.41
$214,812.90
$ 4,430.83*
$ 6,729.07
$ 6,286.29
636.14
S R, 584. 53
$ 1,356.13
GI:OSS PRC $
5,470.44
$ 19,641.64
$ 15,254.89
$ 40,366.97
$ 6,328.55
$._1$,063.54
$ 14,618.75
$ 39,010.84
$ 858.11*
$ 1- ,578.10
$
:RATING EXPENS
Stilling
1,704.30
prencccd
1,740.80
Administrative
3 , 850.09
TOTAL OF"nAT $
7, 295.19
EXFENS
6,444.82
NET OrEW. $
1,824.75*
PROFIT
6,225.20
THER INCO-ME:
3,347.64
Gash Discount $
259.83
Cash over or wide
3:24*
9,497.09
147 36
u
4,532.83
4,185.75
10,422.88
3,714.80
4,410.06
4,749.06
12,873.92
2,471.31
2,232.71
6,444.82
1,293.02
2,830.01
2,102,17
6,225.20
3,209.90
3,347.64
10,407 63
29978.65
3,339.33
3,179.11
9,497.09
10,214 04 $
9,766.107
$ 27,275 33 $
7,986 47 $
10,579.40
$ 10,030.34
$ 285596.21 $
9,427.60 $
5,488.79'
$ 13,091.64 $
1,657.92* $
7,484.14
$ 4,588.41
$ 10,414.63 $
$ 1,619.40 $ 1,828.81 $ 3,708.04 $ 835.16 •$ 1,373.50• $ 1,591.64 $ 3,800.30 $
21.53* 51.00 26.23 4.04 9.35 32.00 45.39
147.36 137.98 137.98
2,010.50* 122.77
447.78 358.70*
871.44 129.43*
691.28* $ 365.36*
166.83* $ 1,943.46
553.31* 2,451.04*
130..54 219.62
168.53 910.54
$ 264.24* $ 1, 320. H-A
$ 900.38 $ 2,677.01
575.33* $ 245.90 $
7.28* 30.88*
9.38
e
2:37.17 $ 92.26*
19.16
9.3R
Income on investm
Other $
403.95
$ 1,597.87 $
1,879 81
$ 3,881 63 $
977.18 $
1,382 85
$ 1,623.64
�!r 256.17 $ 102.04
$ 3,983.67 $ 573.23 $ 215.02 $
AST PROFIT' $'y1,420:80*
$ 11,025.47 $
7,368 60
$ 16,973 27 $
680.74* $
8,866.99_
$ 6,262 OS
$ 14,398 30 $ 740 06* $ 2,158.48 $ 1,156.55 $ 2,574.97
ERCENT TO NET S
Gross profit '
15.00%
15.96%
14.64%
.15.30%
15.15%
15.74%
15.02%
15.37%
"O;ereting expanses i
20.00
8.30
9.37
10.34
19.12
9.22
10.30
11.27
operating profit +
5. %*
7.66%
5.27%
4.96%
3.97% *
6.52%
4.72%
4.10%
Other income i
.00
1.10
1.30
1.80
1.47
2.34
1.21
1.66
1.57
NET INCC
3,90%* 8.96% 7.07% 6.43% 1.63 %* 7.73% 6.38% 5.67%
REQUEST FOR PURCHASE
TO: Mayor and City Council
FROM: Fran Hoffman, Director of Public Works and Engineering
VIA: Kenneth Rosland, City Manager
SUBJECT: REQUEST FOR PURCHASE OF ITEM IN EXCESS OF $1,000
DATE: April 28, 1978
Material Description (General Specifications): Contract #78 -5 (Eng)
Water Service Replacement - Morningside Area
Quotation /Bids:
Company
Hayes Contractors, Inc.
1.
2. No other bidders
3.
Department Recommendation: Hayes Contractors, Inc.
Amount of'Quote or Bid
$126,515.00
Engineering Estimate - $103,500.00
Engineering
Signatur Department
Finance Director's Endorsement:
The recommended bid is his not within the amount budgeted for the purchase.
N. Dalen
Finance Director
City. �Mana e �r-'s Endorsement:
v with the recommendation of the Department and recommend Council
1. I concur w P
Opp[ the purchase.
.2. I recommend as an alternative:
Citv Manager
(Official Publication)
CITY OF EDINA
HENNEPIN COUNTY, MINNESOTA
ADVERTISEMENT FOR BIDS
CONTRACT NO. 78 -5 (ENGINEERING)
WATER SERVICE REPLACEMENTS
SEALED BIDS will be received and opened in the Council Chambers in the
Edina City Hall, 4801 W. 50th St.*at 11:00 a.m., Friday, April 28,:.1978,
and the Edina City Council will meet at 7:00 p.m., Monday, May 1, 1978,
to consider said bids for the Replacement of Water Services. The following
are approximate quantities of major items:
580 Hand dug holes (2'x 4' & 3'x 5')
200 L/F 1" Copper water service
3840 L/F 3/4 " Copper water service
340 Each replace Curb boxes
240 Each replace 3/4" Curb stops
100 Each 3/4" Watermain taps and corporations
Bids shall be in a sealed envelope with a statement theron showing the work
covered by the bid. Bids should be addressed to the City Engineer, City of
Edina, 4801 W. 50th St. Edina, Minnesota 55424, and may be mailed or
submitted personally to the City Engineer. Bids received by the City Engineer,
either through the mail or by personal submission, after the time set for
receiving them may be returned unopened.
Work must be done as described in plans and specifications on file in the
office of the City Clerk. Plans and specifications are available for a
deposit of $25.00 (by check). Said deposit to be returned upon return of
the plans and specifications with a bona fide bid. No bids will be considered
unless sealed and accompanied by bid bond or certified check payable to the
City Clerk in the amount of at least ten (10) percent of amount of base
bid. The City Council reserves the right to reject any or all bids.
BY ORDER OF THE CITY COUNCIL
Florence B. Hallberg
City Clerk
PLEASE PUBLISH IN THE EDINA SUN ON April 12, and April 19, and;April 26, 1978.
PLEASE SEND US -TWO (2)AFF -IDAVITS OF PUBLICATION.
CITY OF EDINA
HENNEPIN COUNTY, MINNESOTA
ADVERTISEMENT FOR BIDS
CONTRACT NO. 78 -5 (ENGINEERING)
WATER SERVICE REPLACEMENTS
SEALED BIDS will be received and opened in the Council Chambers in the
Edina City Hall, 4801 W. 50th St. at 11:00 a. m., Friday, April 28, 1978,
and the Edina City Council will meet at 7:00 p.m., Monday, May 1, 1978,
to consider said bids for the Replacement of Water Services. The following
are approximate quantities of major items:
580 Hand dug holes (2' x 4' & 3' x 5')
200 L/F 1" Copper water service
3840 L/F 3/4" Copper water service
340 Each replace Curb boxes
240 Each replace 3/4" Curb stops,
100 Each 3/4" Watermain taps and corporations
Bids shall be in a sealed envelope with a statement theron showing the work
covered by the bid. Bids should be addressed to the City Engineer, City of
Edina, 4801 W'. 50th St. Edina, Minnesota 55424, and may be mailed or
submitted personally to the City Engineer. Bids received by the City Engineer,
either through the mail or by. personal submission, after the time set for
receiving them may be returned unopened.
Work.must.be done as described in plans and specifications on file in the
office of the City Clerk. Plans and specifications are available for a
deposit of $25.00 (by check). Said deposit to be returned upon return of
the plans and specifications with a bona fide bid. No bids will be considered
unless sealed and accompanied by bid bond or certified check payable to the
City Clerk in the amount of at least ten (10) percent of amount of base
bid.. The City Council reserves the right to reject any or all bids.
BY ORDER OF THE CITY COUNCIL
Florence B. Hallberg
City Clerk
PLEASE.PUBLISH.IN THE:CONSTRUCTION BULLETIN ON APRIL 14, AND APRIL 21, 1978.
PLEASE-SEND US -TWO (2) AFFIDAVITS OF PUBLICATION.
SUN NEWSPAPERS
AFFIDAVIT OF PUBLICATION
EDINA ,SUN
6601 W. 78th St. Bloomington, Minnesota
State of Minnesota
ss.
County of Hennepin
J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated
has been the vice president and printer of the newspaper known as The Edina Sun and
has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the
English language in newspaper format and in column and sheet form equivalent in printed
space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least
once each week. (3) Said newspaper has 50 % of its news columns tii!voted to news of local
interest to the community which it purports to serve and does not wholly duplicate any other
publication and is not made up entirely of patents, plate matter and advertisements. (4) Said
newspaper is circulated in and near the municipality which it purports to serve, has at least
500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total
circulation currently paid or no more than three months in arrears and has entry as second -class
matter in its local post - office. (5) Said newspaper purports to serve the City of Edina
in the County of Hennepin and it has its known office of issue in the City of Bloomingtcn in
said county, established and open during its regular business hours for the gathering of news,
sale of advertisements and sale of subscriptions and maintained by the managing officer of said
newspaper or persons in its employ and subject to his direction and control during all such
regular business hours and devoted exclusively during such regular business hours and at
which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately
with the State Historical Society. (7) Said newspaper is made available at single or subscription
prices to any person, corporation, partnership or other unincorporated association requesting
the newspaper and making the applicable payment. (8) Said newspaper has complied with all
foregoing conditions for at least one year preceding the day or dates of publication mentioned
below. (9) Said newspaper has filed with the Secretary of State of Minnesota prior to January
1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of
State and signed by the managing officer of said newspaper and sworn to before a notary
public stating that the newspaper is a legal newspaper.
Contract No. 78 -5
He further states on oath that the printed Advertisement for Bids
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed
and published therein in the English language, once each week, for t W 0 successive weeks;
that it was first so published on We'd the 12 day of April , 19-78
and was thereafter printed and published on every Wednesday to and including
Wed the —day of April , 19-_1-8and that the following is a printed copy
of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being
the size and kind of type used in the composition and publication of said notice, to -wit:
abcdefghijklmnopgrsluvwxvz
Subscribed and sworn to before me this 19 day of April 19 28—
,, i; -% PHYLLI 1 S. BART1N
NOTARY PUBLIC - '4INNESOTA
HENNEPIN COUNTY
MY Commisslon Expires Aug. 18, 1984
(Official Publication)
CITY OF EDINA
HENNEPIN COUNTY, MINNESOTA
ADVERTISEMEN am BIDS
CONTRACT N_
(ENGIN�r
WATER SrRVl %LACE-
'MIgNig!
SEALED BIDS will be received and
opened in the Council Chambers in
the Edina City Hall, 4801 W. 50th St. at
11:00 a.m., Friday, April 28, 1978, and
the Edina City Council will meet at
7:00 p.m., Monday, May 1, 1978, to
consider said bids for the Replace-
ment of Water Services. The follow-
ing are approximate quantities of
major items:
580 Hand dug holes (2'x4' &
3'x5')
200 L/F 1" Copper water ser-
vice
3840 L/F 3/'4" Copper water ser-
vice
340 Each replace Curb boxes
240 Each replace ?a " Curb
stops
100 Each � -4 Watermain taps
and corporations
Bids shall be in a sealed envelope
with a statement thereon showing the
work covered by the bid. Bids should
be addressed to the City Engineer,
City of Edina, 4801 W. 50th St., Edina,
Minnesota 55424, and may be mailed
or submitted personally to the City
Engineer. Bids received by the City
Engineer, either through the mail or
by personal submission, after (lk e,
time-set for receiving them may ne
returned unopened.
Work must be done as describe*
plans and specifications on file irl,t�
office of the City Clerk. Plans'3f�
specifications are available for a'aai-
posit of $25.00 (by check). Said ffe-
posit to be returned upon return of tqe
Flaps and specifications with a J)oqa
fide bid. No bids will be conside
unless sealed and accorhpani4d by
bid bond or certified pheck payabieto
the City Clerk in1he amount of at
least ten 00)'percent of amount of
base bid. The City Council reserves
the right to reject any or all bids.
BY ORDER OF THE CITY COUNCIL
FLORENCE B.HALLBERG,
City Clerk
(April 12 & 19,1978)—ED
,;j
SUN NEWSPAPERS
AFFIDAVIT OF PUBLICATION
EDINA ,SUN
6601 W. 78th St. Bloomington, Minnesota
State of Minnesota
fS.
County of Hennepin
J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated
has been the vice president and printer of the newspaper known as The Edina Sun and
has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the
English language in newspaper format and in column and sheet form equivalent in printed
space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least
once each week. (3) Said newspaper has 50% of its news columns &voted to news of local
interest to the community which it purports to serve and does not wholly duplicate any other
publication and is not made up entirely of patents, plate matter and advertisements. (4) Said
newspaper is circulated in and near the municipality which it purports to serve, has at least
500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total
circulation currently paid or no more than three months in arrears and has entry as second -class
matter in its local post- office. (5) Said newspaper purports to serve the City of Edina
in the County of Hennepin and it has its known office of issue in the City of Bloomingtcn in
said county, established and open during its regular business hours for the gathering of news,
sale of advertisements and sale of subscriptions and maintained by the managing officer of said
newspaper or persons in its employ and subject to his direction and control during all such
regular business hours and devoted exclusively during such regular business hours and at
which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately
with the State Historical Society. (7) Said newspaper is made available at single or subscription
prices to any person, corporation, partnership or other unincorporated association requesting
the newspaper and making the applicable payment. (8) Said newspaper has complied with all
foregoing conditions for at least one year preceding the day or dates of publication mentioned
below. (9) Said newspaper has filed with the Secretary of State of Minnesota prior to January
1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of
State and signed by the managing officer of said newspaper and sworn to before a notary
public stating that the newspaper is a legal newspaper.
Contract No. 78 -5
He further states on oath that the printed Advertisement for Bids
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed
and published therein in the English language, once each week, for tWO successive weeks;
that it was first so published on W&d the 12 day of April , 19-78
and was thereafter printed and published on every Wednesday to and including
Wed the—j-9--day of April , 19__Z8and that the following is a printed copy
of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being
the size and kind of type used in the composition and publication of said notice, to -wit:
abedefghijklmnopgrstuvwxvz
Subscribed and sworn to before me this 19 day of April , 19 78
PHYLLI , S. BART )N
NOTARY PUBLIC - MINNESOTA
HENNEPIN COUNTY
My Commission Expires Aug. 18, 1984
(Official Publication)
CITY OF EDINA
HENNEPIN COUNTY, MINNESOTA
ADVERTISEMENT FOR BIDS
CONTRACT NO. 78-5
(ENGINEERING)
WATER SERVICE REPLACE-
MENTS -
SEALED BMS will be received and
opened in.the.Ceuncil Chambers in
the Edina City Hall, 4801 W. 50th St. at
11:00 a.m., Friday, April 28, 1978, and
the Edina City Council will meet at
7:00 p.m., Monday, May 1, 1978, to
consider said bids for the Replace-
ment of Water Services. The follow-
ing are approximate quantities of
major items:
580 Hand dug holes (2'x4' &
3'x5')
200 L/F 1" Copper water ser-
vice
3840 L/F 3,4" Copper water ser-
vice
340 Each replace Curb boxes
240 Each replace 34" Curb
stops
100 Each 34" Watermain laps
and corporations
Bids shall be in a sealed envelope
with a statement thereon showing the
work covered by the bid. Bids should
be addressed to the City Engineer, .
City of Edina, 4801 W. 50th St., Edina,
Minnesota 55424, and may be mailed
or submitted personally to the City
Engineer. Bids received by the City
Engineer, either through the mail or
by personal submission, after the
time set for receiving them may be
returned unopened.
Work must be done as described in
plans and specifications on file in the
office of the City Clerk. Plans and
specifications are available for a de-
posit of $25.00 (by check). Said de -`
posit to be returned uponrptuip of the
plans and specification& with a Ctig�na
fide bid. No bids will be consideM
unless sealed and accompanied ey
bid bond or certified check payablaio
the City Clerk in me amount of at
least ten (10) percent o[ arno� of
base bid. The City Co
e at
the right to reject any or all bids.
BY ORDER OF THE CITY COUNCIL
FLORENCE B. HALLBERG,
City Clerk
(April 12 & 19, 1978) —ED
' 1\
'lr
•, i
Pile No.
Affidavit of Publication
-0 EDINA SUN
Edina, Minnesota
In The Matter Of
DORSEY, WINDHORST, HANNAFORD, WHITNEY & HALLADAY
JOHN W. WINDHORST
MICHAEL A. OLSON
HENRY HALLADAY
LARRY W. JOHNSON
JULE HANNAFORD
THOMAS S. HAY
ARTHUR B. WHITNEY
G. LARRY GRIFFITH
RUSSELL W. LINDOUIST
CRAIG A BECK
DAVID R. BRINK
DAVID L McCUSKEY
HORACE HITCH
THOMAS 0 MOE
VIRGIL H. HILL
JAMES H. 0HAGAN
ROBERT V. TARBOX
JOHN M. MASON
ROBERT J. JOHNSON
MICHAEL W. WRIGHT
MAYNARD B HASSELOUIST
LARRY L VICKREY
PETER DORSEY
LOREN R. KNOTT
GEORGE P. FLANNERY
PHILLIP H. MARTIN
CURTIS L. ROY
REESE C JOHNSON
ARTHUR E WEISBERG
CHARLES J. HAUENSTEIN
DUANE E. JOSEPH
CHARLES A. GEER
JAMES B. VESSEY
JOHN C. ZWAKMAN
WILLIAM A WHITLOCK
JOHN R WICKS
EDWARD J. SCHWARTZBAUER EUGENE L JOHNSON
THOMAS M. BROWN
JOHN W WINDHORST. JR.
CORN ELIUS D. MAHONEY. JR.
MICHAEL PRICHARD
WILLIAM C. BABCOCK
JOHN P. VITKO
THOMAS S ERICKSON
WILLIAM R, SOTH
MICHAEL E BRESS
RICHARD G. SWANSON
RAYMOND A. REISTER
FAITH L OHMAN
JOHN J. TAYLOR
DAVID A RANHEIM
WILLIAM J. HEMPEL
ROBERT J. SILVERMAN
JOHN S. HIBBS
THOMAS R. MANTHEY
ROBERT O, FLOTTEN
WILLIAM R. HIBBS
JOHN D. LEVINE
PHILIP F. BOELTER
ROBERT J. STRUYK
WILLIAM B. PAYNE
2300 FIRST NATIONAL BANK BUILDING
MINNEAPOLIS,MINNESOTA SS402
(612) 340 -2600
CABLE: DOROW
TELEX: 29 -0605
TELECOPIER: (612) 340 -2868
1468 W —FIRST NATIONAL BANK BUILDING
ST. PAUL,MINNESOTA 55101
(612) 227 -8017
115 THIRD STREET SOUTHWEST
ROCHESTER, MINNESOTA 55901
(507) 288 -3156
Ms. Florence B. Hallberg
Edina City Clerk
4801 West 50th Street
Edina, Minnesota 55424
Dear Florence:
April 28, 1978
Re: Edina Logo License Agreement 1
ROBERT A HEIBERG NICK R. HAY
JOHN D. KIRBY IRVING WEISER
ROBERT A SCHWARTZBAUER STEPHEN E. GOTTSCHALK
DAVID N. FRONEK THOMAS W. ELKINS
THOMAS W. TINKHAM KENNETH L. CUTLER
JON F. TUTTLE GARY M. JOHNSON
EMERY W. BARTLE THOMAS W. FINN
WILLIAM A JOHNSTONE JAY L. BENNETT
STEVEN K. CHAMPLIN ROBERT G. BAYER
MICHAEL J. RADMER SUZANNE B. VAN DYK
MICHAEL TRUCANO STUART %HEMPHILL
JAMES A. FLADER J DAVID JACKSON
DAVID L BOEHNEN W. CHARLES LANTZ
MICHEL A. LAFOND DOUGLAS E. RAY
DON D. CARLSON STEVEN F. WOLGAMOT
PAUL J. SCHEERER J. MARQUIS EASTWOOD
DAN F. NICOL EDWARD J. PLUIMER
FRANK H. VOIGT KENNETH W. ERICKSON
WILLIAM H. HI PPEE. JR. OWEN C. MARX
ROBERT A. BURNS JAMES E. BOWLUS
ROGER J. MAGNUSON GEORGE LCHAPMAN
J. ROBERT HIBBS THOMAS D. VANDER MOLEN
JAY F. COOK MARK &JARBOE
STANLEY M. REIN BRUCE D. BOLANDER
CHARLES L. POTUZNIK
VERLANE L ENDORF
DENNIS P. BURATTI OF COUNSEL
GEORGEANN BECKER DONALD WEST
ROBERT L. HOBBINS WALDO F. MAROUART
BARRY D. GLAZER GEORGE E. ANDERSON
PETER S. HENDRIXSON JOHN F. FINN
Enclosed are the master and one copy of`the logo
license agreement. You can run off whatever you need.
TSE /abc
Enclosures
BY MESSENGER
Very truly yours,
Thomas S. Erickson
fig
.e '•
LICENSE AGREEMENT
WHEREAS, City of Edina, a Minnesota Corporation, located and doing
business at 4801 West 50th Street, Edina, Minnesota (hereinafter referred to
as "Edina ") is the owner of Service Mark Registration No. 1,061,871 for a
design (hereinafter referred to as "Edina Logo ") issued by the United States
Patent and Trademark Office on March 22, 1977; and
WHEREAS, , a Corporation,
located and doing business at
(hereinafter referred to as "Licensee ") desires to obtain a license under
Registration No. 1,061,871 to use the Edina-Logo on or in connection with
certain products; and
WHEREAS, Edina is willing to grant a nonexclusive license to Licensee
to so use the Edina Logo and Licensee is willing to accept such license on the
terms and conditions set forth below:
NOW, THERE:ORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as
follows:
1. Edina hereby grants a nonexclusive license to Licensee under
Registration No. 1,061,871 to use the Edina Logo on or in connection with the
manufacture, use and sale of the following products (hereinafter referred to
as "Licensed Products "):
2. It is expressly agreed between the two parties that Edina shall
retain full ownership of all rights in the Edina Logo and that all rights in
such Edina Logo resulting from the use thereof by Licensee shall inure to the
benefit of Edina.
3. (a) Licensee agrees to pay an initial license fee of One
Hundred Dollars ($100) to Edina immediately upon execution of this License
Agreement by both parties and a royalty of Five Percent (5%) on gross sales of
Licensed Products over Two Thousand Dollars ($2,000) during the initial year
of this license. Such royalty shall be paid within thirty (30) days after.the
first anniversary of the effective date of this agreement.
N'
r,
(b) Licensee shall have the right.to renew this License Agreement
for additional periods of one year each by paying to Edina a license renewal fee
of Twenty Five Dollars ($25) prior to the anniversary date commencing the year
for which renewal is desired. In the event of renewal, Licensee agrees to pay
a royalty of Five Percent (5%) on gross sales of Licensed Products over Five
Hundred Dollars ($500) during the subject renewal year. Such royalty shall be
paid within thirty (30) days after the end of the subject renewal year.
(c) For purposes of this License Agreement, a Licensed Product
shall be deemed to have been sold when billed out, or if not billed out when
delivered, or when paid,for if paid for before delivery.
4. Licensee agrees to maintain quality in the manufacture and sale
of Licensed Products and the use of the Edina Logo commensurate with the
business position of the parties involved. Edina reserves the right to inspect_
the quality of the Licensed Products and the use of the Edina Logo by Licensee
to insure that the quality and use is as above required. Edina shall have sole
discretion in setting standards regarding quality of the Licensed Products and
use of the Edina Logo.
5. Licensee agrees to make verified reports within thirty (30) days
after the anniversary date of each year of this agreement stating the gross
sales of Licensed Products for the previous year and paying the royalty due
thereon.
6. Licensee agrees to keep records in sufficient detail to enable
the gross sales of Licensed Products and royalties payable hereunder to be
determined, and such records shall be available for examination by Edina once
each year during normal business hours to verify the accuracy of the reports
submitted pursuant to paragraph 5. Such examination shall be at the expense of
Edina unless an error of greater than Three Percent (3%) is found in Licensees
favor, in which event the cost of the examination together with the additional
fee shall be paid for by Licensee.
7. In the event that Licensee violates this agreement in any way,
Edina may cancel the license granted herein by giving written notice to Licensee
of the violation. In the event Licensee does not correct or eliminate the
violation within sixty (60) days from the date of receipt of said notice, Edina
shall have the right to immediately terminate such license.
8. unless sooner terminated as provided in paragraph 5 above, this
License Agreement shall extend for a period of one year from the date hereof
and shall be renewable for additional one year periods by Licenses upon timely
payment of the annual License Renewal Fee specified in paragraph 3.
-2-
or `
I A
9. All license fees and royalties that are not paid when due
shall bear interest at Eight Percent (8%) per annum from due date until
paid. Licensee agrees to pay all costs incurred by Edina in collecting
any license fees or royalties due hereunder, including attorneys' fees,
and whether suit be brought or not.
10. The license granted herein is personal to Licensee and shall
not be assignable or transferable in any manner whatsoever, except by
written consent of Edina.
Date:
Date:
11. The effective date of this License Agreement shall be
IS11
CITY OF EDINA "Edina ")
By
Its Mayor
Its Manager
Its City Clerk
By
Office:
( "Licensee ")
LICENSE AGREEMENT
WHEREAS, City of Edina, a Minnesota Corporation, located and doing
business at 4801 West 50th Street, Edina, Minnesota (hereinafter referred to
as "Edina ") is the owner of Service Mark Registration No. 1,061,871 for a
design (hereinafter referred to as "Edina Logo ") issued by the United States
Patent and Trademark Office on March 22, 1977; and
WHEREAS, , a Corporation,
located and doing business at
(hereinafter referred to as "Licensee ") desires to obtain a license under
Registration No. 1,061,871 to use the Edina -Logo on or in connection with.
certain products; and
WHEREAS, Edina is willing to grant a nonexclusive license to Licensee
to so use the Edina Logo and Licensee is willing to accept such license on the
terms and conditions set forth below:
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as
follows:
1. Edina hereby grants a nonexclusive license to Licensee under
Registration No. 1,061,871 to use the Edina Logo on or in connection with the
manufacture, use and sale of the following products (hereinafter referred to
as "Licensed.--Products"):
2. It is expressly agreed between the two parties that Edina shall
retain full ownership of all rights in the Edina Logo and that all rights in
such Edina Logo resulting from the use thereof by Licensee shall inure to the
benefit of Edina.
3. (a) Licensee agrees to pay an initial license fee of One
Hundred Dollars ($100) to Edina immediately upon,execution of this License
Agreement by both parties and a royalty of Five Percent (5%) on gross sales of
Licensed Products over Two Thousand Dollars ($2,000) during the initial year
of this license. Such royalty shall be paid within thirty (30) days after the
first anniversary of the effective date of this agreement.
(b) Licensee shall have the right to renew this License Agreement
for additional periods of one year each by paying to Edina a license renewal fee
of Twenty Five Dollars ($25) prior to the anniversary date commencing the year
for which renewal is desired. In the event of renewal, Licensee agrees to pay
a royalty of Five Percent (5%) on gross sales of Licensed Products over Five
Hundred Dollars ($500) during the subject renewal year. Such royalty shall be
paid within thirty (30) days after the end of the subject renewal year.
(c) For purposes of this License Agreement, a Licensed Product
shall be deemed to have been sold when billed out, or if not billed out when
delivered, or when paid for if paid for before delivery.
4. Licensee agrees to maintain quality in the manufacture and sale
of Licensed Products and the use of the Edina Logo commensurate with the
business position of the parties involved. Edina reserves the right to inspect
the quality of the Licensed Products and the use of the Edina Logo by Licensee
to insure that the quality and use is as above required. Edina shall have sole
discretion in setting standards regarding quality of the Licensed Products and
use of the Edina Logo.
5. Licensee agrees to make verified reports within thirty (30) days
after the anniversary date of each year of this agreement stating the gross
sales of Licensed Products for the previous year and paying the royalty due
thereon.
6. Licensee agrees to keep records in sufficient detail to enable
the gross sales of Licensed Products and royalties payable hereunder to be
determined, and such records shall be available for examination by Edina once
each year during normal business hours to verify the accuracy of the reports
submitted pursuant to paragraph 5. Such examination shall be at the expense of
Edina unless an error of greater than Three Percent (3%) is found in Licensees
favor, in which event the cost of the examination together with the additional
fee shall be paid for by Licensee.
7. In the event that Licensee violates this agreement in any way,
Edina may cancel the license granted herein by giving written notice to Licensee
of the violation. In the event Licensee does not correct or eliminate the
violation within sixty (60) days from the date of receipt of said notice, Edina
shall have the right to immediately terminate such license.
8. Unless sooner terminated as provided in paragraph 5 above, this
License Agreement shall extend for a period of one year from the date hereof
and shall be renewable for additional one year periods by Licenses upon timely
payment of the annual License Renewal Fee specified in paragraph 3.
-2-
9. All license fees and royalties that are not paid when due
shall bear interest at Eight Percent (8%) per annum from due date until
paid. Licensee agrees to pay all costs incurred by Edina in collecting
any license fees or royalties due hereunder, including attorneys' fees,
and whether suit be brought or not.
10. The license granted herein is personal to Licensee and shall
not be assignable or transferable in any manner whatsoever, except by
written consent of Edina.
Date:
11. The effective date of this License Agreement shall be
CITY OF EDINA ( "Edina ")
By_
Its Mayor
Its Manager
Its City Clerk
( "Licensee ")
Date: By ....... I ......
..
Office: .
-3-
I
DORSEY, WINDHORST, HANNAFORD, WHITNEY 8, HALLADAY
JOHN W WINDHORST MICHAEL A OLSON
HENRY HALLADAY LARRY W, JOHNSON
JULE HANNAFORO THOMAS 5 MAY
ARTHUR B WHITNEY G -LARRY GRIFFITH
RUSSELL W. LINDQUIST CRAIG A BECK
DAVID R, BRINK DAVID L. M[CUSKEY
XORACE HITCH iXOMAS 0 MOE
VIRGIL H. MILL JAME$ H OHAGAN
ROBERT V. TA' BOX JOHN M MASON
ROBERT J. JOHNSON MICHAEL W. WRIGHT
MAYNARD B HASSELOUIST LARRY L VICKRCY
PETER DORSEY LOREN R. KNOTT
GEORGE P FLANNERY PHILLIP X. MARTIN
CUP715 L. ROY REESE C JOHNSON
ARTHUR E WEISBERG CHARLES J HAUENSTEIN
DUANE E. JOSEPH CHARLES A GEER
JAMES B VESSEY JOHN C ZWAKMAN
WILLIAM A WHITLOCK JOHN R WICKS
EDWARD J. SCHWARTZBAUER EUGENE L. JOHNSON
710MAS M B'0" JOHN W WTNDHO AST. JR
CORNELIUS D. MAHONEY. JR. MICHAEL PRICHARD
WILLIAM C, BABCOCK JOHN P VITKO
THOMAS S ERICKSON WILLIAM R SOTH
MICHAEL E, BRESS RICHARD G. SWANSON
RAYMOND A. REISTER FAITH L OHMAN
JOHN J. TAYLOR DAVID A. RANHEIM
WILLIAM J. HEMPEL ROBERT J. SILVERMAN
JOHN S. HIBBS THOMAS R. MANTHEY
ROBERT 0. ROTTEN WILLIAM R. HIBBS
JOHN D. LEVINE PHILIP F. BOELTER
ROBERT J. STRUYK WILLIAM B. PAYNE
2300 FIRST NATIONAL BANK BUILDING
MINNEAPOLIS,MINNESOTA 55402
16 12 1 340 - 2600
CABLE: DOROW
TELEX: 29 -0605
TELECOPIER: (612) 340 -2868
1468 W -FIRST NATIONAL BANK BUILDING
ST. PAUL,MINNESOTA 56101
1612) 227 -8017
115 THIRD STREET SOUTHWEST
ROCHESTER, MINNESOTA 55901
(507) 288 -3156
April 28, 1978
Ms. Florence B. Hallberg
Edina City Clerk
4801 West 50th Street
Edina, Minnesota 55424
Re: Edina Logo License Agreement
Dear Florence:
ROBERT A. MEIBERG NICK R. MAY
JOHN 0. KIRBY IRVING WEISER
ROBERT A SCHWARTZBAUER STEPHEN E. GOTTSCMALK
DAVID N. FRONEK THOMAS W. ELKINS
THOMAS W. TI N K.. KENNETH L. CUTLER
JON F. TUTTLE GARY M. JOHNSON
EMERY W. BARTLE THOMAS W FINN
WILLIAM A JOHNSTONE JAY L BENNETT
STEVEN K. CHAMPLIN ROBERT G. BAYER
MICHAEL J. RADMER SUZANNE B. VAN DYK
MICHAEL TRUCANO STUART R. HEMPHILL
JAMES A FLADER J DAVID JACKSON
DAVID L BOEHNEN W. CHARLES LANTZ
MICHEL A LAFOND DOUGLAS E. RAY
DON D. WILSON STEVEN F. WOLGAMOT
PAUL J. SCHEERER J. MARQUIS EASTWOOD
DAN F NICOL EDWARD J PLUIMER
FRANK H. VOIGT KENNETH W ERICKSON
WILLIAM H. HIPPEE.JR. OWEN C. MARX
ROBERT A. BURNS JAMES E.BOWLUS
ROGER J. MAGNUSON GEORGE LCHAPMAN
J. ROBERT HIBBS THOMAS D VANDER NOLEN
JAY F. COOK MARK A JARBOE
STANLEY M. REIN BRUCE D. BOLANDER
CHARLES L POTUZNIK
VERLANE L ENDORF
DENNIS P. BURATTI OF COUNSEL
GEORGEANN BECKER DONALD WEST
ROBERT L. HOBBINS WALDO F, MAROUART
BARRY D. GLAZER GEORGE E. ANDERSON
PETER S. HENDRIXSON JOkN F FINN
Enclosed are the master and one copy of the logo
license agreement. You can run off whatever you need.
TSE /abc
Enclosures
BY MESSENGER
Very truly yours,
n��
Thomas S. Erickson
f/�
11
LICENSE AGREEMENT
WHEREAS, City of Edina, a Minnesota Corporation, located and doing
business at 4801 West 50th Street, Edina, Minnesota (hereinafter referred to
as "Edina ") is the owner of Service Mark Registration No. 1,061,871 for a
design (hereinafter referred to as "Edina Logo ") issued by the United States
Patent and Trademark Office on March 22, 1977; and
WHEREAS,
located and doing business at
(hereinafter referred to as "Licensee"
Registration No. 1,061,871 to use the
certain products; and
a
Corporation,
........................
) desires to obtain a license under
Edina=Logo on or in connection with.
WHEREAS, Edina is willing to grant a nonexclusive license to Licensee
to so use the Edina Logo and Licensee is willing to accept such license on the
terms and conditions set forth below:
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as
follows:
1. Edina hereby grants a nonexclusive license to Licensee under
Registration No. 1,061,871 to use the Edina Logo on orlon connection with the
manufacture, use and sale of the following products (hereinafter referred to
as "Licensed Products "):
2. It is expressly agreed between the two parties that Edina shall
retain full ownership of all rights in the Edina Logo and that all rights in
such Edina Logo resulting from the use thereof by Licensee shall inure to the
benefit of Edina.
3. (a) Licensee agrees to pay an initial license fee of One
Hundred Dollars ($100) to Edina immediately upon execution of this License
Agreement by both parties and a royalty of Five Percent (5%) on gross sales of
Licensed Products over Two Thousand Dollars ($2,000) during the initial year
of this license. Such royalty shall be paid within thirty (30) days after the
first anniversary of the effective date of this agreement.
r�
(b) Licensee shall have the right to renew this License Agreement
for additional periods of one year each by paying to Edina a license renewal fee
of Twenty Five Dollars ($25) prior to the anniversary date commencing the year
for which renewal is desired. In the event of renewal, Licensee agrees to pay
a royalty of Five Percent (5%) on gross.sales of Licensed Products over Five
Hundred Dollars ($500) during the subject renewal year. Such royalty shall be
paid within thirty (30) days after the end of the subject renewal year. ,
(c) For purposes of this License Agreement, a Licensed Product
shall be deemed to have been sold when billed-out, or if not billed out when
delivered, or when paid for if paid for before delivery.
4. Licensee agrees to maintain quality in the manufacture and sale
of Licensed Products and the use of the Edina Logo commensurate with the
business position of the parties involved. Edina reserves the right to inspect
the quality of the Licensed Products and the use of the Edina Logo by Licensee
to insure that the quality and use is as above required.. Edina shall have sole
discretion in setting standards regarding quality of the Licensed Products and
use of the Edina Logo.
5. Licensee agrees to. make verified reports within thirty (30) days
after the anniversary date of each year of this agreement stating the gross
sales of Licensed Products for the previous year and paying the royalty due
thereon.
6. Licensee agrees to keep records in sufficient detail to enable
the gross sales of Licensed Products and royalties payable hereunder to be
determined, and such records shall be available for examination by Edina once
each year during normal business hours to verify the accuracy of the reports
submitted pursuant to paragraph 5. Such examination shall be at the expense of
Edina unless an error of greater than Three Percent (3%) is found in Licensees
favor, in which event the cost of the examination together with the additional
fee shall be paid for by Licensee.
7. In the event that Licensee violates this agreement in any way,
Edina may cancel the license granted herein by giving written notice to Licensee
of the violation. In the event Licensee does not correct or eliminate the
violation within sixty (60) days from the date of receipt of said notice, Edina
shall have the right to immediately terminate such license.
g. Unless sooner terminated as provided in 'paragraph 5 above, this
License Agreement shall extend for a period of one year from the date hereof
and shall be renewable for additional one year periods by Licenses upon timely
payment of the annual License Renewal Fee specified in paragraph 3.
-2-
t
9. All license fees and royalties that are not paid when due
shall bear interest at Eight Percent (8%) per annum from due date until
paid. Licensee agrees to pay all costs incurred by Edina in collecting
any license fees or royalties due hereunder, including attorneys' fees,
and whether suit be brought or not.
10. 'The license granted herein is personal to Licensee and shall
not be assignable or transferable in any manner whatsoever, except by
written consent of Edina.
Date:
Date:
11. The effective date of this License Agreement shall be
CITY OF EDINA ( "Edina ")
By.
-3-
Its Mayor
Its Manager
...............
Its City .Clerk
( "Licensee ")
By.
Office:. .... ...............
i
A
y
LICENSE AGREEMENT
WHEREAS, City of Edina, a Minnesota Corporation, located and doing
business at 4801 West 50th Street, Edina, Minnesota (hereinafter referred to
as "Edina ") is the owner of Service Mark Registration No. 1,061,871 for a
design (hereinafter referred to as "Edina Logo ") issued by the United States
Patent and Trademark Office on March 22, 1977; and
WHEREAS, , a Corporation,
- located and doing business at
(hereinafter referred to as "Licensee ") desires to obtain a license under
Registration No. 1,061,871 to use the Edina-Logo on or in connection with
certain products; and
WHEREAS, Edina is willing to grant a nonexclusive license to Licensee
to so use the Edina Logo and Licensee is willing to accept such license on the
terms and conditions set forth below:
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as
follows:
1. Edina hereby grants a nonexclusive license to Licensee under
Registration No. 1,061,871 to use the Edina Logo on or in connection with the
manufacture, use and sale of the following products (hereinafter referred to
as "Licensed Products "):
2. It is expressly agreed between the two parties that Edina shall
retain full ownership of all rights in the Edina Logo and that all- rights in
such Edina Logo resulting from the use thereof by Licensee shall inure to the
benefit of Edina.
3. (a) Licensee agrees to pay an initial license fee of One
Hundred Dollars (S100) to Edina immediately upon execution of this License
Agreement by both parties and a royalty of Five Percent (5%) on gross sales of
Licensed Products over Two Thousand Dollars ($2,000) during the initial year
of this license. Such royalty shall be paid within thirty (30) days after the
first anniversary of the effective date of this agreement.
(b) Licensee shall have the right.to renew this License Agreement
for additional periods of one year each by paying to Edina a license renewal fee
of Twenty Five Dollars ($25) prior to the anniversary date commencing the year
for which renewal is desired. In the event of renewal, Licensee agrees to pay
a royalty of Five Percent (5%) on gross sales of Licensed Products over Five
Hundred Dollars ($500) during the subject renewal year. Such royalty shall be
paid within thirty (30) days after the end of the subject renewal year.
(c) For purposes of this License Agreement, a Licensed Product
shall be deemed to have been sold when billed out, or if not billed out when
delivered, or when paid-for if paid for before delivery.
4. Licensee agrees to maintain quality in the manufacture and sale
-of Licensed Products and the use of the Edina Logo commensurate with the
business position of the parties involved. Edina reserves the right to inspect
the quality of the Licensed Products and the use of the Edina Logo by Licensee
to insure that the quality and use is as above required. Edina shall have sole
discretion in setting standards regarding quality of the Licensed Products and
use of the Edina Logo.
5. Licensee agrees to make verified reports within thirty (30) days
after the anniversary date of each year of this agreement stating the gross
sales of Licensed Products for the previous year and paying the royalty due
thereon.
6. Licensee agrees to keep records in sufficient detail to enable
the gross sales of Licensed Products and royalties payable hereunder to be
determined, and such records shall be available for examination by Edina once
each year during normal business hours to verify the accuracy of the reports
submitted pursuant.to paragraph 5. Such examination shall be at the expense of
Edina unless an error of greater than Three Percent (3%) is found in Licensees
favor, in which event the cost of the examination together with the additional
fee shall be paid for by Licensee.
7. In the event that Licensee violates this agreement in any way,
Edina may cancel the license granted herein by giving written notice to Licensee
of the violation. In the event Licensee does not correct or eliminate the
violation within sixty (60) days from the date of receipt of said notice, Edina
shall have the right to immediately terminate such license.
g. Unless sooner terminated as provided in paragraph 5 above, this
License Agreement shall extend for a period of one year from the date hereof
and shall be renewable for additional one year periods by Licenses upon timely
payment of the annual License Renewal Fee specified in paragraph 3.
IWZ
9. all license fees and royaltie3 that are not paid when due
shall bear interest at Eight Percent (8%) p r annum from due date until
paid. Licensee agrees to pay all costs inc rred by Edina in collecting
any license fees or royalties due hereunder, including attorneys' fees,
and whether suit be brought or not.
10. The license granted herein is personal to Licensee and shall
not be assignable or transferable in any manner whatsoever, except by
written consent of Edina.
Date:
11. The effective date of this License Agreement shall be
CITY OF EDINA ("Edina ")
By, .. .......
Its Mayor
Its Manager
Its City Clerk
( "Licensee ")
Date: By
Office:
-3-
LICENSE AGREEMENT
WHEREAS, City of Edina, a Minnesota Corporation, located and doing
business at 4801 West 50th Street, Edina, Minnesota (hereinafter referred to
as "Edina ") is the owner of Service Mark. Registration No. 1,061,871 for a
design (hereinafter referred to as "Edina Logo ") issued by the United States
Patent and Trademark Office on March 22, 1977; and
WHEREAS, , a Corporation,
located and doing business at
(hereinafter referred to as "Licensee ") desires to obtain a license under
Registration No. 1,061,871 to use the Edina =Logo on or in connection with
certain products; and
WHEREAS, Edina is willing to grant a nonexclusive license to Licensee
to so use the Edina Logo and Licensee is willing to accept such license on the
terms and conditions set forth below:
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby-acknowledged, the parties hereto agree as
follows:
1. Edina hereby grants a nonexclusive license to Licensee under
Registration No. 1,061,871 to use the Edina Logo on or in connection with the
manufacture, use and sale of the following products (hereinafter referred to
as "Licensed Products "):
2. It is expressly agreed between the two parties that Edina shall
retain full ownership of all rights in the Edina Logo and that all rights in
such Edina Logo resulting from the use thereof by Licensee shall inure to the
benefit of Edina.
3. (a) Licensee agrees to pay an initial license fee of One
hundred Dollars ($100) to Edina immediately upon execution of this License
Agreement by both parties and a royalty of Five Percent (5 %) on gross sales of
Licensed Products over Two Thousand Dollars ($2,000) during the initial year
of z'--is license. Such royalty shall be paid within thirty (30) days after the
firs= anniversary of the effective date of this agreement.
(b) Licensee shall have the right to renew this License Agreement
for additional periods of one year each by paying to Edina a license renewal fee
of Iventy Five Dollars ($25) prior to the anniversary date commencing the year
for which renewal is desired. In the event of renewal, Licensee agrees to pay
a royalty of Five Percent (5%) on gross sales of Licensed Products over Five
Hundred Dollars ($500) during the subject renewal year. Such royalty shall be.
paid within thirty (30) days after the end of the subject renewal year.
(c) For purposes of this License Agreement, a Licensed Product
shall be deemed to have been sold when billed out, or if not billed out when
delivered, or when paid for if paid for before delivery.
4. Licensee agrees to maintain quality in the manufacture and sale
of Licensed Products and the use of the Edina Logo commensurate with the
business position of the parties involved. Edina reserves the right to inspect
the quality of the Licensed Products and the use of the Edina Logo by Licensee
to insure that the quality and use is as above required. Edina shall have sole
discretion in setting standards regarding quality of the Licensed. Products and
use of the Edina Logo.
5. Licensee agrees to make verified reports within thirty (30) days
after the anniversary date of each year of this agreement stating the gross
sales of Licensed Products for the previous year and paying the royalty due
thereon.
6. Licensee agrees to keep records in sufficient detail to enable
the gross sales of Licensed Products and royalties payable hereunder to be
determined, and such records shall be available for examination by Edina once
each year during normal business hours to verify the accuracy of the reports
submitted pursuant to paragraph 5. Such examination shall be at the expense of
Edina unless an error of greater than Three Percent (3%) is found in Licensees
favor, in which event the cost of the examination together with the additional
fee shall be paid for by Licensee.
7. In the event that Licensee violates this agreement in any way,
Edina may cancel the license granted herein by giving written notice to Licensee
of the violation. In the event Licensee does not correct or eliminate the
violation within sixty (60) days from the date of receipt of said notice, Edina
shall have the right to immediately terminate such license.
8. Unless sooner terminated as provided in paragraph 5 above, this
License Agreement shall extend for a period of one year from the date hereof
and shall be renewable for additional one year periods by Licenses upon timely
pa;L.ent of the annual License Renewal Fee specified in paragraph 3.
-2-
I
9. All license fees and royalties that are not paid when due
shall bear interest at Eight Percent (8%) per annum from due date until
paid. Licensee agrees to pay all costs incurred by Edina in collecting
any license fees or royalties due hereunder, with interest, and in enforcing
any other provisions of this agreement, including attorneys' fees, and
whether suit be brought or not.
10. The license granted herein is personal to Licensee and shall
not be assignable or transferable in any manner whatsoever, except by
written consent of Edina.
Date:
Date:
11. The effective date of this License Agreement shall be
.
-3-
CITY OF EDINA C "Edina")
By.
Its Mayor
Its Manager
Its City Clerk
By
Office:
( "Licensee ")
�,CARNEY
INSULATION CORP
• OFFICE, 4930 W 77TH ST.. P.O. BOX 35236. SUITE 359. MPLS„ MN 55435. (612) 835-3-717
t
• PLANT, P 0 BOX 1237, MANKATO. MN 56001. (507) 345 -5035
i
I
l
April 17, 1978
Edina City Council
4801 W. 50th St.
Edina, M 55+35
Gentlemen:
Re: Normandale Construction
I am writing you at the suggestion of the State
Highway Department and the Edina Engineering Offices.
I have learned through discussions with construction
officials, that the sound barrier on the east side of
Normandale is to end at the middle of 69th street, mainly
because of the church located on 70th street.
My home is located at 6821 Normandale which is the
corner lot north accross 69th street from the church. I
purchased this fine old home last summer. Since my driveway
was drastically effected by the highway construction, I
have invested considerable money in remodeling.
I am very concerned about the noise that will be
generated by accelerating cars moving up the ramp from
70th, and the discomfort it could cause at my property. I
feel strongly that the noise barrier should be extended
further to the south, perhaps 150 feet, to adequately
handle noise problems.
As noise barriers are erected for the main purpose
of noise control, other considerations must be secondary,
including astheti.cs and advertising. Further, since noise
is not concerned with lot boundaries, it certainly is
necessary to construct the barriers in a way that will
afford the best control for the properties affected , lot
locations grid biii.ldings notwithstanding.
manufacturers of `„ ",:,k gar lao
I NSULATION
D
l
f /
The original plan set forth by the State was to have the
barrier run 200 feet south of its present planned terminal.
Apparently this plan was for the benefit of all property owners
in the area-
With these facts in mind, I respectfully request your
consideration and help in this matter.
S
Ra�r .'Wallentine
6 2 Normandale Blvd.
Ed' a, MN 55+35