Loading...
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, i I r T; sly V N 1 O hr X17 `.y •1 �.., ."�. � -r ., _ . 4 - PL "'ok F-% r% �4 w'tN C 0;4P LE X, ;,r` rf `1 ,.• WILD FLOWER . ;) '`j .',ti•�,..)>>` ;' SANCTUARY (� RAE N1 A R F-' •�, 1 V 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 My 0 r (signed) i1,0'U?VCE B, City Clark 176-j6 . • 1. (D C; Pz,"� fl 011 MAP HYDE •"" 4RK ;i. f BONN; AE 01~ cr u W Z J o :t•. •�,- `�:,:��" -tip � ': I LO W V 2 < b L Q Y 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 $raemar Hills 9th Addition in order to provide a more suitable lot arrangement in that subdivision. 4. the property south of the subject property (i.e. the remainder of Tract D) in control of the proponent should be included in the proposed subdivision and identified as an outlot. In addition, the easterly one -half of Shaughnessy Road (which is presently a half street) should be dedicated at that time. . 1.00:AT6ON MAP SARK C Iy DON AE i N W Z V 2 � � t Q S M it W ��rVVV�� -VVV a 0 V y DEWEY HILL 2nd ADDN REQUEST NUMBER: S -78 -9 LOCAT1ON:N. Of W. 78th, W. of Braemar PaM ana S. 01 DeMy RZI . REQUEST: 50 lot sinde filmilv subdivision r 1 • 1 yjjLr_Kr piaiiilitts den$ -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 s , HILL x D. D W MYOE I •t:::':: S'i-::: ��' W PARK i � DONNA AE .... / / / � � �!i ~i:':�'�'•. oo (D o 9 =) CIE a x N � � I `I_ 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 o • e e • • e • • • • o • o••• o o s•• • • v • • • o o e ****see • o o • o • o e • • • • • v e • • o o • • s • • o s • • •o• 0••••00•••••••••••o•••ooe•• • o • o o • s • • • o • • • • o • s• e•• o e• o• o s• e e • o v • e • o • • • o • • • • o e eee0v °e0o•••e•eoo e v o••• e o• e••• e e o e • • • o e s • • • o • • • 466000 • • o o• s• o•• e o••• 0 /9909v o e oe• o e• o o s••••• o e • e o ••• s o o•••• v e e . 0 • e e e e o• o• o• 0 e s o 0 6 ° e eee•e•e••ve0•oev•••oeoe0•00e • o•• o o e• o s o• e s o e o 00.0 °0e• °e•• °0v•oeoco • • • • s • e o e • e • • • o • • • •o••e•oe• °•oe••ee •0.00.0.0••••00.00 ° • • • • • e e v e s o • e • s • • e0e0.0e0o0.0.0 -• • • • e v••• e• 0• o o• e o 51.7 %0 • o s • • • • • • • • • ° o • • • O O • • O O O • • • ;�;e e • o • o • • e • • • o • 0000909900 • • O e o s • • • e e e ••0•e °°•e e O • • • • • • s • • • • e • • • e • o • s o • 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 • + • • • • O O • 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