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Home My WebLink About1978-12-18_COUNCIL MEETINGEDINA CITY COUNCIL REGULAR MEETING DECEMBER 18, 1978�, 7:100 P.M. ROLLCALL MINUTES of November 6., 8 and 20, 1978,.approved as submitted or corrected by motion of , seconded by RECOGNITION OF MR. ROBERT SNYDER, SERGEANT GEORGE BUTLER AND MR. ROGER HOBSON I. PUBLIC HEARINGS ON PLANNING MATTERS Affidavits of Notice by Clerk. Presenta- tion by Planning Department. Spectators heard. First Reading of Zoning Ordi- nance-'requires offering of Ordinance only,. 4/5 favorable rollcall vote to pass 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. Zoning Change 1. First Reading;;. * a. Kerr Companies - R -1 Residential District to 0 -2 Office District - Located at 4917 Eden Ave. - Z -78 -8 (CC- 12/4/78) * b. George W. Baird House (Historic Name) - R -1 Residential District to Heritage Preservation District - 4400 W. 50th St. - Z -78 -13 (10/19/78) . B. Appeal from Board of Appeals and Adjustments Decision * I. William and Bernice Jackson - 5660 Woodcrest.Dr. (Lot 16, Block 3, Colonial Grove,,Sixth Addition) - 6.1% Lot Coverage Variance (320 square feet) * C. Preliminary Plat Approval 1. Joys Edina Manor - Lot 11, Block 2, Richmond Hills 2nd Addition (loc- ated at 5236 Richwood Drive - S -78 -18 (11/.29/.78) II.. SPECIAL CONCERNS OF RESIDENTS III. AWARD OF BIDS AND QUOTES Tabulation.and Recommendation by City Manager. Act - ion -of Council by Motion. * A. Well Bids - Braemar Golf Course * B. I.B.M. Typewriters * * * IV. RECOMMENDATIONS AND REPORTS A. Reallocation of Year IV Community Development. Funds - Morningside School B. Feasibility Report - Set Hearing Date - St.S -161 Tower St./Concord Ave. Area C. Public Safety Salaries D. Cable TV E. Community Health Services Contract - 1979 F. End of Year Meeting Date - Dec..28, 4:00 p.m. V) G. Special Concerns of Mayor and Council H. Post Agenda and Manager's Miscellaneous Items City Cot.nicil A�,,ciid.i Ducember. 18, 1978 Page Two V. ORDINANCES First Reading requires offering of Ordinance only. 3/5 favorable rollcall vote to pass Second Reading. 4/5 favorable rollcall vote it Second Reading should be waived. A. First Reading 1. Mandatory Retirement Ordinance (Continued from 12/4/78) (Continue to 1/8/78) 2. Bingo Ordinance (Continued from 12/4/.78) VI. RESOLUTIONS A. Municipal State Aid Funds for York Avenue Signals VII. FINANCE A. Transfer from Golf Course Fund to Arena Reserve for Debt Service - $52,300 B. Claims Paid - Motion of , seconded by for payment of the following claims as per Pre -List: General Fund, $818,707.03; Revenue Sharing, $310,359.10; Poor Fund, $90.95; Park Fund, $267,145.73; Art, Center, $7,883.91; Park Construction, $207,693.96; Park Sinking, $226,498.05; Swimming Pool, $5,034.60; Golf Course, $56,269.00; Arena Fund, $75,904.38; Gun Range, $2,708.05; Water Works, $55,642.40; Sewer Rental, $9,676.25; Liquor Fund, $625,381.43;Construction Fund $2,130,408.78; PIR, $3,452.00; SS 453, $577.15; IBR, $38,183.92; IBR #2, $1,750,287.50; Total, $6,591,904.19; and for confirmation of payment of the following claims: General Fund, $22,000.79; Park Fund, $158.00; Art Center, $28.72; Park Construction, $14,610.69; Golf Course, $1,292.82; Arena Fund, $645.96; Gun Range, $60.07; Water Works, $1,777.28; Sewer Rental, $26.28; Liquor Fund, $132,994.13, IBR, $12.28, Total, $173,607.02. t C "HON M-AP ,.4 A I - zoning GEORGE W. BAIRD HOUSE REQUEST NUMBER: B-78-13 LOCATION: 4400 West 50th Street REQUEST: R -1 to R -1 and HPD flerita,e Preservation District. E COMMUNITY DEVELOPMENT STAFF REPORT October 25, 1978 .2-78-13 George W. Baird House (Historic name). Dickenson G. Wiltz House (Common name). 4400 West 50th Street. REQUEST: Heritage Preservation District Designation. R -1 to R -1 and HPD The Edina Heritage Preservation Board has recommended that the City designate the Baird House a Heritage Preservation District. Mr. Wiltz, the owner, has indicated that he does not oppose this designation. The history and significance of the structure is contained in the attached nomination to the National Register of Historic Places and the HPB Statement of Significance. The HPD zoning will identify the site on maps and official documents, require adequate maintenance of the property, and require a permit from the Heritage Preservation Board for any physical modification to the property that will alter its appearance or historical significance. The Edina Historical Society and the Minnesota Historical Society will be consulted prior to a City Council hearing on the matter. HS: j t _ 10-20-78 • EDINA HERITAGE PRESERVATION BOARD STATEMENT OF SIGNIFICANCE Case Number: z -78 -13 Historical Name: George W. Baird House Common Name: Dickenson G. Wiltz I1ouse Location' 4400 West 50th Street Legal Description:The south 295 feet of the east 200 feet of the west 630 feet of the north -east one quarter of Section 18, Township 28, Range 24_, Hennepin County, Minnesota. HPB Approval Date: The Heritage Preservation Board has made the following findings: ` 1. The physical nature of the buildings, lands, areas or districts to be rezoned 0 Is important to the visual character of the city or the history of the city. 2. The physical significance of the buildings, lands, areas or districts to be rezoned could be destroyed or diminished by improper modifications, or mainte- . . nance and therefore regulation is necessary. 3. The overall condition of the buildings, lands, areas or districts is: i - (a) EXCELLENT means that there is no apparent need for routine maintenance (a) Q work or repairs. •. _ s i (b) GOOD means that there is no apparent need for major repairs, but that (h) 0 the property is in need of routine work such as painting. • (e) FAIR means that the property is in need of repairs other than routine (C) maintenance work. _ (d) DETERIORATED means that the property is in need of extensive major repairs. (d) L� `. 4.•'The criteria established by Ordinance No. 802 is satisfied because the buildings, lands, areas or districts: ' (a) exemplify or reflect the broad cultural, political, economic or social history of the nation, state or community; or • (b) are identified with historic personages or with important events in national, (b) state or local history; or' (c) embody the distinguishing characteristics of an architectural type specimen, (e) 0 inherently valuable for a study of a period, style, method of construction, or of indigenous materials or craftsmanship. 5. The buildings, lands, areas, or districts are:* (a) listed on the National Register of Historic Places or (a) u (b) consistent with the Edina Criteria for Evaluation of Heritage Significance. (b) Supporting evidence of findings.are attached. Its Chairman 4XI VIC 4, 'A Rw, EIZIM E ALM" CT T .4,1i 2,lz . " �4' - �- I --, ;�. ve VP .,®r � • V: M lic IF Al 99 sac "OU is t7gi 53N �' sy%' '9 lipp, sk� - : Fibmi No 10 1 DO ,D 141 �Atl� 11NIlEUtiI \IL.�I)I.I': \111�91'.NI UI 1111 IN11.R10A NATIONAL PARK SERVICE NATIONAL REGISTER OF HISTORIC PLACES . INVENTORY -- NOMINATION FORM it FOR NPS USE ONLY RECEIVED DATE ENTERED r_ SEE INSTRUCTIONS IN HOW TO COMPLETE NATIONAL REGISTER FORMS TYPE ALL ENTRIES COMPLETE APPLICABLE SECTIONS HISTORIC George W. Baird House AND /OR COMMON ®LOCATION SIREF I & NUMI11 R 4400 West 50th Street _ NOT FOR PUBLICATION CITY. TOWN CONGFIFSSIONAL DISTRICT Edina_ VICINITY OF STATE CODE COUNTY CODE Minnesota Hennepin CLASSIFICATION CATEGORY OWNERSHIP STATUS PRESENT USE DISTRICT PUBLIC XOC.CUPIED __AGRICULTURE ..MUSEUM X. BUILDING(S) X PRIVATE _ UNOCCUPIED - COMMERCIAL _.PARK • - STRUCTURE - ._BOTH -WORK IN PROGRESS - EDUCATIONAL XPRIVATE RESIDENCE _ -SITE PUBLIC ACQUISITION ACCESSIBLE - ENTERTAINMENT _RELIGIOUS -- OBJECT IN PROCESS RYES RESTRICTED - GOVERNMENT - SCIENTIFIC -BEING CONSIDERED -._YES UNRESTRICTED _INDUSTRIAL - TRANSPORTATION -NO - MILITARY -_ OTHER: ffj3OWNER OF PROPERTY NAMF Mr, and Mrs. Dickinson G. Wiltz STREET & NUMBER - - -- - - -- - - - - -- - 4400 West 50th Street CITY TOWN STATE Edina VICINITY OF Minnesota ®LOCATION OF LEGAL DESCRIPTION COURTHOUSE REGISTRY OF DLFDS.ETC STREEI & NUMBI R Register of Deeds, Hennepin County Government Center 300 South Sixth Street Cllf [OWN STATE Minneapolis, Minnesota gem REPRESENTATION IN EXISTING SURVEYS TITI( None l)A 1 f UF Pfi 51TT)N'/ IriH - SUhVL f W f OIII,'.. LI7Y TOWN FEDLHAL SIAIE COUNIY - -LOCAL -. .. - - - -- STATE DESCRIPTION CONDITION CHECK ONE CHECK ONE _.EXCEL LENT _.DETERIORATED UNALTERED !ORIGINAL SITE XGOOD _RUINS !ALTERED _MOVED DATE _FAIR __UNEXPOSED DESCRIBE THE PRESENT AND ORIGINAL (IF KNOWN) PHYSICAL APPEARANCE The George W. Baird House is situated on a large lot on the north side of West 50th Street in Edina. it is a two story.brick residence done in the Queen Anne style of architecture. Features typical of the Queen Anne style appear throughout the residence including a square corner tower with pyramidal roof:, projecting attic gables, patterned shingles, carved wood panels, windows with small square lights and tall sculptured brick chimneys. The foundation of the house is of native Platteville limestone with a water table course of Mankato stone directly above. Mankato stone also appears as .a belt - course over the paired first story windows of the tower and over the landing windows on the east elevation. Window sills throughout the house are also of Mankato stone as well as the lintel inscribed "1886" over the second story tower window. The brickwork throughout the house is of a red pressed brick laid with thin buttered joints. Very few changes have been made to the exterior of the house. The multi - colored slate roof on the tower has been replaced with black asphalt shingles. An attic dormer on the front of the house has been removed. The scrollwork on the front porch has similarly been removed, however, the porch roof with carved wood gable remains intact. A wood frame summer kitchen at the rear of the house was replaced in 1969 with a one -story family room addition which is sympathetic with the details and materials of the original house. Ancillary structures including a barn and windmill have been removed. On the interior very few changes have been made and much of the interior wood- work is intact. Original hardware and light fixtures also remain. The woodwork in the front entryway and dining room wainscot is of brown ash. The stairway to the second floor is of white oak. The woodwork in the parlor is of cherry. Light fixtures in the dining room as well as the upstairs hall are original to the house. All radiators are also original except for the kitchen and upstairs rear bathroom. The house was one of the earliest to have steam heat. The kitchen has been remodelled several times, most recently in 1963. The house was acquired by its present owner in 1960 and has been carefully preserved. U 51UNl1' 116ANUL PERIOD AREAS OF SIGNIFICANCE CHECK AND JUSTIFY BELOW _.- PREHISTORIC -. ARCHEOLOGY PREHISTORIC .. ___COMMUNITY PLANNING - LANDSCAPE ARCHITECTURE _RELIGION __1400 -1499 __ARCHEOLOGY HISTORIC _.CONSERVATION -LAW - SCIENCE — 1500.1599 X_ _AGRICULTURE __ECONOMICS — LITERATURE _SCULPTURE _.16001699 X ARCHITECTURE — EDUCATION _MILITARY —SOCIAL/HUMANITARIAN 1700 1799 ART ENGINEERING _MUSIC _THEATER X1800.1899 - ._.COMMERCE XEXPLORATION /SETTLEMENT ,PHILOSOPHY _TRANSPORTATION _1900 _COMMUNICATIONS — INDUSTRY —POLITICS/GOVERNMENT _OTHER (SPECIFY) _.INVENTION SPECIFIC DATES 1886 BUILDER /ARCHITECT Charles S. Sedgwick STATEMENT OF SIGNIFICANCE The George W. Baird House is a fine example of a Queen Anne style residence and the only structure of its kind in Edina. Designed by the noted Minneapolis architect, Charles S. Sedgwick (1856- 1922), the original plans for the house are in the possession of the present owner. Sedgwick established an office Minneapolis in 1884 and designed a large number of buildings, the majority of which were residences. His buildings were characterized by complex plans and agitated outlines. "They make use of many materials, are strongly chromatic, profusely ornamented and incorporate details from a great variety of stylistic sources" Sedgwick's residential designs tended -to be pretentious with little regard to their size or cost. The Baird House represents one of the earliest houses he designed in this area. George W. Baird was an important figure in the early days of Edina. A native of Pennsylvania, he came to Minnesota in 1857 and purchased a farm of 120 acres in what was the rural township of Richfield (now Edina). In the spring of 1860 he imported the first Spanish Merino sheep brought into the state. He sold the .first fleece of fine wool in Minneapolis receiving 95 cents per pound. Later he concentrated his efforts in raising fine Cotswold and Lincoln grades of sheep receiving first prizes at the Minneapolis Exposition of 1880. Both George W. Baird and his wife, Sarah (Gates) Baird were active in the Grange. They were charter members of the Minnehaha Grange No. 398 formed in Edina in 1873. Both served at various times as Masters of this Grange (George W. Baird, 1877 -79, 1900 -04, 1908, Sarah G. Baird 1894 -97). Sarah G. Baird also served as State Master of the Minnesota Grange for 18 years. ' In 1888, George W. Baird was one of the members of a committee of five who were responsible for the formation of the Village of Edina when it seceded from Richfield. MAJOR BIBLIOGRAPHICAL REFERENCES Neill, Edward D., History of Hennepin County and the City of Minneapolis, Minneapolis, North Star Publishing Co., 1881, p. 216 Torbert, Donald R., Minneapolis Architecture and Architects, 1848 -1908, Doctoral Thesis, University.of Minnesota, 1931, p. 444 Baird, Sarah G., Papers, 1870, 1882 -1918, Manuscripts Division, Minnesota Historical Society. [M GEOGRAPHICAL DATA ACREAGE OF NOMINATED PROPERTY 1.1 Acres UTM REFERENCES AL_,_jIltl�tllrlt'lttl BI_,_1 Irl rlttl C ZONE i Ai T'N i 1 NORTHING ZONE EASTIN NORTHING W I1 11 lttl DL._..-1IIiI I tlltl,IIII VERBAL BOUNDARY DESCRIPTION LIST ALL STATES AND COUNTIES FOR PROPERTIES OVERLAPPING STATE OR COUNTY BOUNDARIES STATE CODE COUNTY CODE STATE CODE COUNTY CODE own FORM PREPARED BY ' NAME/TITLE Foster W. Dunwiddie _ December 6, 1977 ORGANIZATION GATE Edina Historical Society 926 -3008 TELEPHONE STREET & NUMBER 4801 - West 50th Street STATE CITY OR TOWN Edina, :;innesota 55424 ®STATE HISTORIC PRESERVATION OFFICER CERTIFICATION FHE EVALUATED SIGNIFICANCE OF THIS PROPERTY WITHIN THE STATE IS: X NAIIONAI -_ SIAII LOCAL As the designated Slate Historic Preservation Officer for the National Historic Preservation Act of 1966 (Public Law 89 665). I hereby nominate this property for inclusion In the National Register and certify that it has been evaluated according to the criteria and procedure%%#!I foilh by the National Park Service. STATE HISTORIC: PRESERVATION OFFICER SIGNATURE TITLE NPS USE ONLY I HEREBY CERTIFY THAT THIS PROPERTY IS INCLUDED IN THE NATIONAL REGISTER DATE DATE __ DIRECTOR. OFFICE OF ARCHEOLOGY ANU HISTORIC PRESERVATION PATE ATTEST KEEPER OF THE NATIONAL REGISTER tdlaa a# spy 4801 West 50th St. Edina, Minn., 55424 A HISTORY OF THE BAIRD HOUSE George Baird built this house in 1886 for his bride, Sarah Blaislell, a Minneapolis school teacher. The Baird farm extended from 44th Street'to 50th, and from France to Wooddale. The 160 acres pastured Holstein cattle, sheep and hackney horses.. According to his great- niece, Mrs. Miriam Burr Agather, Baird was the first farmer to bring sheep into Minnesota. He also owned the Richfield Mill. In its 86 ,years, the house ra.s had only three owners -- the Bairds, the Henry. W. Darr family, and the Dickenson C. Wiltz family. After Mr. Baird.'s death in the early 1900's, Mrs. Baird spent her winters living at the Curtis Hotel. She lived in the house only during the summer months. After her death in 1924, the house stood vacant for several years. Henry W. Darr purchnied the house in 1928. Thorpe Brothers bought the farm acreage to develop ghat became the Country Club area. The area which is now Edina Court then hell the cattle and sheep barns, storage facilities, etc. These buildings were torn down in the mid 1101s. Edina Court was developed in 1940. The Darr's sold the house to the Wiltz's in lg60. Very few changes were made in the house during the time the Darr's owned it. They did add some plumbing and steam heat. Some of the floors were also restored. Henry Darr's grandson, Robert Darr, remembers the down- stairs study was used as the Baird's bedroom. They had no children, and the upstairs bedrooms were for the most part used for storage. One up- stairs, bedroom, the front east room, was used for a guest room. This handsome Victorian house was built with fascinating detail, and quality workmanship characterizes the architecture inside and out. The following information will be of interest to you as you tour the house: As you enter the vestibule, you will see the original parquet flooring. An umbrella stand in the vestibule was originally in the house. Woodwork is brown ash; stairway is white oak. Note the hardware en the doors, etc. The grandfather clock is from the old Colonial Inn. The parquet flooring in the hall and formal parlor was laid in 1966. Woodwork in the parlor is cherry. The doors, however, are cherry on one side and ash on the other. All radiators in the house are original, except for the kitchen and upstairs back bathroom. The house was one of the earliest to use steam heat. To the living room has been aAded a bookcase which was made from leaves of the original dining room table. � d . 04 The dining roam light fixture is the original. A closet in this room was originally a carriage entrance. Wainscotting is brown ash. The study (former bedroom) has built -in drawers in the walls and closet. The adjacent bathroom has its original fixtures, except for a copper tub which was removed. The upstairs hall also has its prig. nal light fixture. Guests used e bell in the hallway to summon servants. Note transoms in the bedrooms. The front upstairs bathroom was added in 1967. This was previously a closet and dressing room. The_ back bathroom was originally a cedar storage C�oset. The kitchen has been remodeled several times, most recently in 1963. Originally a staples pantry covered the east end of the kitchen as a separate room. The floor is the original hardwood maple floor. The hood is vented inter the chimney, built only to rent the cook- stove. The door into the family room originally opened into a shed built into the back of the house. The family room was added in 1969. To the west of the room is a patio built from bricks taken off the former shed. In the yard is the original well site; however, all stone work to be seen has been added. A pond has been added to the front walk. The railing around the pond is from the old Metropolitan Building. In the.nottheast garden are seats from Durwoody House. * et * * * is * r' K The Edina historical Society wishes to thane: you for your interest in attending our tour and old - fashioned ice cream social. We welcome new members, and if you are interestAd in more information please contact our membershin chairman, Mr. Paul Mucke - 922 -2328. I .... —. ' h : '�%:1',L'J '� :d..:t .A(J per• • ', ' - : _ r' r t = ' -k44- j Dorr in the firm of Dorr and Dorr. The elder Dorr . was an admirer of Sullivan, his building for the �•. � ,. Forman -Ford Company at 113 -117 Second Street South (1909) . is based on Sullivan's design for the Gabe Building at Chicago.r ►�. Biographical information on A. L. Dorr has been obtained from his architect son, William G. Dorr. ' r xIx CHAPMES S. SEDGrrICK 1856 -1 °22 Charles S. Sedgwick was born at Castile � p' New York, on May 9, 1856. He was educated in the public schools at hio and Oberlin,, � , graduated from ; •'��.:,:: high school at Poughkeepsie, . New York. On moving to Binghampton, New York, in 1872, Sedgwick entered the employment of the architect, Isaac G. Perry, who was later to head the commission for the construction of the Capitol at Albany. Sedgwick remained with Perry for eleven years, rising from apprentice to foreman : It '• , . draftsman, and assistant in charge of buildirib com- ; Missions. While with Perry in 1882 -83, Sedgwick superintended the building; of the L`Chavlanr_a County Courthouse at Scranton, Pennsylveniae 17hen Sedgaick i� a N'!5�3E*`+� +=,' i�' Sl'' A: �=± 1�i�+ �' s` �l a.-;, ,►,'�`,�'':?;.'.sY.�c`�- • -7..y, ..�,�:,.v: -V15- left the employment of Perry at the end of 1883, Perry testified to his complete competence in every branch of design and building; construction. ' Sedgwi.ck established a Minneapolis office in 1884 and continued to practice until near the time of his death, which occurred on Larch 12, 1922. Sedgwick designed buildings, which exist in large numbers, correspond more closely in their de- sign to popular conceptions of late nineteenth century building than do those of any other Minnea- polis architect. His buildings are almost invariably complex in.plan and agitated in outline. They wake use of many materials, are strongly chromatic, profusely ornamented, and incorporate detail from a great variety of stylistic sources. There is no doubt that Sedgvick buildings were much admired; his prac- tice was large. The majority of Sedgwick's commis- sions viere for residences, which tend to be preten- tious without regard to their size . or cost. In addi- tion to the 11inneapolis buildings noted in this study, SedgwicIl. was the architect of the ,Andrea Presbyterian and Part: Avenue Congregational Churches, the first three stories of the Dayton Company store at Nicollet Avenue and Seventh Street, and of the old Y.Y. G.A. buildins which stood at LaSalle Avenue and Tenth Street. i _.. -446- The Sedgwick Papers in the Linnesota His - t, torical Society state that he drew house plans and emote articles that were syndicated in South American newspapers. Around the turn of the century, Sed wick, with Glenn L. Saxton, published a number o f plan books on small homes, churches, and store buildings. According to the Isinneapolis Journal for April 9, 1904, the sixth edition of a Sedgwick -. Saxton Plan Book, consolidated and enlarged, was published at that time. None of these lan books 4 : . was entered at the Library of Congress, and no �. copies of them have been located. r Biographical information on Sedgwick has .,'.�.;. been obtained from: the Sedgwick Papers in the Manu- script Collection of the Minnesota Historical Society; the Idinnesota Department of Vital Statistics. XX WALTER ST017E PARDEE 1852 -1925 �� . '�; r•;± Walter Stone Pardee was born at New Haven, fj ` Connecticut in 1852. IJothing is knovin of his early :E youth. He was among the students enrolled in the preparatory department of the University of Linriesota in 1868. In 1877 Pardee was the sole graduate of the w._ _ MINUTES OF THE REGULAR MEETING OF THE EDINA HERITAGE PRESERVATION BOARD HELD TUESDAY, SEPTEMBER 19, 1978 AT 7:30 P.M. EDINA CITY HALL COUNCIL CHAMBERS Members Present: Chairman Foster Dunwiddie, Frank Thorpe, Paul Muche, Betty Paugh, Maryanne Herman, Gordon Stuart. Staff Present: Harold Sand I. Approval of the Minutes Mr. Sand indicated the minutes for August 24, 1,978 were not available. Mr. Muche moved the minutes be continued until October 12, 1978. Mrs. Herman seconded the motion. All voted aye; the motion carried. II. Baird House. 4400 West 50th Street Mr. Dunwiddie said that this item was last considered by the Heritage Preservation Board on June 8, 1978; the matter was continued until the September meeting at the request of the present owner, Mr. Dick Wiltz. Mr. Sand said that Mr. Wiltz was notified of this meeting and that Mr. Wiltz indicated he may or may not attend. Mr. Wiltz has completed the purchase of his new home in Minnetonka. However, he had not sold the Baird House. .Mr. Sand said that Mr. Wiltz indicated to him that he would not oppose the designation of the Baird House as a Heritage Preservation District which is consistent with his statements at the June meeting. Mr. Stuart inquired if the property was listed on the National Register at this time. Mr. Dunwiddie -said that it has been nominated and the nom- ination was filed with the State Historic Preservation Officer. However, the State Review Board has not reviewed the nomination because they have been concen- trating on other areas of the state. Mr. Thorpe inquired if Mr. Wiltz had any proposal for an adaptive re -use of the property. Mr. Sand said that he has not received any more inquiries. The Board generally discussed the - merits -of an. adaptive re -use of the property. They decided they would not formally address the issue without a concrete proposal. However, the concept will tend to enable the owner to provide rehabilitation and maintenance of the property. Mr. Stuart moved that the Board find sistent with paragraphs (b) and (c) of the Criteria for Significance, and that the Board adopt the statement of findings for numbers 1, 2, 3.b, 4.b and c, and 5.b, and the property is designated a Heritage Preservation Dist the motion. All voted aye; the motion carried. that the property is con - Evaluation of Heritage significance with affirmative therefore recommend that rict. Mrs. Paugh seconded Minutes of the October 25, 1978 CD and PC Meeting Page 6 Hughes moved the item be continued to the November 29th meeting. The motion was seconded by Gordon Johnson. All voted aye; the matter wa's continued. III. New Business: S -78 -16 Hanson Estates. Generally described as the southeast quarter of Section 8, Township 116, Range 21; located north of West 78th Street, east of Marth Court, and west of Shaughnessy Road. Gordon Hughes informed the Commission that Mr. Hanson requested the item be continued for one month. Del Johnson moved the Commission delay consideration of this request to the November 29th meeting. Sam Hughes seconded the motion. All voted aye; the matter was continued. Z -78 -13 Baird House. (Dickenson Wiltz House) 4400 West 50th Street. R -1 Single Family District to R -1 and HPD - Heritage Preservation District. Gordon Hughes explained that this house, located on the north side of 50th Street, had been considered on several occasions by the Heritage Preservation Board for designation in the special zoning district for that purpose. He introduced Mr. Foster Dunwiddie, chairman of that board, to give a presentation and recommendation on the Baird House. Chairman Lewis asked if the district bought the house or if it still remained a private home. Foster Dunwiddie replied it still would remain a private home. Feeling that the-Baird House has both historical and architectural significance, Foster Dunwiddie outlined a brief history o1" George and Sara Baird and their home. Noting in June the house was nominated to the National Register of Historic Places, Mr. Dunwiddie shared with the Commission the Heritage Preserva- tion Board's rational for their recommendation: 1. The physical nature of the building is important to the visual character of the City as well as the history of the City. 2. The physical significane of the house could be dimin- ished, damaged or destroyed by improper modification or maintenance. •3. .The house is in good physical condition with need for only minor repairs such as painting. 4. The house is also identified with historic personages important -to local history. Minutes of the October 25, 1978 CD and PC Meeting Page 7 5. The house embodies distinguishing characteristics of,an architectural type specimen. Dave Runyan asked if the rezoning to Heritage Preservation District also put restrictions on what could be done to the inside of the house. Foster Dunwiddie clarified that in this case the zoning would affect only the exterior modifications. Dave Runyan moved the Commission approve rezoning of the Baird House to R -1 and HPD. Len Fernelius seconded this motion. All voted aye; the motion carried. IV. Next Meeting Date: November 29, 1978, at 7:30 p.m. V. Adjournment: 9 p.m. Respectfully submitted, g � Judy Teichert, Secretary a' (Uh -.F, --D sub, JOYS EDINA W-NOR REQUEST NUMBER: 5 -78 -18 LOCATION: 5235 Richwood Drive REQUEST: NORTH village planning depgrir`le 1 v {l��o mdi A I COMMUNITY DEVELOPMENT STAFF REPORT November 29, 1978 S -78 -18 Joys Edina Manor. Generally located at 5236 Richwood Drive. Lot 11, Block 2, Richwood Hills Second Addition. REFER TO: attached graphic, subdivision dedication report The subject property is a 33,850 square foot single family lot located on Richwood Drive. This lot is located within Richmond Hills Second Addition which was platted in 1951. This subdivision contains 38 single family lots. Most of these lots are 10,000 to 15,000 square feet in area with the exception of the subject property and the lot adjoining the subject property which are 30;000+ square feet in area. The proponent is requesting a two lot subdivision of the subject property. Lot 1 of the subdivision would measure 15,100 square feet and would be retained for the existing dwelling on the lot. Lot 2 would measure 18,750 square feet and would be a new buildable lot. The subject property is - -characterized by steep slopes, i.e. 18 percent, and is wooded. The develop- ment of the new lot would probably necessitate extensive grading and tree removal. Attached is a preliminary subdivision plan dated 1950 for Richmond Hills Second Addition which apparently was used for marketing purposes. This plan illustrates a pond to be constructed on a portion of the subject property and adjoining lots. Although this pond was never constructed, this area does serve as a drainage area for the entire subdivision. However, no ease- ments were granted over this area-and,-,,--to staff's knowledge, no deed restri- ctions or protective covenants were established to preclude the further subdivision of the subject property. Recommendation: The proposed subdivision conforms with the requirements of the zoning ordinance. Required setbacks are maintained for the -existing dwelling on the subject property. Furthermore, the lot sizes proposed by the subdivision are similar in size to the other lots in the neighborhood. .Staff is concerned that, due to the topography of the site, the development of Lot 2 could adversely affect the storm water storage and drainage area of the neighborhood. The proponent has -shown 20 foot wide drainage easements along the side and rear boundaries of Lot 2'. Based upon field surveys, staff --would recommend that a 45 foot wide easement- should be granted along the rear property line to ensure proper water storage and drainage and to prevent storm water problems on adjoining lots. Staff notes, however, that this Community Development Staff Report page 2 S -78 -18 November 29, 1978 easement area could be reconfigured in order to provide reasonable building site on Lot 2 while still accomplishing the aforementioned objectives. Such an easement area would have to be maintained at its present elevation.. Therefore, staff recommends approval of the subdivision with the following conditions: 1. Subdivision dedication in accordance with the attached report. 2. Delineation of a larger drainage easement on the rear line of Lot 2. GLH: j t 11 -22 -78 t K 1 . y�y r-. '.:ALE ,IN i:CT "�, ',•'�• \red v / O ED 1 L 1 3 ! 9 Scale: t'=40' Proposed:__) 0 Y SE_D_I N A Description: Lot 11, Block 2, RICHMOND HILLS 2ND ADDITION. Owner: Harold H. Haas Developer! Robert T. Schmidt 5236 Richwood Drive 18207 Covington Road Edina, Minnesota Minnetonka, Minnesota Phone 927 -4458 Phone 935 -3033 Surveyor::Egan, Field & Nowak, Inc. Area of Lot 1 ° 15, 100 square feet 7415 1Yayzata Boulevard Area of Lot 2 • 18, 750 square feet Minneapolis, Minnesota Phone 546 -6837 1 hereby certify that this plat was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. Dated this 15th day of November, 1978. EGAN, FIELD ?, N0►'1AK, INC. Surveyors by -��_ •t.,�(i _� i.` .r,,) 1.6nnesota Registration too. 9053 71k , K 2nD ADDITION .D. )- -9— Vin Cuu— MI—LSUT^ NTATIVE STurY FOP, SUBDIVISION OF PROPERTY P-1—ReD FOR PE AR50N BRO5 EP Mo. LL NCM00 Inc -F-'L v js:-- 455) M 2. A I odI—C EZI, E;J X . C 10 W I Nosam a,., Jule 16.10 jol If TO: Subdivision No. SUBDIVISION DEDICATION REPORT' Planning Commission Park Board Environmental Quality Commission FROM: Planning Department SUBDIVISION NAME: TO y S %� //�i�- /''%&JOA LAND SIZE: d i 7 S SD • FT. LAND VALUE: Z�d (� (By: Date: The developer of this subdivision has been required to A. grant an easement over part of-the land ElB. dedicate $ of the land C. donate $ 5-5,C) as a fee in lieu of land As a result of-applying the following policy: A. Land Required (no density or intensity may be used for the first 5% of land dedicated) j"�j1. If property is adjacent to an existing park and the addition u beneficially expands the park. _0 2. If property is 6 acres or will be combined with future dedications so that the end result will be a minimum of a 6 acre park. j� 3. If property abuts a natural lake, pond, or stream. (_J 4. If property is necessary for storm water holding or will be dredged or otherwise improved for storm water holding areas or ponds. 5. If the property is a place of significant natural, scenic or his- toric value. n 6. e B. ,Cash Required In all other instances than above. Erl - 2. REQUEST FOR PURCHASE Mayor and City Council Dob Kojetin Kenneth Rosland, City Manager V. REQUEST FOR PURCHASE Of ITEM IN EXCESS OF $1,000 y. December 18, 1978 Material Description (General Specifications): Wells for Braemar Golf Course Quotations /Bids: Company 1. -, Bergerson - Caswell,•Inc. 2.. E.. H. Renner & Sons, Inc. Amount of Quote or Bid Base -B.id (2 wells) Alternate Bid (1 well) 29,400.00 $22,800.00 $30,440.00 $23,280.00 3. Keys Well Drilling Co. $37,470.00 $23,985.00 4. Layne Minnesota Co. $45,000.00 $27,175.00 ' Department Recommendation: Bergerson - Caswell, Inc. at Base Bid - .$292400. Department . Finance Director's Endorsement: The recommended bid is is not within the amount budgeted for the purchase. Jj N. Dalen, Finance Director City Ma er's Endorsement: I concur with the recommendation of the Department and recommend Council approve the purchase. 2. I recommend as an alternative: -"'--Kenneth Rosland, Cit -T ager....4 .: REQUEST FOR PURCHASE �-3 TO: Mayor and City Council FROM: Mark Bernhardson VIA: Kenneth Rosland, City Manager SUBJECT: REQUEST FOR PURCHASE OF ITEM IN EXCESS OF $1,000 DATE: December 15, 1978 Material Description (General Specifications): 3 IBM Correcting Selectric Typewriters Quotations /Bids: Company Amount of Quote or Bid 1. IBM $23,430 2. 3. Department Recommendation: Recommend Award of Quotation to IBM as sole supplier of new IBM equipment. Signature Department Finance Director's Endorsement: The recommended bid is -as not within the amount budg d the purchase. /J. N..Dalen Finance Director City Ma er's Endorsement:. 1. I concur with the recommendation of the Department and recommend Council approve the purchase. . 2. I recommend as an alternative: Kenneth Rosland City- Manager TO: FROM: VIA: SUBJECT: DATE: REQUEST .FOR PURCHASE Mayor and City Council Bob Kojetin Kenneth Rosland, City Manager REQUEST FOR PURCHASE OF ITEM IN EXCESS OF $1,000 December 18, 1978 Material Description (General Specifications): Fertilizer for Fairways and Greens at Braemar Golf Course. Quotations /Bids: Company 10 -Turf Supply Company 2. Toro An Fertilizer for Fairways Fertilizer for Greens • Total Fertilizer for Fairways Fertilizer for Greens Total count of Quote or Bid $ 2,700.00 1,160.00 3,860.00 $.2,750.00 1,180.00 3,930.00 Department Recommendation: Turf Supply Company at $3,8,60.00 ._. ig da u e Department Finance Director's Endorsement: The recommended bid is is not within the amount budgeted for the purchase. J. . Dalen, Finance Director City M ager's_ Endorsement: I concur with the recommendation.of the Department and recommend Council approve the purchase. 2. I recommend as an alternative: Kenneth R sland,_City flanager, REQUEST FOR PURCHASE TO: Mayor and City Council FROM: Bob Kojetin VIA: Kenneth Rosland, City Manager SUBJECT: REQUEST FOR PURCHASE OF ITEM IN EXCESS OF $1,000 DATE: December 18, 1978 Material Description (General Specifications): Disc Golf Equipment Quotations /Bids: Co. mpany Amount of Quote or Bid Seasons of Leisure International, Inc. $1,000.00 3. y Department Recommendation: Season of Leisure International, .Inc. at_.$1- ,000.00 ' Sign ure Department Finance Director's Endorsement: The recommended bid is is not within the amount budgeted for the purchase. J N. Dalen, Finance Director City pager's Endorsement: 1. I concur with the recommendation of the Department and recommend Council approve the purchase. 2.• I recommend as an alternative: �) nneth'Rbsland, Mangager To: Ken Rosland, City Manager From: Fran Hoffman, Director of Public Works and City Engineer Subject: Force Account Authorization - Delaney Boulevard Matt Bullock Contracting has some. Granular Fill available at $1.50 per cubic yard. Since we are in need of same for the overburden of the peat soils on Delaney Boulevard, I would suggest award of a force account project up to a total of 6000 cubic yards which is $9000.00. Good fill of this type would cost at least $2.50 per cubic yard in a com- petitive bidding process. U;L_ / . , E®1NA Jr, - ;5•=l WEST 50TH STREET, EDINA. MINNESOTA 55424 612- 927 -8861 December 11, 1978 Mr. Herbert 0. Klossner, Director Hennepin County Department of Transportation 320 Washington Aveneue. South Hopkins, Minnesota 55343 RE: County Project No. 7682,7683, and 7864_ Dear Mr. Klossner: The above projects are traffic signal projects on York.Avenue (CSAH 31) in which the City 'participates through Municipal State Aid Funds. The projects, as we understand, are currently in the bidding process. The City share of cost participation comes from our Municipal State Aid Fund which requires plan approval prior to award of bids.' We request that the award of bids be held until we receive notification of approval from the Minnesota Department of Transportation. We agreed with your Traffic Department to allow bidding process to occur so that funds allocated from 1978 County budget could be committed for the projects-. We would expect to receive State approval for the City share of the Construction Funds within the twenty eight calendar days that County specification states that a bid will be awarded, if it.is to be awarded. Also, County Project 7684 at West 76th Street and York Avenue interfaces with the York Avenue paving job, which Mr. Hughes and I discussed with Mr. Wold and you earlier. We would expect that no signal construction would take place that would require re- construction during the paving job in the Summer of 1979. Thank you for your consideration and we will contact Mr. Hansen the moment the plan approval comes from Minnesota Department of Transportation. If you have any questions, please call 927 -8861. Sincerely, Francis cis J. �f2/,f�E. Director of Public Works and City Engineer CC: Dennis Hansen, Traffic Engineer Ken Rosland, City Manager FJH:lm L) / MINNESOTA STATE AID FUNDS REQUESTED F A- OR X- t,4-A °�" "''�"'y "k� "� TRAFFIC SICNALY As recommended by Mr. Councilwoman Schmidt offered the following resolution 1 and moved its adopt on,4 requesting the de artment of Transportation for use of Minnesota State Aid Funds Off System for J6eh-- -& �York_,Avenue Tr-a•f- f- ic- sig -na.h WHEREAS, it has been deemed ESOLUTION vA�e d advisable and necess ry for t�e�City of Edina to participate in the cost of a construction project located on C.S.A.H. No. 31 Within the limits of said municipality; and WHEREAS, said construction project has been approved by the Department of 1 ansportation and identified in its records as S.A.P. No. 6C0'11/ZO-/- 36-Uz,' -x-20= T NOW, THEREFORE BH' IT RESOLVED that the City of Edina does hereby appropriate from its Municipal State -Aid Street Funds the sum of� �� to apply toward the construction of said pro�ectSand request the Commissioner of Highways to approve this authorization. Motion for adoption of the resolution was seconded by Councilman Shaw. Rollcall: Ayes: Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. Er.. "I , E D I N A -:801 WEST 50TH STREET. EDINA. I'AIN ;ESOTA ;5424 612- 927.8861 December 18, 1978 Mr. George Hite, Chairman Edina School Board Independent School Dist. 927.3 5555 West 70th Street Edina, MN 55435 RE: LIFE SAFETY REMODELING: Dear Mr. Hite: As you know, the City of Edina Fire and Building Departments have been making Code Compliance Inspections on the various buildings within the school system. Our main concern has been directed toward the life safety features of the buildings to ensure safe exiting of the occupants under fire or emergency conditions. Our inspections are based on the Uniform Building Code (Minnesota State Building Code) and enforcement would he Tinder City of Edina Ordinance #471. The areas of the schools involving life safety remodeling would be corridors, H.V.A.C. systems and unenclosed stairways over two stories In height. Our position is that the life safety remodeling in the various schools must be done. Ile do however, realize that it will take some time to accomplish this. The tentative schedule, proposed by nr. Lieber, in his letter to re dated February 22, 197Q. is a reasonable plan and ac- ceptable to everyone concerned. (1) The Fire -!nd Ruildinn Departments would like to express our thanks to the School district for the assistance they have provided us in r.akinn our inspections. If we can be of any further service to you. pleese feel free to call on us. Sincerely, Bob Bahneman. Building Official BR:kc cc: Dr. Ralph Lieber Don Pryor V Ken Rosland Mayor VanValkenburg Bob Buresh (2) EDINA 4saw VYEST 501H STREET. EDINA. MINNESOTA 5542-1 612- 927 -8861 RESOLUTION APPROPRIATION OF MUNICIPAL STATE -AID FUNDS -TO C.S.A.H. PROJECTS NOS. 7682, 7683 AND 7684 WHEREAS, it has been deemed advisable and necessary for the City of Edina to participate in the cost of a construction.project located on C.S.A.H. No. 31 within the limits of said municipality; and WHEREAS, said construction project has been approved by the Department of Highways and identified in its records as S.A.P. Nos. 120 - 145 -12, 120 - 166 -01 and 120 - 136 -01; NOW, THEREFORE, BE IT RESOLVED that the Edina City Council. does hereby from its Municipal State -Aid Street Funds the sum of $54,000 to apply toward the construction of said project and.requests the Commis- sioner of Highways to approve this authorization. DATED this 18th day of December, 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 December 18, 1978, and as . recorded in the minutes of said regular. meeting. WITNESS my-hand and seal of said City this' -28th day'- of.December, 1978. City Clerk December 15, 1978 To: Ken Rosland, City Manager From: Fran Hoffman, Director of Public Works and City Engineer, Subject: Improvement Feasibility Report (1979 -1) The following - .improvement has been investigated and it has been determined that the project is feasible and its construction would be in the best interests of the City of Edina. STORM SEWER P.ST.S. 161 Area includes Wooddale Ave. from existing manhole between Philbrooklane and Woodland. Road to Tower Street; Tower Street from Wooddale Ave. to St. John's Ave; Easement line Lot 1 Block 1 Haney's Addition from Tower Street to N.W. Corner of Lot 1; West Woodland Road from Wooddale Ave. to St. John's Ave; Easement line Lots 23 -24' Blk. 8 Fairfax Addition from W. 58th:St. to 60' + South; Easement line Lots 20 -24 Block 7 Fairfax Addition from W. 58th Street to 260' +South; Drainage pond Easterly 400' of Parcels 5600, 45000, Sec. 19, T. 19, R. 24. ESTIMATED COST Alt.1 With Wooddale Ave. between Tower Street and W. 58th Street constructed to State Aid Standards. $3679,691.55 Alt.2 Without State Aid Construction on Wooddale Ave. - $387.438.36 I hereby recommend that upon.acceptance of this report by the City Council on December 18, 1978, Public Hearings on this improvement be scheduled for February 5, 1979. Respectfully,submitted, Francis J. H ,ffman, Director of Public Works and City Engineer FJH:lm AV- -L MEMORANDUM To: Mayor and Council From: Kenneth E. Rosland, City Manager Subject: Salaries 1979 - Public Safety Date: December 15, 1978 Attached are the salaries for the Police and Fire staffs, together with those selected other public safety personnel. For Police staff the proposal is a pay plan partially devised by the officers which will be raising their base salaries but eliminates their educational incentive and this rearrangement is done within the bottom line dollars of an 8% increase for 1979. For new personnel in those positions the same rules apply as for the general plan. For the Fire staff their top base salary is raised significantly but no longer do they receive educational incentive, longevity, callback or holiday pay, leaving a bottom line dollar figure within the City'sr U guideline,for this next year. The proposal has them equal to police lieutenants by 1980. Dispatchers, backup dispatchers and,animal control personnel are grouped into two public safety general catagories which are outlined in the appendix. Transfer sheets for these adjustments will be presented at the December.28 meeting. - -- KR:md attachment APPENDIX A PUBLIC SAFETY (PS) PS Management III ($23,520- 29,406) Captain PS Management II ($229022- 27,508) Lieutenants, Assistant Chief (1979 - 27,000) PS Management I ($20,020- 25,082) Sergeant PS General II ($12,246- 15,314) Dispatcher PS General I ($ 9,750- 12,142) Backup Dispatcher, Animal Control MEMORANDUM 4 To: Mayor and Council From: Kenneth E. Rosland, City _Manager Subject: Fire Union - Proposed Contract Date: December 19, 1978 Over the past several months, I have been negotiating a contract with the.Fire Union for 1979 and 1980 with the following general terms representing a contract agreeable to the Union. Wages - The Union is agreeable to an 8% increase in .1979 and a_ZZ..increase in 1980. On the surface this proposal exceeds the President's guidelines by 1% for 1980 (although these were the figures I.was discussing with them prior to announcement of the guidelines). The Union feels that their demands still fall within.the guidelines, in that the guidelines allow._,that they be exceeded for gains in productivity and to keep abreast of wage increases for similar jobs in an area. To justify an increase under the productivity exception, the Union cites increased runs for service, particularly medicals; more public service work such as CPR training; more hours of'-classroom training, and.physical. fitness requirements. In my reading of the guidelines, however, the exception f_ or productivity increase requires demonstrable productivity increases as the result of discontinuance of restrictive work rules and practices. The items `cited by the Union do not appear to meet those conditions As for the "tandem" increase provision, they are expecting both St. Louis Park and Richfield to equal or.exceed the 8% and 7 %. (Both are in arbitration for 1979.) .If their interpretation or anticipation of the guidelines is not correct,. they are willing to take the gamble that the tax rebate plan, which is to be the teeth of the guidelines, will not pass. In addition to base wages, there is also an increase in supplemental pay for the paramedics, inspectors and drivers that fall within the overall guidelines. Insurance - On insurance the recommendation is for an additional $5.00 for dependent coverage to $75 /month for 1979 and 1/2 the increase for 1980. Injury on Duty - Incease the number of days from 60 to 90 calendar days. Funeral Leave - Clarification of the amount of.sick leave to be allowed under selected circumstances. Acting Officer - This represents establishment of a temporary position to fill in when an assistant fire chief is gone for more than 8 hours from the station. Memorandum to Mayor and Council -2- December 19, 1978 Duration - The Union has requested that one contract continue until signing of a new agreement. This is currently ,being discussed with Mr. Zwakman as. to its legal implication. I would recommend approval of the contract at this time. The full contract will be reviewed by John Zwakman prior to signing. Should you have further questions, please contact either Mark Bernhardson or me. KR:md MEMORANDUM To: Mayor and Council Qj From: Mark Bernhardson, Administrative Assistant\ Subject: Community Health Services Contract Date: December 15, 1978 Attached are copies of the proposed Community Health Services Contract with Bloomington for 1979 and the current 1978 contract. The major item is an increase in the contractual services cost which increased from $79,692 to $86,100, an 8% increase. Subsidy funds have increased $2,588 from $79,258 to $81,846. Other changes were made in wording to clarify the language without alterating the service. The contract has been reviewed by Tom Erickson, Dave Velde and me. Tom has left determination of.services.covered (page 2) to Dave and me, who feel it has not altered the program in,.any way. Should there be any further questions, please feel free to contact me. MB:md attachments JOINT POWERS AGREEMENT (Community Health Services for 1979) THIS AGREEMENT, made and entered into this day of 1979, by and between the CITY -OF BLOOMINGTON, a Minnesota municipal corporation, in the County of Hennepin, State of Minnesota ( "Bloomington "), and the CITY-OF EDINA, a, Minnesota municipal corporation, in the County of Hennepin, State of Minnesota ( "Edina "). WITNESSETH: WHEREAS, Bloomington warrants and represents that its Division of Public Health is a .duly certified public health agency operating:in accordance with all` `applicable federal and state requirements; and WHEREAS, Bloomington's Division of''Public Health provides community health services, including, but not limited to home nursing, adult health, child services, . in and education, school age - services, health promotion counseling, community center services, prevention and control, and program administration; and WHEREAS, Edina wishes to promote, support, and maintain the health of its residents by providing community health services such as health education, communicable disease. ..programs, nursing services, health assessment, counseling, teaching, and evaluation in the community, home and clinic setting at a nominal fee to those making use of such "services, and to contract with Bloomington for Bloomington, "through its Division of Public Health, to.provide such services to residents of Edina; and WHEREAS, the governing bodies of Bloomington. -and Edina are authorized by Minnesota Statutes, Section 145.914, Subdivision 5, Section 145.917, Subdivision 3, and.by Minnesota Statutes, Section 471.59, to provide community health services and "to enter into agreements with each other for the providing by Bloomington of community health services to residents of Edina. Page 2 NOW THEREFORE, the parties hereto, for and in consideration of the covenants hereinafter set forth, agree as follows: 1. Bloomington, through its Division of Public Health, agrees to provide residents of Edina with the following community health services ( "Health Services "): A. Home Nursing: This activity provides professional nursing care in the home under medical supervision for persons requiring personal care treatment, teaching or supervision of medical - surgical conditions. B. Adult Services: This activity provides health supervision for adults in the areas of maternal health and family planning. Physical assessments, laboratory work, immulogical update, teaching and referral are provided in all clinic settings. C. Child Services: This activity provides child health clinics for infants and children in the areas of well child, early and periodic screening, and nutrition services. D. Information and Education: This activity provides for coordination and delivery of health information and education to the general public and organized groups by the staff and other available resources. In addition, it includes current health information and validation of health certificates for world travel. E. School Age Services: This activity provides for coordination, consultation, and delivery of in- school services within school settings. F. Health Promotion Counseling: This activity provides preventive and restorative health teaching and counseling to individuals on a one -to -one basis in all areas of physical and emotional health, including alcohol -drug related counseling. Pa ge 3 G..CommUnity Center Services: This acti.vity'provi,des health services . at -the community centers through individual teaching and counseling, health supervision clinics, injection and treatments as prescribed by private physicians, and detection, prevention and control, programs. H: Prevention' =:and Controls This activity provides services for the prevention and control of communicable diseases and adult screening clinics for early identification and referral of chronic diseases. I. Program Administration: This activity reflects administrative support costs to all activities of the. Division of Public Health unidentified as to specific discipline. 2.' The Health Services sha -1 1 be provi ded:znd rendered, hereunder to the residents of Edina in the same manner, to at least the same extent, and with at least the same quality and kind of personnel, equipment, and facilities as the Health Services are provided and rendered to residents of Bloomington, it being the intent and purpose of this Agreement to provide and render the Health Services equally to residents of Bloomington and Edina, without discrimination in any.,;way. 3. Bloomington shall provide the health services pursuant hereto, on a confidential basis, using capable, traine & professionals. 4 All Health Services to be rendered hereunder by. Bl oomi ngton .shall° be . rendered pursuant to and subject to public health policies, rules, and procedures now or hereafter, from time" time, adopted by the Bloomington City Council, and in full compliance with all applicable state and federal laws, provided . however, that -(i'.) no such policy, rule, or�_.procedure hereafter adopted by the Bloomington City Council shall in any way affect, modify, or change the obligations, duties, liabilities, or rights of the parties hereto as set out in this Agreement, or reduce or detract from the. kind, quality, :and quantity Page 4 of Health Services to be provided hereunder by Bloomington to residents of Edina, and (ii) all such policies, rules, and procedures shall be uniformly applied to all persons receiving Health Services from Bloomington, whether residents of Edina, Bloomington, or any other municipality. Edina agrees to adopt the same policies, rules, and procedures as are from time to time adopted by.Bloomington, if determined by Edina to be necessary or desirable to facilitate or regulate the provision of Health Services by Bloomington to residents of Edina pursuant hereto. 5. Edina agrees to pay to Bloomington, for the provision of Health Services pursuant hereto, amounts and on terms as follows: A. The annual sum of $86,100.00 shall be paid in quarterly payments of $21,525.00 to Bloomington within fifteen (15) days of the receipt by Edina of each of the reports to be given pursuant to paragraph 5.B. hereof, subject, how- ever, to the provisions of paragraph 5.C. hereof. B. On April 15, July 15, and October 15, 1979, and on January 15, 1980, Bloomington shall send Edina a statement, certified by the person in charge of Bloomington's Division of Public Health as being true and correct, and covering the period of the three (.3) calendar--months preceding the month in which the report is given, and setting forth, in such detail as Edina from time to time shall reasonably require, the number of persons served, the kinds of Health Services delivered, the locations where such services were delivered, and such other information as Edina shall reasonably request. C. No payment or payments need be made by Edina under this Agreement while Bloomington is in default under any of the terms and conditions hereof to be by Bloomington performed. 6. In the event Edina desires to inspect the financial books and records of Bloomington relating to the providing. of Health Services hereunder by Bloomington, Page 5 Bl.00rvington shall make its financial',books and_ records available at the Bloomington City Hall for inspection andcopying by Edina or any agent, employee, or representative of Edina, at reasonable business hours. 7. It shall be the sole responsibility of Bloomington to determine the qualifications, ,functions, trai ni ng`, and = performance standards': for. all. health service personnel who render>Health Services- under this Agreement; provided, however, that Bloomington agrees that all such personnel.shall be capable, trained professionals. 8. Bloomington's Division: of Public Health will communicate with; Edina relative to Health Services to be performed hereunder by Bloomington, such communication to, be in the form of reports, conferences, or 'consultations, as Edina from time to time shall request. All reports relating to the providing of`Health Services that are given by Bloomington's Division of Public Health to the Bloomington City Council or to the City Manager during the _term of this Agreement shall also, and at the`same time, be given to Edina. 9. Bloomington also agrees to sent to Edina an annual report describing the activities performed and Health Services rendered pursuant to this Agreement. Such report shall be. in such detail Ud form as Edina may reasonably from time to time request. The annual report shall be sent with and in addition to the last quarterly report required by paragraph 5.B. hereof. Also, at Edina's request, made not more than two (2) times during the term of this Agreement, responsible administrative =.officers of Bloomington's Division of Public.Health shall attend meetings of the Edina City Council or appropriate board or commission to answer questions and give further information relative to the activities performed and Health Services rendered under this Agreement. 10. Bloomington hereby agrees to maintain in force its present policy of comprehensive liability insurance and.medical. malpractice insurance in the Page 6 minimum amount of five hundred thousand dollars ($500,000.00), for 'the term of this contract. A copy of the policy or policies issued shall be furnished to Edina. Said policy shall be with an insurance company authorized to do busi::ness in Minnesota. 11. This Agreement shall be for a period from - January 1, 1979, to Dec- ember, 31, 1979, provided that either party may terminate the same by thirty (30) days' written notice to the other. Upon such termination, all obligations and liabilities of the parties hereunder shall cease and terminate, except that the provisions of paragraph 11 hereof-shall continue and survive the termination. Also, in the event of termination pursuant hereto, the quarterly payment next due shall be prorated and paid for only the period ended on the date of termina- tion, and Bloomington shall send to Edina, within thirty (30) days after such termination, a report in the form required by paragraph 5.B., and shall also then send a final report in the form of, and in lieu-of, the annual report required by paragraph 10 hereof, and Edina shall pay such reduced quarterly payment for the period ended on the date of termination, within fifteen (15) days after receipt of both of such reports. 12. Bloomington and Edina unde- pstand and agree that each of them shall apply and qualify, independently and separately, for any and all,grants, matching funds, and payments of all kinds from state, federal, and other governmental. bodies relating to, or for the provision of, any or all of the Health Services, and any and all such grants, matching funds, and payments shall belong to the recipient and be used and applied as the recipient thereof shall determine, without, regard to this Agreement. 13. A1.1 notices, reports, or demands required or permitted to be given under this Agreement shall be in writing and shall be deemed to be given when delivered personally to any officer of the party to-which.-notice is�being Page 7 given, or when deposited in the United States mail -in..a sealed envelope, with registered or certified mail, postage prepaid thereon, addressed to the parties at.the following addresses: To Bloomington: 2215 West Old Shakopee Road Bloomington, Minnesota 55431 Attention: City Manager To Edina: 4801 West 50th Street Edina, Minnesota 55424 Attention: City Manager Such addresses may be changed by either party upon notice to the.other party given as herein provided. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed and their corporate seals to be affixed hereto the day and year first above written. CITY OF BLOOMINGTON by Its Mayor and Its Manager CITY OF EDINA by Its Mayor and Its Manager JOINT POWERS AGREEMENT (Community Health Services) THIS AGREEHE::T, made and entered into this 13th day of a February , 1979, by and between the CITY OF BLOOMINGTON, a Minnesota municipal corporation, in the County of Hennepin, State of Minnesota ( "Bloomington "), and the CITY OF EDINA, a Minnesota municipal corporation, in the County of Hennepin, State of Minnesota ( "Edina "), WITNESSETH: WHEREAS, Bloomington warrants and represents that its Division of Public Health is a duly certified public health agency operating in accordance with all applicable federal and state requirements; and WHEREAS, Bloomington's Division of Public Health.provides community health services, including, but not limited to, nursing services, home health services, disease prevention and control services, family planning services, early detection of health problems, nutritional services, and health education; and WHEREAS, Edina desires to promote, support, and maintain the health of its residents by providing community health services, including education, disease prevention, early detection-of health problems, and nursing care, at a nominal fee to those making use of such services, and to contract with Bloomington for Bloomington, through its Division of Public Health, to provide such services to residents of Edina; and WHEREAS, the governing bodies of Bloomington and Edina are authorized by Minnesota Statutes, Section 145.914, Subdivision 5, Section 1.45.917,. -1- .. Subdivision 3, and by Minnesota Statutes, Section 471.59, to proVide. community .health services and to enter into agreements with each other for the providing by Bloomington of community health services to residents of Edina.. NOW, THEREFORE, the parties hereto,.for and in consideration of the covenants hereinafter set forth, agree as follows: -1. Bloomington, through its Division of Public Health, agrees to provide residents of Edina with the following community health services ( "Health Services "): A. Home care services involving intermittent home visits by nurses, aides, or therapists for individuals or families suffering illness, with treatment to be provided in accordance with a medical plan of care .deter- mined either by Bloomington or.by a qualified. physician acceptable to Blooming- ton, and periodic home visits for assessment, observation, evaluation, preventive health techniques, and follow -up of clinical findings. B. Adult health services consisting of clinical sessions in the areas of family planning, venereal disease and communicable disease prevention, and clinical services for well women deal'ing.with gynecologic health screening, teaching, and counseling on female health issues. C. Children health services comprising clinical sessions for well children, early and periodic screening, and communicable disease testing and immunization. D. Public health informational and educational services, including providing any and all groups requesting the same with speakers on health - related topics, and. assisting such groups in developing health programs. E. School health support services involving screening, teaching, and counseling of students. -2- F. Senior citizen health services, including clinical screening, therapeutic visits, outreach contacts, counseling, teaching, nutritional services, and well -adult visits. G. Counseling on any or all of the foregoing health services, with individuals, couples, families, and groups requesting the same, including chemical dependency counseling. The Health Services shall be provided and render.ed':hereunder to the residents of Edina in the same..manner, to at least the same extent, and with at least the same quality and kind of personnel, equipment, and facilities as the Health Services are provided "'and. "rendered to residents of Bloomington, it being the intent and purpose of this Agreement to provide and render the Health Services equally to residents of Bloomington and Edina, without dis- crimination in any way. In addition, Bloomington agrees (i) to provide the Health Services; at paragraph 1.F. at such senior citizen centers as are from time to time designated by Edina, and (ii) to provide mobile mini- clinics at least six (6) times . during the term of 'this Agreement for special uses such as blood pressure testing/andimmunizations, at appropriate locations in Edina, including but not limited to Edina City Hall, 4801 West 50th Street, and the Edina,-Senior Center, 7151 York Avenue South. The mobile mini - clinics shall be setup on such days, and for such hours during such days,.as,Bloomington shall determine, an& -need not be set up at the same time in all of said locations,. but during the term of. this Agreement a mobile mini - clinic shall.b e set up. at least six (6) times, for a reasonable period of time, at each such location. Bloomington shall give a schedule -of dates-and times when such mobile mini - clinics,:shalll=be_ established at least ten (10) days in advance of the scheduled dates,, except in emergency situations. 3- 3. Bloomington shall provide the Health Services pursuant hereto on a confidential basis, using capable, trained professionals. 4. All Health Services to be rendered hereunder by Bloomington shall be rendered pursuant to and subject_ to public health policies, rules, and procedures now or hereafter., from time to time, adopted by the Bloomington City Council, and in full compliance with all applicable state and federal laws, provided however, that (i) no such policy, rule, or procedure hereafter adopted by the Bloomington City Council shall in.any,way affect, modify, or change the obligations, duties, liabilities, or rights of the parties hereto. as set out in this Agreement, or reduce. or detract from the kind, quality, and quantity of Health Services to be provided hereunder by. Bloomington to residents of Edina, and (ii) all such policies, rules and procedures shall be uniformly applied to all persons receiving Health Services. from Bloomington, whether residents of Edina, Bloomington, or any other municipality. Edina agrees *to adopt the same policies, rules, and procedures as are from time to time adopted.by Bloomington, if determined by Edina to be necessary or desirable.to.facilitate or regulate the.provision of Health Services by Bloomington-.to residents of Edina pursuant hereto. 5*. Edina agrees to pay to Bloomington, for the provision of Health Services pursuant hereto, amounts and on terms as follows: A. The annual sum of $79,692.28 ($1.76 per capita times 1975 county population estimate of 45,290) shall be paid in quarterly payments of $19.,923.07 to Bloomington within fifteen (15) days of the.receipt by Edina of each of the reports to be given pursuant to paragraph 5.B. hereof, subject, however, to the provisions of paragraph S.C. hereof. -4- B. On April 15, July 15, and October 15, 1978 and.on January 15, 1979, Bloomington shall send to Edina a statement, certified by the person in charge of Bloomington's Division of Public Health as being true and correct, and covering the period of the three (3) calendar months preceding the month in which the report is given, and setting forth, in such detail as Edina from time to time shall reasonably'require, the number of persons served, the kinds of Health Services delivered, the locations where such services were delivered, and such other information as Edina shall reasonably request. C. No payment or payments need be made by Edina under this Agreement while Bloomington is in default under any of the terms and conditions hereof to be by Bloomington performed. 6. In the event Edina desires to inspect the financial books and records of Bloomington relating to the providing of Health Services hereunder by Bloomington, Bloomingtom shall make its financial books and records avail- able at the Bloomington City Hall for inspection and copying by Edina, or any agent, employee, or representative of-Edina, at reasonable business hours. 7. It shall be the sole responsibility of Bloomington to determine the qualifications, functions, training, and performance standards for all health service personnel who render.Health Services under this Agreement; provided, however, that Bloomington agrees that all such personnel shall be capable, trained professionals. 8. Bloomington's Division of Public Health will communicate with the Edina Health Department, Edina Department of Safety, and Edina Department of Parks and Recreation relative to Health Services to be performed hereunder by Bloomington, such communication to be in. the form of reports, conferences, -5- or consultations, as the respective Edina departments from time to time shall request. Also, all reports relating to the providing of Health Services that are given by Bloomington's Division of Public Health to the Bloomington City Council or to the City Manager during the term of this Agreement shall also, and at the same time, be given to Edina. 9. Bloomington also agrees to send to Edina an annual report describing the activities performed. and Health Services rendered pursuant to. this Agreement. Such report shall be in such detail and form as Edina may reasonably from time to time request. The annual report shall be sent with and in addition to the last quarterly report required by.paragraph 5.B. hereof. Also, at Edina's request, made not more than two (2) times during the term of this Agreement, responsible administrative officers of Bloomington's Division of Public Health shall attend meetings of the Edina City Council or appropriate board or commission to answer questions and give further information relative to the activities performed and Health Services rendered under this Agreement. 10. Bloomington hereby agrees to maintain in force its present policy of comprehensive liability insurance and medical malpractice insurance in the minimum amount of five hundred thousand dollars ($500,000), for the term of this contract. A copy of the policy or policies issued shall be furnished to Edina. Said policy shall be with an insurance company authorized to do business in Minnesota. 11. This Agreement shall be for a period from January 1, 1978 to December 31, 1978, provided that either party may terminate the same by thirty (30) days' written notice to the other. Upon such termination,.all obligations and liabilities of the parties hereunder shall cease and terminate, except that the provisions of paragraph 11 hereof, shall continue and survive -6- such termination. Also, in the event of termination pursuant hereto; the quarterly payment next due shall be prorated and paid for only the period ended on the date of termination, and Bloomington shall send to Edina, within thirty (30)�days after such termination, a report in the form required by paragraph 5.B., and shall also then send a final report in the.--form of, and in.. lieu of, the annual report', required by paragraph 10 hereof, and Edina shall pay such reduced quarterly payment for the period ended on the date of termination, within fifteen (15) days after receipt of both of such reports. 12. Bloomington and Edina understand and agree that each of them shall apply and "qualify, independently and separately, for any" and all grants, matching funds, and payments of all kinds from state, - federal, and other governmental bodies relating to, or for the provision of, any or all of the Health Services, and any and -all such grants, matching funds, and payments shall belong to the recipient and be used and applied -as the recipient thereof shall determine, without regard to this Agreement. 13. All notices, reports, or demands required or permitted to be given under this Agreement shall be in writing and shall be deemed to be given when delivered personally to any officer of the .party to which notice is being given, or when deposited in the United States mail in a sealed envelope, with registered or certified mail, postage- prepaid thereon ,°addressed to the parties at the following addresses: To Bloomington: 2215 West Old Shakopee Road Bloomington, rlinnesota 55431 Attention: Herbert Freye, Dep. City Manager To Edina: 4801 West 50th Street Edina, Minnesota 55424. Attention: City Manager, Such addresses may be changed by either party: upon. notice- to the other party given as herein provided. -7 -:_ i IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed and their corporate seals to be affixed hereto the day and year first above written. CITY OF BLOOMINGTON 0 �h RESOLUTION BE IT RESOLVED that the City of Edina requests the following reallocation of Year IV Community Development Block Grant Funds: Housing Land Acquisition $44,806 Land Acquisition Administration -0- Housing Rehabilitation 23,000 Rehab Administration 3,000 Handicapped Access 5,000 50th and France 76,000 Comprehensive Plan 15,000 Morningside School 80,500 ADOPTED this 18th day of December, 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 December 18, 1978, and as recorded in the minutes of said regular meeting. WITNESS my hand and seal of said City this 22nd day of December, 1978. Acting City Clerk EOINA PUBLIC SCHOOLS , INDEPENDENT SCHOOL OISTRICT 273 5555 WEST 70TH STREET • E01NA, MINNESOTA 55435 61R -944 -3613 February 22, 1978 Mr. Robert M. Bahneman, Building Inspector Edina City.Hall 4801 West 50th Street Edina, Minnesota 55424 Dear Mr. Bahneman: On behalf of the Edina Public Schools, its'Board and administration, I would like to thank you and others in your department for providing the necessary information that will assist us in meeting life safety standards in this district now and in the future. It will be our intent to continue our life safety remodeling in the Edina Public School System primarily at our elementary schools. As soon as we receive the specific life safety group suggestions from your department we will begin working with our architects. Bids for the initial work for our elementary schools will be developed yet this fall with actual construction commencing June, 1979. Our tentative schedule, barring unforeseen circumstances, is as follows: 1. Concord 1979 2. Creek Valley 1980 3. Countryside 1981 4. Cornelia 1982 For the next several years our life safety work will be concentrated at the elementary level. It will, therefore, be necessary to dis- continue our life safety work at the Edina -East Upper Division. When we again commence life safety work at our secondary level, we would anticipate using Edina -East Lower Division for our Junior High School rather than Edina -East Upper Division, given its smaller size`, efficiency of space, and special purpose areas. If this be the case, we would com- plete the Lower Division life safety,needs prior to it being. reoccupied. Edina -East Upper Division's easily accessible areas such as art, home economics, and indistrial arts would then be used by community and student groups alike.. In view of, the fact that it will not be used for continuous classroom instruction, it is our hope that no further life safety.work would need to be done -at the Edina -East Upper Division building than that which has been completed.to date. AN EQUAL OPPORTUNITY EMPLOYER February 22, 1978 Mr. Robert M. Bahneman Page #2 In the event that Edina -East Lower Division is being leased, on completion of our elementary life safety work, we would pursue the contemplated program of life safety pending in that building which would both get the job done-and not provide too much inconvenience to our leasees. I am in hopes, Bob, that you will find this letter and our intent to complete our life safety work satisfactory, and allow us to pro- ceed on the plan identified herein. I look forward to your response. g y, 1Lieber, Ph.D. endent RHL:ca c.c. to: Kenneth Rosland James Van Valkenburg George Hite Donald Pryor APPLICATION FOR COMMUNITY HEALTH SERVICES SUBSIDY LAWS OF MINNESOTA, 1976, CHAPTER 9 PART I -A — IDENTIFICATION AND AUTHORIZATIONS 1. APPLICANT DO NOT WRITE IN THIS SPACE FOR MDH USE ONLY City of .Edina CONTROL NUMBER DATE RECEIVED 2. SPONSORING UNITS OF GOVERNMENT City /County City of Edina Date Approved September 11, 1978 4. FISCAL MANAGEMENT OFFICER Name J. N. Dalen Title Finance Officer Agency City of Edina Street 4801 West 50th Street City Edina • State /Zip Minnesota 55424 (area code) Phone Number ( 612) 927 -8R6t 6. ALL APPROPRIATE REGIONAL REVIEW AGENCIES RECEIVED COPIES OF THIS APPLICATION. Yes No Date HSA RDC 3. FUNDING PERIOD Jan. 01 1979 Month Day Year to nPC - 31 1979 Month Day Year 5. AUTHORIZED OFFICIAL if different from 4. Name Kenneth Rosland Title City Manager Agency City of Edina Street 4801 West 50th Street City Edina State /Zip Minnesota 55424 (area code) Phone Number ( 612) 927 -8861 7. DOES THE SPONSORING UNIT(S) OF GOVERNMENT MAINTAIN A WRITTEN EQUAL EMPLOYMENT OPPORTUNITY PROGRAM? ( X) Yes ( ) No If yes, has it been certified by Minnesota Department of Human Rights? ( X ) Yes ( ► No Date Certified March 15, 1976 8. SUBSIDY REQUEST $ 81.846 (Total) Name of County(s) /City(s) Local Participation State Share City of Edina $256,822 $81,946 _ $ $ Application is made for a subsidy under the Minnesota State Board of Health Rules MHD 451 -455 in the amount and for the purposes stated herein. By signature, the Authorized Official agrees and has the authority to agree to comply with the conditions and reporting requirements, consistent with annlicable MHD rules and the Community Health Services Act as may be stipulated by the Board. In addition, by signature below, and signature affixed on page A -2 of these forms, the authorized official assures full compliance with all items stated herein. Authorized Official (Signature) Title City Manager Date TABLE OF CONTENTS Page No. Assurances and Agreements ...... b -1 Membership list of the Edina Community Health Services Advisory Committee .............. ............. .I................. b -3 Summary of the Activities of the Edina Community Health Services Advisory Committee ................................... b -4 Resolutions Approving the Edina Municipal Plan .................. b -5, 6. Guidelines and Manuals Related to Family Planning, Child Health and Maternity Services ........................................ b -7 Edina Community Health Services Programs: Food Service Facility Sanitation........ .................... b -8 Community Sanitation .......................................... b -9 Housing Maintenance ............................................ b -9 Environmental Pollution Control........ ..................... b -10 Public Health Laboratory ....... ............................... b -12 Emergency Medical Services. ............. ... ............... b -13 Personal Health Services ....................................... b -14 CHS Activity Budget Detail: Environmental Health...................... b -15, 16 Public Health Laboratory ................... ..... b -17, 18 Emergency Medical Services ..... ............................... b -19, 20 Home Health Services......... ............................... b -2131 22 Disease Prevention and Control ................................ b -23, 24 Community Nursing Services ............................. ...... b -259 26 Maternal and Child Health................... ................ b -27, 28. Health Education.... ............. ......................... b =299 30 CHS Budget Report. ............... ............ b -319 32 ASSURANCES AND AGREEMENTS BY SIGNATURE, THE AUTHORIZED OFFICAL AGREES AND ASSURE-S,THAT: 1. The agency wil-I comply with state and federal requirements for equal opportunity employment. 2. The agency will comply with state and federal requirements relating to confidentiality of patient information. 3. The agency will comply with all standards relating to fiscal account- ability that apply to the Minnesota.Department of Health. a. The.,local matching funds identified in the budget submission (PART IV A and B meets the following tests as well as rule MHD_451: 1. Cash-Contributions are cash outlays,7including the outlay of ;money contributed by other �publi.c :a`gen cies'and institutions and private organizations and individuals. 2. In -Kind Contributions represent the value of non - cash contributions provided by (1) the applicant, (2) other public agencies and-institutions, (3) private organizations and-individuals. Such goods and services directly benefit and are s e- cificall identifiable -.to the Communit Hea Services programs, and are identi'fia e-from the applicant's records. Specifically, the number:of hours_of volunteer services are supported by the same methods used by the agency for its.employees and the basis for determining charges for.-personnel _services, ;supplies and expenses are documented: b. Budget revisions will be submitted to the Minnesota Department of . Health for prior approval whenever: 1. The revision results from changes in the objective or methods employed in the subsidy supported activity. 2. The revision involves the addition of personnel not previously approved in the award. 3. The cummulative amount of transfers among /between activities exceeds or is expected to exceed 10 percent or $2,500.00 whichever is greater, of the subsidy, budget. b-1 ASSURANCES. AND AGREEMENTS c. Reports of expenditures will be filed with the Minnesota Department of Health on forms provided by the M DH no later than 45 days following June 30 and December 31 each year. d. Subsidy funds are used as payment for services only after third party payments, such as Titles XVIII, XIX, and XX and private insurance resources are utilized. , e. Financial Management Systems provide for: 1. Accurate, current, and complete disclosure of the financial results of each activity. 2. Records which identify adequately the source and application of funds for subsidy supported activi- ties. These records contain information pertaining to subsidy awards and authorizations, obligations, unobligated balances, liabilities (encumbrances), outlays, and income. 3. Effective control over the accountability for all funds, property and other assets. Subsidy appli- cants adequately safeguards such.assests and assures that they are used solely for authorized purposes. 4. Comparison of actual obligations with budget amounts for each subsidy. ' 5. Accounting records which are supported by source documentation. 6. Audits which will be made by or at the direction of the subsidy applicant /Department of Health to determine, at a minimum, the fiscal integrity of financial transactions and reports. 7. Financial records and supporting documentation pertinent to the Community Health Services subsidy which will be retained until audited, with the following qualifications: a. The records will be retained beyond this period if audit findings have not been resolved. b. Records for non - expendable property which was acquired with subsidy funds will be retained for three years after its final disposition. AUTHORIZED OFFICIAL -TITLE Cit Mana er DATE 1.2, Ir, b -2 ADVISORY BOARD OF HEALTH City of Edina Providers Mary Bang, R.N. 5200 Duggan: =Plaza Edina, MN 55435 941 -4754 Linda A. Bjerke 6600 Nordic Drive Edina, MN 55435 941 -2058 Dr. :E. Duane Engstrom 4300 Philbrook Lane Edina, MN 55424 926 -6252 Dr. Walter E. Krafft 5608 Highland Road Edina, MN 55436 929 -2564 Dr. C. V. Rockwell 5129 Mirror Lake Dr. Edina, MN', 55436 922 -5956 Dr. Richard K. Simmons 4800 Dunberry Lane Edina, MN 55435 927 -4832 Consumers Beverly Harris 4812 -W. 66th Street Edina,. MN 55435 927 -9508 Verne W. Moss,.Jr., Attorney 5705 Woodlane Road. Edina, MN 55424 922 -7508 Barbara Kresoya 6720 Galway Drive Edina, MN 55435 941 -4410 Leroy Werges 5241.-Edenm6 or .Street Edina, MN 55436 929 -3796 Homer Kinney 4513 Oak Drive Edina, Ki 55424 926 -2676 Ex- Officio, Non - Voting Members June Schmidt, City Council 7005 Bristol Boulevard Edina, MN 55435 922 -1183 Kenneth Esse 5136 Russell Ave. So. Minneapolis, MN 55410 922 -0239 Tully Stoppel 6238 Upton Avenue So. Minneapolis, MN 55423: 866 =6719 994 -2110 State Community Health Advisory Committee Member Mr. Leroy Werges b -3 PLAN DEVELOPMENT BY COMMUNITY HEALTH SERVICES ADVISORY COMMITTEE The Edina Health Advisory Committee has been seeking information about and attempting to evaluate existing programs in the community. Presently . they are addressing the area of home health care as provided by the contract . with Bloomington Public Health Nursing Services. From this information, it is hoped that the advisory committee will be able .to offer suggestions for this service that will help in the delivery of home health care for the community. Other areas that have been suggested for further study are: counseling of teenagers; child abuse; transportation for therapy and medical care; and . development of informational material on services available. It.is antici - dev ed that there will be additional activities in these areas and that the results from these activities will be incorporated in developing the final. 1979 Edina Community Health Services Plan. PUBLIC HEARING ON PLAN On August 239 1978, a public hearing on the .1979 Community Health Services Plan for South Hennepin County was held at Southdale Public Library, 7001 York Avenue South. The public was notified by newspaper publication, radio announcements, and flyers. There were no comments directed at.the Edina Community Health Services Plan. b -4 A RESOLUTION.RECOMMENDING ,TO THE EDINA CITY COUNCIL THAT THE, =., PLAN AND APPLICATION FOR THE 1979 COMMUNITY HEALTH SERVICES ACT SUBSIDY, BE APPROVED. WHEREAS, the Advisory Board of Health of the City of Edina is an official advisory body to the City Council, which is the official local Board of Health; and WHEREAS, the Advisory Board of Health is charged by the City Council to study public health needs in the City and recommend to the Council policies and ordinances and programs necessary to meet these needs;'and WHEREAS, the Advisory Board of Health has reviewed the plan and application for 1979 Community Health Service's-Act-subsidy funds prepared by the staff of the City of Edina.and finds it thoroughly consistent . with the needs and priorities of the community -as determined-by this Advisory Board and as expressed in citizen participation; NOW,. THEREFORE., BE IT RESOLVED.by the Advisory Board of Health of the City of Edina, in regular meeting assembled, that the plan and application for the 1979 Community Health Services Act-subsidy be approved and forwarded to the City Council of the.City of Edina with a. recommendation for approval. Passed and adopted this a R :day of , 1978. Cha rman, Advisory oard of Health ATTEST: Minikes S cretary b-5 ... Li, IEDINA jr- 4801 WEST 50TH STREET. EDINA. MINNESOTA 55424 612- 927 -8861 A RESOLUTION APPROVING THE PLAN FOR PROVISION OF COMMUNITY HEALTH SERVICES IN THE CITY OF EDINA AND THE SUBMISSION OF AN APPLICATION FOR THE COMMUNITY HEALTH SERVICES ACT SUBSIDY. WHEREAS, the City Council of the City of Edina is the official governing body of the City of Edina and functions as the official Board of Health of the City of Edina; and WHEREAS, the City Council is committed to promote, support, and maintain the health of the entire community at the highest level; and WHEREAS, the Community Health Services Act provides for subsidies in support of public health services on the local level throughout the State of Minnesota; and WHEREAS, a special needs study has been made and a special public meeting held relative to the needs and priorities of the community for Community Health Services; and WHEREAS, the Advisory Board of Health of the City of Edina has reviewed the plan for the provision of public health services in the City of Edina and recommends its approval to the City Council; and WHEREAS, the City Council has reviewed this selfsame plan and finds it consistent with the needs and priorities of the community as determined by the Advisory Board of Health and as expressed by the citizens of Edina; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDINA IN REGULAR MEETING ASSEMBLED, that the Community Health Services Plan for the City of Edina is approved and authorization is hereby given to submit an application for the Community Health Services Act subsidy. ADOPTED this 11th day of September, 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 September 11, 1978, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this 12th day of September, 1978. City Clerk b-6 b -7 STATUTES, GUIDELINES, AND MANUALS RELATED TO FAMILY, MATER14AL AND CHILD HEALTH ACTIVITIES SOURCE .1., Family Planning State Plan - `'5/74 (to be,- revised) Minnesota Depart - ment of Health 2.-Instruction Manual-,for Preschool and School Hearing - Conservation - 1973; Instruction Manual for Pre- school and School Vision Conservation - 1973 (to be revised) " 3. Early Detection of SCOLIOSIS by School Screening - 8/76 " 4. Guidelines for Early Periodic Screening - Final 9/76 (0-21 years) 5. Early Periodic Screening Manual - 8/76` (to be re- vised) 6. School Health Guide for: Use in Minnesota Schools, 1973 (to be revised) " 7. Community Nursing Manual /Guidelines - November, 1974 8. Immunization Clinic Manual and Guidelines - June, 1975 " 9. Parent Education Guidelines (draft #0 2/76' " 10. EPS Cost Sharing Plan - 4/76 " b -7 EDINA PROGRAMS TITLE OF PROGRAM: FOOD SERVICE FACILITY SANITATION (ENVIRONMENTAL HEALTH) Problems Addressed: Diminished health may result from consuming food con- taminated with chemicals or microorganisms. Contamination of foods may occur from unsanitary conditions.`or improper handling during food manufacture, processing, delivery, or service. Some of the more common underlying causes of food -borne disease outbreaks are inadequate refrigeration, poor personal hygiene, failure to hold readily perishable foods at legal refri- geration temperatures, failure to hold hot foods at legal-holding tempera- tures and inadequate cooking. Goals To achieve, through enforcement and education, compliance with the various laws, ordinances and policies which will insure all citizens of Edina 'a healthful and aesthetically pleasing food consumption experience. Objectives 1. By systematic inspection and education, insure that all food while being transported, stored, prepared,- displayed, - served or sold to the .public is protected from all forms of contamination or adulteration con sistent with the Edina Food Code to insure safe consumption.and minimize the possibility of food -borne disease episodes. 2. To insure, through the plan review process, that each building or parts thereof, that are intended for food production or storage, is constructed to comply with the provisions of the Edina Food Code to.insure that the structure and equipment is designed to provide a durable, easily, cleanable.and aesthetically appealing environment in which to store., prepare, display or serve.food to the consuming public.. Methods: Specific methods used to achieve the objectives are: 0 Objective 1: A minimum of.two (2) comprehensive.,sanitary.surveys will be conducted on each food service facility annually. Along with.the sanitary.surveys, necessary follow -up surveys will be conducted on a pre - determined, mutually agreeable timetable. • Objective 2: All new or remodeled food establishments will require that detailed plans and specifications be submitted and approved prior to issuance of a building permit. The plans will be. systematically. reviewed detailing all..areas of the structure or equipment not in conformance with the Edina Food Code. Follow -up field inspections will be conducted, as.required, to determine if construction is pro- ceeding according to the approved plans. Evaluation • 1. -Routine checks will be performed to determine -if the twice annual sanitation surveys are being conducted on a timely basis. The b -3 performance of the inspection process will be ev -,lusted by certi- fied inspectors from the State Department of Health. The certified inspectors will evaluate-the interpretation and appli- cation of the food code during periodic field visits. This evaluation will also be carried through the administrative aspects of the inspection and enforcement process. 6 2. The evaluation of the plan review process will primarily be judged by field evaluation and'-review`of all correspondence with- in the process to determine uniformity of interpretation and enforcement. TITLE OF PROGRAM: COMMUNITY SANITATION (ENVIRONMENTAL HEALTH) Problems Addressed: Diminished health may result from exposure to. hazards or conditions in the physical environment of the community. Community sani- tation covers a variety of environmental health problems which provide a link in the transmission of disease in man. Included are problems related to rodent, insect, and weed control, improper refuse storage, animal control and a variety of public health nuisances. Many sanitation problems are inter - related so that a practical approach to control involves looking at the total community sanitation picture rather than each component separately. Goal Either by citizen complaint or by observation in the community, identify and abate all nuisance conditions consistent with State laws and local ordi- nances. Objective 1. Prevent the accumulation of refuse and weeds, destroy rodent and vermin harborages and control domesticated animals that constitute a nuisance. Methods: Specific methods used to achieve the objectives are: 0 In response to. complaints, investigate = all community sanitation nuisances and issue orders to correct situations which are hazardous. Complete follow -up inspections. to determine compliance with written orders. Evaluation 0 The.Community Sanitation program will -be evaluated'by viewing the effectiveness of-the abatement process. TITLE OF PROGRAM: HOUSING MAINTENANCE (ENVIRONMENTAL HEALTH) Problems Addressed: Diminished..health. may result from.conditions if ill- ness associated with substandard' housing: Although th e "total impact of'' b -9 substandard housing on health cannot be fully determined, many researchers believe that the irritations and frustrations that occur in some residen- tial environments are leading or contributing factors of mental illness. Respiratory infections, such as colds, bronchitis, and influenza, are re- lated to inadequate heating or ventilation and inadequate and crowded sleeping arrangements and food handling facilities. Other potential pro- blems include carbon monoxide poisoning due to faulty home heating devices, rodent and insect infestation, accidents due to crowding, poor electrical connections, poor lighting and structural problems. Goal Minimize the public health hazards associated with substandard housing. Objective Prevent irritants or impairments that may result from substandard or over- crowded housing. Method: 1he specific method used to achieve the objective is: • In response to complaints or during periodic inspections, determine the conformity of housing with minimum housing standards. Issue orders to correct unsafe or substandard conditions and perform follow -up inspection to insure compliance with written orders. F.valnatinn • It is difficult to measure the outca with compliance with minimum housing crease in the general welfare within of hazardous or unhealthy conditions of the outcome, because the specific will no longer be in existence. ne of a housing program, but codes there should be an in- the community. The abatement in itself will.be the measure unhealthy or hazardous condition PROGRAM TITL: ENVIRONMENTAL POLLUTION CONTROL (ENVIRONMENTAL HEALTH) Problems Addressed: Diminished health may result from improperly maintained recreational areas such as swimming pools. If not properly maintained, accidental injury or contamination may result for persons using the recrea- tional facility. Also, polluted water or unwanted noise may cause diminished health. Water is used for a variety of activities and pollution of the water may effect wells, stormwater discharge and recreational areas. The effects of noise on the health of the population may be either of two types; (1) they are consciously perceived effects or (2) insidious effects. Con- sciously perceived effects are those recognized by the recipient or person. They usually have a subjectively irritating or nuisance character, but they are nevertheless important functionally, producing such effects as interference with the thought process, communication disruption, performance impairment, sleep disturbance and general mental stress. Excessive noise can also result in permanent hearing loss. b -10 Goals To minimize the health effects attributable to water and noise pollution. Objectives 1. Prevent accidental injury or disease resulting from use.of swimming pools. 2. Eliminate the entrance of pollutants into surface or ground water. I. Reduce the occurrence of unwanted noise in the community. Methods: Specific methods used to achieve the objectives are: • Objective 1: Continue the routine inspections of swimming pools to determine compliance with minimum health and safety standards. Issue orders to correct any health or safety situation, and if necessary, close the swimming pool to the public until necessary corrective measures have been taken. Develop educational aids to assist swimming pool operators in providing a safe and sanitary recreational environment for the community. 6 Objective 2: Continue the surveillance of on -site sewage disposal systems. Wherever feasible, encourage - conversion of on -site sewage disposal systems to sanitary sewer. Continue routine sampling and surveillance of the city water supply. Continue sampling individual well water.supplies as requested by the community. Continue monitoring surface water. • Objective 3: In response to complaints, investigate all noise nuisances and require compliance with accepted noise standards. Evaluation •: 1. The effectiveness of the swimming pool inspection program -;will be evaluated by meeting the monthly inspection schedule and ob- serving the conformance with minimum public health safety stan- dards. Emphasis within the program will be re- assessed to cope with new hazardous situations. • 2. The evaluation of the water pollution progra.., will be based on observing the changes in number of on -site sewage disposal systems, the prevention of contamination within the city.water supply and the change in :the quality of the surface water. • 3. The abatement of unwanted noise source will result in the re duction'of irritation to the complainant. The evaluation of this program can be assessed by the number of successful noise abatements or noise reductions. b -11 PROGRAM TITLE: PUBLIC HEALTH LABORATORY (ENVIRONMENTAL HEALTH) Problems Addressed: Problems addressed by.this program.include food -borne illness, food quality, water quality (public water supply, lakes, ponds,• and streams), air .quality and miscellaneous analysis from all areas of environmental health. Goals Assist the Environmental Health Services in controlling the quality of food and water thereby preventing adverse health conditions in the com- munity. Objectives Analyze the samples promptly and report the results to the appropriate En- vironmental Health Services. Methods 0 By using specific chemical and micrbbiological tests ,perform an- alysis on samples submitted to-the laboratory. 'All tests be per- formed using Standard Methods. Evaluation 0 The laboratory and personnel performing the analysis.must meet the appropriate certification by the Minnesota Department, of Health. b -12 i i TITLE OF PROGRAM: EMERGENCY MEDICAL SERVICES Problems Addressed: Sudden life threatening situations such as,accidents are a constant threat to the health of the citizens within the community. The morbidity and mortality associated with these situations can effective- ly be altered by quick, professional delivery to a health care facility. Goals 1. Provide ambulance service.for the sick and injured. 2. Provide emergency medical treatment for the sick and injured. Objectives 1. Provide one advanced life support emergency ambulance,, staffed by para- medics and Emergency Medical Technicians (EMT's). 2. Provide a back -up ambulance staffed by..EMT's. 3. Provide cardio- pulmonary resuscitation classes for various,groups in the city. of Edina. Methods • The Fire-Department shall have six personnel-,trained as Para- medics, with two assigned to each shift. ® There shall be no less than one paramedic on duty at a time. 0 All Fire Department personnel shall be trained as EMT's and assist the paramedics as necessary. All Police Department patrolmen'shall be trained as EMT's and assist the Fire Department as necessary. 0 The City of Edina will be a member of the Hennepin County Emergency Medical Services, who will review the training, methods, procedures and.equipment used by the City of Edina for providing emergency medical services. Timetable This program is in effect now and will be on- going;. Services will be:pro- vided as' needed. b -13 PERSONAL HEALTH SERVICES The following personal health services will be delivered by the Bloomington Public Health Nursing Services under contract: Home Health Services A. Skilled Home Nursing B. Home Health Aide Disease Prevention and Control Services A. Senior Center Health B. Vaccine Community Nursing Services A. School Health B. Counseling C. Home Nursing Maternal and Child Health Services A. Childrens Health B. Adult Health Health Education A. Public Information and Education The program descriptions for the above listed services can be found in the Bloomington Community Health Services Plan. The budget report follows this narrative and will be revised as the contract with Bloomington is finalized. b-14 BUDGET DETAIL BY' PROGRAM= Da:te,1 /29 / 78 M0. DAY YR. FOR THE PERIOD';7an. TO Dec.' 1979 ( ) Original (x ) Revised I. PROGRAM TITLE: Environmental Health II. PROGRAM BUDGET DETAIL BY ACTIVITY COST: ACTIVITIES Food Service Sanitation 60% Community Sanitation 15% Environmental Pollution Control 10% Housing Maintenance 15% Water Treatment Chemicals Laboratory Support I.II. PROGRAM BUDGET BY SOURCE OF FUNDS AMOUNT 40,073 10,018 6,679 10,018 9,300 8,963 TOTAL -- 85,051 0 CHS Local Participation Other ** Other ** Total, Subsidy Tax Levy Fees Other State Federal Budget 11,875 50,176 23,000 185,051 * *Specify Source of Funds. b -15 BUDGET DETAIL BY PROGRAM PAGE 2 IV. PROGRAM BUDGET DETAIL BY COST: COST CATEGORIES NO. OF POSITIONS. AMOUNT 1. Personnel Sanitarian 1 20,431 Medical Officer 1 300 Secretary 0.5 4,680 Assistant Sanitarian 1 15,740 Summer Help 0.3 3,050 2. Capital Outlay 0 3. Contractual Services 23 4. Travel 405 5. Dues, Conferences and Training 310 6. Supplies General 129 Water Treatment 9,300 7. Fixed Charges 21,720 8. Lab Support 8,963 I BUDGET DETALL BY PROGRAM Date L /_29 /78 MO. DAY YR. FOR THE PERIOD ,-Jan. TO Dec. 1979 ( ) Original (X ) Revised I. PROGRAM TITLE: Environmental Health II. PROGRAM BUDGET DETAIL BY ACTIVITY COST: Lab Support III. PROGRAM BUDGET BY SOURCE OF,. FUNDS: AMOUNT 26,885 TOTAL -- . 26 „885 CHS Local, Par.ti cipation Othe`,r ** ” Other ** Total Subsidy Tax Levy Fees Other State Federal Budget 8,963 17,922 26,885 *Specify Source of Funds. The total costs of the Tri -City Lab are shared by Bloomington; St-. Louis °Park, and Edina. Edina's participation appears as Local Participation Tax Levy here and is supported in the Environmental Health Budget-. b -17 BUDGET DETAIL BY PROGRAM PAGE 2 IV. PROGRAM BUDGET DETAIL BY COST: COST CATEGORIES 1. Personnel Lab Director Summer Help 2. Capital Outlay 3. Travel 4. Dues and Conferences 5. Supplies b -18 NO. OF POSITIONS 1 0.3 TOTAL -- AMOUNT 18,375 2,000 1,500 180 330 4,500 26,885 BUDGET DETAIL BY- PROGRAM Date 11. / 29 /78 MO. DAY YR. FOR THE PERIOD Jan. TO Dec.. 1979 ( ) O,ri.gi nal C3 F) Revised I. PROGRAM TITLE: Emergency Medical Services II. PROGRAM BUDGET DETAIL BY ACTIVITY COST: ACTIVITIES Ambulance Service, Life Support and Rescue III. PROGRAM BUDGET BY SOURCE OF FUNDS: AMOUNT 167,517 TOTAL -- 167,517 0 CHS Local Participation Other ** Other ** Total Subsidy Tax Levy Fees Other State Federal Budget 33,322 1 130,195 4,000 1167,517 * *Specify Source of Funds. b -19 BUDGET DETAIL BY PROGRAM PAGE 2 IV. PROGRAM BUDGET DETAIL BY COST: COST CATEGORIES 1. Personnel Paramedics 2. Capital Outlay 3. Supplies 4. Contractual Services 5. Fixed Charges BUDGET DETAIL BY PROGRAM- Da,te..... / 29 / 78 MO DAY YR. FOR THE PERIOD ,Ian. TO Dec. 1979 ( ).. Ori -gi nal (x ) Revi sed I. PROGRAM TITLE: Home Health Services II. PROGRAM BUDGET DETAIL BY ACTIVITY COST: ACTIVITIES AMOUNT Skilled Home Nursing 16,273 Home Health Aide 6,974 III'. PROGRAM BUDGET BY SOURCE OF FUNDS: State Federal Budget TOTAL -- 23,247 V CHS Local Participation Other ** Other ** Total' Subsidy Tax Levy Fees Other State Federal Budget 23,247 19,759, 3,488 * *Specify Source of Funds. b -21 BUDGET DETAIL BY PROGRAM PAGE 2 IV. PROGRAM BUDGET DETAIL BY COST: COST. CATEGORIES NO. OF POSITIONS• AMOUNT Contract For Service.with Bloomingtonjublic Health Nursing Services 23,247 BUDGET DETAIL BY PROGRAM MO. DAY YR.. 1979 FOR THE PERIOD Jan.TO,Dec. ( ) Original ( X ) Revised I. PROGRAM TITLE• Disease Prevention and Control II. PROGRAM BUDGET DETAIL BY ACTIVITY COST: ACTIVITIES AMOUNT Senior Center Health 3,105 Vaccine 1,200 III. PROGRAM BUDGET BY SOURCE OF FUNDS: CHS Local Participation Subsidy Tax Levy. Fees Other 19248 3,057 * *Specify Source of Funds. b -211 13 TOTAL.-- 4,305 Other ** Other ** Total State I Federal .Budget 4,305 BUDGET DETAIL BY PROGRAM PAGE 2 IV. PROGRAM BUDGET DETAIL BY COST: COST CATEGORIES NO. OF POSITIONS• AMOUNT Contract for Services with Bloomington Public Health Nursing Services 4,305 b24 BUDGET DETAIL BY' PROGRAM° Date 11. /`2 9 /78 MO.. DAY YR. FOR THE PERIOD Jan. TO Dec. 1979 ( ) Original, (X Revised I. PROGRAM TITLE: Community Nursing Services II. PROGRAM BUDGET DETAIL BY ACTIVITY COST: ACTIVITIES School Health Counseling Home Nursing I-II. PROGRAM BUDGET BY SOURCE OF FUNDS: AMOUNT 4,644 7,157 19,195 TOTAL -- -30'996.. 0 CHS° Local. Participation Other ** Other ** Total. Subsidy Tax Levy Fees Other State Federal Budget 15,642 15,354. 30,996 * *Specify Source of Funds. b -25 BUDGET DETAIL BY PROGRAM PAGE 2 IV. PROGRAM BUDGET DETAIL BY COST: COST CATEGORIES NO. OF POSITIONS AMOUNT Contract for Services With Bloomington Public Health Nursing Services 30,996. TOTAL -- b -26 30,996 BUDGET DETAIL BY PROGRAM Date 1.1 / / 78 M0. DAA Y YR. FOR THE.: PERIOD Jana TO Dec. 1979 � ) Ori gi,nal X ) Revised I. PROGRAM"TITLE: Maternal and Child Health II.-, BUDGET DETAIL BY ACTIVITY COST: ACTIVITIES Childrens Health Adult Health III. PROGRAM BUDGET BY SOURCE OF FUNDS: AMOUNT 16,317 6,069- * *Specify Source of Funds. b -27. Local Participation Other ** Other ** Total` CHS Subsidy Tax Levy Fees Other State Federal Budget 22,386 122,386 * *Specify Source of Funds. b -27. BUDGET DETAIL BY PROGRAM PAGE 2 IV. PROGRAM BUDGET DETAIL BY COST: COST CATEGORIES NO_. OF POSITIONS ' AMOUNT Contract for Services with the Bloomington Public Health Nursing Services. 22,386 TOTAL -- 22,386 b -28 BUDGET DETAIL BY PROGRAM "FOR THE PERIOD .Tan. TO Dec. 1979 I. PROGRAM TITLE: Health Education II. PROGRAM BUDGET DETAIL BY'ACTIVITY COST: ACTIVITIES Public Information and Education III. PROGRAM BUDGET BY SOURCE OF FUNDS: Date -11. /-29 / 78 MO. DAY YR. ( ) Original, ( x ) Revised AMOUNT 5,166 .TOTAL -- 5.,1.66 0 US- Local Participation Other ** Other ** Total Subsidy Tax Levy Fees Other State Federal Budget 5,166 5,166 * *Specify Source of Funds. b -29 .< BUDGET DETAIL BY PROGRAM PAGE-. 2 _ IV. PROGRAM BUDGET DETAIL BY COST:: COST CATEGORIES NO. OF POSITIONS AMOUNT Contract for Services with Bloomington Public 5,166.' Health Nursing Services MINNESOTA DEPARTMENT OF HEALTH COMMUNITY HEALTH SERVICES SUBSIDY PLAN BUDGET REPORT For the Period Jan. To Dec. 1979 Name and Address of Organization: I. PLANNED EXPENDITURES: Programs Community Nursing Services Home Health Services Disease Prevention & Control Services Emergency Medical Services Health Education Environmental Health Services CHS Planning & Admin. Maternal & Child Health Services Native American Services Other (Specify) TOTAL - Planned Expend. TOTAL - In -Kind Contrib. TOTAL - Planned Expend. Less In -Kind Contrib. II. CERTIFICATION (SIGNATURES) Other Local Partirinatinn Partir_inatinn rnn +r i mn. BUDGET ( ) Original ( x ) Revised CHS mhsidv Tntal I certify that to the best of my knowledge and belief the data reported on this form is correct and that all transactions will be made in accordance with subsidy provisions and applicable assurances. AUTHORIZED OFFICIAL DATE FISCAL MANAGEMENT OFFICER DATE ADDRESS h— 'A 1 15,354 15,642 30,996 3,488 19,759 23,247 3,057 1,248 4,305 134,195 33,322 167,517 5,166 0 5,166 73,176 11,875 85,051 22,386 0 22,386 256,822 81,846 338,668 1,200 256,822 80,646 337,468 I certify that to the best of my knowledge and belief the data reported on this form is correct and that all transactions will be made in accordance with subsidy provisions and applicable assurances. AUTHORIZED OFFICIAL DATE FISCAL MANAGEMENT OFFICER DATE ADDRESS h— 'A 1 MN DEPT. OF HEALTH CHS SUBSIBY PLAN BUDGET REPORT, PAGE 2 III. PLANNED SOURCES OF FUNDS CHS Subsidy Financial Assistance Direct Assistance Local Participation Local Tax Revenue Municipal County Revenue Sharing Medicare Reimbursement Medicaid Private Insurance Patient Fees Veteran's Administration Contracts (specify) License or Permit Fees Grants (specify) Gifts /Donations In -kind Contributions Other Income (specify) Other Participation Other State Funds (specify) Other Federal Funds (specify) TOTAL -- Planned Sources of Funds TOTAL -- Less In -kind Contributions Excess Funds Collected Over (Under) Total Expenditures b-32 AL 80,646 1,200 229.822 27,000 338,668 337,468 SUBTOTAL 81.846• 256,822 MINUTES OF THE SPECIAL MEETING OF THE - EDINA HERITAGE PRESERVATION BOARD HELD THURSDAY, AUGUST 24, 1978, AT 7:30 P.M. EDINA CITY - -HALL CONFERENCE ROOM Members Present: Chairman Foster Dunwiddie, Tom Martinson, Maryanne Herman, Paul Mucke, Gordon Stuart, Frank Thorpe. -. Staff Present: Harold Sand I. Approval of the Minutes. Mr. Martinson moved that the minutes of the June 8, July 13, and August 10, 1978, Edina Heritage Preservation Board be approved as submitted. Mrs. Herman seconded the motion. All voted aye; the motion carried. Mr. Dunwiddie indicated he would like to hear item number.:three on the agenda next-to save Dr. and Mrs. Stallard some time. IhI. Grimes House. Dr. and Mrs. Stallard were present and indicated they were the purchasers of the Grimes House. They anticipate gaining occupancy September =l, 1978. Dr. Stallard presented an outline for the building and requested a permit from the Board to proceed with the work. Dr. Stallard explained the following items that they would,like to- proceed with immediately: 1. Replace the diseased elm trees with maple or ash. 2. Trim overgrown shrubs in front of the house. 3. Restore the outbuilding behind the garage and convert to a workshop for repair work. This includes truing the building, insulating, sheetrocking, and painting the interior and providing electricity. 4. Remove the antenna mounted on the chimney. 5. Remove the exposed toilet and lavetory from the master bedroom. 6. Shorten-the two kitchen,-windows on the west side of the Melvin Grimes addition. The windows -are to match the design and length of the north kitchen window. The mod- ification will allow a normal height countertop in the kitchen. 7. Restore the first floor bedroom. Remove the modern door and picture window and replace them with period windows. The sliding and interior paneling would be replaced. I Minutes of the August 24, 1978 - Special Meeting, Edina Heritage_ Preservation Board Page 2 8. West. side porch floor would be replaced. 9. Replace aluminum storms and screens with wood. 10. Update and bring to code the wiring, plumbing, and heating systems. 11. Redecorate the interior preserving all original hardware and restoring to the late 1800's. 12. Repair all shutters, railings, and trim to prevent further deterioration. Dr. Stallard indicated that he would also like to perform the following work at some -time in the future. However, he was not prepared at this time to.apply for a permit for this work. 1. Remove all old roofing and replace with sawn Cedar shingles, 2. Rebuild chimney(s) which have been removed. 3. Remove screened porch on East and restore as shown on old wood cut. 4. Remove porch on front west in order to restore original lines of house and construct porch similar to the one to be built on the West. 5. Attempt to blend the three car garage into the style of the house. 6. Paint the exterior to original colors. 7. Replace the fence in front as shown on old wood cut. 8. Construct building on old foundation at rear of lot consistent with original. Dr. Stallard indicated that he would also like to engage Mr. Dunwiddie for some consulting work on the restoration. He indicated that some of the items listed were not actually required to be reviewed by the Board for a permit; however, he wanted the Board to be aware of the proposed work, and he welcomed their advice in these matters. Mr. Sand mentioned that a building permit would be required for items 3, 5, 6, 7, 8 and 10 from the immediate list and possibly numbers 1 through 5 on the future list. Minutes of the August 24, 1978, Special Meeting -of the Heritage Preservation Board . Page 3 Mr. Dunwiddie said that he applauded the removal of the aluminum storms and screens and replaced with accurate reproductions of the original storms. If,,that could not be determined;, a.pattern- matching the, original windows should.be used. Mrs. Herman said the proposal sounds very commendable and suggested that they consider a ginkgo tree as a. replacement because Mr. Grimes imported the species to the area. Mr. Dunwiddie said that he would like to look at items 6, 7, and 12 in more detail with further consultation on the site. It is important in any restoration to sort out who did what at various stages and then proceed to avoid back tracking. There was a concern in number 12 that there is an effort to preserve all the parts that can be and faithfully reproduce the, parts that can not. The historical society may be interested in'preserving any surplus parts. Mr. Dunwiddie asked if Dr. Stallard had received the list of interior elements that were important to preserve, and indicated that these are not necessarily the only elements of the interior that are original. Dr. Stallard said that he did receive the list, and they were sensitive to the preservation of the original elements. After further discussion Mr. Martinson moved that the Board approve a permit for items listed.for immediate consideration subject to further consultation on the site for items 6, -7, and 12. Mr.. Thorpe. seconded the motion. All voted aye; the motion carried. Mr. Dunwiddie indicated that they could move to item II on the agenda. II. Historic Survey: Progress Report. Mr. William Scott, AIA of Setter, Leach-and Lindstrom Architects and Mr. Jeffrey Hess, consulting Historian were present to give an interim report. Mr. Scott indicated that this report was off schedule because they were involved in greater depth than expected. They were very excited about the methodology that they were using and that they were through with the Historic Aspects at this time. Their next area of investigation will be in the Country Club. They have met with Charles Skrief-of the Minnesota Historical Society and discussed the..methology, and-he has.,approved their approach. Mr. Hess outlined the research approach they have used. They have developed a research bibleography outlining available resources. They they isolated all previous survey work including the Bicentennial survey and the 1971 survey by Dudley Parsons using the 1898 map which showed structures. He has inventoried all the structures identified in newspaper files and in Mr. Dunwiddies files. He has reviewed all 15,000 assessors files trying to select all pre -1920 structures either from the assessors date or the photos. This provided a huge master -list. Mr. Scott reviewed the assessors cards and made a stylistic analysis and they prepared a color coded historic map with. all the structures platted on it. J. _ Minutes of the August 24, 1978, Special Meeting; Edina Heritage Preservation Board Page 4 This shows some interesting patterns of all structures that existed in 1920 and their style patterns. He said he then went to the-1898 map of Edina and drew in the half - section lines, triangulated the distance of the structures from the section lines, and transposed,them to the current maps. The build'ings.could be-located and inspected.on site to determine if there were any structures they missed on the other inventories. The technique proved to be extremely accurate. Mr. Scott said that some homes that appear to be original may have been moved in and are deceptive. Mr. Hess said.they then analyzed the prospective matches. Mr. Martinson indicated he liked the methology and was impressed that they have gotten to the core of what the early.town of .Edina was about. Mr. Scott indicated that they then looked for historic neighbor- hood districts and clusters that suggest possibilities. There are some bungalows on.West 44th Street that are very good. .There is also an interesting collection in the northwest quadrant. Mr. Hess said one other study they have done is a chronology of platting through 1950 with the date and the developer. It appears the major development between 1914 -18 was in the Normandale section by Pamela Park. Mr.. Dunwiddie indicated that they also might check into the pattern of development of roads. After further discussion the Board generally agreed that the consultant's approach and progress were satisfactory. Mr. Sand reviewed the billing the City has received for the consulting services. The Board generally agreed that the consultants should be paid and that a portion of the funds should be retained until the.final report was submitted. No further action was taken. IV. Next Regular Meeting Date. Due to a conflict on meeting dates, the Board generally agreed to change the September meeting from the 14th to the 19th at 7:30 p.m. in the City Council Chambers. Mr. Dunwiddie asked the staff to send a. letter to Mr. Wiltz indicating the change and that the designation of,the Baird House would be on the agenda. V. Adjournment. Mr..Martinson moved that the meeting be adjourned. Mr. Muche seconded the motion. All voted aye; the motion carried. Respectfully submitted, 1 Harold Sand HS: jt MINUTES OF THE REGULAR MEETING OF THE EDINA HERITAGE PRESERVATION BOARD HELD TUESDAY, SEPTEMBER 19, 1978 AT 7:30 P.M. EDINA CITY HALL COUNCIL CHAMBERS Members Present:,_. Chairman Foster. Dunwiddie, . Frank Thorpe, Paul Muche, Betty Paugh, Maryanne Herman-, Gordon Stuart. Staff Present: Harold Sand I. Approval of the Minutes Mr. Sand indicated the minutes for August 24, 1978 were not available. Mr. Muche moved the minutes be continued until October 12, 1978. Mrs. Herman seconded the motion. All voted aye; the motion carried. II. Baird House. 4400 West 50th Street Mr. Dunwiddie.said that this"'item was last,considered by the Heritage Preservation Board on June 8, 1978; the matter was continued until the September meeting at the request of the present owner, Mr. Dick Wiltz. Mr..Sand said that Mr. Wiltz was notified of this meeting and that.,.Mr. Wiltz indicated he may or may not attend. Mr. Wiltz has completed the purchase of his'new home in Minnetonka. However, he had not sold the Baird 'House. Mr. -Sand said that Mr. Wiltz indicated to- -him that he would not oppose the designation of the Baird House as a Heritage Preservation District which is consistent with his statements at the June meeting. Mr. Stuart inquired if the property was listed on the National Register at this time. Mr. Dunwiddie said :that it has been nominated and the nom- ination was filed with the State Historic Preservation Officer. However, the State Review Board has.not reviewed the nomination because they have been concen- trating on other areas of the state. Mr. Thorpe inquired if Mr. Wiltz had any proposal for an adaptive re -use of the property. Mr. Sand said that he has not received anymore inquiries. The -Board generally discussed the merits of an adaptive ,re -use of the property. They decided they would not formally address the issue without a concrete proposal-. However, the concept will tend to enable the owner to provide rehabilitation and maintenance of the property. Mr. Stuart moved that the Board find sistent. with paragraphs. (b) and (c) of the.Criteria for Significance, and ,,that the Board adopt the statement of findings for numbers 1, 2, 3.b, 4.b and c, and 5.b, and the property is designated a Heritage Preservation Dist the motion. All voted aye; the motion carried. that the property is con - Evaluation of Heritage significance with affirmative therefore recommend that rict. 'Mrs. Paugh seconded Minutes of the September 19, 1978 Heritage.Preservation.Board Meeting, Page 2 III. Other Business A. Grimes House. Mr. Dunwiddie said that Dr. and Mrs. Stallard moved into the Grimes House on September 1, 1978. They have asked him to perform consulting services on the restoration of.the house. Mr. Dunwiddie said that he asked the Mayor and the City Council if this would constitute a conflict of interest, and they have indicated they could not see any problems. IV. Next Meeting Date: October 12, 1978, at 7:30 p.m. V. Adjournment Mr. Muche moved that the meeting be adjourned. Mrs. Herman seconded.this motion.. All voted aye; the motion carried. Respectfully submitted, Harold Sand HS: j t MINUTES TRAFFIC SAFETY COMMITTEE DECEMBER 12, 1978 9:30 A.M. The Traffic Safety Committee meeting scheduled for December 12, 1978, at 9:30 A.M. was cancelled due to no Traffic Safety matters to be heard. Respectfully submitted, Lowell Holman, Secretary Edina Traffic Safety Committee BOARD MEETING STOREFRONT /YOUTH ACTION AGENDA November 16, .1978 Call to order 2. Approval of Minutes of September 21 meeting 3. Financial Report 4. Third Quarter Statistical Report 5. H.A.Y. D. P. Report - Bernie Greensweig 6. Youth Worker Report - Project Charlie 7. Director's Report 8. Discussion of 1979 salaries 9. Other Business l STOREFRONT /`i'OUTH ACTION MONTHLY REPORT SEPTEMBER - OCTOBER 1978 I. Counseling: During September 441 hours of staff time were spent in counseling sessions. One to One Family Group 219 sessions 142 sessions 40 sessions totaling 80 hours September: (Hrs.) Individual Couns. Family Couns. Group Total Richfield 66 54 120 Bloomington 66 - - 51 117 .Ed i na 77 32 109 Eden Prairie 2 2 Mixed 1 40 41 Other 10 2. 12 Total 219 142 40 401 (B) During October 405 hours of staff time were spent in counseling sessions. f One to One Family Group 202 sessions 131 sessions_ 36 sessions totaling 72 hours October: (Hrs.) Individual Couns. Family Couns. Group Total Richfield 72 71 143 Bloomington 65 27 92 Edina 65 33 3 101 Eden Prairie Mixed 33 33 Other Total 202 131 36 369 (2 ) v COUNSELOR ACTIVITY - September Intakes Terminations Follow —ups Open Cases Wolff II 12 12 35 Beaty 9 11 7 31 BrouiI l ette. 4 16 4 15 Weber. 11 21 1 38 Anderson 8 16 22 18 Wernick 3 - 6 22 Powel 1 4 3 8 4 Fagin 4 _ 3 4 Total 54 76 63 167 .COUNSELOR ACTIVITY - October Intakes Terminations Follow ups Open Cases Wolff 12 13 9 34 Beaty 15 6 7 40 Brouillette - 5 14 _ Young 15 - - 15 Weber 18 10 74 46 Anderson 12 5 2 25 Wernick I - _ 23 Powell 8 I 15 11 Fag i n 2- - - -- _10— 6 Total 83. 39 131 200 v (3) 1 I. PROPERTY. OFFENDER PROGRAM - October referrals - 18 7 females 11 mal es II Bloomington 4 Richfield 3 Edina 0 Eden .Prairie B. CHEMICAL ORIENTATION PROGRAM A total of II units; 35 persons participated in this months program. Residential span is as follows: Bloomington 5 Edina 2 Richfield 3 Eden Prairie Minneapolis The following results are indicated from program involvement Acct Not Accepted Residential Treatment Out Patient Treatment Ind./Family Counseling 1 Create Case Terminated by staff 1 Other (AA, Alateen) Drop out Action Pending No further, action needed Professional Trainee 2 Support group not C.D. 3 Family Plus 1 (4) C. r.�roject CHarli.c Progress Report September 1978 In September Project Charlie clot started on the fall program in in the elementary schools. 25 classes were set up in the 6 schools, Ted and Judy working at Creek Valley,. Concord and Cornelia, Nancy and Wayne at Wooddale, Highlands and Countryside. They also do a weekly class at the Creekside Nursery School. 4 classes are in the primary grades and.the rest.in intermediate, with several more ready to be scheduled. Several meetings with PTA groups and teachers were held. Project CHarlie,plans were presented at a Principal's Meeting, and work was done with the Edina School District Health Committee. The team also attended school staff meetings and a Mother's.Tea and Open House at Wooddale School, enlisting new volunteers following their program. The Elementary Team is taking classes at the Washburn Child Guidance Clinic weekly. - They attended an all -day Adler Institute Conference on Parent -Child Conflict. To acquaint themselves with more Chem. Dep. knowledge, Wayne and Judy attended Storefront Orientation meetings, and 4 afternoon programs at Parkview Treatment Center. A meeting with the new GEAR team was held - Goals Encourage Academic Responsibility - a group working one -on -one with children having prob- lems, working with the Special Education Department. The U.,of Minn. Pharmacology Department put on a session on elementary drug education for us. Nancy attended a Child Abuse Seminar, and the entire staff participated in Dr. Coffey's Management Objectives Seminar. The Edina Human Relations Commission asked Project CIIarlie to work with them on the annual Peoplemaking Week, as the elements...of drug abuse prevention and those of Peoplemaking, bettering family relationships, are closely related. Accepting the responsibilities for the program, Chick spent most of her time in September on the project. Peoplemaking Week is set for the week of November 12 -18. Programs will be held in the churches and schools during the week, culminating in a day of workshops on Saturday, the 18th. Sue Bonoff worked on the program and publicity committees, coordinating activities with other committees. We have scheduled several Project CHarlie programs for PTA groups, and the Project CHarlie team will give a workshop for Peoplemaking on "How To Build Your Child's Self- Esteem ", on November 18. The slide show presentation is being updated and will soon be ready for showing. Sue and Wayne have worked together on this. A poster project is being held in the school with each child's "Feeling Good" poster made into a button to be worn during Peoplemaking Week. We hope to make the community aware of the positive approaches of prevention. Chick also attended meetings for suburban project CHarlie groups, met with the Edina Resource Pool, and set up several programs for community groups in the coming months. A volunteer meeting produced some solid ideas, and our pamphlet distribution continues to be a successful venture. Chick Strawbridge Project CHarlie �solu,� ion o�-,"e.s Yn fWZWa-ir*0,7t 4113 W. 54th St. Edina, AIN 55424 926 -3000 Project CHarlie Report for October, 1978 In October, the Prevention Team set up new classes in the ele- mentary,schools, and continued working on their units on self- aware- ness in their classes. Judy Terrien is serving about 300 students at Cornelia School, rotating classes every other week. She has.4th, 5th and 6th graders, an.SLBP class and -a primary class, with several more planned. Nancy Reinisch has 3 6th grade classes and l first grade class at Wooddale, and 2 6th.grade classes, 1 4th, 1 4 -5th and 1 5 -6th grade classes at Highlands. She also has primary classes set up for monthly meetings. Wayne Krefting is serving Countryside School in 2 6th grade classes and 1 3rd grade, and assists Nancy, .Judy and Ted in their schools. Ted Gwinn has 3 4th grades at Concord and at Creek Valley, 2 6th, 1 lst, 2 4th, and 1 5th grades, and will presently begin 4 more 6th grades. In addition to a full schedule in the schools, Judy and Ted ran a workshop on Anger for the Cornelia Teachers' Staff, with positive feedback. Wayne and Nancy did an In- Service on Peer Pressure.for Edina, School District teachers. Nancy and Ted made a presentation on Primary Prevention for the Chemical Dependency Program at the University of Minnesota. Judy and Ted did a program for the Hennepin County Librarians on Communicating with Teenagers. Wayne participated in a panel discussion at Normandale Hills Elementary School for the PTA serving about 250 persons, on Prevention and Intervention. The Prevention Team has two the University of Minnesota, for and Wayne are participating in an Guidance Clinic every Wednesday. Bonoff to put together an updated completed. interns now working with them from short -term sessions. Nancy, Ted internship at the Washburn.Child Wayne has been working with Sue slide show, which has now been Chick Strawbridge has continued work on Peoplemaking Week in Edina, workshops to be held on November 18 at Edina West Upper Division. Pamphlets are being distributed throughout the area. She presented a program for PTA chairmen on available programs for their membership, and set upa Senior Citizen's Chemical Dependency session. Posters and units were made for the use of the Team in the schools. A good deal of the month was spent closing out the Project as a CETA program, involving a lot of paper work. Altogether, October was a productive month for Project CHarlie. Chick Strawbridge (6) D. OTHER I. Joan Weber started a four week class on assertiveness for area police women some city of Richfield employees. The class is being co- taught by Sue Harris. Ten women are participating in the course. 2. Project Charlie IV had its kick off in Bloomington. About 200 persons attended the kick off. Project Charlie is a community project to provide education about chemical dependency. Scott Beaty is on the steering committee for Project Charlie IV. 3. Mike Wolff and Steve Lepinski participated in a meeting of various professionals in Hennepin County concerned about child abuse and neglect. At the meeting the Hennepin Area Council on Child Abuse and Neglect was formed. Mike will continue to be involved in this group. III. COMMUNITY EDUCATION I. Dan Powell and Scott Beaty conducted a two hour workshop on improving communication with teen agers for suburban library staff at Southdale library. About twenty library staff were present. 2. Beth Fagin has given 7 Chemical -Dependency presentations this month to three health classes at Edina West Upper. Sixty students were in attendance. 3. Project Charlie sponsored a clergy training session on Chemical Dependency diagnostic and referral sources which was held in Richfield and attended by approximately 30 clergy. Mike Wolff from Storefront, Wally Koch, Chaplain at Fairview Southdale. Metro Drug Awareness conducted the session. 4. Chemical Dependency presentations were given by Mike Wolff to six health classes at Richfield High School, involving 240 students. 5. Joan Weber conducted an inservice for the faculty at East Middle School in Richfield to _give an overview of chemical dependency especially as it relates to students. IV. ADMINISTRATIVE FUNCTIONS I. The staff at Store front/Youth Action participated in four two hour sessions conducted by Dr. Walter Coffey, a management psychologist, on the development of an objective management system for Storefront/Youth Action. The workshops clarified job descriptions, helped prioritize agency and staff objectives, and laid the groundwork for development of individual objectives for each staff person. 2. Decisions were made regarding 1979 funding for Storefront/Youth Action by Richfield Bloomington, Edina and Hennepin County. The following amounts were approved: Richfield: $22,000.; Bloomington: $191500.; Edina: $14,500.; and Hennepin County: $45,048.; 3. Storefront /Youth Action's application for L.E.A.A, funds to develop an Adolescent Victim Counseling Program, for physically and sexually abused adolescents was approved by the Crime Control Planning Board. The grant is for $45,500. during 1979. Storefront /Youth Action was one of three projects funded to respond to adolescent abuse. . Both of the other projects were county welfare departments. 4. Storefront /Youth Action's application for Youth Intervention Program funds from the state of Minnesota has also been recommended for funding. The $9,162. recommendation is slightly less than the $10,000, requested in order that an additional grant may be funded in the metropolitan area. 5. Steve Lepinski was involved in the formation of a statewide Youth Intervention Program .Association (YIPA). YIPA is a formalization of the informal group which worked with state Senator Humphrey last spring on the drafting and passage of the Youth Intervention Program allocation referred to.above. YIPA will work toward continued state funding as well as provide a forum for program sharing, staff training, information distribution, and other needs identified by member agencies. V. STAFF TRAINING I. Joan Weber attended a family therapy workshop at Family Renewal Center. Instruction was based on audio - visual tapes of actual family ,sessions done by a number of prominent family therapists. 2. Marlene Ostergaard is attending a series of five workshops on financial record keeping for non - profit organizations. Enablers is conducting the series. 3. Steve Lepinski attended a one day workshop on "Accounting for Non Accountants. The workshop was offered through continuing education at the University of Minnesota. 4. Bob Anderson . is currently involved in on -going education at the University of Minnesota. The course, "Communicating with Adolescents About Sexuality ", is sponsored by The Center for Youth Development and Research. _B._STAFF VACANCIES 1. Mr. Dennis Brouillette terminated his positions as property offender counselor at Storefront /Youth Action effective September 29, 1978. 2. Mr. Dan ,Young was hired as the property offender counselor at Storefront /Youth _- Action. Dan had been working as a detached worker for the Northwest Suburban Y.M.C.A. Dan began on October 24, 1978. A x Storefront /Ycuith Action Board of Director's Meeting September 21, 1978 Members Present: Bernie Greensweig Sue Bonoff Mary Andrews Ed Orenstein Jim Nixon John Hamilton Meredith Hart Nancy Jorgenson Liaison Members Present: Rich Mahoney Staff Present: Steve Lepinski Marlene Ostergaard Robert Anderson The meeting was called to order by Mr. Bernie Greensweig. Minutes from the August 17 meeting will be approved at next month's meeting. Bob Anderson presented a summary of the revised Chemical Orientation Program and answered questions from the Board. Bob has redesigned the program, which now emphasizes a broader and more integrated approach with a theory tailored more specifically to adolescents. It is an innovative model, and is perhaps the only one of its kind in the country. Jim Nixon, Chairman of the Director's Committee introduced Nancy Jorgensen and presented her as a prospective Board Member. Nancy and her husband have a group home in Richfield for emotionally disturbed children. They are trained in treatment foster home care, which is used in lieu of institutionalizing and in de- institutionalzing children. In their 21 years as foster parents they have had 70 emotionally retarted youth with a 93% success ratio. A notion was made to elect Ms. Jorgenson to the Board of Directors. The motion was approved unanimously. Sue Bonoff reported that fi in hand. Seventy Thousand $5,000. additional needed. salaries for their staff. at Project Charlie and Ms. effective October 1, 1978. was unanimously approved. ending for Project Charlie for 1979 is well dollars have been raised, with only about This budget allows for an increase in Sue moved that each of the five positions Beth Fagin's salary be raised to $12,500 John Hamilton seconded the motion, and it Sue noted that Beth Fagin has moved from the Project Charlie staff to Youth Action. Also, this Fall for the first time, Project Charlie is conducting a First Grade class in addition to grades four through six. Since CETA funding for Project Charlie will be ending December 30, the Edina Public School System will be asked to assume permanent funding after that date. Much emphasis is being given to promoting community support of the program. - 2 - The Personnel Committee recommended two salary increases: Linda Berkman, from $7,200. to $7,800. and Steve Lepinski from $17,800 to $20,000. These increases are retroactive and effective September 1, 1978. John Hamilton moved approval of the recommended increases, Sue Bonoff seconded the motion, and it was unanimously approved. Mr. Lepinski reported that our requests for funding from the municipalit- ies are all still in progress. The Edina City Council reviewed our request for $17,500 this week and it's approval seemed likely. Mary Andrews.reported that Richfield's.City Council will hold it's budget meeting Wednesday evening, September 27. The Metropolitan Council has recommended approval of our request for LEAA funding of a program for physically or sexually abused adolescents. The Crime Commission will make a decision on the grant in October. Reports from Hennepin County indicate good progress on our request for $45,000. No word has been received yet on Youth Intervention monies. The 1979 budget has been drawn up on the assumption that CETA funds will not be available after December 30, 1978. If any monies are available, we will seek to continue one position. Steve reported that Dennis Brouillette has been terminated due to an unsatisfactory level of performance. We will be hiring to fill that position. Meanwhile, the Property Offender Program is still funded and cases will be re- assigned. Our agency has established an informal agreement with the YWCA Contact Plus program regarding the use of some office space as a base.for their Bloomington staff person, Chris Peterson. Our program and theirs will be working more closely. Our staff sessions with Dr. Coffey are progressing well. Much time has been spent on prioritizing duties to fit with time management. Steve suggested that future input from the Board may be needed regarding agency priorities. Our meetings with Dr. Coffey have helped to establish a new awareness of the management of growth in the areas of self and agency, as well as the need for effective time management. The new financial reports from HAYDP were reviewed with the conclusion that more clarification is still needed. Mr. Greensweig suggested that the appointment of the Nominating Committee for Board members be discussed at the next meeting, as there is still ample time for that. Mr. Lepinski presented the 1979 budget to the Board. Following questions and discussion, Bernie Greensweig asked for approval of the budget. The budget was approved. A number of ideas were discussed in connection with funding and community support. It was the concensus of the Board that another community mailing be done, possible in December, as an update report -- and -to- encourage some community donations. Meredith Hart noted that some monies might be possible through the Edina Federated Women's Club, which could be used to help cover the costs of such a mailing. .v -3 -- There was a discussion of -- the —need for an upgrading of the quality of the community newspaper as a source for keeping the area informed of various community activities, including that of Storefront /Youth Action. It was suggested that we invite the Richfield editor of the Sun to attend a Board Meeting, and that we have a new Board Member responsible for public relations The funding issue in Bloomington has.again surfaced as budget approvals has come. Steve explained that there unclarity with regard to programs and funding for Side Storefront /Youth Action, both working in Bloomington. solutions were discussed, but the concensus of the Boa the situation as it has been. the time for has been by Side and Possible . rd was to leave Bernie indicated that the resignation of John Brierley has been received. Gary Addis has not been reached, but a letter will be sent accepting his resignation due to lack of attendence. The committee will be seeking candidates for Board Membership to fill these vacancies. The meeting was adjourned at 9:25. Age: L��T /II,as" "dell 8 58 49 31 Prairie Ric`ifield D1001! l. Edina , 7 N 07 17 JULY /AUGUST /SEPT. 1978 14 Cthcp Tot a 2. 160 11 C4 UmI c r I 2 30/c 4 80/c 6 4% 1L--13 2 250/c 8 140/c 5 10% 15 9% 111 -15 2 250/c 22 38% 12 240/c 7 23% 2 140/c -45 28% L -17 4 500/c 15 26% 23 1 4701c 15 48% 5 36% 62 390/c 1•`3 --0 1 2% 6 19% 1 7% 8 5% 21 C.. C v c r 10 17% 5 10% 3 10% 6 43% 24 15% Sex: Female 5 630/c 28 48% 20 410/1 14 45% 9 640/c 76 48% f-Iale 3 38% 30 52% 29 59% 17 55% 5 36% 84 53% Source of Referral: Court Court Services 1 20/c 2 4% 2 6% 1 7% 6 4% Police Sheriff 5 630/c 13 22% 25 51% 9 29% 52 33% Correction Tnst, Parole Board Parole Agent School I ]-1-3%- 11 19% 3. 6% I 7% 16 1 0% P . Source 01, 1111 Ai'J's(cont. ) I- den 8 58 Prairie Richfield AL._ 07" AL *L JULY /AUGUST /SEPTEMBER 1978 49 31 14 Ploorn. Erin , O ;h -- Total 160 A/ 01_ w/_ 07_ n/_ CY A i_ Of 1 •! OtheT' CU1?:li1. ! ,, Cn( ;y 3 5% 3 6% 1 3% 5 36% 12 8% Pro j cct staff I 3% 2 3% 2 4% 3 10% 8 5% ClerI r Parents /Y am:Ily 1 13 %c 7 12% 8 16% 8 26% 26 16% Frimid 15 26% 3 6% 2 6% 4 29% 24 15% Pa ici nan ; ;c, f) 6 10% 2 4% 5 16% 1 70/c 14 9% other - I 3% Previous Involvement vI/CJS: -U Pol cc Cot c - RC rig anded anci Rcicased 4 50% 14 24% 27 55% II 35% 2 14% - 58 360/c Police Contact Doo?.cd Court/ Court Services 3 ° 2° Previous Client of Project: Yes 1 2% 3 6%1 6 19% 10 6% I`IO 8 100% 57 9 8°/ 46 94% 25 81-% 14 100% 150 31% pro 3 Intake (conL.) ti LcLSal Reason f'oY' llcl'f'crral: 1 J.en 8 58 Prairle Richfield ei. �7_ Ai- C'7. JULY/AUGUST/SEPT. 1978 49 31 14 160 I;loo.ninLston rd.-1 Other i o�y al Curfc': IlLZr? al': ay 1 13% 2 4% 1 3% 4 3% Incorl'i� ibillt : I 2% I .6% Truanc,-y .6% Other �Lc tL�s Oi'{'ci^c 2 4% 2 1% Lurcci:0 non- sI- onl:I "tiff" 3 5 °% o II 22% 2 6 °h 16 10% Larccn' -., Shopli f'tinZ 1 13% 4 7% 3 6% 1 3% I 7% 10 60/c Auto Tnef t VC.":dal:ioni 2 3% I 2 1% Pro 2U1tuu- on Dru[,f /Liauoi' Lavin 1 13% 2 3% 10 20% 6 19% I 7% 20 I3% Disorderly Other Violation 1 2% 1 3% 2 1% Other LL al (Divorce M A 5 63% 46 79% 1 19 39% 19 61% 12 86°/ 101 63% I s PY'COCIILI!IL� I' 'oUlei«: IIII AIU', ( coat ,) JULY /AUGUST /SEPTEMBER 1978 ]? l r n 8 58 49 31 14 Prairie Edchf ,- Id Lloom„ Edina Other Total 160 A/ _ 07 . !_ &I AG 07 At 07 AV _ C7 A I_ Personal 1 13% 16 - 28% - 5 10% 7 23% 1 7% v• 30 In 190/c Family Prof. 24 41% 5 10% 10 32% 4 29% 43 27% Chemical U-c IPr�ob, 3 38% 4 7% II 220 5 16% 6 43% 29 18% Survival Prob. P,IedicalLSexual Educational /School I Vocational Le -,awl P. -oblem Financ_�_al — Recre bone 1 Psyciiolor;ical Ilot A nlicaule 4 50% 14 24°/ 28 57% 9 3% 3 21% 58 36% UnIcnown !I n REASON FOR TERMINATION: TERMINATIONS Eden 21 62 72 ,Prairic I3.1chrield mourn. JULY/AUGUST/SEPT. 1978 82 13 Ed Ina Oth(',r Tct,r;.l 250 Completed Prog /Contract - Referral not needed 6 30% > 23 370 23 32% AM. 46 i s 520/1 5" X, 38° 103 41% Completed Pro Contract- Th.rou h Referral 5 240/c, 20 32° 20 28% 10 12% 3 230 58 23% Partici ated- Referral refused 1 5°/ 2 3°/ 3 4% 4 5% 1 8° II 4% Participated-Referral not available 4 19°/ 1 2% 5 2% Participated-Did not return 3 14°/ 12 19% 15 21 °/ 21 26% 3 23° 54 22 %. Participated-Term. bV staff I 50 3 5% 3 4°/ 7 3% Withdrawn bV committing agency Ran Aura Institutionalized court 1 2% 2 3°/ 3 1% •Moved Away I 5°h 3 4° 1 1% 1 8°/ 6 2% Other- 3 40A 3 1% UNDERLYING POTENTIAL PROBLEMS: Poss. Chem D6p of client " 17 81% 17 27% 41 57°/ 29 35% 7 540/ III 44% Poss Chem Dep of FamilV member 7 33 °k 17 27% 29 40° 20 24% 4 31% 77 31% Poss Child Abuse I 50k.. 16% 5 70/c 1, 1 %. 1 8% 18 70/c 40/c Poss batterin Non child Abuse 1 501 6 100/, 1 1% 1 I% 9 Poss Marital Problem 2 10° 24 390/c 12 170/c 24 290/c 6 460/c 68 27% Poss Learning Disa . bility 2 1b0/ 1 2% 5 70/c I 1% 9 4 %. Poss Prostitution 1 1% 1 .040/c Other 3 140 11 18% 20 28° 10 120/, 2 150/c 46 1 8% 1]'DIVI-DIUAL S!ICI",T COM'31"LLIG: 21 62 I'Ueri Prairie I i.chficld A/, 1-7. A /, '7. JULY/AUGUST/SEPTEMBER 1978 72 82 13 3100"a Edina Other T o'u- a 1 250 20 95% 62 100% 69 ---AA- 960X 77 9 113 6% 11000/, 4VL . 241 9 96% 40/c :0 1 5% 3 40/( 5 CJS CONT"CT 1111IL', CLIE.— elite 1 5% 5 80/c 8 11% 9 11%1 23 90/c 3% 6 80/c 2 2% I 10 40/c VI 1) —2 1 2% 3 40/c 1 1% 22% I 4 80/c 31% 5 4 iolc 20/c Ic a 2% 2 3°/ D'op Info. 2 30/, 10 140A .18 34 140/c Dcp 15 71% 8 13% 29 4001 10 12% 2 15% 64 26% 5% 2 30/% 1 1% 4 .2% :- 1Jur-ati-an 2 10% 2 3% 5 70/1 4 5% 1 80k 14 6% ob lie-,l1.) 1 inancial CounsclinC 2 3°/ 4 60X 1% 7 3% Advocacy, School 4 69 I 4 .2% ,'Avocacy.—Police 2 1 3% 2 .08% Advocacy, Courts, Court Services 5% 2% 1 1° 1 1% 4 16 .2% Advocacy General 14 17'/, 2 1 15% .60/c ,! (i" Al UL /L GG IJ Eden Prair- e F):Gk1T.'�.'r bC? F O Tot—, l 250 �� oom,� E1ina ��h,_r - a, cstktutioil I I% I .04% '.',ecveational I 2% I 1% 2 .080/c "a►nily Coumselin- 5 24% 32 52% 36 500/c 30 37% 2 15% 105 42 %. "coup Counselin4 __ ` II 52% 17 27% 12 170/c 30 37°/ 70 28% fridividual Lono Term Couns, 2 10% 18 290/c 23 32% 4 5% 1 80/c 48 190/c - 'ormal Diagnostic 4 6% 4 .2% II 4% ')ther II 13% 1 � •� :L Month JULY/AUGUST/SEPT. 1978 FOLIDW -UPS 136 ' Total Follow ups: -Iden Prairie 18 Richfield 48 Bloomington 47 Edina Other 5 a� Ju:�. Justice Contact • Eden Prairie Richfield Bloom. Edina Other A L 01 A 1. n-. 1 ./ h I- Total • � 't 6% 2 4% 6 13°/ "• 3 170/c i VII, 800/c i i, 12 78 9% 570/c :J 7 39% 32 670/c 26 550/( 9 500/c 4 A", ,source of Information: 10 21% :11ent 5 280/c 24 5001c 2 11% 1 20% 42 31% ?'.:rnily Ner;iber 2 11% 10 21% 17 360/c 9 500/c 2 40% 40 29% Other 5 11% 1 6% 1 20% 7 5% Unable to Reach II 61% 14 290/6 15 320/c 6 33% I 20% 47 35% �'ossible Problem r %rcus h-lentified : C/D of Client: Unable to discuss 2 4% 2 40/c ', I 20% 5 40/c — Inaccur• u2sess. Problem ldorsc ' 1 2% 2 4% 1 6% 1 20% 200/c 5 6 23 40/c 4% 17% Problem Sa me 6% 1. ,2% 4 9% I 6% :' orneviliat bettcr 6 ':' : .33% 6 13% 10 21% 1 • � 't Pg.: (col-it. .r,latl- to ''ice • 18 48 r a: I i -jl,(- hllblc to Clio( u::0 2 1 Fyc 3 60/c 'Lill. L 'O"ICIII Worse 1 2% L-oblcm Same 2 40/c i'oblcni ,-,L -tor 3 170/c 5 10% '3attcrinc/otiaor Abuse: Unable to discuss Ina-ccur. assess '_-'rob. Worse ?rob. Better 6% 1_ , 2 6% JULY/AUGUST/SEPT. 1978 47 18 5 3loom3 rPr 136 14DT fit 3 60/c 8 6% 1 20% I .70/c 1 2% 1 6% 3 2% 3 6% 5 40/c 5 11% 13 10% 2% 2 40/c 3 2% 6% 40/c 1 1 60/c 2 2 10/1 .7% 1 1 .7% .r,latl- to ''ice 'rob. lHor-c Dettei, '3attcrinc/otiaor Abuse: Unable to discuss Ina-ccur. assess '_-'rob. Worse ?rob. Better 6% 1_ , 2 6% JULY/AUGUST/SEPT. 1978 47 18 5 3loom3 rPr 136 14DT fit 3 60/c 8 6% 1 20% I .70/c 1 2% 1 6% 3 2% 3 6% 5 40/c 5 11% 13 10% 2% 2 40/c 3 2% 6% 40/c 1 1 60/c 2 2 10/1 .7% 1 1 .7% Pg . 3 i.t:,11 Proi)ICM FOLL0W -UPU (cone. ) 18 48 47 Eden Prairie Richfield Bloomington JULY /AUGUST /SEPTEMBER 1978 18 5 136 Edina Othcr `l-'otal 1 Unable to iii.,;31 ,s 2% I 2% 2 1% Ir. a- Ccur. asses 20% -- - 6 - -5 — 7 40/c "rob. Worse 3 17 °lo I 2 °lo I 2% I 1 60/o 2 40/c I 2% 1 6% 40/c :'rob. Rct',-o 5 10% I 2% I 6 % - 5% - "jr)aI)IC to �- Inaccur. asUe ;s - Prob. 2 4% — - 2 1% Prob. Better I 6% 2 40/o 3 2% }'ro.,ti tution : iI A Unable to discuss Inaccur. asscs- Prob. :lorge Prob. Same Prob. Bctter JULY /AUGUST /SEPT. 1978 1'UL,]..UIJi$ kornt.48 47 18 5 t � Eden Prairie Rich. Bloom. Edina Other Total 136 - - 4 3% -- - - - -5 40/c - I % - - ---- - - - - -- U11able to disctt:,s, - 2 4% 2 40/c — Prob. iioL ye I 2°/ 3 6% 2 4 °/d 2 4 II% L_ 1'rob. ,r�etteL _ I 6% 5 II %. 22 °k .lot 1.10I. -C I� - �: -trite .�ortewh:at better Better 0 AGENDA EDINA HWAAN RELATIONS C0i%AISSION 1.41EETING December 199 1978, 7330 p.m. I. Call To Order II. Approval of Minutes of November 21 meeting III. Chair Report IV. Peoplemaking Evaluation and Recommendations V. Appraisal of 1978 HRC Objectives (see attached) VI. New Business VII. Adjourn RT)INA ? ?id,,JA.M PF'l ATTnTTS I`( TT 4801- T'rST S)TH cTnrCT TiT^SnAY, *lOV -MBER 21; 1978 - 7:3() P.M. Members °regent Membpr5 nh��r,t Ray O'Connell Ypi-,r nndnrpon Roberts Leslie _!rner ?r.ring 9. " -e ,rs Tom T. Oye Kathryn Sn'tlin R cbnrrl ,rnl^nPev pat Mona Qtaff D -ocont Janie *'cMichael The meptino ••r7C callpd to orrler -,t 7:45 n.r,. by Ch-,i.rnp -son. Leslie Turner. A T!17ti.on ryas melp by P.y O'Connell, and ,Sncrorl ,-�. by Ri.chnrr Y-,!on -y that thr- rtiw,tn,q of the renteml?pr 1.,3tl� mPeti_np b- ,�nnro�.rp!� �� P, bmitt -e. Thn motion c ^rri pa. motiZon. q Tn-w 4e by Rich -,rd Yallonnv �,nO S °conrl-d by pat Llon^ tl—t the T.linr,toa of the Octol?or 17th rioat;nn he - nnrn,.,nA ..c c,0irn4ttp('. 7t p rotion enrr;-o.l -ncl the m;.nvtos •,pr- ^nnrnvp:. Ch ^ir Leslie T'.,rner anno ".need the r- ri-onntion of John C ?rlstrom and R-7. non%,Td ,l1s^!nn. The need for a„noi_ntme^ts to the Com- i-sion There -r- fo,zr .v -,c ,,nci.es on the Commispi_on. it 6,aa ctr -sr-i by 'Rich-rd M- ,honpy th-,t appaintrents should be mwrlc es Coon nS nnsP4.bip. Thp Mavor haq ^slce!1 Commission meirherp fnr cr•,pections. *^s. Mc ?rich -iel c••bT94t the names of the indiirit?irol.c s, +agecterd to the 'Inyor. Ms. Turner also renort_e -1 on the progress of tl.p Nation ^l Col.lncil of Chl,rch -P project on fA!Aly violence. A local, commit-t- has been formed. 'inn po,•,p]_]. of - Stnr- f.rc,nt./ Yoiith ?cti.on w; 11 SP?'{1P on the committee and rpnnrt to the Co— isgion. neo„ler'alci_n° Dennrt Ray O'Connell Corr--rfW. Yathryn c'ehlin for the wcn].l,ent. lob =or.- nn the T. *orkshnn. '?e alas t'`. -nkr-d Tor, ()y-, !-clip Tr,rner, -,r,4 n; c1.,,rd. ,r,t,n.,ny for t?Ie; r p4�fortR . 3on noonln nttpnr?(rj *1,e r•orkghoT). A,n p..,l.,,at�_on of t -ho ,aorlccl -nn •:;.1.1. by ..rncR,nrncl -t the 7.ecemhpr --- ti.n(,. ^_'ho Commi.c-sion i.l -1 r��ort to the �i_ty Co ncit i.n Jannt-ry. Thnni, �o„ letters G- -11 b- q -nt to •,nrl,. ^hop S,.nnnrtn:'c, Tibsk rnren ^nnnrl-q .7 1'?-M e)n 'e" T-.i-np-r r-Nort-�! tli- , inol4e-v --,e4 4-r ln-nntntton nrorP!13 Violpnc^ •,ill 1.1p qllb-if-1-1 to t}-? 7d4— Ccliool. 'Ro-rA for -dnTtinri. Till 1 ny qton?,^l nPrl 'T"Idy F,nq-n a-i-loncid tl-- nnl,_CV, tr--.ni-9 ip inch,.Teri -q ,—t of tb- "(0-icy. Youtb. T-rk Fore -; Rif--h-rd Y. znr-? t-h,. (7,iti7, of h,ip lr%nrnl-fI fiIZL,50() ln-rr'�i— of Storn4--rort/Yo 11 A�C, o,nr---t T,ith + TIhn Mo,nt J.e c r}, nn -M-3 'lf-T, A ti on MIF "tor"'Prort/70 -C 7,v O'P-onnrll 'r-ill. nont�ct Ci -ty vpn -Osl-)A to Ai.scllpq th- d-cr-'sp, c1hamic"! P-t 11on. rpport,?,r� tlir-- T,,rrcr,Tnq on. Ch�Tnir!,,l -enanfl-nry b^I-A .n "r,4"- chi,rrlhnq in conilinr.tlon rail-11 the -ponIr!yn-ki.r- -taorkp'kon. A" n--lj-rt Mroa-r,T, WaR hPIA of STS. 11ono tb-+-* TWE', of I-ro—ct Ch-,rli� is estnblip'�il.ng q,ip-Nort group for T)%*r,?ntq of cllpmi-c-llvl Old !- Nev.? Pay C'Conrc11 b--T!n contoctne b"" 01",nri.-tPnOp-mt of qchoolq, RAlnh T-iol?pr, in rp-ores to tF,,' school inT7ocotion policy. Dr. Li-ber is 'on— toning -q "Oli.cv For cc-1-001 70�rrl -!Onti.on. There beinq no furthpr business to diDec,iss the Tnectinz r-oq Pdjollrned at 9:3() p.m. AGENDA EDINA HUAAN RELATIONS X,,, AISSION MEETING November 21, 1978,`7:30 p.m. I. Call to Order II. Approval of the Minutes of the October 17the meeting III. Chair Reports Resignations Need for New Members IV. Peoplemaking Report.and Evaluation V. Task Force Reports VI. Old and New Business VII. Adjourn T?11TNA TTTTMAN RT?LATTONS ( OMITSSTON 001 T•TEST 50TH STRFRT .00TOBFR 17. 1978 - 7 :30 P.M.- Memh�rs ProcPnt Leslie Turn -r Kmt_hryn Cehli.n Inrinc, B. A.riems Dot Lion" Richard Mahoney Stuff present R ,,lnh R. C- mnhell TII Gene SylenstrP Memhers Abz -nt Ravmnnd O'Connell Tom Oy,n Rev. Tbnnld AGmen M -ry AnAerson R.ohortc John rnr.lstrom OuPStc Progont S»P pon_off The meeting was cnll?d to order -t 7 :30 D.M. by Ch- irnnrson, Leslie Turner. The min +,tae of the Santom>,Ar 14Th me -ti.ng could not bA ^nnroVPr ?,nc^ ce of - 1 -ck of c—orum. Chair Reno, -t The Choir mitlinori city Crn,nci.l. concerns "s irn ;c -t -o -t ti,- Re_ntPmllor 2nt..h budvt hPari.na. The Chair also rs!,i,estPd namPC of possible FRC c- ndi.d "tes to sore on the cornri.ssi_on; . There are 3 avmilablP nosi.tions. Renort or Pennl.om,aTri no Kathr%*n Sehlin renortPd that the brochTlre is nri.nto4. As of thi c dote the nroiect ic nn,�r�ti.ng r•,ithfn i.ts h "!jfiPt. A. find Peonl ^maTcino Ste-rim, committee mePt;_nR ••;.11 be held on November. 1st �t 7:3() n.m. in the City TH "11. Ms. Ronoff renorteO on nosters bei.n- Tnaee for the Pvent. A sign for the Oity TTall will be made. City MAnAger Ken Rosland"hAS approved the sign p1An. TASk T -'nrrn "ennrtg Family Violence: T.PSli.e Turner renortf d that the !Qo>>th Nennenin Tinm�n Cerv; cnc Task Force on R -mile 1►iolPnee has eCta}lli Short 3 sllb cnmmi ttees on Com-,,ni.ty T' d,,C +tion, Schonl c , ^nd Si.nol.e PArent Concerns, YemhArs are nepAaA on a1.1 1 cormijtteQs. K -thrvn Sehlin sr,pgpstP,' that Tnc�i nTA I e h,-corn- i nvnl_,rnO. yo -th Track Forco Ways in T.,1'± 0i to nrmri.dp lifo- coni.n� ski.11S in the rPg1,l ^r crr.ri.c,,Uim of the Fdina cchonle c,nro di- scttcSpd, Ys. gnnoff st•aa_ested that the cnmmi ssinn contact Ann 711st-r of :h,- rdin� Schools to find ot.it is invol -erl i,ith the F,di.na curric,,lvr,. Tt t,7-3S a1So s „aQactpra t}, ^t the commission contact tl'p Minnesota nPr,rt,-+Pnt of i?duc ^tion to opt touch :ith their n_ ronosals any) r.PsP +rch. Resrn,rcps from rut,trists and the Co,,rt Servi_cps Shoulf, also he contacted. Stress wAs mentione� as a tonic. Old & New RusinesS Leslie Turner renorted on the Council of Ch,?rrhps Protect. ThP nrni -ct i.s a chance for F,Airna to b ?comp involvp,4 in a national effort aimed at i-mnrovi.nR services to neonle wit-11 family vi_nlonco nrn} 1_omc, ?'din^ is onp of t•.7 --tV Co,,, ^1"Tti.Y_i,pc in +-hc nation rhoocan to narti.cin -,t°.. '"h °re v i ll be nn 1R mPmb °r Fdi.n- bo ^rf4. Thn pro-4nct 7.7i.11 r-n 11 months, Thorp bPi.na no ft:rthor t7„vi nasc to rii.scti.ss the mmAtiP^ +as ad io-,rn —A. MINUTES OF THE REGULAR EDINA ART CENTER BOARD MEETING HELD AT THE EDINA ART CENTER ON NOV 28, 1978 BOARD MEMBERS PRESENT: Carol Bermel, Sue Foss, Donna Skagerberg, Art Dickey, . Peggy Lindborg STAFF PRESENT: Marion Ward, Pat Greer CITY COUNCIL MEMBER: June Schmidt Programs and exhibits The Student Show will be during Dec. with and opening open house held on !sec. 10th from 1 :00 - 3:00. Simple refreshments will be served. Four volunteers will help set up the display. Jan. .7th from 1:00 - 3:00 will be the formal openinq c-f the Jan. display. It will feature Kay Sharkey's paintings, Harold Wendorf's jewelry, Margarita Scheimnan's pottery, and Hollie Bates' textile design art. Refreshments will be served. The individual artists will be given Art Center Invitations to mail out to those they feel may like to attend. Pat Greer showed what the new invitations, gift enclosure cards, and calling cards will look like. They will.be printed in the high school print shop. June Schmidt suggested we talk to the Edina Womens Club about publicizing such events in their news letters. Marion Ward reported that the "Lets Go See The Arts" series is going very well. Many have asked that it be offered again next year. II Mankato Accredited Courses Mankato is ready to go ahead with 2 accredited courses ,..coinciding with the University of Minn.'s Spring Quarter. One will be a Watercolor class taught by Kay Sharkey and the.other an Art Education course. They will begin April 7th and run for 8 wks one evening a week. III Board Members Status For the time being, the Board will remain as is. IV Volunteers There are several volunteers coming in on'a regular basis. Carol Bermel suggested we start using more volunteers as hostesses for the open houses and special programs. V Publicity Jean Adams is continuing to get publicity where ever possible. She is working on a story about the open houses now. VI Art Dickey will attend the Dec. 4th City Council Meeting. The next Board Meeting will be Tues. Jana 23rd at.11:00 AM. ,PAkK-BOARD MEETING Tuesday, November 14, 1978 MINUTES BOARD MEMBERS PRESENT: Jack Rice, Chairman; Al Fischer, -Joan Lonsbury, Mary McDonald, Virginia Shaw, Lester Wanninger, Jr., George Warner, Mack Thayer, Marilyn Wooldridge STAFF MEMBERS PRESENT: Bob Rojetin, Rick Jacobson, John Keprios, John'Valliere, Manager, Braemar Golf Course; Cecelia Smith, Volunteer Services Coordinator OTHERS PRESENT: Dorothy Anderson, Margie Basil, Wayne Courtney, Council Representative I. APPROVAL OF MINUTES Omission of Mary McDonald as present from meeting of October 10,. 1978. With this correction the Minutes of the October 10, Park Board were APPROVED by Joan Lonsbury, SECONDED by Virginia -Shaw. II. BRAEMAR GOLF COURSE PATRON CARD FEES Since many Patron Cards for the course are bought as Christmas presents it was decided to set the fee for them early this year. Mr. Kojetin recommended that the fee stay the same as last year ($30.00). This would mean that all Patron Card holders pay $5.00 for a round of golf (18 holes). The regular rate for non - patrons this year was $6.50. All patrons are city of Edina residents, Mr. Valliere pointed out. Mr. Rice inquired as to how long it had been since the fee had been raised. Mr. Valliere stated that it had been 10 years. By not raising the fee we were showing appreciation to the patrons. Mr. Fischer noted that the greens fees were down this year over last and wanted to know why. Mr. Valliere stated that this was.due to the bad weather we had in the Spring of the year. Because of the nice weather we had in the Fall, however r, he felt that we would come out about even if not slightly ahead of last year. Mr. Rice inquired as to how many Patron Cards we sell and how many were sold to women. Mr. Valliere stated that there are approximately 1000 sold totally with around 350 of these sold -to women. He also stated that aside from the reduced greens fees the main purpose of the Patron Card was to be able -to make reservations on Saturday and Sunday mornings. Mr. Fischer asked if all of the patrons were able to make reservations on these mornings. When Mr. Valliere replied in the negative, Mr. Fischer asked if raising the cost of the Patron Card would eliminate this problem (people would have to spend more money to make the reservations). Mr. Valliere again replied "no ". Mr. Warner asked what benefit we receive from the sale of these cards. Mr. Valliere stated that the patrons play more golf than non - patrons. Mr. Warner MADE A MOTION that the Patron Card fees for 1979 remain the same. Mr. Fischer SECONDED. CARRIED. III. SUGGESTED PRELIMINARY FIVE YEAR PLAN FOR BRAEMAR GOLF COURSE A few items were brought out for immediate concern. Increase Golf Car fleet to 40 cars. Mr. Valliere pointed out that they do not have enough cars now (the present'number of cars,is 28,) and they have to bring other cars in from the outside to provide all of the patrons with the cars they need. Articles 3, 6 and 8 (see attached) didn't need to be taken care of immediately, but because the clubhouse is now open 12 months of the year as apposed to the 9 months it was designed for, the building is under code due to the heat escaping in the winter - months through the windows. The addition of a room onto the clubhouse would provide a place for large meetings and wedding receptions as well as the ladies league luncheons, etc., that could be more of a community area and could be rented out year round. Mr. Valliere stated .that . such an area was originally planned for the golf course: November 14, 1978 Page 2 Mr. Fischer pointed out that if such a room were to be added it would mean expanding the menu in the Clubhouse, perhaps improving the grill area and the selling of,liquor, etc. It was decided, however, that-this did not have to be settled on at this particular time. The additional lighting system for the clubhouse would also be used in the winter and needn't be decided at this time. The purchasing of a new ranger car, triplex.mower, captains chairs for the Clubhouse, and purchasing of furniture for the ladies room were items that were going to be taken care of in 1979 along with the purchasing„of golf cars. In a brief explanation of some of the other items Mr. Valliere stated: expanding the Par=3 would enable him to pull some-of the leagues with.less "ability off the big course, as well as improving business on the Par 3; setting up an area in the driving range where it would be canopied would enable people to continue to hit balls -and continue to give lessons during inclement weather; putting a drinking fountain in the driving range would be a convenience to patrons, all there is there now is a pop machine; the A Frame tractor will have to be replaced sometime within the next 5 years; the purchasing of a ball dispensing machine would help to eliminate the pilferring problems that exist at the A Frame; the maintenance building should be rebuilt since there is not enough room for the machinery that must be put in there; they are going to start rebuilding the tees, about two new tees per year. All other items do not need immediate attention. Mrs. Lonsbury asked about the progress on the U.-S.G.A. Public Links Tournament. Mr. Kojetin stated that Tom Erickson had looked at the contract and added an Addendum to it which the Mayor had signed. Now it must be sent back to the U.S.G.A. for their signature. The Addendum, Mr. Kojetin pointed out, dealt mostly with the liability clause of the contract. Mr. Warner asked about the irrigation system. Mr. Kojetin explained to him. that work on the well had been slow but it was scheduled to go to Council on the 18th of December, construction would start in January and barring any unforseen- problems, work would be completed on the well in May. The irrigation system itself is still in design. Mr. Rice pointed out that there were some personnel changes at Braemar. Mr. Kojetin pointed out that Harry Cooper had left Braemar Golf Course and Roger Hobson had resigned. I from the-Arena. Mr. Rice suggested that Mr. Kojetin` -put together a letter of thanks to Mr. Hobson for the excellent job he.has done for the city and bring it to the Park Board for them to.sign and send to him. Mr. Rice noted the presence of Cecelia Smith and inquired about her present status and about the vehicle for the Seniors which had been discussed at the last meeting. She'-stated that they had looked into two dealerships,. Ford and Chrysler, and had received a figure around $8000. or $9000. Mr. Kojetin stated that they would be getting together to work out a route and 'schedule for the van. He also pointed out that he had gone to one of the congregate dining sessions at the Senior Center and found it quite interesting. The problem of getting information to the Seniors was again demonstrated to him at that time. He pointed out that.one couple with whom he spoke knew nothing about the program until they had talked with their neighbor. He again, mentioned some type of newsletter to inform people of the activities sponsored by the Parks Department. Mr. Wanninger suggested combining forces with the schools in composing such a newsletter. IV. ART-CENTER SUGGESTED PRELIMINARY FIVE YEAR PLAN Mr..Kojetin stated, that there weren't too many items in this plan. 1) Additional parking space needed. When they have a special event they will have 40 or 50 people and there is not adequate parking. 2) Dark room needed for photography classes. 3) Equipment neededfor jewelry classes. 4) Xerox or si.meograph machine needed. 5) Some, type of food to sell. 6) Gas Kiln for pottery classes. Mr. Kojetin pointed out that a gas kiln produces a finer glaze;. 7) Lights.for .the parking, lot, especially during the summer when the trees shadow the.lot.. Mr..Kojetin November 14, 1978 Page 3 stated that there are now 240 students enrolled and 2.13 season tickets sold so far. He pointed out that we may have to look at expansion in the near future. V. RECREATION REPORT Mr. Jacobson stated that Adult Volleyball was at an all time high with 30 teams registered. Adult Basketball we also had 6 or 7 more teams that we could accommodate. Youth Basketball was up by 50 over last year with 425 -430 registered. Girl's basketball program is very successful. Girl's hockey had only 55 -60 sign up (only 12 in each age group). Cross - country and down -hill skiing were just starting up. Karate classes would be starting up soon. The paddle tennis court is in operation and the lights are to be installed soon. The lights, when they are installed, would be put on a time switch so people could just turn them on by a switch and turn them off when they are done. Mr. Rice inquired as to what Mr. Jacobson attributed the increase in youth basketball. Mr. Jacobson said he felt as thought most kids wanted to play more than just hockey. Mr. Jacobson stated that they use the school facilities for the basketball games and practices and they might run into trouble if many more schools close, since church gyms were usually too small to use. Mr. Wanninger suggested that Cahill School should be available for these. Mr. Rice asked the question who is running the sports programs. He pointed out an instance where politics was used as apposed to skill in choosing a boy for a team in hockey that had been brought to his attention. He stated that this is not right and must be stopped. All of the board members agreed with him and felt something should be done about this situation. It was pointed out that John Keprios was their spokesman for the hockey association and he would speak to the person responsible, conveying the board's feelings that this type of situation would not be tolerated in this or any sport. It was pointed out that the coaches for most of the sports have sons on their team and volunteer their services, therefore, there is little the board can do but give them a verbal reprimand for their actions. Mr. Kojetin pointed out.that many of the kids in the programs are of equal ability and when the choice gets down to the last player and there are 3 people of equal ability the decision is sometimes arbitrary and difficult. Mr. Courtney pointed out that he had been on the Baseball Board of Directors for 10 years and most of the coaches were very conscientious when'it came to picking teams...Mr.. Keprios stated that the coaches are very closely monitored by the board of directors of each particular sport and that this particular incident was an error in judgement by the coach that usually does not happen. As the spokesman for the Parks Department he would convey their setiments to this coach and the board and get back to them. In closing, Mr. Kojetin brought up a few points: 1) Mr. Rice inquired about the Morningside School. Mr. Kojetin pointed out that the Morn ingside School was in the process of being purchased through the use-6f community development funds, but there had not been any definite decision made at this time as to what was going to happen to the school; whether it would be used or demolished. 2) Mr. Kojetin reported on the meeting held with the Lewis Park neighborhood group which he and Virginia Shaw attended. The neighbors felt that drawing of the park seemed to satisfy their needs and the only thing that they they suggested was that they would like to have a jogging path around the'park and maybe the parking lot area next to the tennis courts November 14, 1978 Page 4� could possibly be moved. 3)" Telecare service. In this service we are working with the Police Department and•the senior citizens building which has been incorporated with the existing Fairview Southdale Hospital telecare service. Meeting adjourned at 10:00 p.m. Rosie? Hafner BRAEMAR GOLF COURSE Preliminary Five Year Plan Buildings and Equipment 1. Increase the Golf Car fleet to 40 Golf Cars. 2. Purchase a new ranger car. 3. Air condition the Clubhouse and replace present windows. 4. Purchase micro -wave oven and replace ice maker. 5. Purchase audio - visual equipment for the lesson program a. Projector & Screen b. T.V. replay c. Films 6. Build an addition onto the Clubhouse for seating 300. 7. Expand the Pro Shop to include two offices. 8. Put in a good year round outside lighting system for the Clubhouse walkway. 9. Purchase and install our own Burglar- Fire -alarm system. 10. Purchase 12 new captains -cheirs.(will start this fall). 11. Purchase some type of trophy case. 12. Add furniture to the Ladies restroom (1979) - two tables.with chairs. RANGE AND PAR 3 '1. Expand the Par 3 to an Exec Nine. 2. Place a top over a portion of the Driving Range. 3.- Install water drinking fountain at Driving Range. 4. Replace A -Frame tractor. 5. Purchase ball dispensing machine. COURSE AND GROUNDS 1. New maintenance building. 2. Five year plan to build new tees - -two tees per year. 3. Replace 1969.triplex mower during 1979. 4. Dredge water hazard on hole #2. 5. Start tree nursery south of 16th tee for golf .course stock. $1000. in new stock /year. 6. Bring city water into maintenance building. 7. Through the efforts of the memorial fund, plan -and.build- a garden with.fountain at the base of flag pole hill. is MINUTES OF THE REGULAR MEETING OF THE EDINA COMMUNITY DEVELOPMENT AND PLANNINGICOMMISSION HELD WEDNESDAY, NOVEMBER 29, 1978, AT 7:30 P.M EDINA CITY HALL COUNCIL CHAMBERS Members,Present: Chairman Bill Lewis, James Bentley, Leonard Fernelius, Del Johnson, Gordon V. Johnson, Helen McClelland, Mary McDonald, David Runyan, Richard Seaberg Members Absent: Samuel Hughes Staff Present: Gordon Hughes, Director of Planning; Francis Hoffman, Director of Public Works and Engineering; Harold Sand, Assistant Planner; Judy Teichert, Secretary I. Approval of the Minutes Mr. Gordon Johnson moved the minutes of the September 27 and October 25'; 1978, Community Development and Planning Commission meetings. Mr. James Bentley seconded the motion'. All voted aye; the motion carried. II. Old Business: S -78 -8 Lyon Replat of Mendelssohn. Generally located south of Belmore Lane and north of John Street. Mr. Gordon Hughes recommended that the proposed subdivision be continued for one,month. Mary McDonald moved the subdivision be continued as-per staff recommendation. Richard Seaberg seconded the motion.. All voted aye; the proposed subdivision request will be continued for one month. S -78 -16 Hanson Estates.. .Generally located north of West 78th Street, east,of,.Marth Court, and west'of Shaughnessy Road. Staff recommended the proposed subdivision;be held over for.one month as requested by the proponent. Mary. McDonald moved the matter -be continued for one month as per staff recommendation. Richard Seaberg seconded the motion. All voted aye; the request will be held over one month. Z -78 -7 Braemar Associates. R -1 Single Family District to PRD-3. Generally located on the northwest corner of West 78th Street and Cahill Road. Gordon Hughes asked the Commission to recall that the rezoning request was-considered at the May 31, June-28, and August 2, 1978, meetings. On those occasions, he continued, staff expressed concern regarding the, proposed plan, especially in regard to extensive grading and.tree ,removal required to facilitate the plan. Staff recommended several revisions to the,plan in an attempt j. Community Development and Planning Commission_ November 29, 1978 Page 2 .to preserve the wooded ridge encircling the site Mr. Hughes further recalled that on August -,2, 1978, the Commission recommended approval of the revised plan which incorporated many of the suggestions of the Commission, and on August 21,. 1978, the City Council granted preliminary approval of the proposed development plan. Gordon Hughes revealed that following Council approval, a soil investigation was conducted by the proponent which found that the depression in the central portion of the site exhibited unstable soil conditions. He said the soil report, therefore, advised that that portion of the site above the 834 foot contour line would be more favorable for development. Based upon the soil in- vestigation, the proponent submitted a revised plan to relocate the townhouse buildings away from the depression and toward the perimeter of the site. Mr. Hughes stated that although the buildings continue to maintain the required 35 foot setback, the internal roadway under this plan .would maintain- 'only a five foot setback in some locations. Staff felt that the revised plan.exhibited many of the .problems that they objected to on the original plan. The proposed plan, Mr. Hughes said, would necessitate: extensive grading of the ridge surrounding the site and would eliminate any natural buffer from 78th Street due to the internal roadway. Staff was concerned that nearly all of the trees on the site would have to be removed to facilitate the..proposed development. Therefore, staff could not recommend approval of the proposed plan because they felt the proposed plan does not represent the only solution to the development constraints imposed by the site. Gordon Hughes introduced the proponent, Jack Barron, to answer the Commission's questions. Mr. Barron explained that soil borings had revealed 26-feet of peat, and soil experts recommended 50 feet of.pilings in correction which would run an'approximate cost of $10,000 per unit. Gordon Johnson asked Mr. Barron to respond to a comment in the staff report that in the opinion of Mr. Hughes,. the wrong style of unit is being designed for the property which is dictating the problem rather than the -soil problem in itself. Mr. Barron responded.there were many factors dictating the problem. He stated apartment units today would not carry their own weight, nor would double bungalows. Mr. Barrow felt that single family dwellings, townhouses, and professional buildings were the main types of dwellings that would carry their own wei ght. Feeling that only this certain type of townhouse would work, Mr. Barron - explained that walk -in rather than the walk -up style was the most suitable use of the site.. He continued that as the realtor, designer, and invester he refused to build a walk -up unit because he did not feel there was a market for them.: Len Fernelius asked-if there was an option to'reduce the number of units. Mr. Barron answered that it could.be an option but they could not reduce much farther. Mr. Gordon Johnson added the trees make a nice buffer, and he did not like the idea of tearing them all out. Mr. Barron replied that he did not like it either but he intended to replace the.best he. could- every thing that would be taken out. He noted that many of the trees are dying -of dutch elm disease anyway. Community Development and Planning Commission November 29, 1978 Page 3 Gordon Hughes commented that he was not disagreeing at all with Mr. Barron's preference for walk =in type units. However, he felt the full intent of,.the Planned Residential'District section of the ordinance was to design in accordance.-.with the constraints imposed by the site: the ability to design the development to correspond.to the�,site's good-features rather than its poorer., features. He continued that his main objection was that he felt Mr. Barron was going about the project backwards by having the specific unit preconceived and then developing the entire site around that idea. Mr. Richard Seaberg responded that the Commission was not disagreeing with the economics nor the PRD zoning, but what they were disagreeing on was wiping out the whole section to build ten units. Mr. Barron said he wasn't sure what the alternative would be because the minute any of the peat was touched, it all must be piled which would run into a big expense and require the..ten units to come out ahead. Len Fernelius said he felt the plan which had been presented to the Commission always looked about the same, and he requested the proponents do some brainstorming and reorient the whole thing and start from scratch. Chairman Lewis said.he did not feel the Commission should be bound by the economics but rather discern what was .best for Edina. Gordon Johnson asked that if the bad soil was roughly at the 834 level, would,that soil support a;road if the units were turned around to be walk -ups. Jack Barron did not feel the townhouses would be saleable in that design. Gordon Hughes suggested that the units back into the hill with an inside roadway, which he felt would be easier to construct on stable soil. Richard. Seaberg asked if the ten units plus the five units in the northeast were twice as large as the other units. Mr. Barron answered that the difference was in the garages. Jack Barron indicated he felt the most appropriate use for the site was a professional office building but-because-of the zoning that was not allowable. Len Fernelius asked why he could not build a professional-office building. Mr. Barron replied that;if the Commission was, inclined to agree that an office.building was the best use of that portion he would immediately change his plans to that use which he also pointed out would not-,'destroy as much of the area asthe townhouses would. Gordon Hughes stated that from the historical viewpoint'of the Southwest Edina plan, the original draft plan showed a roadway � system ewhich was the dividing line between the industrial office type' uses on the east side of the road and residential on the west. He continued that when the plan was finally adopted by the Council it was agreed that Cahill and 78th Street would form the dividing line betweenAndust'rial offices and residential uses. He stated.that he would hate to see one of the last vacant pieces of property able to get an industrial use into the residential district. Chairman Lewis added that the residents.of that area have been assured of the permanency of the Southwest Edina plan also. Len Fernelius asked Gordon Hughes for his recommendation to Mr. Barron. Mr. Hughes replied that from the townhouse standpoint he. felt that the Community Development and Planning Commission November 29, 1978 Page 4! walk -up type.unit was preferable to the walk -in type- for'this particular site. He continued that he favored the concept of a road between the units and. the ponding area with the units backed into the hill to preserve as much of the buffer area all around as possible. From the -ideal development standpoint, he felt more of an intense development such as a condominium or apartment building would work very nicely. . After some general discussion, Len Fernelius moved the Commission deny the plans as.presented by Mr. Barron and request that he return with another plan. James Bentley seconded the motion. All voted aye; the motion to deny Mr. Barron's request carried. III. New Business: S -78 -1 Joys Edina Mano Generally .located at 5236 Richwood o 11, Block 2, Richmond Hills Second Addi- tion. Gordon Hughes informed the Commission that the subject property, located on the west end of Richwood Drive, consists of a 33;850 square foot single family lot which is considerably larger than the other lots in the neighborhood, which are approximately 10,000 to 15,000 square feet in area. He continued a two lot subdivision is requested for the property with Lot 1 measuring 15,000 square feet that would be retained for the existing dwelling, and Lot 2 measuring 18,750 square feet for a new buildable lot. Gordon Hughes stated the property, quite steep in nature with slopes of around eighteen percent, is heavily wooded which would necessitate extensive grading and tree removal in the development.of the new lot. Mr. Hughes recalled that the 1950.subdivision plan for Richmond. Hills Second Addition illustrates a pond to be constructed on a portion of the subject property and adjoining lots.., He continued that although the.pond was never constructed, the area does serve as a drainage area for the entire sub - division. He also stated that no easements were ever granted over the area and, to staff's knowledge, no deed restrictions or protective covenants were established to preclude the further subdivision of the subject property. Gordon Hughes reported.,that the..p.roposed.subdivis.ion conforms with the requirements of the zoning,ordinance, maintains .required setbacks for the existing dwelling on the subject property, and creates lots similar in size to the other lots in the neighborhood. Staff voiced concern that, due to the topography of the site, the development of-Lot 2 could adversely affect the storm water.storage,.and drainage area of the neighborhood. The proponent indi- cated a willingness to dedicate 20 foot wide drainage and utility easements .along the rear and..side property lines. Mr. Hughes stated, however, that -based upon field surveys staff would have to recommend that a 45 foot wide easement .should be granted along the.rear property line to ensure proper water storage and drainage, and to prevent storm water problems on the adjoining lots. Staff also noted the amount of easements needed would depend to a great degree on the . type;of dwelling constructed on the lot. Staff recommended approval of the Community Development and Planning Commission November 29, 1978 Page 5 subdivision with the following conditions: subdivision dedication be made at the time-of final plat' in accordance with the attached report, and a larger,. drainage` easement would have to be delineated on the plat depending upon the type of dwelling constructed on the lot which would have' to. -be determined by the time of final plat. Gordon Hughes introduced Mr. Harold Haas, the property owner, and Mr.- Robert Schmidt, the contract purchaser for the lot to answer the Com- mission's questions. Gordon Johnson asked Gordon Hughes how staff was planning to channel the water - run- off.,--to Vernon Avenue. Mr. Fran Hoffman, Director of Public Works and Engineering, stated there is at the - present time a pipe under.: Vernon Avenue. Mr. Richard Seaberg asked if it consisted of a trough between the sidewalk and the hill. Mr. Hoffman replied there is an. -18 inch pipeline which runs underground. Mr. Hughes and Mr. .Hoffman both felt that some arrangement could probably be worked out to lessen the drainage requirement. Len Fernelius asked if a drainage pipe were put in if no easements would be necessary then. Mr. Hoffman clarified that a small bee -hive basin would-be necessary in the back at a low point for the'water that would drain down. The overall amount would be much smaller, however, and to a great extent it depends on the type of home and what kind of filling they do. Mary McDonald asked if the pipe would be done at the developer's expense. Mr. Hoffman concurred that it would be. ,Len Fernelius asked if.40 feet would be unacceptable to the builder. Gordon Hughes answered that it depends upon the style of the house. Mr. Harold Haas stated that when..he bought the property a year and a half'ago, it was a gathering place for junk. He felt he -could most improve the site by splitting the lot off and having a nice looking home built on it which would conform with the area. He said he has had many meetings with Fran Hoffman to talk over the water drainage problem, and the house which Mr;,. Schmidt planned to build would not require much fill. Len Fernelius asked if the proponents had any disagreement' with the easements wherever they are necessary for the drainage. Mr. .Haas replied they would give '.whatever : the City thought they,had to have. Mr. Robert Schmidt said he had been looking for a unique type of lot to build a contemporary home built into the landscape rather. than having. a yard. He continued that the lot would not have a yard, but.-he intended to build the house into.the side of this bowl- shaped property with decks for a yard. In regards to the easement area for the water, he stated his intention was to hook the pipes together so there would be no ponding area in the back. Mr. Schmidt felt his proposed home would be an asset to the area. Mr. Dyer J. Powell.of.5224 Richwood Drive voiced his concern ,about the 'water drainage of the 'area with this development. The Engineering Community Development and Planning Commission November 29, 1978 Page 6 Department indicated to Mr. Powellthat the pipe drainage would be, adequate to serve the area. However, he--was wondering if he would have legal recourse to the City if there was a heavy rain and the pipe could not accommodate all the run -off and his home was flooded. Chairman Lewis answered Mr. Powell that he would have to depend on the Engineering Department if they say it is satisfactory. Mr. Powell said he had no other objections to the home being built. Helen.McClelland asked Mr. Schmidt if he planned to exit from his home onto Richwood Drive. Mr. Schmidt replied they did plan to exit onto Richwood Drive. He also stated he felt the 18 inch pipe should hold most of the water otherwise his home would be flooded. Mr. Fran Hoffman clarified that even if an 18 inch pipe is installed a bee -hive catch basin.would still be.necessary, but it would be able to handle the run-off without':-affecting Mr. Powell. Mr. Jim Bentley recalled that this item -had come up before the Environmental Planning Board a number of years ago, but several neighbors had complained about the fact that the skating pond in the winter time would be eliminated. Several neighbors spoke up and said they had no opposition to the building of a home now. Richard Seaberg moved the Commission approve the subdivision conditioned upon the subdivision dedication attached to the staff .report . and that an,agreement is reached between the City and the property owner on the drainage easement problem. Len Fernelius seconded the motion. All voted aye; the motion carried. IV. Next Meeting Date:. January 3, 1979, at 7:30 p.m. V. Adjournment: 8:35 p.m. Respectfully submitted, Judy Teichert, Secretary .�z ;i CONFIDENTIAL: Mr. Enclosed you will find a standard form for a letter of credit.. This form simply .means there will be funds in the bank when you purchase merchandise from Jet Distributing. The amount is:.at your discretion. Those reed have; . been $25#000-00 for the smaller, stores and $50,000.00 for the larger operations. I would appreciate returning your bank;s letter as soon as possible. This will be.very important to me when discussing terms with-the suppliers. Time for me now is•important as each supplier's' s representative will have to be conk cted and there requested �. information forwarded and approved. 1„ f Things -are going very well and should be• in operation the first of a February. I intend to make application for a wholesale lisceneethe , %first of January. File prices the' first of Feruary. I will contact r Ybu in January to supply your needs the best I can at that time. With some Patience; this will be a.great benefit to your operation. Ydurs, for bigger ofits Io Jetland . Jet Distributing ', �� S NA1;'S; I Fz !r �� G �E jL /AND '0/ 6' /fj IRREVOCABLE LETTER OF CREDITr b ' GENTLEMEN : We hereby establish our Irrevocable Letter of Credit in your favor for the account of , up to the aggregate amount of Q ) available by your draft at sight. All drafts'drawn must be.marked "DRAWN UNDER LETTER OF CREDIT NO. DATED " Drafts must be presented at our office at the "rive, Now Briglrtort-,- I1�:�•', Minnesota, no later-. than , St. Paul, Minnesota time, on be and void.. after this date this Letter of Credit will null f We hereby agree with drawer, endorser, and bonified holders of drafts =' under and in compliance with the -terms of this Letter of .Credit that such drafts will be duly honored on due presentation. To the extent not in consistent with the express terms hereof, this credit is� subject to the Uniform Customs and Practice•for'D cumentary Credits as'issued by the International Chamber of Commerce,,1974 Revision in force:,as. from October 1„ 1975. _ Yours truly, 4. e, IT V'J &c/ d MEMORANDUM� TO: The Honorable Members of the City Council of the City of Edina Kenneth E. Rosland, City Manager Craig Swanson, Chief of Police FROM: Thomas S. Erickson DATE: November 30, 1978 RE: Regulation of Bingo, and the Use of Paddlewheels, Tipboards, and Apparatus for Raffles The City Council has asked whether or not it is necessary for the City to adopt an ordinance regulating bingo and the use of paddlewheels, tipboards, and apparatus for raffles [the latter three being hereinafter called "gambling devices "]. .:.At present, the City of Edina has no ordinances licensing or regulating bingo or the use of gambling devices. Minnesota Statutes, Chapter.349, does establish regulations for bingo and also for use of gambling devices. The statute further provides that a local unit of government may adopt.regulations prohibiting or further regulating the conduct of bingo and use of gambling devices. The statute relating to bingo further states that if bingo-is not prohibited by.ordinance, then it 'is permitted, subject to the statutory regulations, and the municipality, at a minimum, shall establish a licensing procedure. There are no similar provisions for the regulation of the use of gambling devices. However, it might well be that the same result would apply, i.e., if the use of gambling devices is not prohibited, they would be allowed., subject to state-regulation,and the municipality,.at a minimum, must establish a licensing procedure. I am advised by Craig Swanson that we do have some bingo operations in the city and that on at least one occa- sion an organization used a paddlewheel within the city. In none of the known cases was a license. issued or a fee collected. It.is, therefore, the recommendation of Craig Swanson and the writer that the Council, at a• minimum, act, by ordinance, to (i).prohibit either.or both of bingo and the,use of gambling devices, and (ii) that the Council, by ordinance, establish a .,system for licensing that which is not prohibited. In addition to licensing, the.City can also establish, by ordinance, regulations-that are more restrictive than those established by the statute. For your information, the bingo and gambling device regulations established by.the statute are set out in the copy of the statutes.attached. Therefore, as stated, the only.options of the City are: -2- • 1. To prohibit bingo and /or the u-se of gambling devices. 2. To the extent not prohibited, to establish licensing procedures. 3. To the extent desired by the City Council, to expand upon or further restrict bingo occasions and the use of gambling devices. Again, we recommend that 1 and 2,at least, be done. TSE /abc Attachment -3- �I l�li 1 nul league of monnesota cities 300 hanover building. 480 cedar st., saint paul, minn 55101 K� �y*>. ' -' +Q. � �Ya �` '�i* ,� ?, �i� � t4 j,. + � F. i .y�y - • e%4i, �1'�t� ?7t;x. `,,:1 -. ..4,e,� for municipal offi s t wC LICENSING OF BINGO GAMES Contents 255.1 Revised,. J my 1976 Page GeneralInformation ...................... ............................... ............1 Model Ordinance.... ......................... ............................... .4 SampleBingo License Application ............. ............................... .......13 Additional Sample Bingo License Fees ......... .. ............................... . ......16 SampleBingo Regulations ................................. .............................17 ' Bingb is the only form of organized gambling legally allowed in Minnesota. As a form of gambling, bingo has always been regarded warily, tolerated because it was thought to involve only small amounts of money and because the proceeds sup- posedly went to charitable projects. However, police investigations have recently turned up evidence that bingo involves very large sums of money in- deed, and that quite a bit of that money may be going into private pockets or into organized crime. In response to these problems, the legislature has repealed the old bingo law, and enacted a signifi- cantly more restrictive provision, Laws 1976, Chapter 261, codified as M.S. Ch. 349, effective August 1, 1976. Organizations Eligible to Sponsor Bingo Generally,. bingo may only be sponsored by fra- ternities, religious, veterans or other nonprofit organizations which have been in existence at least three years, have at least 30 active members, and which have procured bingo licenses from their local governing bodies. Bingo sponsored by anyone else Is a lottery and gambling, and thus illegal. However, there are some exceptions to this general rule. In the following situations, bingo is exempt from some of the requirements of Ch. 349: 1. In connection with a county fa if conducted by a county agricultural society. 2. At the state fair conducted by the state agri- cultural society. 3. In connection with a civic celebration recog -. nized by an official action of the local gov- erning body. 4. When conducted fewer than five times in a year by any particular organization which is otherwise eligible for a license. Exactly which regulations are eased for the above situations is unclear because the law is ambi- guous on this point. The most reasonable inter- pretation is that the following requirements need not be met by the above bingo sponsors: 1. That the sponsoring organization has been in existence for three years. 2. That the sponsoring organization has at least 30 active members. 3. That the sponsoring organization be licensed by the local government. 4. The limits on the number of bingo occasions per week and the length of any one bingo occasion. 5. All of the regulations pertaining to bingo on leased premises contained in M.S. 349.17, Subd. 3. Regulation of the Conduct of Bingo Games For the purpose of the regulation of the game, the law creates and defines a concept called a "bingo occasion," which is "a single gathering or session at which a series of one or more successive bingo games is played" (M.S. 349.12, Subd. 4). No bingo occasion may last for more than four consec- utive hours. No organization may conduct more than 104 bingo occasions in a year or two bingo occasions per week, unless the local governing body gives specific approval. Further, any entity (other than an organization which itself is eligible to sponsor bingo) leasing space to two or more sponsoring organizations for the purpose of bingo occasions may not allow more than four bingo oc- casions to be conducted on any one premises in any week. However, there is no similar restriction on the number of bingo occasions per week in pre- mises which are leased from an organization which is itself eligible to sponsor bingo. There appears to be a conflict between the new bingo law and M.S. 38.01, which gives the county agricultural society ` jurisdiction'and control of the ground upon which its fairs are held ... during such fair, so far as may be necessary for such pur- poses." The Attorney General has interpreted this provision to mean that cities may not require that auto racing (A.G. Op. 59 -A -27, August 28, 1950) or public dances (A.G. Op. 772 -C-4, December 21, 1951) be licensed when they are held on the fair- grounds during the fair. Thus, a serious question arises as to whether cities may lawfully require the licensing of bingo which is to be conducted at county fairs, or indeed regulate that bingo at all. If the question is thought to be purely one of statu- These situations are exempt only with the provision that bingo be "conducted for no more than 12 con- secutive days in any one calendar year." (M.S. 349.19.) 2The ambiguity lies in the fact that the exemption is stated to be from the requirements of M.S. 349.14 and 349.17, Subd. 2 and 3, but M.S. 349.14 itself incorporates the whole of Ch. 349 by reference. There- fore the exemption would seem'to be from all requirements of Ch. 349. However, that result is contractic- tory to the general purpose of the new law. Therefore, it seems more reasonable to assume that the legisla- ture intended to exempt the listed bingo situations only from the requirements which are specifically stated in M.S. 349.14, which are 1, 2, and 3 above. tory construction, then cities will have power to re- gulate bingo at county fairs, since the bingo law is the more recently enacted. The above cited opin- ions were written not in context of one state law conflicting with another, but in the context of a municipal regulation conflictinj with clear statu- tory language. We can venture no answer to the question at this time. We expect that a city which has a county fair within its boundaries will want to request an opinion of the Attorney General fairly soon. Regulation of the Persons Who May Work at Bingo Games The law requires that each sponsoring organiza- tion appoint a bingo manager to oversee all aspects of the bingo operation and be responsible for the conduct of bingo according to all laws and regula- tions. The bingo manager must be a member (whose dues are paid up) of the sponsoring organization, and must have been a member for at least two years. The bingo manager must give a fidelity bond in favor of the sponsoring organization in the amount of $10,000, conditioned on faithful per- formance of duties. The local governing body may waive this bond requirement. If it is not waived, the bonding company must agree to give the local governing body 30 days notice before the bond is revoked.. No person may be bingo manager for more than one organization. Each sponsoring organization must also provide one or more checkers for each bingo occasion. The checkers must record the number of cards played in each bingo game and the prizes awarded to each card, and certify the accumulated information at the end of each occasion. Also, at the end of each occasion, someone other than a checker must com- pare the checker's records of cards played against the total amount of money taken in. Of course there may be other tasks which need to be performed in connection with bingo. Since other tasks are not mentioned in the law, each sponsoring organization can create such other jobs as it thinks necessary. The new bingo law restricts which persons may work at bingo games, either for pay or not. How- ever, the extent of the restriction is somev: i ut con- fused. It is clear, as stated above, that each bingo manager must be an active member of the organi- zation for at least two years. Under M.S. 349.17, Subd. 1, the following types of persons may be engaged, either for pay or not; to assist in conduc- ing bingo occasions: active members, spouses and surviving spouses of active members, and members of auxiliary organizations.. . -2- . • r t . In addition, any other person may be "hired" as a "non- management assistant," if the membership of the sponsoring organization approves in a resolu- tion which is recorded in the official minutes. But there is a catch. Another subdivision of that same section (M.S. 349.17, Subd. 5) lists the pur- poses for which expenditures of money in connec- tion with bingo may be made. Included in that list is the following language: "... compensation to active members who conduct the game." Thus, Subd. 5 directly conflicts with Subd. 1. According to the House Research staff, the conflict is inadver- tent. In the original language of the bill, only ac- tive members were allowed to be hired. The other classes of possible employees were added in amend- ments on the floor or in conference committee, and Subd. 5 was not amended as it. should have been. Therefore, the legislative intent is clearly with Subd. 1, even though the technical rules of statutory construction would favor Subd. 5. (See M.S. 645.26.) In any case, compensation which is paid to per- . sons who work at bingo games may not exceed $12 per bingo occasion. It appears that this compensa- tion limit applies to all persons who work at bingo games, including the bingo manager. Prizes M.S. 349.17, Subd. 4 provides: Prizes for a single bingo game -shall not exceed $100 except prizes for a game of the type com- monly known as a "cover -all" game. "Cover -all" prizes may exceed $100 provided that, the aggre- gate value of such prizes for a bingo occasion shall not exceed $500. The aggregate value of prizes for a bingo occasion shall not exceed $2,500 except . that in the case of a bingo occasion during which a' "cover -all" game is played for a maximum prize of more than $100 but not more than $500, the ag- gregate value of prizes for the bingo occasion shall not exceed $3,000. Merchandise prizes shall be valued at fair market retail value. In addition, M.S. 349.17, Subd. 6.provides: Each bingo winner shall be determined and every prize shall be awarded and delivered the same day on which the bingo occasion is con- ducted. j r Use of Bingo Proceeds As mentioned above, M.S. 349.17, Subd. 5 lists the expenditures which may be incurred and amounts paid in connection with the conduct of .. r t bingo. This listing includes reasonable amounts for bingo supplies and equipment, prizes, rent and util- ities, bingo license fees, and compensation to ac- tive members who conduct the games. After the listed allowable expenditures are taken care of, all the remaining bingo proceeds must be spent in certain lawful. purposes which are detailed in M.S. 349.12, Subd. 6, after authorization by the membership of the sponsoring organization at a regular meeting. M.S. 349.12, Subd. 6 is reprinted in this memo as Sec. 13 of the attached model ordinance. Licensing Procedures The law requires that the local fire and police authorities, and the local building inspector, if any be consulted before each bingo license is issued and before bingo regulations are promulgated. The law does not say exactly what purpose; this consulta- tion is to serve, nor does it require that any recom- mendations made be binding on the city council. There is in the law no limit on the number of bingo licenses which may be issued in any city. The law does require at least a 30-day waiting period before issuance, measured from the date of application, and also requires that no license appli- cation be held for more than 180 days without ac- tion by the local governing body. Licenses are to be good for one year, and local governing bodies are specifically given theauthority to suspend or revoke licenses for violations of the state bingo law or of local ordinances. Records and Reporting Each sponsoring organization must keep records of its gross receipts and profits for each bingo oc- casion, as well as the checkers' records mentioned above. In addition, each payment made in connec- tion with bingo must be documented with a receipt, and all payments must be listed in a master record, itemized as to payee, amount, and date of payment. Bingo receipts must be accounted for by a per - son other than the organization's regular book- keeper, must be placed in a separate accotmt, and must otherwise be segregated in all respects. All records required to be kept must be preserved for at least three years. -3- Monthly reports of all payments made out of bingo proceeds must be made to the membership, again itemized as to payee, amount, and date of payment. Annually, each sponsoring organization must file with the local governing body: 1. Copies of Internal Revenue Service Form 990 or 990 -T, if either is required of the organi- zation under federal law. 2. Copies of the Minnesota Department of Commerce's Charitable Organization Annual Report and Statement of Bingo Operations, even though under other law neither may be required of the organization. 3. Copies of all lease agreements to which the organization is a party in regard to premises leased for the conduct of bingo. Finally, at the conclusion of each bingo occasion, the checkers' records of cards played must be com- pared to actual cash receipts. If a discrepancy of more than $20 exists at that time, the discrepancy must be reported to and investigated by the local governing body. Duties of the City Council Each bingo operation in the state must be licen- sed after August 1, 1976, -with the exceptions noted above. Therefore, each city which allows bingo to be played within its boundaries must have a bingo licensing ordinance. Even if the only bingo in the city falls within the exceptions in the state law, an ordinance is still necessary, since the ex- emptions are apparently not from all requirements of the- law, but only from some. For example, it appears that every bingo operation must file the re-. ports mentioned in the law and keep the proper re- cords, and it will be the city's responsibility to see that these requirements are met. Taking an unusual approach to the problems of enforcement,3 the state bingo law requires that each local licensing authority earmark 25 per cent of its bingo license fees, up to $25,000 each year, for the enforcement of the bingo law and bingo ordinances. Enforcement would, of course, in- clude investigation of the truth of the information given in license applications, investigation of dis- crepancies reported in receipts, and follow -up on the reports which must be filed every year by each bingo operation. The state law also certainly con- templates, but does not specifically require, an on- going systematic enforcement effort, including periodic checks of each bingo site and all bingo records. 31n the League's experience, this is the only requirement of its kind in force in this state. The general rule as to license fees in Minnesota has been that the fee should cover the costs of administration and enforce- ment of the licensing ordinance, but should not produce any substantial revenue over and above those costs. However, the exact amount of the license fee is within the discretion of the council, and the allow- able range of fees will be greater when the business to be licensed is clearly a potential nuisance, e.g. the selling of intoxicating liquor. Bingo would also seem to fall into this potential nuisance category. It is not clear, however, whether the legislature intended that bingo license fees be set under the general rule, with at least 25 per cent of the fee to be supported by specific expenditures, or whether it intended to intro- duce the concept of license fees as revenue - producing measures, allowing bingo license fees to be some amount higher than if they were set under the general rule. MODEL ORDINANCE The new state law on bingo specifically provides that local regulations may be more restrictive than state taw, including outright prohibition of bingo. The law itself also offers, in several areas, a choice of restric- tions; some fairly loose, some fairly stringent. The attached model ordinance incorporates specifically all of the state law requirements, choosing the stricter alternative where a choice is available, and offering com- ments and alternative provisions where appropriate. The model ordinance may be used most effectively if it is considered as a working draft. In no case should the ordinance be merely copied or followed blindly. There are many policy decisions which must be made, on the basis of previous local experience with bingo and the possibility of future problems. We urge that these decisions be made carefully, and that existing practices be changed wherever they invite fraud or commercialization. :t 51 �a AN ORDINANCE LICENSING AND REGULATING THE CONDUCT OF BINGO, REPEALING INCONSISTENT ORDINANCES, AND PROVIDING A PENALTY FOR VIOLATION The Council of the City of ordains: Section 1. Purpose. The purpose of this ordi- nance is to closely regulate and control the con- duct of the game of bingo and to prohibit commer- cialization of bingo. Sec. 2. Definitions. Whenever the following terms appear in this ordinance, they shall have the meanings assigned to them in this section. Subdivision 1. Active member. - A member of the organization requesting a license whose dues are paid for the current membership period and who has been a member for at least six months. Subd. 2. Bingo. A game where each player has a card or board for which a consideration has been paid, containing five horizontal rows of .spaces, with each row except the central one containing five figures. The central row has four figures with the Word '.'free "marked in the center space thereof. A player wins a game of bingo by completing any pre - announced combination of spaces or, in the ab- sence of a pre- announcement of a combination of spaces, any combination of five spaces in a row, either vertical, horizontal, or diagonal. Subd. 3. Bingo occasion. A single gathering or session at which a series of one or more successive bingo games is played. �15 Subd. 4. Eligible organization. Any fraternal, religious, veterans, or other nonprofit organization which has been in existence for at least three years and has at least 30 active members. Subd. 5. Profit. The gross receipts collected from one or more bingo occasions less reasonable sums necessarily and actually expended for bingo supplies and equipment, prizes, rent, and utilities used during the bingo occasions, bingo license fees, and compensation to persons lawfully hired to con- duct or assist in conducting a bingo occasion. Sec. 3. License Required. Subdivision 1. No bingo occasion shall be conducted except by an eligible organization which has secured a license for that purpose, as provided in this ordinance. -. Comment: Note_ that this provision requires licensing of all bingo, including those occa- sions not required to be licensed understate law. Subd. 2. A license shall be valid for twelve cal- endar months from the date of issuance. Subd. 3. The annual license fee shall be $ Comment: The following meager information on bingo license fees was gleaned from the League files. As more cities pass ordinances in response to the new state law, this list will be updated. City (Population) Bingo License Fee Breezy Point (233) $50 annually Brooklyn Center $2 per bingo date (34,173) Crystal (30,925) $20 annually Maplewood (25,186) $3 per bingo date St. Anthony (9,239) $5 annually St. Paul Park $25 annually plus (5,587) $5 per bingo date West St. Paul $15 per one -hour (18,802) bingo session $50 per four -hour bingo session White Bear Lake $5 per bingo date (23,313) Subd. 4. A license application shall be acted upon by the council no sooner than 30 days and no later than 180 days after the date of application. Subd. 5. No bingo license issued may be trans- ferred to any other person or organization. No bingo license shall be transferred to any location other than the location specked in the license, without prior approval by the council. Comment: M.S. Ch. 349 does not mention license transfer. The nature of the license would be contradicted by transfer between organiza- tions. Prior approval of location changes will enhance the city's ability to enforce the terms of the ordinance. Sec. 4. License Applications. Every application authorities" prior to promulgating bingo re- gulations and issuing each bingo license. Depending on local conditions, the council may wish to make this section more specific by enumerating some of the items of infor- mation which the application form must contain. Some suggested items are: the names, addresses, and telephone numbers of the bingo manager and the bookkeeper- of the bingo receipts; the name and address of the legal owner of the premises upon which the bingo is to be conducted; and the intend- ed use of the bingo profits. The council may also wish to require that all information on the application be updated by the organiza- tion when there is any change. Sec. 5. Suspension or Revocation. The council may suspend for a period not exceeding 60 days, or revoke, any bingo license for violation of any provision of M.S. Ch. 349 or this ordinance. The holder of the license shall be granted a hearing upon at least 10 days notice before revocation or suspension is ordered. The notice shall state the time and place of the heating and the nature of the charges against the licensee. Sec. 6. Conduct of Bingo.. Subdivision 1. Each licensed organization shall appoint a bingo manager to supervise bingo occasions conducted by it. The for a bingo license shall be made to the city clerk bingo manager must be a member of the licensed on a form supplied by the city and containing such information as the clerk or the council may require. No person shall make a false statement in an appli- cation. Copies of each application shall be referred organization, with dues paid for the current mem- bership period, and must have been a member of the organization for at least two years. The bingo manager shall give a fidelity bond in the sum of to the city's police chief, fire chief, and building $10,000 in favor of the organization conditioned inspector, for their recommendations. Comment: M.S. 349.16, Subd. 1 requires the council to "consult with the local building inspector, if any, and the fire and police 0 on the faithful performance of his or her duties. Terms of the bond shall provide that notice shall be given in writing to the city council not less than 30 days. prior to its cancellation. Each bingo occa- sion shall be conducted under the direct supervi- sion of the bingo manager, who shall be responsible for the conduct of the bir;go occasion in compli- ance. with all applicable laws and ordinances. No person shall act as bingo manager for more than one organization. Comment M.S. 349.17, Subd. 7 does allow the bond requirement to be waived by unani- mous vote of the city council. Suggested al- ternative language follows: Insert after "duties" in the second sentence ", except that the city council may waive the bond re- quirement upon a showing by the.proposed bingo manager and the licensed organization that. bond is not required to protect the organization and upon a unanimous vote of the city council. The requirement that bingo be conducted only under the direct supervision of the bingo manager is optional, although it follows logically from the requirement of M.S. 349.17, Subd. 7, that the bingo manager be responsible for all aspects of the game. Subd. 2.. One or more checkers shall be engaged for each bingo occasions . The checkers shall be i active members of the licensed organization or spouses of active members of the licensed organiza- tion. The checker or, checkers shall record the num- ber of cards purchased and played in each game prior to the completion of each game and record the prizes awarded to the recorded cards. Each checker shall certify all figures which he or she has recorded as accurate and correct to the best of his or her knowledge, on forms prescribed by the city clerk. Comment: As to the requirement that checkers be active members or spouses, see Comment following Sec. 6, Subd. 3. -7- Subd. 3. Additional persons may be engaged for other duties in connection with bingo occasions as needed, but no person shall assist in the conduct of a bingo occasion who is not an active member of the licensed organization, or the spouse of an ac- tive member of the licensed organization. Comment: Under M.S. 349.17, Subd. 1, active members, spouses, and surviving spouses of active members, and members of auxiliary organizations may also be engaged, either for pay or not, to assist in conducting bingo occasions. M.S. 349.17, Subd. 1 also allows other persons to be hired as "non- manage- ment assistants," if the membership of the organization approves in a resolution which is recorded in the official minutes. However, M.S. 349.17, Subd. 5 limits the expenditures of money in connection with bingo to equip- ment, prizes, rent, etc., and "compensation to active members who conduct the game." Thus, Subd. 5 is in direct conflict with Subd. 1 in that Subd. 1 allows some persons to be hired which Subd. 5 says may not be paid. In the original language of the bill, there was no conflict, but amendments on the floor and in conference committee were made to loosen the requirements, in response to pro tests by some legislators from out -state cities. The technical rules of statutory construction would favor Subd. 5 as controlling, but the legislative intent is clearly with Subd. 1. This model ordinance takes a middle road, believ- .ing that Subd. 1 will- control Subd. 5, but that in most situations it should not be necessary to allow surviving spouses, auxiliary members, or any other persons to work at bingo games. Of course, if the current prac- tice in the community does include bingo workers who are not active members or spouses and it would be a hardship to change, the city may wish to change Section 6, Subds. 2 and 3 appropriately. Subd. 4. No person shall receive more than $12 as compensation for any duties in connection with any one bingo occasion. Subd. S. No more than 104 bingo occasions each year or two bingo occasions each week stall be conducted by any licensed organization. Comment: M.S. 349.17, Subd. 2 allows some flexibility in the frequency of bingo games. The following additional language is offered to provide that flexibility, if the council de- sires: Add ", except that the council may authorize up to additional bingo occa- sions (per week) (per year) to be conducted by a licensed organization, upon a finding by the council that such additional bingo occa- sions will not defeat the purposes of this ordinance as set out in Sec. 1." Subd. 6. A bingo occasion shall not continue for more than four consecutive hours. Sec. 7. Bingo on Leased Premises. Subdivision 1. Any person, corporation, or eligible organiza- tion, which leases any premises that it owns to two or more eligible organizations for purposes includ- ing the conduct of bingo occasions, shall not allow more than four bingo occasions to be conducted on the premises in any week. Comment: Notes that this provision is more stringent than M.S. 349.17, Subd. 3(1), which places no limit on the number of bingo occasions per week which may be con - ducted by any number of eligible organiza- tions in premises which are leased from an organization which is itself eligible to con - duct bingo. This means that any building which is owned by an eligible organization could become the site of constant bingo games, day in and day out. Such a situation certainly would encourage, rather than re- strain, . the commercialization of bingo. Subd: 2. Any eligible organization which leases any premises to one or more other eligible organi- zations for purposes including the conduct of bingo occasions shall use the proceeds of the rental, less reasonable sums for maintenance, furnishings and other necessary expenses, only for the uses for which bingo profits may be used, as set out in Sec- tion 13 of this ordinance. Not less than once each year the lessor organization shall report to the city council the disposition of all receipts which it has received during the reporting period from the rental of its facilities to other organizations for purposes including the conduct of bingo occasions. Subd. 3. No eligible organization shall conduct bingo on any leased premises without a written lease for a term at least equal to the remainder of the term of the bingo license of the lessee organiza- tion. Lease payments shall be at a fixed monthly rate, or rate per bingo occasion, not, subject to change during the term of the lease..No such lease shall provide that rental payments be based on a percentage of receipts or profits from bingo occa- sions. Sec. 8. Prizes. Subdivision 1. Prizes.for a single bingo game shall not exceed $100 except prizes for a game of the type commonly known as a "cover- all" game. "Cover-all'.' may exceed $100 pro- vided that the aggregate value of such prizes for a. bingo occasion shall not exceed $500. The aggregate value of prizes for a bingo occasion shall not ex- teed $2,500 except that in the case of a bingo occasion during which a "cover -all" game is played for a maximum prize of more than $100 but less than $500, the aggregate value of prizes for the bingo occasion shall not exceed $3,000. Merchan- dise prizes shall be valued at fair market retail value. Comment: Limits on dollar value of prizes are directed at commercialization, rather than fraud. Thus,. more restrictive regulation _$_ could only require lower dollar amounts. - Subd. 2: Each bingo winner shall be determined and every prize shall be awarded and delivered the same day on which the bingo occasion is conducted. Sec. 9. Records. Subdivision 1. Each licensed organization shall keep records of its gross receipts and profits for each bingo occasion. All deductions from gross receipts from a bingo occasion shall be documented with receipts or -other records. The- distribution of prafasshall be: ite$aized as to payee, amount, and date of payment. Records required by this ordinance shall be preserved for three years. Subd. 2. Gross receipts shall be compared to the checkers' records for the bingo occasion by a per- son who did not sell cards for the bingo occasion. If a discrepancy. exceeding $20 is found between the amount of gross receipts for a bingo occasion as determined by the checkers' records, and the amount of gross receipts as determined by totaling the cash receipts, the discrepancy shall be reported to and investigated by the council. Subd. 3. Bingo gross receipts shall be segregated from other revenues of an organization and placed in a separate account. Each organization shall maintain separate records of its bingo operations. The person who accounts for bingo gross receipts and profits shall not be. the same person who accounts for other revenues of the licensed organi- zation. -9- Sec. 10. Reports. Subdivision.l. Each licensed organization shall report monthly to its member- ship its gross receipts from bingo, its profits from bingo, and the distribution of those profits item- ized as required by Sec. 9, Subd. 1. Subd. 2. At the time of making its first license application under this ordinance, and on an annual basis thereafter, each licensed- organization shall file with- the council copies of the following: a. . The most recently filed department of the treasury, internal revenue service, "Return of Organization Exempt from.income Tax," Form 990, or a comparable form if the organization is required to file the form with the department of the treasury. b. The most recently filed department of the treasury, internal revenue service, "Exempt Organization Business Income Tax," Form 990 -T, or a comparable form if the organi- zation is required to file the form with the department of the treasury. c: The most recently filed annual report re- quired of charitable organizations by M.S. 309.53, provided that an organization that is licensed to conduct bingo but is exempt from submitting this report to the depart- ment of commerce under Sec. 309.53, Subd. la, shall nevertheless submit such a report under this subdivision. d. The most recently filed Minnesota depart- ment of commerce "Statement of Bingo Operations." All information contained in the statement shall be true, correct, and complete to the best of the knowledge of the person or persons signing the statement. e.. Any lease agreements required by this act, executed by the organization in regard to premises leased for the conduct of bingo. Comment: The types of organizations which are required to file IRS Forms 990 and 990 -T are generally the same as the types of organi- zations which are eligible for bingo licenses, except that Forms 990 and 990-T need not be filed by any organization "that normally has gross receipts in each taxable year of not more than $5,000" (1975 IRS Instructions .for Form 990, General Instruction A.4). Subd. 3. No person shall knowingly make a false statement in any report required by this sec- tion. Sec. 11. Inspection and Investigation. Subdivi- sion 1. -Any city official or employee, having a J v bingo license fees, and compensation to persons lawfully hired to conduct or assist in conducting a bingo occasion. Comment: With regard to expenditures for com- pensation, see Comment following Sec. 6, Subd. 3. Sec. 13. Use of Bingo Profits. Profits from any bingo occasion shall be expended only as author- ized by a resolution recorded in the official minutes at a regular meeting of the licensed. organization and only for one or more of the following purposes: a. Benefiting persons by enhancing their oppor- tunity for religious or education advance- ment, by relieving or protecting them from disease, suffering, or distress, by contribut- ing to their physical well - being, by assisting them in establishing themselves in life as worthy and useful citizens, or by increasing their comprehension of and devotion to the principles upon which this nation was duty to perform with reference to a bingo license, founded. and any police officer may inspect and examine b. Initiating, performing, or fostering worthy the bingo - records of any licensed organization public works or enabling or furthering the upon 24 hours notice. Comment: See footnote 3 and related discussion on page 4. Sec. 12. Use of Bingo Receipts. No expense shall be incurred or amounts paid in connection with the conduct of bingo, except those reasonably expended for bingo supplies and equipment, prizes, rent, or utilities used during the bingo occasion, erection or maintenance of public structures. c. Lessening the burdens borne by government or voluntarily supporting, augmenting, or supplementing services which government would normally rerider to the people. d. The improving, expanding, maintaining, or repairing of real property owned or leased -10- by the licensed organization. i P Profits from bingo occasions shall not be ex- pended for the erection or acquisition of any real property, unless the city council specifically autho- rizes the expenditures after finding that the pro- perty will be used exclusively for one or more of the purposes specified in this section. Comment: The language in this section is taken directly from M.S. 349.12, Subd. 6. The usefulness of this language is questionable in terms of deciding which real -life projects may and may not be lawfully supported by bingo proceeds: Local councils will want to consider the implications of some of the listed purposes. For instance, under (d) above, a fraternal organization which also holds a liquor license may use bingo proceeds to improve, expand, etc. its clubroom and bar, even though that expenditure would have little or nothing to do with the types of projects contemplated by (a), (b), and (c). In making policy decisions in this area, a coun- cil will want to take into account the current bingo practices in its area,- identifying the purposes of bingo proceeds which the local community conscience will support. Councils should keep in mind, however, that the legis- lature has declared that the purpose of bingo regulation is to prevent fraud and commer- cialization. Sec. 14. Exemptions.. Bingo may be conducted without complying with the requirements of Sec. 6, Subds. 5 and 6, and Sec. 7 if conducted: (a) in connection with the county fair conducted by the county agricultural society or in connection with a civic celebration recognized by resolution of the city council, provided that bingo shall not be con- ducted for more than 12 days during any one county fair or recognized civic celebration, or (b) by an organization that conducts fewer than five bingo occasions in any calendar year. -11- Comment: Following the lead of M.S. 349.19, this section allows bingo at county fairs and civic celebrations, and when conducted fewer than five times per year by any one organization, to be held without compliance with the limits on the number of bingo occa- sions per week, the four -hour limit for any one bingo occasion, and all the requirements related to bingo on leased premises. M.S. 349.19 also provides authority for exemp- tion from the requirements that a license be procured and that the sponsoring organiza- tion have been in existence for three years and have 30 active members. However, on the local level, it seems wiser to maintain these last two requirements, unless a harm- less continuing practice in the community would be terminated. Since the city will, in any case, be responsible for enforcing the other requirements related to bingo, i.e. the use of profits, the records and reporting, etc., it is wiser to require that a license be procur -. ed, so that the bingo sponsors will have clear notice of the rules they must follow and the city will have on record the names of the people responsible for proper conduct of the game. Of course, any city which has no county fair within its boundaries should de- lete that language. As mentioned earlier_ in this memo, there appears to be a conflict between the new bingo law and M.S. 38.01, which gives county societies exclusive jurisdiction and control over the county fair grounds during the fair. The question is whether cities will be allow- ed any control over bingo which is played at county fairs. As far as we know, an analog- ous question has never arisen. The answer will have to await either an opinion of the Attorney General, or a clarifying amend- ment to the law. Sec. 15. Penalties. Violation of any provision of this ordinance shall be a misdemeanor. A person convicted of violating any provision of this ordi- nance shall be subject to a fine of not more than $300 or imprisonment for a term not to exceed 90 days or both, plus in either case the costs of prose- cution. Sec. 16. Repeal. Ordinance No. , adopted Comment: This provision is consistent with the law applying to statutory cities, but many P19— is hereby repealed. home rule charter cities require the lapse of a specific period before ordinances can be- Comment: If this ordinance supersedes any pre- come effective. In such cities, the date provi- vious bingo ordinance,that ordinance should sion should be altered accordingly. be repealed by name, number, and if desired, by title. If there are no conflicting provisions Passed by the council this _ day of , in previous ordinances, this section may be omitted. 19 — Sec. 17. Effective Date. This ordinance be- (SEAL) Mayor comes effective upon its passage and publication Cleric according to law. Comment: Other Possible Provisions . In the.past, some cities have regulated some other aspects of bingo games. The most common regula- tion in the ordinances isa limit on advertising of bingo. For instance, the Minneapolis code has included the following provision: 267.340. Advertising restricted. No person shall advertise the playing of the game of bingo, except that not more than two (2) signs, each not to exceed the dimensions of two (2) by four (4) feet, may be displayed on the building where the game of bingo is being played, con - taining only the words "Bingo Played Here," together with the name of the licensee and the day and hour of such playing; providing, how- - ever, that such organizations shall not be pro - hibited from circularizing their own member- ship respecting such bingo games. In addition, many cities have prohibited the sale of liquor in conjunction with bingo, a provision that would have meaning only if bingo. is played in a place that otherwise has a liquor license. Finally, some ordi- nances prohibit minors from playing bingo unless accompanied by a parent or guardian, OCP :nw 7/52 Rev: LMF:de 7/76 -12- a k, • I. BINGO LICENSE APPLICATION (adapted from City of Bloomington application) City of Fee: APPLICATION FOR BINGO LICENSE Approved by: Building Fire Application shall be submitted at least Police` ..� , — days prior to the bingo occasion 1, AND I, ' Name of Authorized Officer of Organization Name of Designated Bingo Manager Hereby submit in duplicate this application for a license to conduct the game of bingo .in accordance with the provisions of City of Ordinance No. and Minnesota Statutes Chapter 349 for the license year ending Signatures: Authorized Officer of Organization Designated Bingo Manager of Organization A. The following is to be completed by the duly authorized officer.of the organization 1. True Name: (last) (first) (middle) 2. Residence Address: " �'• (street) (city) (state) (zip code) 3.- Date of Birth: -- 4. Place of Birth: - - _ (mo.) (daY) (Year) (city) (state) 5. Have you ever been convicted of any crime other than a traffic offense? Yes No Af-yes, explain B. The following is to be completed by the designated bingo manager of organization: 1. True Name: (last) (first) (middle) 2. Residence Address: (street) (city) (state) (zip code) . 3. Date of Birth: 4. Place of Birth: _..._ ._... rno.) (day) (year) - (city) (state) 5. Have you ever been convicted of any canimeother*t -han a.traffic offense?'1'ses No If yes, explain 6. How long have you been a member of the organization ? 7. Attach a copy of the official resolution or offical action designating you bingo manager. . -13- . C. Game Information: 1. Place where bingo games will be played 2. Date or datesbingo will be played (date and/or day(s) of week). 3. Hours of the day bingo will be played: From A.M. To P.M. A.M. P.M. 4. Maximum number of players S. Will prizes be paid in money or merchandise? S. Will refreshments be served during the time the games are being conducted? Yes No If so, will a charge be made for such refreshments? Yes —No—. D. Organization Information: 1. Address where regular meetings are held 2. Day and time of meetings 3. Is the applicant organization organized under the laws of the state of Minnesota? Yes No 4. How long has the organization been in existence? 4a. How many members in the organization? S. What is the purpose of the organization? .6. Officers of the Organization: Name Address Title 7. Give names of officers or any other persons paid for services to the organization: Name Address Title { -14- i� D. Organization Information: (Continued) 8. In whose custody will organization records be kept? Name Address 9. If the organization carries sufficient insurance to compensate the players in the event any injury is sustained by players while participating in the bingo game, or while on the licensed premises, please state the Name of Insurer and Policy No. 10. *Have you (Manager & Officer) read, and do you thoroughly understand the provisions of all laws, ordinances, and regulations governing the operation of bingo games? 11. Attach a list of all active members.of the organization. declare that the information 1 have provided on this application is truthful, and I authorize the City of to investigate the information submitted. Also, I have received from the.City of a copy of the City Ordinance No. relating to bingo, and I .will familiarize' myself with the contents thereof. . Signature of authorized officer of organization Date . Subscribed and sworn to before me a notary public on this Day of 19 ignature of Notary Public Commission expires on. Signature of designated bingo manager of organization . Date Subscribed and sworn to before .me a notary public on this Day of 19— . Signature of notary public Commission expires on 9/13/76 LM F' -16- 06 ADDITIONAL SAMPLE BINGO LICENSE FEES City (Population) Bingo License Fee *Lake City (3,976) $100 annually *Ashby (415) $35 annually Roseville (34,438) $100 annually, except Richfield (47,231) $200 annually $10 annually for fewer Preston (1,413) $50 annually or $10 than 3 bingo occasions per bingo occasion *Lindstrom (1,260) $50 annually, plus $5 *Argyle (739) $5 annually per bingo occasion Austin (26,210) $25 annually Willmar (13,632) $200 annually Windom (3,952) $5 annually *Wabasha (2,371) $50 annually Robbinsdale $5 per bingo occasion *Round Lake (506) $50 annually (16,845) or $150 annually for *Slayton (2,351) $25 annually $50 bingo occasions *Houston (1,090) $10 annually, or $2 Mora (2,582) $25 annually per bingo occasion, *Breckenridge $10 annually whichever is greater (4,200) *E. Grand Forks $50 annually Fosston (1,684) $50 annually (7,607) Chisago City (1,068) $25 annually *Hinckley (885) $5 annually Brooklyn Park $50 for first bingo W. St. Paul (18,802) $17.50 per hour (29,945) occasion, $5 for each Bloomington $50 for a single day + additional occasion (81,970) $500 for each addi- Madelia (2,316) $5 annually tional day *Brooten (615) $12 annually Fridley (29,233) $100 annually or. $25 *McIntosh (753) $30 annually for four days only, and *Lafayette (498) $25 annually four -day fee may be *Brainerd (11,667) $20 annually waived for charitable *Little Falls (7,467) $20 annually organizations Montevideo (5,729) $200 annually Plainview (2,093) $100 annually *Morgan (972) $2 per bingo occasion *Waite Park (2,824) $100 annually *Park Rapids (2,772) $150 annually Hastings (12,195) $10 annually Prior Lake (1,164) $100 or $25 per bingo Anoka (13,298) $100 annually /$25 for occasion four days only *Alexandria (6,973) $25 annually *Caledonia (2,619) $50 the first year, $25 annually thereafter (* indicates that the League's model ordinance has been essentially adopted by the city.) 9/13/76 LM F' -16- 06 s - SAMPLE BINGO REGULATIONS ORDINANCE KO. '.9r6.227(A) AN OROiNAYCE ADWNG SZCTIS4.4%0 TO THS CITY COME REGULATING AND LICENSi%G SlliaO AND ACOING 3U1t3,iIVIS1CN :2 TO SECTION 390.10 CSTA91.15 :41MG LICENSS.FSES FQit 6iNGO The City cf Brooklyn Park does on!aio. ,• • Section 490.00 et Seq. is hertby at :d:y to "C City Cote and s9a!I reed !3, tzows: v:' section 490 - airro tte;"ilati,l+ts Section 490.0, Statute Incliroorsted Sy l "werence. Tte prOlOW its of Minresoia Statutes, 1776, Settid•9 349.1! t'.ra:;.ti 147.:3 are incorp; rated by reference and maoe apart remelt as if fLily se! ^..It hert.in. Section 49046. Addh ;ana: Regulat.ans. The tollnMn6 re,rlatiori::hail •_ apply to t.10 conduct of 1-ingo wiviir. t:;: City 1- addWon to ire cim"43tons of Minnesota Statutes, ) ?76, Sections 34.11 thradgh 347.23: Suod.1. Licerse ReCiiired. The u:ilicenSed co::ruct at birCo wlthln ne City is prohlb:led. Any organization authorised we iow to COncuet bingo cc. eas*nns may do so oriv after zpply :tg for a-id rK.•.ving b I :ceps.: if( rr. Me City Council as here_!.er pr .-vi.3t•d. Svbd. 2. Appl•earian. Apotication fir a t:ir;o iicenbe shall be made .0 the City Counci+ i x % forms prrpared by Ire City Cler< !•_r ::jai purpose. The application snail state •whero The genies will be Plated and the dates and the hove for w:.ich rermi : :ior, TO plztr me game i; rcduested. Tf+e- organization shall rct corducf bingo a: any place, cat? or !'me other then those specified in the apr>:ICaVOn. 7h.� cpClicaTicn sha•1 be verified :y a 1 duty authorized officer cf the orgen4alion dnd by i :tA do winated bingo' - . . manager, No arv4icat+Cn shat% De C:cepted oy in* lily unites ae• Compared by the full annual license tart. Subd. 3. L•ict rise Fps and License Year. The annual 11c^rs tee slal! b-1 In theamount set by the City Council. I.i•.cnses shiif expire on September 30 next after the dale of issue. . Subd. 4 Fidelity Bond. No bingo license span be !%sued vntli the bl%o enarfager gives a fite:ity bond .n tie sum ci Sl,.iYi] ;n :aimr Of the organization. Such bond shall be road ;t:t.ri.•d on the i:+ai• tt: performance by !tie manager of his dutles. he Mnd s!fatl nJl 7:: •:0r CN!abie except . upon 30 days writren nonce to the City. The 6." Cc r.clt may, by unanimous vote, agree to wal%t tie fidelity oar ;+ recc.r ea-rt. It sun. Vie MISS! be endors" la SUCA attiCn. waiver is grantvl, the lih SJit. S. ReyOCaf)F,. No 1!Censee .hAll have a v2s1M r<grd in e0y I1Clrsp isSU:d nere.;nd:r, and licenses ;sailed t+cm :.n :er r-.Ay -; r•voted by !lie - Council at any time. The iictrss si.'rt: 1: revcx•w vpon 1 ,nmv.ng that the licensee violated er Ca.r..d to b•! vic!ate•d city pro'. isions or this section, or of state law regulating the licensing or conav:r of bingo. The ticertse.e1e11 also be r woked it the event CA any rrisre;rnenTet•on in the license ep- ,pIication or an'y reports rewired of t ;la ma. Ea. Section SCA.10 of ire City C000 Is :rre..Cet in 3,:d S ruaivision 42 which WWI read as foiiows: Subd. Type of Na .Semen . License CorAlttensantlTerms Amorml 42 .470.05 Bingo ect. 1 to Sep :. 3� 00 for firs binge occasion and S5 for inch additions: xeeslon. Maycr i WWII: j City Clerk j• Passed ion 1st Reading jl.ugusf 23, 1976 Passed on 2•id Readay Sep ;ember 13. 1976 ; i?ubl lsMd in The Brocklyn Park Post Sep 6.23,14:61 ) 11 -22 -76 PJR •. J ONANANCE NO. ` ' ' 1 ttN P.DINANCF, ACT :IOTIZItiG ; TIIE ISSI; ;ACC OF UINGO t-MCENSrE TO QUALIFIED OR. GA. :ZATIONS. FP.F;SCRlE1tiG irmixTfONs 'THEREFOPP. .AND - t PROVIDING PENA_Y ?h'3 F03, ! VWLATIONS THL• 4r : F:•:.1 }} ING CNAPT R 29 OF WE c R!D• . 1 i.EYCITY COD::: AN'DA.MENDUNG CFIAPTER it, SEL'f1GV mill OF = THE FkIDLFY CITY CODc'..P.'e. . LUTING TO FEES T.112, CITY f`ril1NCIL OF THE CITY t Qr FR!DLEY DOES ORDAIN: SWrION 29.61 t uthorizaiion td Issue Ue-mms :tie c;ty is l; :r.•by authorized to Issue tinbo cpcntan licenses pur- suant to Mirmes•✓a .onto cs Arno- fated. Chspte. r09. Lictirses may be a Issued to organisations as defined by bfinnesuta I,w in -aid charter. SECIffO`( .73.82 license Pequired No orE-.izi;tion shalt 9pv�:ate s Unac gsn!e within the Cmi of Fnd?16y witlwut ha :irg issued 0 it .a binge . operators li^_ca t. SEC'T'ION 29.03 application for . 11cense _ An eligible orgarizatior shal! rrnke apjllicafion for a bing•: opeminrs 6 lice.,se en forms providee! by the city. No license shall be issued anti! at least thirty (SC► days after the date of said app!icati.!n. A iicense shall be i valid for a period of ore (I I year. iSe,CFION :9.04 License Fee . The annual licen se fee and e•:ppira- t o:i date stait be as p -at Ided ir. Chap• Aer 11 of this cud: :SECTION 29.03 Addidua3l Regula- ,lions afiritnura Age — No person work- hW,, a bingo game shall be less than eighteen 1!3 1 years of age. .-o • alcoholic bevera;es n•iil be served. cr• consur.•ed in ' the same room as bingo is veiag_piayed. ;SECTION 28.06 Suspension or Revo• ` eattmt A bingo operators Uceme Issued ' he'rednder may be sic ,ended for vio- lation of this ordinance or for viola- tion of the state statute for a period not exceeding thirty (20) days. A bingo operator lv:ense !nay be re. _ veked for vio!ation of t i3 ordinance ' ar for viokition of the st %te sta :ute: -said revocat:or. shall be after reason- able notice and pvb:ic tearing before .:he city council. Chapter 11 o. the Fridley Code is hereby amended !o read as fol!ons: SECTION 11.10 Fees • aid new su:bj,!Ct of ..Bingo s Operators License". The annual : ht•kse fei- ier c bipgr, operators Leese sliall ix• x.193 pe :.•,n :. A ape - cia; fair day license rn3y G;• i :sued at ' a cast of $35: This special 6,ur day Ines se fee may be waii.ed by Council �. action ' j church or other charitable organb :ions. PASS: D AND.11)01047ED BY THE ' ,i CITY CGCt:CiL OF THE CITY OF ' Fr.IDLEY THIS #TV D..Y OFJUIgi , leis. WILkL151 J. NEE !ATTMT: Mayer MARVIN C. BRUNiF:LL Oily teak `ir.f Rez i :ng: blay 17, 1974 Sett +nd iiraAie_� :.!un•: 7 1316 -Ad:.Lsh. Jin.e:J, 19:6 g - - .:. (June 23, 9 255 W r' ?r; 11; fj ATTORNEY GENERAL'S -6 An informational service prepared by the Office of the Minnesota Attorney General for County Attorneys and other public officials involved with the administration of local and state government. Volume 3, Number 2 July- August, 1978 A WORD FROM THE ATTORNEY GENERAL As many of you know, the 1978 Min- nesota legislature adopted new gambling laws. The feature article in this month's i`lessencer examines the history of our gambling laws leading up to the passage of the new act and the impact of the new act on local governments. The implementation of the new gambling laws will challenge city and county" governments to work together in delineating jurisdiction and creating enforcement programs. It is our hope that this article will assist you in un- derstanding the new act and in developing local guidelines most satisfactory for your community. We have also included in this issue syn- opses of several decisions recently handed down by the Minnesota Supreme Court as well as summaries of some recent opinions issued by this office. We welcome any com- ments or inquiries you may have on these sections of the Messenger. We also invite you to submit any ideas you may have for topics for future feature articles. Suesestions can be directed to me in care of Ms. Lisa Berg, 820 American Center Building, St. Paul, Minnesota 55101. WANT TO BE ON THE MAILING LIST? The Messenger is published monthly for local and state public officials and other in- terested persons. County attorneys, public defenders, district court judges, clerks of court, court services personnel, county sheriffs and chiefs of police receive the Messenger. If you are not receiving the Messenger and would like to, please write to: The Messenger, Attorney General's Of- fice, 820 American Center Building, St. Paul, Minnesota 55101, or call (612) 296- 7577. The Messenger welcomes contributions in the form of letters to the editor or articles. Please feel free to submit material on any topic. GAMBLING IN MINNESOTA: NEW ACT AUTHORIZES CERTAIN GAMBLING DEVICES Before 1976 Minnesota law categorically prohibited participation in gambling and related acts. The law expressly prohibited betting, lotteries, and !gambling devices if they involved any risk of loss or gain dependent upon chance. In 1976 the legislature altered this unequivocal stance by authorizing bingo games if conducted by nonprofit . organizations for public- spirited purposes. This year the legislature extended the types of permissible gambling activities. The ' new provisions (Minn. Laws 1978, ch. 507), which became effective August 1, 1978, authorize licensed organizations to operate gambling devices and to conduct raffles if the organizations meet other statutory requirements. Like the 1976 amendments authorizing bingo, the 1978 legislation provides minimum standards for methods of play, procedures for accounting, and qualifications for licensing. According to Rep. Robert Jensen, who helped draft the new act, the purpose of the new legislation is to approve activities accepted by society but previously. prohibited by law. The drafting committee felt most citizens approve of raffles and games using devices such as "paddlewheels" and "tipboards," provided they are used by nonprofit organiztions for fund raising purposes. Sen. Tom Nelson, who sponsored the bill in . the Senate, said another major purpose for enacting Chapter 507 was to alleviate problems law enforcement officials have experienced in enforcing former gambling laws. If the new legislation accurately reflects public opinion, then the changes should eliminate many enforcement difficulties. In addition, the changes should lessen enfor- cement problems because they allow authorized organizations to conduct activities openly and require them to make records of their activities available for inspection. CHANGES IN THE LAW The new law authorizing licensed organizations to operate gambling devices and to conduct raffles changed four chapters of the Minnesota statutes. The provisions governing the operation of these activities are codified as Minn. Stat. §349.26. The dis- cussion below summarizes the major provisions of Minn. Stat. §349.26 as well as the changes made in the other three chapters. Provisions for Licensing and Operation The amendments to Chapter 349 deal with three basic issues, which are (1) what ac- tivities are authorized, (2) who may conduct these activities, and (3) how eligible organizations must conduct their operations. (continued on page_ 2) (conthrued front page l ) 1. Authorized Activities Under the new act any county or city may establish a system for licensing organizations to hold raffles and /or operate gam - bling devices. They may adopt rules governing these activities that are more restrictive than state law, including ordinances prohibiting such functions. If a local government authorizes gambling activities, its authorization extends to only those ac- tivities specified in Minn. Stat. §349.26. The amendments to Chapter 349 specify three types of gambl- ing devices that licensed organizations may operate. These devices are paddlewheels, tipboards, and apparatus used for raf- fles. A paddlewheel is a wheel divided into numbered sections which uses a pointer to indicate winning chances after the wheel is spun. A tipboard is a board or placard marked off into sec- tions containing a hidden number of numbers which determine the winning chances. The third type of authorized gambling device includes any apparatus used in conducting raffles. The statute defines "raffle" as a game in which a participant buys a ticket for a chance at a prize, with the winner determined by a random drawing. In addition to defining each type of authorized gambling device, Minn. Stat. §349.26 expressly prohibits the.possession or operation of any gambling mechanism activated by a coin and any game in which the outcome of any athletic event determines the winner. 2. Authorized Organizations All organizations conducting any of the recently endorsed ac- tivities must have a license from a local licensing authority.Gam- bling licenses are valid for one year, and they may be suspended or revoked if the licensee violates any provision of Minn. Stat. §349.26. Organizations are eligible to receive licenses only if they meet four specified requirements. First, only fraternal, religious, veterans, or other nonprofit organizations exempted from taxa- tion under Minn. Stat. §290.05 subd. I(i) or (k) may acquire licenses. Eligible tax exempt organizations include those organized for exclusively scientific, literary, religious, charitable, educational, or artistic purposes as well as those organized to make contributions for governmental use. Clubs operated ex- clusively for pleasure, recreation, or other non - profitable pur- poses are also eligible for licenses. As a second condition for licensing, an organization must have been in existence for at least three years. A third condition for eligibility requires the organizations to have 30 or more par- ticipants who have paid all their membership dues and have been members for at least six months. A fourth condition for license eligibility is imposed indirectly byMinn. Stat. §349.26 subd. 10. This provision requires licensed organizations to use all net proceeds from gambling events solely for the lawful purposes defined in Minn. Stat. §349.12. This sec- tion authorizes most educational, charitable, religious, or public - spirited uses; however, it expressly excludes the erection or ac- quisition of real property unless such expenditures are specifically approved by the local government. The act does not require local authorities to issue licenses to all associations meeting these four criteria. Local governments may adopt licensing requirements more restrictive than state law. Thus, an organization eligible to receive a license under state rules may still be ineligible under more restrictive local requirements. 3. Rules For Operation Minn. Stat. §349.26 regulates four aspects of gambling and raffle operations. First, these provisions specify who is permitted to conduct the activities. They require that a single manager must supervise all activities and that this person must be an ac- tive member of the organization. In addition, all persons who assist with any aspect of the gambling events must be either an active member of the organization or the spouse of an active member. Neither the gambling manager nor other persons assisting with the events may receive compensation for their own Financial benefit. A second restriction on gambling events requires all activities to occur only on premises which the licensee owns or leases. The one exception to this requirement is that raffle tickets may be sold off premises. A third regulation for conducting gambling events limits the value of the prizes awarded at the games. Total prizes from any single spin of a paddlewheel or from any single tipboard cannot exceed $100. Daily prizes from paddlewheels and tipboards can- not exceed $500. There are no limits on the value of prizes awar- ded in single or daily raffles. In any calendar year the combined value of prizes for all three games cannot exceed $15,000. Finally, the act imposes comprehensive record keeping re- quirements. Records of gross receipts, expenses, and profits must be kept for each gathering. Licensees must itemize the dis- tribution of profits as to payee, purpose, amount, and date of payment. Further, each licensed organization must make monthly financial reports of these records to its members and to the local licensing authority. The organization must have a ' spearate accountant for gambling proceeds, and he must segregate all gambling receipts from other organizational revenues. Finally, all records must be available for public inspec\ tion and be preserved for three years. OTHER AMENDMENTS 1. Criminal Code Changes The new legislation made three changes in the criminal statutes regulating gambling. The first change deleted a phrase from the definition of "lottery." Previously, Minn. Stat. §609.75 subd. I included in the lottery definition "[any] plan designed for or resulting in any private pecuniary gain." This phrase created enforcement problems when charitable organizations argued that their gambling activities were not lotteries because they did not result in private monetary gain. The deletion of this phrase from the lottery definition should clarify which activities will not constitute lotteries prohibited by the criminal statutes. A second change in the criminal code amended Minn. Stat. §609.75 subd. 3 to remove the newly authorized activities from the criminal prohibitions against betting. The final change added a section expressly authorizing licen- sed organizations to conduct endorsed gambling operations and allowing a person to manufacture and sell gambling devices to such organizations. Of course, all changes in the criminal law re- quire all organizations to be licensed and to conduct all events in accordance with Chapter 349 in order to avoid criminal penalties. -2; - (continued on page 3) 1 (eonlinued front page 2) 2. Chapters 325 and 340 The new act also changed the statutes regulating manufacturing and sales and those dealing with intoxicating liquors. In regulating businesses engaged in manufacturing or in selling, Minn. Stat. Ch. 325 formerly provided that the posses- sion of gambling devices upon any licensed premises was grounds for revocation of any license under which a business operated. Chapter 507 amended this provision to allow nonprofit organizations licensed for gambling to possess authorized gambling devices without losing their business licenses. The new act also amended Minn. Stat. Ch. 340, the Minnesota Intoxicating Li- quor Act, to allow organizations having li- quor licenses to keep and operate gambling equipment if they are also licensed for gambling. ENFORCEMENT State Provisions Chapter 507 provides criminal and civil sanctions for organizations violating minimum state requirements. Organiza- tions failing to comply with the require- ments of Minn. Stat. §349.26 still fall within the prohibitions of the criminal code. Minn. Stat. §349.26 subd. 16 also states that any violation of the new provi- sions is itself a misdemeanor. In short, organizations failing to meet .the minimum state standards for keeping records, managing activities, appropriating profits, etc. are subject to criminal charges. However, these criminal penalties do not apply to violations of local rules. Thus, local governments are free to determine whether they want criminal penalties ap- plied to any additional rules they adopt. In addition to criminal penalties, civil sanctions may apply to violations of the act. Gambling licenses may be suspended or revoked for any violation of Minn. Stat. §349.26, but this consequence is not man- dated by the act. Thus, unless local authorities adopt such a provision, a criminal conviction will not necessarily result in license forfeiture. Futhermore, business or trade licenses may be subject to forfeiture pursuant to Minn: Stat. §325.54, which authorizes licensing authorities to revoke business licenses for the inten- tional possession of. unauthorized gam- bling devices. (eonlinued on page 4) RECENT CASES MINNESOTA SUPREME COURT RULES ON MIRANDA AND OTHER ISSUES Following are summaries of some recent options of the Attorney General inter- preting Minnesota Statutes. MIRANDA RIGHTS In an appeal from a district court order to suppress evidence obtained after the defendant allegedly waived his Miranda rights, the Minnesota Supreme Court agreed with the trial court's holding that the state had not sustained the "heavy burden" necessary to establish that the waiver was knowing, intelligent and voluntary. The court included in its decision discussions of the sufficiency of a waiver and burdens of proof. ' At the outset, the court held, the state must offer proof that the Miranda warnings were given to the defendant, that he indicated that he understood them, and that only then did he give a statement. At that point, it is up to the defendant to prove that the waiver was not knowing, voluntary or intelligent. If the defendant offers such evidence, the trial court has the duty to make its own subjective, factual inquiry to determine whether the statement was voluntary. In making this decision the court should look at the "totality -of -the- circumstances." Brewer v'Williams, 430 U.S. 387 (1977). This test weighs a number of factors to determine whether the waiver was in- deed given freely and with full knowledge of its consequences. The factors, set out by the Minnesota court, are age, maturity, intelligence, education, experience, ability to comprehend, lack of adequacy of the warnings, length and legality of detention, nature of interrogation, physical deprivations, limits on access to counsel and friends, and others. In the absence of a specific finding that the district court's decision was clearly erroneous, the supreme court will not reverse. It will, however, make an independent assessment of the fact to determine whether the state has shown by a fair prepon- derance of the evidence that the waiver was knowing, intelligent and voluntary. The court also noted that the same test used to determine the voluntariness of a waiver can also be used in determining the voluntariness of a confession. State v. Linder, Minn. (filed July 14, 1978). WITNESS IMPEACHMENT A pretrial appeal from an evidentiary ruling in district court raised the issue of whether the prosecution could impeach one of its own witnesses with extrinsic evidence of a prior inconsistent statement. The Minnesota Supreme Court held that such evidence should be barred and noted that to allow it would be to admit, under the guise of impeachment, otherwise inadmissible evidence. The court came to this conclusion by reviewing the legislative history of Rule 801 (d)(1)(a), Federal Rules of Evidence. This rule presently allows prior inconsistent statements to be admitted substantively only if the declarant testifies under oath and is subject to cross - examination concerning the statement. The original version of Rule 801 (d)(1)(a) was drafted in conjunction with Rule 607, which allows any party to at- tack the credibility of a witness, and would have permitted the admission into evidence of all prior inconsistent statements. However, Rule 801 (d)(1)(a) was amended to restrict the admission of such evidence. The court reasoned that, correspondingly,Rule 607 should also be construed to restrict the admission of this type of evidence for im- peachment purposes to avoid misuse of that rule to circumvent the operation of Rule 801(d)(1)(a)• In dealing with the problem of the admissibility of prior inconsistent statements for impeachment purposes, the court favored. the approach which balances the possible unfair prejudice resulting from the adMission of the impeachment evidence against its probative value. State V. Dexter, Minn. (filed June 23, 1978. (eonlinued on page 7) 1 -3- 4 _ (continued from page 3) 2. Delegation Of duties To facilitate enforcement of this latter provision, Minn. Stat. §325.56 directs peace officers to "observe- and inspect the premises where occupations are carried on under license and ascertain whether gambling devices are present." This section further directs officers to report any violations to licensing authorities, who, in turn, may revoke the business' license. Whereas this provision appears to contemplate warrantless in- spections for potential violations, such inspections could en- counter constitutional difficulties in light of the recent decision of the United States Supreme Court in Marshall v. Barlow's Inc.,_U.S._, 98 S. Ct. 1816 (1978). There the Court found that warrantless inspections of business premises conducted pur- suant to the authority of the U.S. Occupational Safety and Health Act of 1970 (OSHA) violate the warrant requirement of the Fourth Amendment to the U.S. Constitution. However, the Court also stated that a warrant may not be required under other regulatory circumstances if the business is of the type which has a long tradition of close government supervision, such. as businesses dealing with liquor or firearms. Whether businesses or organizations engaging in gambling activities would fall within this exception to the warrant requirement is an un- resolved question. Hence, in the absence of consent, the safest course for local officials would be to apply for an administrative search warrant prior to routine inspections of such entities. Local Options The primary reason for enacting Chapter, 507 was to change state gambling laws to reflect public attitudes. Because not all communities have the same views on gambling, the legislature provided only general guidelines for conducting and enforcing these activities and left several issues to the discretion of local authorities. The following discussion presents general areas left open for local regulation. Each discussion lists specific issues which a city or county government may wish to address in adopting its rules. 1. Sanctions For Violations Chapter 507 does not attach either criminal or civil sanctions to violations of local regulations. Thus, local authorities may decide which sanctions, if any, should attach to the activities they choose to authorize. The following list includes some of the enforcement issues local governments may wish to resolve. ® Should criminal penalties apply to violations of local rules? If so, which penalties are appropriate? ® Which violations, if any, should result in revocation or suspension of an organization's gambling license? What notice and hearing requirements should apply to the revoca- tion or suspension proceedings? ® Should license revocation have additional ramifications,such as making an organization ineligible to reapply for another license for a specified time period? ® Will a criminal conviction for a violation of the gambling rules require forfeiture of an organization's license? ® Should applications for licenses be made under oath or affirmation? -4- Enforcement of the new gambling act will include such sundry duties as examining required records, attending gambling ac- tivities, and inspecting licensed premises. The act does not delegate these duties to specific officials or units of local govern- ment. Therefore, counties and cities are free to develop the en- forcement scheme most suitable for their resources. Some of the issues that may arise are listed below. ® Which unit of government should assume licensing and regulatory responsibility for vicinities within the jurisdiction of both a county and a city? Because the act does not delineate enforcement or licensing jurisdiction, local govern- ments may wish to agree on this issue before they establish their licensing systems. ® Who shall assume ..primary responsibility for examining organizations' books and records - agents of the licensing authority or local peace officers? ® Which officials should have primary responsibility for enforc- ing rules governing the operation of games and those cover- ing the possession of equipment? 3. Record Keeping To help ensure that the proceeds of authorized activities are devoted to the required purposes, the local authorities may wish.' °"'' to adopt record keeping requirements which are more restrictive than state standards. The following issuds may bear consideration. a Would rules specifying what expenses may be deducted from gross receipts of gambling occasions assist record examina- tion? If so, what expenses should be authorized ?. ® Should there be a limit on the length of time an organization has to dispose of gambling profits to the uses permitted by statute? If so, what time limit would facilitate record inspec- tion? 4 4. Other Matters The largest and perhaps most significant areas of discretion left to local officials concern license eligibility and the actual processes of conducting gambling activities and distributing gambling equipment. A few of the major questions that may arise concerning these areas are listed below. ® Would specific requirements for the form and display of gam- bling licenses assist in identifying legitimate operations? ® Should organizations be required to open their premises for inspection as a condition for licensing? Such a licensing re- quirement could evidence an organization's voluntary sub- mission to close governmental regulation, thereby exempting it from the search warrant requirement under Barlow's. a Should participation in the endorsed activities be limited to specific persons such as members, family, or guests? (continued on page 5) (continued from page 4) • Should organizations having food or li- quor licenses meet different licensing criteria than groups without such licenses? . • Should one organization eligible for a gambling license be allowed to manufacture and sell equipment to other eligible organizations? Chapter 507 does not expressly grant local governments the authority to regulate the manufacture or sale of gambling devices. However, in granting local authorities the power to establish their own licensing system, the legislature did not preclude cities and counties from prohibiting organizations from selling and manufacturing equipment as part of their licensing schemes. CONCLUSION Chapter 507 is an ambitious legislative attempt to open the door to limited gambl- ing activities within the state while preserv- ing a local option to restrict or disallow such activities altogether. The act not only has clarified ambiguities found in past gambling laws but also has carefully defined activities endorsed under the new law. However, the flexibility in the state guidelines challenges local authorities to provide specific rules that local officials can readily interpret and enforce. RECENT OPINIONS ATTORNEY GENERAL ISSUES OPINIONS ON LIQUOR AND OTHER TOPICS Split Liquor Law May a city with an off -sale liquor dis- pensary issue a private on -sale liquor license to a hotel or restaurant pursuant to Minn. Stat. §340.353, subd. 5, and thereaf- ter establish a municipal on -sale liquor dispensary? Minn. Stat. §340.353, subd. 5, known as the Minnesota Split Liquor Law, allows municipalities with off -sale liquor stores to issue on -sale liquor licenses to private per- sons in connection with the operation of hotels and restaurants. After such issuance of a private on -sale license, according to the statute, the municipality may continue its own on -sale or off -sale or both, or may resume any municipal on -sale or off -sale store previously discontinued. The statute does not specifically provide for the es- tablishment of a municipal on -sale facility foi the first time after issuance of a private on -sale license. While section 340.353 does not expressly authorize a city to establish an on -sale municipal liquor store after issuing licenses to private enterprises, there is no provision which limits the city's power to do so. There is also no apparent legislative intent or policy consideration that would dis- allow the city from establishing an on- or off -sale municipal liquor dispensary under Section 340.353 after issuance of a private license even though a municipal facility had not been established previously. The opinion is Op. Atty. Gen. 218g -20, April 24, 1978. Conflict of Interest May a business that is not licensed or authorized off -sale retail liquor dealer engage in the business of taking orders for, securing, and delivering intoxicating liquor to its customers? Minn Stat. §340.11, subd. I provides that it is "unlawful for any person, directly or indirectly ... to manufacture, import, sell, exchange, barter., dispose of, or keep for sale any intoxicating liquor without first having obtained a license therefore. ". Minn. Reg. Liq. 57 prohibits the sale of alcoholic beverages except on licensed premises, and Minn. Reg. Liq. 58 requires that the delivery of intoxicating liquors to the residence of purchasers be done by licensed or authorized off -sale liquor° dealers. J -5- These provisions are designed to assure that the entire transaction of a retail liquor sale, from the receipt of the order to the delivery to the customer, will take place with and under the control of a retail li- quor licensee. If a business delivering li- quor would not be acting simply as a delivery agent for a licensed establishment or as an occasional messenger for purchasers, but would actively solicit and transfer liquor orders, its delivery activities would not be authorized. The lopinion is Op. Atty. Gen. 218g -5, June 5, 1978. Delivering Liquor If a member of a volunteer fire depart- ment in a home rule city is elected to the city council and the city council determines the compensation that the volunteers receive, is there a prohibited conflict of interest? Minn. Stat. §471.87 prohibits a public officer from having a financial interest in or personally benefitting from contracts he helped make in his official capacity. Minn. Stat. §471.88 subd. 6 excepts from this general rule contracts a council enters by unanimous vote with a volunteer fire department which pays or provides retire- ment benefits for its members. In a former opinion, Op. Atty. Gen. 90- a -I, March 30, 1961, the Attorney General said section 471.87 does not prohibit a council member from having interest in or benefitting from a contract made by the council before he became a member of the council. However, the statute could operate to prohibit the renewal, extension, or modification of such a contract while the person is a member of the council. This type of action would subject the member to the prohibition of section 471.87 unless un- animously approved by the council as provided for in section 471.88 subd. 6. The opinion is Op. Atty. Gen. 90-e, April 17, 1978. Hospital Detachment Does a governmental unit included in a hospital district have an absolute right to be detached from the district upon petitioning the hospital district board? If no such right exists, what procedure should be followed concerning a petition for detachment and what criteria should be considered in determining whether to grant it? (continued on page 6)