Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
1975-04-21_COUNCIL MEETING
RESOLUTION OF AP "P'RECIAT10-N WHEREAS, Edina Fire Chief James McNellis was an original member of the Edina Volunteer Fire Department when it was organized in 1941; and WHEREAS, James McNellis became a member of the full -time Edina Fire Department upon its organization in 1955; and WHEREAS, James McNellis was appointed Fire Chief of the City.of. Edina on June 1, 1961; and WHEREAS, over the years, Chief McNellis has.been known for his bravery, having risked his life on many occasions; and WHEREAS,'under his very able direction, much progress has been made in the modernization of the Edina Fire Department and great strides have been "made in fire prevention throughout the City; NOW, THEREFORE, BE IT RESOLVED that the Edina City Council commend FIRE CHIEF JAMES .MC NELLIS for his outstanding accomplishments during his years of service for -the City of Edina and -wish him long years of happy retirement; and BE IT FURTHER RESOLVED that a copy of this resolution be recorded upon the pages of the Minutes Book of the City of Edina and that an appropriate copy of this.resolution be presented to Fire Chief James McNellis. ADOPTED this 21st day of April, 1975. Mayor ROLLCALL MINUTES of March 17, 1975 approved as .submitted or corrected by motion of seconded by RECOGNITION OF FIRE CHIEF JAMES MC NELLIS PROCLAMATIONS - Bicycle Safety Week - Respect for Law Week RECOGNITION OF FIRE CHIEF JAMES MC NELLIS I. PUBLIC HEARINGS ON PROPOSED IMPROVEMENTS Affidavits of Notice by Clerk. Pre - sentation by City Manager and Engineer. Spectators heard. If Council wishes to proceed, action by Resolution Ordering Improvement. 4/5 favorable rollcall vote to pass. A. Street Improvement No. P -BA -205 - W. 78th Street from Cahill Road to 3300 feet West B. Water Main Improvement No. P -WM -293 - Parkwood Lane from North line of Parkwood Knolls 19th Addition to Parkwood Road C. Sanitary Sewer Improvement No. P -SS -323 - Parkwood Lane_ from North line of Parkwood Knolls 19th Addition to 170 feet North D. ,Water Main Improvement No. P -WM -292 - Dovre Drive from Lincoln Drive to West line of Parkwood Knolls 19th Addition E. Sanitary Sewer Improvement No. P -SS -322 - Dovre Drive from Lincoln Drive to West line of Parkwood Knolls 19th Addition II. PUBLIC HEARING ON PROPOSED ASSESSMENT Presentation by City Manager and Engineer. Spectators heard. If Council wishes to proceed, action by Resolution Ordering Assessment. 3/5 favorable rollcall vote to pass. A. Street Improvement No. C -113 - York Avenue South of Yorktown.Addition (Continued from April 7, 1975) III. PUBLIC HEARING TO DETERMINE IF A CERTAIN BUILDING IS "UNSAF19'WITHIN MEANING OF ORDINANCE NO. 471 . Presentation by Fire and.Building Department Officials. Spectators heard. Action of Council by Resolution. 3/5 rollcall vote. A. 7651 -97 Washington Ave. S. - Edina Office and Production Center (Continued from April 7, 1975) - Continue to 5/5/75 IV. AWARD OF BIDS Tabulations and Recommendations by City Manager. Action of Council by Motion. A. Edina Art Center (Continued from 4 /7/75) B. Aerial Tower -and Truck (Continued from 4/7/75) V. COMMUNICATIONS A. Minnesota Tenants Union - Request for Funds B. Denise Iser - 76th & York Avenue Intersection Traffic C. Hennepin County - Municipal.Officials Meeting - April 22, 1975 D. Melvin C. Gittleman - Krahl Hill r April 21, 1975, Agenda Page Two VI. RECOMMENDATIONS AND REPORTS A. -Open Space Reports B. Capital Improvements (Continue to 5/5/75) C. M.A.M.A. 49 Negotiation Authorization D. Feasibility Report - Set Hearing Date E. Southdale Area Lighting F. Storm Sewer Improvement P -ST.S -143 - Bruce Ave. G. Bicentennial Commission 1. Park Dedication - Request for Funds 2. Historical Markers 3. John Philip Sousa Memorial Band 4. Commission Members H. Biltmore Lanes - Finding and Order (Continued from 4/7/75) I. Southdale Bowl Licenses J. Board of Review - Set Date (June 10 /11 ?) K. Deferred Compensation Plan for Employees L. Governmental Commission Council Meeting Date M. A.B.C. Real Estate Tax N. County Road 18 /Valley View Road Interchange 0. Traffic Safety Committee Minutes of 4/15/75 P. Traffic Safety Enforcement Award Q. M.T.C. - Southdale Facilities R. Railroad Property Tax S. Suburban Hennepin County Municipal Organization T. Legislative Matters 1. General Hospital 2. Community Health Services 3. Council Elections 4. Metropolitan Council VII. ANY OTHERS WHO DESIRE HEARING BEFORE COUNCIL VIII. FINANCE A. Purchase of Golf Balls B. Morningside Water Main Sampling Quotations C. Claims Paid: Motion of , seconded by , for payment of the following claims as per pre -list: General and Revenue Sharing Fund, $87,505.15; Construction Fund, $447.67; Park Funds, $22,976.26; Water Fund, $11,715.55; Liquor Fund, $226,015.79; Sewer Fund, $2,014.90; Total, $350,675.32 i 10th Annual Edina Bicycle Safety Program - 10th Annual Edina. Bicyce Safety Program Monday ?, nnri1 through Friday g May - 1975 PROCLAMATION As mayor of the City of Edina, I call upon all members of this community to give their wholehearted support to the 10th Annual Edina Bicycle Safety Program which will be conducted Monday, April 21 through Friday, May 9 under the united efforts of the Edina Lions, Jaycees, Rotary, Scout Troops, Police Department,.:: Greater Edina Chamber of Commerce, Optimists, Southdale Optimists, Edina Federated Junior Women's Club, League of Women Voters, The Women's Club, and the PTAs and parent groups of the eight Edina Elementary Schools and three Parochial schools. The purpose of the Program is to reduce the hazards of bicycle riding for young bicyclists, as well as for pedestrians and motorists. The growing congestion of our streets and highways daily increases the dangers for the careless or unskilled rider. Reports of hundreds of deaths and thousands of injuries each year throughout our nation (due to collisions between bicycles and motor vehicles alone) have alerted us to the need for such a Program. By training our boys and girls, at an early age, in proper riding skills; by teaching them the laws governing bicyclists; by explaining the reasons for obeying safety rules; and by helping them to be aware of the hazards.of biking we feel Edina is making a concerted attempt to assure that the number of accidents does NOT keep up with the ever increasing number of bicyclists. The energy crisis may even now be creating the need for our adults to, use their bicycles as a means of transportation for short haul errands. It behooves us all to remember that a bicycle is no longer just a toy. but a vehicle to be taken seriously; therefore.we should all become thoroughly familiar with the "rules of the road" to minimize the incidence of accidents Purge 2 Bicycle Safety Proclamation by Mayor Van Valkenburg The safety of our children cannot be relegated to a once -a- year - campaign. I call for the support of every parent in carrying out this campaign all year long; and I urge every youngster to participate in this Bicycle Safety Program and then practice what he has learned - - for his own safety as well as other's. James Van Valkenburg Mayor City of Edina April 10, 1975 THE TARGET IS BIKE SAFETY The Edina Citizens Safety Council has taken initial steps to introduce the community to a bicycle safety program. Edina is a community that has advanced in bicycle and pedestrian trail systems. The Citizens Safety Council has issued a statement that states with the "phenomenal rise in popularity of.bicycling in Edina, the-Safety Council believes there is an immediate need to inform citizens of Edina about bicycle safety." THE COUNCIL has suggested the Edina Public Safety Department administer a bicycle program by initiating the following: a paid youth force during the summer months, community service officers, and police officers to oversee the program and the enforcement of the licensed bicycles ordinance. The Council also recommended that bike riders with first offenses receive a warning ticket indicating the law broken. For future violations, a traffic ticket will be issued: For additional offenses within six months, bicyclists will be ticketed for - the specific violation according to law. FOR BICYCLISTS under 18 years of age, the Council recommended the following: FIRST OFFENSE: warning ticket issued to violator, stating what law was broken and what will result if there are future violations. ADDITIONAL offenses within three months: a letter from the Edina Public Safety Director, sent to the parent and /or legal guardian informing him of the circum- stances surrounding the child's violation: a request for assistance in curbing any further violation of the Bicycle Safety Laws by that child. - 2 - The Council also suggested a direct mailing to all households in Edina informing the public of bike safety laws in Edina. The law (Ordinance 1421) provides for registration of bikes and application with the city clerk for every bicycle owner. THE LAW provides for a tag or plate to each licensed bicycle. A fee of $2.00 must be paid to acquire the license. Whenever ownership is transferred to another resident of the City, a new license shall be obtained by the transferee within five days after transfer of ownership. Cancellation of a license will occur if a holder violates any ordinances of bicycling. Bikes without licenses may be impounded until proof of ownership is obtained and a license is obtained. The Edina City Council will study .these proposals of the Safety.Council and take action soon. April 10, 1975 Letter to City Council: The Edina Citizens Safety Council is concerned with bicycle safety. With the phenomenal rise in popularity of bicycling in Edina and with the advent of our City's new Bicycle and Pedestrian Trail System, the Citizens Safety Council feels there is an immediate need to inform citizens of Edina about Bicycle Safety. We also feel very strongly that the Edina Public Safety Police Department should enforce all traffic laws pertaining to bicyclists. We recommend that the Public Safety Police Department administer this.program by: 1. Police Officers 2. Paid youth force.(summer months only) 3• Community service officers It should be mandatory that Ordinance No. 1+21 (An Ordinance Regulating Operation and Requiring Licensing of Bicycles, and Providing a Penalty) of the City of Edina be enforced (copy attached). Specifically, for those adult bicyclists 18 years of age or older, we recommend the following: .1. First Offense: A warning ticket issued to the violator, stating what law was broken and that for any future violation he will receive a police traffic ticket.. 2. Additional Offenses (within 6 months): Bicyclists will be ticketed for the specific violation according.to law. For those bicyclists under 18 years of age, we recommend the following: - 1. First Offense: Warning ticket issued to violator, stating what law was broken and what will result if there are future violations. Letter to City Council Page 2 April 10, 1975 2. Additional Offenses (within 3 months): A letter from the Edina Public Safety Director to be sent to the parent and /or legal guardian inform- ing them of the circumstances of their child's violation; and request their assistance in curbing any further violation of the Bicycle Safety Laws. (See sample letter attached.) We also feel that the way to inform the bicycling public in our City regarding the above is by a direct mailing to households. We would also plan for publicity through local newspapers. We are enclosing a proposed mailer which is self - explanatory. Thank you for your consideration. Edina Citizens Safety Council PROPOSED MAILER TO HOUSEHOLDS Dear Edina Bicyclists: LIKE TO BIKE? THEM BIKE RIGHT! Traffic laws are for you - - - -- -too!! All bike riders must learn, know and obey traffic laws, for their own personal safety as well as others, when riding their bikes.. DO YOU ? ? ? ? ?? 1. Stop at STOP SIGNS? 2. Use hand signals? 3. Ride on the "right" side of the road? 4. Ride alone - - -- one on a bike? 5. Obey traffic lights. There's been a boom in bicycling in Edina -- with.more and more bikers of all ages on our City streets, sidewalks and trails. Your Edina Citizens Safety. Council is concerned with the growing safety problems and wants to make biking safer for all of us. Effective immediately, all traffic laws pertaining to bicycles will be enforced by the Edina Public Safety Police Department. In order to make you more informed regarding the rules and regulations of bicycling, we are enclosing a fact sheet for your information. IT'S FUN TO BIKE - - - - - -- SO LET'S BIKE RIGHT!!!! Edina Citizens Safety Council Dear Mr. and Mrs. Your son (daughter) has violated the Minnesota State Bicycle Law for the second (third, fourth) time. We are respectfully requesting your assistance in having these violations discontinued. If your son (daughter) commits another violation, it will be necessary for us to impound the vehicle indefinitely until we have received a satisfactory assurance that he (she) will obey the law. Edina Director of Public Safety l ORDINANCE NO. 1421 An Ordinance Regulating Operation and Requiring Licensing of Bicycles, and Providing a Penalty. Section 1. License Required. No person shall ride or use a bicycle upon any public street, highway, or boulevard, such bicycle being owned by a resident of the Village or custom- arily kept or stored at a place within the Village, unless the same shall be licensed as herein provided. Sec. 2. License Procedure and Control: Penalties: The provisions of Ordinance No. 141 of the Village, including the penalty provisions thereof, shall apply to all licenses required by this ordinance and to the holders of such licenses, except as herein otherwise provided. Sec. 3. Fee. The fee for the license required by this ordinance shall be S2. Sec. 4. Expiration Date. Such license shall be valid as long as the bicycle remains the property of the licensee. Whenever ownership is transferred to another resident of the Village, a new license shall be obtained by the transferee within five days after transfer of ownership. Sec. 5. License Plate and Registration Card. There shall be issued to the licensee a suitable tag, plate, seal or other device which shall be attached to the frame of the licensed bicycle. A registration card shall be issued which shall show the name of the licensee, the name of the manufacturer of the bicycle and its frame number, the type of bicycle, the Lcense number and the date of issue. The Village shall keep the same information by means of a dupEcate registration card. The approval of the Village Manager shall not be required for the issuance of any license hereunder. Sec. 6. Administration. The Village Cler'.< shall, at least once a month, pay over to the Village Treasurer all fees received pursuant to this ordinance. The Chief of Police shall have the powers and duties of the Village Manager or his deputy to enforce the provisions of this ordinance and Ordinance No_ 141, with respect to bicycles licensed here- under and their owner and operators. Sec. 7. Replacement of Lost License or Card. Upon ap- plication and satisfactory evidence of loss of a license plate or registration card issued hereunder, a new license plate or card, or both, shall be issued upon payment of a fee of 75¢. Sec. 8. Destruction of Frame or License. No person shall willfully or maliciously remove, destroy, mutilate or alter the frame number of am- bicycle licensed hereunder, or any license tag, plate, seal or other device or registration card as long as the licensing of the bicycle hereunder is in effect; provided, that nothim, herein shall be deemed to prohibit the Village Clerk or other went of the Vilia_e from stamping numbers on the frames of bicvles on v:hich no serial number can be found or on which said number is iil"ible or insufficient for purposes of identification. v Sec. 9. Impounding. A bicycle required to be licensed hereunder which has been IMPOunded under the provisions of Section 9 of Ordinance No. 141 shall be surrendered upon 251 payment of the license fee, an impounding fee of 50¢ and a storage fee of 10¢ for each day of storage after the first 24 hours. If the bicycle is not one required to be licensed hereunder, no fee shall be paid to the Village. Sec. 10. Conditions of License. Every license issued here- under shall be deemed to be granted subject to the following conditions: (a) No person shall ride or propel any bicycle upon any sidewalk in such a manner as to interfere with any pedestrian thereon; (b) No person shall ride or propel a bicycle upon a public street, highway or sidewalk except in a prudent and careful manner and unless such person shall be capable of efficient control and operation of the bicycle; nor shall any person propelling or operating a bicycle upon a public street, highway, or sidewalk carry or permit to be carried any other person upon such vehicle; (c) No bicycle shall be ridden faster than is reasonable and proper, but shall be operated with reasonable regard to the safety of the operator and other persons upon the streets and other public highways; (d) Persons riding bicycles shall observe all traffic signs and stop at all stop signs; (e) No bicycle shall be permitted on any street or other public highway between 30 minutes after sunset and 30 minutes before sunrise without a headlight visible from the front thereof for not less than 500 feet, indicating the approach or presence of the bicycle, firmly attached to such bicycle and properly lighted, nor without a red taillight, or in lieu thereof, a reflector attached to and visible from the rear of such bicycle for a distance of not less than 200 feet; (f) No person under the age of 16 years shall ride or propel such bicycle upon any street, highway or sidewalk abreast of any other person so riding or propelling a bicycle; and (g) Every person riding or propelling a bicycle upon any street, highway or sidewalk shall observe all traffic rules and regulations applicable thereto and shall turn only at inter- sections, signal for all turns, ride at the right -hand side of the street or highway, pass to the left when passing and overtaking vehicles that are slower moving, and pass to the right when meeting. Sec. 11. Application to Unlicensed Vehicles. The con- ditions and regulations prescribed in Section 10 above apply to all bicycles operated upon any public street, highway or sidewalk of this Village whether or not licensed hereunder. Sec. 12. Terms Defined. The term "bicycle" as used herein shall have its usual and accepted meaning, but shall not include any motorcycle or other vehicle to which a license is issued under the laws of the State of Minnesota. See. 13. Summary Revocation of License. ' The Chief of Police may, when notified of any violation of this ordinance, summarily order the suspension of a license issued hereunder for a period of time not to exceed 90 days. The licensee shall thereupon surrender the license plate and registration card i:u�Pri ender the sucnznded licence to the -Village Police Lice x at tx�.iiilitclii, to be reiiii�ic�i to iiit after cn},.r�.iv::; :lte period of suspension. 14. Penalty. Any person violating this ordinance shall be guilty of a misdemeanor, and subject to a fine of not exceed. v' ing $300 or imprisonment in the Village or County jail for a period of not exceeding 90 days, with costs of prosecution in either case to be added. Such penalty may be imposed in ad- r dition to revocation or suspension of license. 1 ti 252 �' R1c' >I'sS ili .SrE:,:�Yj T:J:ri'3S Pei�aiCi: ISMS- :i. ±' =4E LM4 PROVSES ine _- .cv._Cii-_ S •3 °..� 4:F C_aii Lri`�:Z2'L- *1'Dt3_'l;SfOR 1) says 9?�. r, S, SCii ri =;3."? !']. ^� S Y.tC: "�� o '._ b g?'.t�:! u i !7i Lhe �fghts and shale '+58 O "Zi ` y6,ut_as'ap), .._.-a7_e to ,:Li' C'. vch le pt as � 7 ,2C t0 i, ii:8 t1'3 G' _a.;Cz 2.CCN Special re—'t—Cations trd ''E:`��'_<a.t_Q::3 C'. +�L � :� i:Ct b1cy-c Ag t $ ^^,.on,- ill- Ile is forb! .''Jan to alter, deface, knock down any c`-ffic ;a= t_3».__'contro I d vice, ?a3_lroad Silo or 319Ma .. cab tz- ic,mS: St<c;djvisionr 2 : rayi -,Jes tiiac t e circlist must __de on or astride the' rcgslar permanent b=cycle seat: too". �sssenn�rs; No ni��cia seta? i be used to carry r�ra nasseagers than the member t^t w n i ch it is desi m-ad anal equipped. 'Nc,''iitchiM: Si,bd?":�$i ^veS ."'3 - Forbids a zyc1_'st, roller skater, coa3ter,,and others rides by haZ gin. ° onto tlis rear o .at.ler veF ?isles= R t A� :18ar r0 o = nr s:da or _.,,� rc2dwJay i3. Exe- rc':;2 fa_-E: C alre�..'2P. a ?'3 : >; a iitandi_r,; ve::r._: O-!, n- ii`",t?:er win-7 in t'he C. 1'7t more i.IV2i +_k':t 2;zc��pt t':3 qA :bv o: pnlrts `i: _ aGw3yo Sat clai3e 4 7'1• Y.1L �R�5, r-,IA .; f ;"r•o'�:_ie3Jl C'7i[s: i`� iFL �S 1,t1 /n •�+e�+2 11L�1. <,;t J%' is 5..,;.��n, d ti 1C tom, S_. i* �r'a Cam. .e :vide wtl._iC s g}.ving 'CC. .".:'�C3..,.__.t/F�:ry $'�C ?i. =7 -!ble 'Ag:1_s1 be' Cr-3 past -inn - Li_C;j C - -- .3:.i ,. not Carry anyt'hinlg ._._a .- - - - :eepi_ - - on.:� _Held an __ne .__"-.T: :'_? A. A re _ red :?f- e., �'_ v- 2 b.__ frog, a_± a t0,t'ie r .3Y 'Alen l i ec t5 y4 �n frs 3t:.. of- ti4'.�. _: '.i i"% uppc- be�,,m hiead, i ;C^ is of a moi c r Y f !T ti,!- \i�•f_'�• .. c:� Lf� G'O .�i�'ii L� J} S!" s'.l. -- + r_ _ 31 For [.�.flt =tl .:. use 1 :'T r:i_:£ ?'= °7:2Y_ .. g'ie !J:3iJ ? -° L3r X1!1 inai J8 :- ecl- id; .7,:- : `r ? , -a red 1 i ^y: i .e Win,;, _- e r i r_r - ���++;. :.RLL_•.s::i "=. 2, _ �: ._' -��._ V .3i:'u'_ >> = -- i=:3 tii2�i a_ 3 1 ��'�.5??'_Lgrdo C. t. b? :S LR c,:, 'ab, -`'s:_'[. 7 ��i° °• r S -S P m-a t 'f ?, d� . t.L' v:�?i.. i ::,etiC; X3_3 t1'A� _zi'�_, .2 ?i �.SV:..e:.°YtL _s t�I':� n ° ? 7zv! _.. act !,-33 than 9 `i iJ a ,tie c: .,.:'C�"i r S _=S`_-':,?L_ �nna . r ?Jt "RESPECT FOR LAW WPEX'PROCLAMATION WHEREAS, crime and its effect upon the lives and property of our citizens continued undiminished, despite efforts by-government, citizens' organiza- tions and many individuals; and WHEREAS., the problems of crime touch and affect all segments of our society undermining and eroding the moral and economic strength of our communities and their citizens; and WHEREAS, there is still a reluctance'on the part of many citizens to involve themselves in actions to insure the protection, rights and well -being of their fellow citizens; and WHEREAS,.Optimist clubs and their members continue to sponsor and support programs aimed at combatting crime and disrespect for law through year round-efforts; NOW, THEREFORE, BE IT RESOLVED that I, James Van Valkenburg, pooclaim. the week of May 1- 7,1975, as RESPECT FOR LAW WEEK, and ask all citizens of the City of Edina to join with the Optimists in carrying the message of respect for law to other citizens, and by example, exercise responsible citizenship. ADOPTED this.21st day of April, 1975. Mayor OPTIMIST INTERNATIONAL 4494 LINDELL BOULEVARD - ST. LOUIS, MISSOURI 63108 - 314 - 371 -6000 RALPH GLASSCOCK PRESIDENT - 1874/75 407 SOUTH WASHINGTON CLINTON. MO. 54735 Honorable Warren City. Hall Edina, Minnesota Dear Sir: April 1, 1975 Hyde, City Manager 55424 o��Misr �=j ®P As apart of Optimist International's continuing efforts to promote citizen awareness and participation in civic affairs, we sponsor an annual Respect For Law'Week. This program is conducted by our affiliated Optimist clubs in the United States and Canada during the week of May 1-7. Your assistance and cooperation are requested in the efforts taken to achieve widespread public observance of Respect For Law Week. We respectfully request you to issue a proclamation, or statement of support, designating May 1 -7, 1975, as Respect For Law Week. Enclosed is a suggested text for such a resolution. On behalf of the 120, 000 Optimists in 3, 200; communities throughout Canada and the United States, I invite you, through the issuance of a proclama- tion, to join Optimist International's efforts to bring about increased citizen respect for, and awareness of, respect for law. Sincerely, 1ph Glasscock resident Optimist International RG: s e SUGGESTED "RESPECT FOR LAW WEEK" PROCLAMATION WHEREAS, crime and ite :effect upon the lives and property of our citizens continues undiminished, despite efforts by government, citizens' organizations and many individuals, and WHEREAS, the problems of crime touch and affect all segments of our society undermining and eroding the moral and economic strength of our communities and their citizens, and WHEREAS, there is still a reluctance on the part of many citizens to involve themselves in actions to insure the protec- tion, rights and well -being of their fellow citizens, and WHEREAS, Optimist clubs and their members continue to spon- sor and support programs aimed at combatting crime and disrespect for law through year -round efforts; now therefore be it RESOLVED, that I, proclaim the week of Nay 1 -7, 1975, as RESPECT FOR LAW WEEK, and ask all citizens of to join with the Optimists in carrying the message of respect for law to other citizens, and by example, exercise responsible citizenship. Done at this day of in the year of our Lord, nineteen hundred and seventy five. Signed: Witness: 12r-,r April 3, 197 5 TO: Warren C. Hyde FROM: Tom Melena SUBJECT: Aerial Tower & Truck On March 27, 1975 bids were opened for the 22,000 G.V.W. cab & chassis truck and hydraulic power operated articulated aerial tower. The apparent low bid (Landco with the reachall — $19,537.89) does not meet our specifications in that the boom has a height of 50 ft. instead of 52 ft. It should also be noted that this bid would also require us to rebid for a truck, since this bid is for tower only. Therefore I would recommend bid award to Northwest Telelect (tower for $19,808.00, truck for $7,334.00) for a total of $27,142.00. However, it should be noted that Jerry wants this item held until the appropriate action is determined on the Park Capital Improvement Program. It seems that original funding was to come from Revenue Sharing and now with the possibility of the swimming pool coming out of Revenue Sharing this is not feasible unless something happens with the Capital Improvement Program. So this item has been requested to be held temporarily. CITY OF EDINA BID TABULATION 11:00 AM, MARCH 27, 1975 FIRM 22,000 POUND GVW CAB AND CHASSIS BASE BID HYDRAULIC POWER OPERATED ARTICULATED AERIAL TOWER BASE BID TOTAL COST OF BOTH Landco, Inc. $19,537.89 RMS Road Machinery & Supplies $28,750.00 Charles Olson 8 Sons 26,060.00 Northwest Tel - a -Lect - $7,334.00 19,808.00 $27,142.00 -- N -sue i r— AFFIDAVIT OF PUBLICATION OF NOTICE IN THE "CONSTRUCTION BULLETIN" STATE OF MINNESOTA, County of Hennepin for A. Wicke, being first duly .wont, on oath say's that he is and during all times herein stated has been the publisher of the trade journal known as "Construc- tion Bulletin ". and has full knowledge of the facts herein stated as follows: 1. Said journal is printed in the English language in magazine format. 2. Said journal is a weekly publication and is distributed at least once each week. 3. Said journal has fifty percent (50 %) of its new columns devoted to 2CHAASSIS,UHYDR U`LICCPOWER building and construction news of interest to contractors in this state and does OPERATED ARTICULATED not wholly duplicate any other publication and is tint -inade hip entirely of patents, AERIAL TOWER — BIDS CLOSE MAR. 27 plate matter and advertisements. Edina, Minn. ADVERTISEMENT FOR BIDS — SEALED BIDS will be received and 4. Said journal contains general and local ne=ws, shall contain building and opened in the Council Chambers, di construction news of interest to contractors. onhong 7choiii it shall have a general West at 11:00 a. m., Thursday, March 27, 1975, circulation. and the Edina City Council will meet at 7:00 P. m., Monday, April 7, 1975, .5. Said journal has a general circulation throughout the states among con- at the City Hall to consider bids be- ing for the following: tractors with at least t- wen,t.y -five hifndred (2500) copies regularly delivered .to One (1) 22,000 Pound G.V.W. Cab and Chassis paying subscribers. One (1) Hydraulic Power Operated 6. Said journal is circulated throughout the state of Minnesota as well as I Articulated Aerial Tower Bids shall be in a sealed envelope with a statement thereon showing the the states of North Dakota and South Dakota and has its known office of issue items covered by the bid. Bids should be addressed to the City Clerk, City in the City of Minneapolis, County of Hennepin, established and'open during its Edina, 4554 W. 50th Street, Edina, regular business hours for the gathering of stews, sale of advertisements, and sale j M Minnesota, 55424, and may be mailed or submitted personally to the City of subscriptions and maintained by the publisher and persons in his employ and � Clerk. Bids either throu received by the city Clerk, h the mail or by personal subject to his direction control during all regular business h 1 on an con g re g ness ours, submission, after the time set for receiving them may be returned un- opened. 7. Said journal files a copy of each issue with the State Historical Society. Bids must be in conformance with specifications which are available at the Edina City Hall. No bids will be Af fiant further states under oath that the printed advertiseitient for bids hereto considered unless sealed and panied by cash deposit, bid bond and or or certified check payable to the City of attached as a part hereof was cut fronn the columns of said journal, and was Edina in the amount of at least ten (10) percent of the amount of net bid. I Printed and published therein in the English language, once each zveek for. .2..... The City Council reserves the right to reject any or all bids or any part of any bid. BY ORDER OF THE successive weeks, that it was first so publisher! on Friday the ..7.th... day EDINA CITY COUNCIL FLORENCE B. HALLBERG City Clerk of ..March.........., 19.75... and 7c'as thereafter printed and published on every Friday to and including the . 114th...: day of March .......... 19.7-5. and that the following is a printed copy of the lower case alphabet front A to Z. both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice. to -wit: abcdef gh i j klm n opq retuvwzy z Subscribed and sworn to before nic this ..27th...... day of ..March ......... 19-75-. .. h.. ......... .......................... :rotary Public, Hennepin County, klinn.- My commission expires ......................I X AAAAAAAA' AiXAAAAA � AA93 C. NELSON NOTARY PUBLIC • MINNESOTA HENNEPIN COUNTY Commission Expires tiny 5, 1980. X ��'�f'tl9'�J�i�'�i'i9%•r j� AFFIDAVIT OF PUBLICATION OF NOTICE IN THE "CONSTRUCTION BULLETIN" STATE OF MINNESOTA, County of Hennepin Joe A. Wicke, being first dull! sworn, on oath sags that he is and during all times herein stated has been the publisher of the trade journal known as "Construc- tion Bulletin ", and has full knowledge of the facts herein stated as follows: 1. Said journal is printed in the English language in magazine format. 2. Said journal is a weekly publication and is distributed at least once each week. every Friday to and including the . 14th.... day of .Marph .......... 19.35 and that the following is a printed cope, of the lower case alphabet front A to Z. both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice. to -wit. abcdefghijklm noparetuvwsyz Subscribed and sworn to before nic this �.o27th .... , day of ..Ma- rch........... 19..75 ................ ............................... Alotar>,, Public, Hennepin County, Minn. My commission expires .....................:.. tt C. NELSON is NOTARY FUBLIC . MiNNESOTA HENNEPIN COUNTY My Commission Expires July 5, 1980.1 x dv�nrv�►wit 2,000 POUND G.V.W. CAB AND 3. Said journal has fifty percent (50 %) of its news columns devoted to I CHASSIS, HYDRAULIC POWER building and construction news of interest to contractors in this state and does OPERATED ARTICULATED AERIAL TOWER — not p wholly duplicate any other publication and is not -mae up end entirely of patents, 7 BIDS CLOSE MAR. 21 plate matter and advertisements. Edinn, Minn. ADVERTISEMENT FOR BIDS— SEALED BIDS will be received and 4. Said journal contains general and local ne-zes shall contain building and i opened in the Council Chambers, Edina City Hall, 4801 West 50th Street, at construction news of interest to contractors, among whoin it shall have a general 11:00a. m. Thursday, March 27, 1975, and the Edina City Council will meet circulation. at 7:00 p. m., Monday, April 7, 1975, at the City Hall to consider bids be- y. Said journal has a general circulation throughout the states among con- tug One (1) 22,000 following: Pound G.V.W. Cab tractors zcith at least tzcenti -five hundred (2500) copies regularly delivered to Chassis paying subscribers. One Hydraulic Power Operated (1) Articulated Aerial Tower Bids shall be in a sealed envelope 6. Said journal is circulated throughout the state of Minnesota as well as i with a statement thereon showing the items the states of North Dakota and South Dakota and has its known office of issue covered by the bid. Bids should be addressed to the City Clerk, City in the City of Minneapolis, County of Hennepin, established and open during its of Edina, 4801 W. 50th Street, Edina, Minnesota, 55424, and may be mailed regular business hours for the gathering of news, sale of advertisements and sale l submitted personally to the City Clerk. Bids � of subscriptions and maintained by the publisher and persons in his' and received by the City Clerk, either through the mail or by personal subject to his direction and control during all regular business hours. submission, after the time set for receiving them may be returned un- opened. 7. Said journal files a copy of each issue u th the State Historical Society. Bids must be in conformance with specifications which are available at the Edina City Hall. No bids will be Af fiant further states under oath that the printed advertisement for bids hereto considered unless sealed and accom- panied by cash deposit, bid bond or certified check payable to the City of attached as a part hereof was cut from the coluntits of said journal, and was Edina in the amount of at least ten (10) percent of the amount of net bid. The City Council reserves the right printed and published therein in the English language, once each week for... 2... , to reject any or all bids or any part of any bid. BY ORDER OF THE successive weeks, that it was first so published on Friday the ..7th..: day EDTNA CITY COUNCIL FLORENCE B. HALLBERG City Clerk of • -March .... • . • • • •, 19.. 75. , and zc�as thcreofter printed and published on - every Friday to and including the . 14th.... day of .Marph .......... 19.35 and that the following is a printed cope, of the lower case alphabet front A to Z. both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice. to -wit. abcdefghijklm noparetuvwsyz Subscribed and sworn to before nic this �.o27th .... , day of ..Ma- rch........... 19..75 ................ ............................... Alotar>,, Public, Hennepin County, Minn. My commission expires .....................:.. tt C. NELSON is NOTARY FUBLIC . MiNNESOTA HENNEPIN COUNTY My Commission Expires July 5, 1980.1 x dv�nrv�►wit CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 ADVERTISEMENT FOR BIDS 22,000 POUND G.V.W. CAB AND CHASS'I'S' HYDRAULIC POWER OPERATED ARTICULATED AERIAL TOWER BIDS CLOSE MARCH 27, 1975 SEALED BIDS will be received and opened in the Council Chambers, Edina City, Hal,-],, 4801 West.50th Street, at 11:00 a. in. , Thursday March 27, 1975, and the Edina City Council will -meet at 7:00 p.m., Monday, April 7, 197-5, at the,City Hall to consider bids being for the following: One (1) 22,000 Pound. G.V.W. Car.. and Chassis 'One (1) Hydraulic Power Operated Articulated Aerial Tower Bids shall be in a sealed envelope with a statement thereon showing the items covered by'the bid. Bids should be. addressed to the City Clerk, -Clay of Edina, 4301 W. 50th Street, Edina, Minnesota, 55424.,. and.may be, maifed'or submitted personally to the City Clerk. Bids received,by the City Clerk, either through the mail or by personal submission, after the time set for receiving them may be returned unopened. Bids must be in conformance with specifications which are available at the Edina City Hall. No.bids will be considered unless sealed and accom- pan-i;ed by cash .:depos it, b i d bond or certified check payable to the !C-i -ty -of Edina in the arnount of at least ten (10) percent of amount of net bid. The City Council reserves the right to reject any or all bids or any part. .of any bid. BY ORDER OF THE ED114A CITY COUNCIL. Florence -B. Hallberg City Clerk Please publish in the Edina.Sun on March 6, 1975. Please send us two Affidavits of Publication.. CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 ADVERTISEME14T FOR BIDS 22,000 POUND G.V.W. CAB AND CHASSIS HYDRAULIC POWER OPERATED ARTICULATED AERIAL TOWER BIDS CLOSE MARCH 27, 1975 SEALED BIDS will be received and opened in the Council Chambers, Edina City Hall, 4801 West 50th Street, at 11:00 a.m., Thursday, March 27, 1975, and the Edina City Council will meet at 7:00 p.m., Monday, April 7, 1975, at the City Hall to consider bids being for the following: One (1) 22,000 Pound G.V.W. Car and Chassis One (1) Hydraulic Power Operated Articulated Aerial Tower Bids shall be in a sealed envelope with a statement thereon showing the items covered by the bid. Bids should be addressed to the City Clerk, City of Edina, 4301 W. 50th Street, Edina, Minnesota, 55424, and may be mailed or submitted personally to the City Clerk. Bids received by the City Clerk, either through the mail or by personal submission, after the time set for receiving them may be returned unopened. Bids must be in conformance with specifications which are available at the Edina City Hall. No bids will be considered unless sealed and accom- panied by cash deposit, bid bond or certified check payable to the City of Edina in the amount of at least ten (10) percent of amount of net bid. The City Council reserves the right to reject any or all bids or any part of any bid. BY ORDER OF THE EDINA CITY COUNCIL. Florence B. Hallberg City Clerk Please Publish in the Construction Bulletin on March 6 and 13, 1975. Please send us 'Pao Affidavits of Publication. (Official Publication) - ` CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 ADVERTISEMENT FORBIDS 22,000 POUND G.V.W. CAB AND CHASSIS' HYDRAULIC POWER OPERATED ARTICULATED AERIAL TOWER. BiDS CLOSE MARCH 27, 1975 t SEALED BiDS will be received and opened in the Council Chambers, Edina City Hall, 4801 West 50th Street,, 11:00,a.m., Thursday, March' 27', 1975' and the Edina City Council will .meet at.7:00 p m.; Mon- day, April 7, 1975, at the City Hall to consider bids being for the following: One (1122,000 Pound G.V.W. Car, and Chassis One (11 Hydraulic Power..Oper ated Articulated Aerial Tower Bids shall be in a sealed enveloppee. with a statement thereon showing the items covered by the bid. Bids should be addressed to the City Clerk, City of Edina, 4801 W. 50th Street, Edina; Minnesota, 55424, and may be mailed -or submitted_ personally to the City Clerk. Bids received by the City Clerk, either through the.mail or by personal submigsion, after the time set for receivingg them may be re- turned tmopened. Bids must be in conformance with specifications which are available at the Edina City Hall. No bids will be considered unless sealed and accom- panied by cash deposit, bid bond or certified' check payable to the City of- UN NEWSPAPERS DAVIT OF PUBLICATION DINA SUN ss. Bloomington, Minnesota Edina in the amount of at least ten illy sworn, on oath says he is and during all times here stated has (101perccntofamountofnetbid.The i printer of the newspaper known as The Edina Sun and has full City Council reserves the right to re- in stated as follows: (1) Said newspaper has 50% of its news columns ject any or all bids or any part of any bid. Iterest to the community which it purports to serve and does not BY ORDER OFTHE.EDiNACITY iublication and is not made up entirely of patents, plate matter and COUNCIL. vspaper is circulated in and near the municipality which it purports FLORENCE Ii. HALLBERG opies regularly delivered to paying subscribers, has an average of .City Clerk 'nulation current) (March 6, 19751 ED -2A - Y paid or no more than three months in arrears iss matter in its local post- office. (5) Said newspaper purports to serve the City of Edina in the County of Hennepin and it has its known office of issue in the City of Bloomington in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours to the business of the newspaper and business related thereto. (6) Said newspaper files a copy of each issue immediately with the State, Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (6) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed Advertisement for aids hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for One successive weeks; that it was first so published on Thurs the 6 day of March 19 75 and was thereafter printed and published on every to and including the day of , 19- and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to -wit: abcdefghi j klmnopgrstuvwxyz a be d e f R h ij k l m n opq rs to vwzy z Subscribed and sworn to before me this 6 day of March , Ig?5 (Notarial- Seal) ' o�a4a 'y Murlef,L. Quist, Notary Pfiblic, Hennepin County, Minn. My Commission Expires July 28th, 1978 (Official Publication', CiTY OF EDiNA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 - S ADVERTISEMENT FORBIDS •; 22,000 POUNDiG.LV.W. CAB AND CHASSIS HYDRAULIC POWER OPERATED ARTICULATED AERIAL TOWER BIDS CLOSE MARCH 27, 1975 SEALED BiDS will be received and 6pened in the Council Chambers, Edina City Hall, 4801, West 50th ' Street, at 11:00, a.m., Thursday, March 27, 1975, and the Edina City Council will meet at 7:00 p1n- ,,Mon-•, day, April 7, 1975, at the City Hall to consider bids being for the following;. , One (1) UAW Pound G.V.W. Car_ and Chassis i One. (11 Hydraulic' Power Oper- ated Artictilated Aerial Tower Bids shall be in a sealed envelope with a statement thereon shoveling the itetnicovered by the bid. Bids should be addressed to the City Clerk; City of Edina, ' 4801 W.-50th Street; Edina, Minnesota, 55424, and maybe mailed oi.siibmitied personally to the. City , Clerk ;' -Bids reciWed,by the City =Cl&k,_elther throtigh,the,n'a(l or by personal stibmission, after thbe re sefJor ;reeeiving'.them may , turnedt`tnopened.,. Y..... , w%A. meat he in conforman&with. the Edina City Hall., rVo Dios Will uc consider-- unless sealed and accom, panied by'cash deposit, bid -bond or certified checkpayable,to the City of Edina in the amount of at least. ten (10' percent of amount of net bid. The City Council reserves the right to re- ject any or all bids or, any part of any bid. "� , BY ORDER OF THEEDiNA CiTY COUNCIL. FLORENCE B °HALLBERG .. ,..;,,City. Clerk (March 6, 197p EI 2A- -` 4mo J;V�p SUN _NE �VSPAPEItS AFFIDAVIT OF PUBLICATION EDINA SUN 6601 W. 78th St. Bloomington, Minnesota State of Minnesota Ss. County of Hennepin J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known as The Edina Sun and has full knowledge of the facts herein stated as follows: (1),Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 % of its total circulation currently paid or no more than three, months in arrears and has entry as second -class matter in its local post- office. (5) Said newspaper purports to serve the City of Edina in the County of Hennepin and it has its known office of issue in the City of Bloomington in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours to the business of the newspaper and business related thereto. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed Advertisement for Bids hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English languag8, once each week, for OA6 successive weeks; that it was first so published on ThUPe the 6 day of KIrCZI - ' , 19-75 and was thereafter printed and published on every to and including the day of 19 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to -wit: abcdefghij klmnopgrstuvwxyz abcdefghi jklmnopgrstuvwxyz Subscribed and sworn to before me this 6 day of Kmcb . 19-75 (Notarial Seal) _ I_%,- V. Ak __ -.,A C�1� Muri 1 L. Quist, Notary Rfiblic, Hennepin County, Minn. My Commission Expires July 28th, 1978 (Official Publication) CITY OF EDINA 4801 W. SOTH STREET EDINA, MINNESOTA 55424 ADVERTISEMENT FOR BIDS 22,000 POUND.GN.W. CAB` • AND CHASSIS HYDRAULIC POWER OPERATED ARTICVI.ATED AERIAL'TOWER ,BIDS CLOSE MARCH 27,1875 SEAS. BIDS "`will be received ihd-4pebi6 the Council Chambers, Eaa .City ,Hall;. 4801- West 50th • StrA1_ 11:00 a m., Thursday; Maro 274 1975; a O the Ediha City Cotinctl Will meet at 7:00p ,m o ,.Mn- 2; .1976, att4 Ciy 1a11 to. , 4y± Pile No. Affidavit of Publication 0 EDINA SUN Edina, Minnesota In The Matter Of Mayor James VanValkenburg Council Members 4801 W. 50th St. Edina Dear Sirs; April 4, 1975 The M7U presently serves residents of your community who request our help in resolving tenant /landlord situations. Our experience with thousands of tenants has made us familiar with the types of situations which are creating.problems in rental housing. Enclosed is a description of the services the M.217 provides; to illustrate how they are presently used by tenants, a summary breakdown of February callers and walk -in clients.is as follows: all suburbs Mpls. ? total % evictions 46 74 22 142 13 notice 24 29 .4 57 5 repairs 104 -175 24 303 27 info harassment/ 25 39 23 87 8 discrimination 5 41 6 52 5 50 61 24 135 12 damage deposit 61 30 18 109 9 Leases 43 79 15 137. 12 rent. questions rent increases: 26 44 8 78 9 4 14 4 22 1 utilities 388 586 148 1122 100 D. �L n e M7V was formed in late 1968 by staff of.the OEO funded Citizens Community Centers. The initial activities focused on distrib- ution of tenants rights information, state legislative activity and bringing rental housing problems into the public consciousness. Zhe tremendous increase in rental housing units, the economics involved, and a growing.consumer awareness have created a strong need for tenant assistance services. The consumers of rental housing need a great deal of information to enable.them to cope with the constractual arrangement which brovides their home. Unfortunately, their home is also vulnerable to a variety of physical problems which they are unable to fix themselves. We have developed information and expertise.in dealing with the problems in landlord - tenant relationships, and the demand for services has grown astronomically. We have been funded in the past by VISTA, foundations, church groups, donations, memberships, and in -kind con- tributions. The responsibility for providing comprehensive information services for tenants has been recognized by the.city of Minneapolis, initially through the.Model Cities program, and after July, 1975 from CDRS funds. 1513 E. FRANKLIN P. O. BOX 8461 LAKE STREET STATION MPLS., MN. 55404 871.2701 or 871.7485 (2) We feel very_ strongly that it is unfair to allow Minneapolis. to fund services for non -city residents. Therefore, we would like to bring to your attention a means for,continuing to serve the needs of your residents. We feel that the contract for services outlined here is the best possible solution to the problem of providing tenant assistance services. At the end of the year, a decision should be made as to whether it is desirable or necessary to provide some or all of these services at an individual, municipal level. So acccmplish a dual go.a1: ameliorating rental housing problems at a mass level and providing, quality service to each individual client; one agency is at this point more effective, and far less expensive. Zhe material enclosed is intended to provide some basic information and a starting point for discussion. the would appreciate the opportunity to talk with you, ideally during the month of April; please call me at 871 -2701 to arrange a meeting. Thank you for your attention. Sincerely, Lisa Kugler co- director ENC: description of services staffing, budget board of directors proposed contract for services --------------------- - - - - -S E R V I C E 5-------------------- - - - - -- I. INDIVIDUAL SERVICES 1) information Phone and vialkin services are provided to inform tenants and landlords of their rights and responsibilities in the landlord- tenant relation- ship. Clients are advised of the applicat;le state laws, city ordinances, court procedures and the proper process for dealing with their sit- uation. The most common protlem areas include leases, damage deposits, maintenance of the dwelling unit, notice prior to-moving., eviction, rent raises, public utilities and court appearances. In a typical month, the Tenants Union handles 0-00- 1,OOO.such requests for assistance. 2) advocacy In situations that are particularly difficult or there a client has a particular hardship such that he cannot represent himself adequately, staff will represent the tenant in his efforts to remedy the problem. These instances usually include negotiations i�ith the landlord, city. agencies, utilities, county welfare or preparation for court appearances. 3) referral The Tenants Union provides information about and referral to numerous agencies.i4hose functions are needed ty tenants and landlords. The most common referrals are for legal advice and attorney services, housing inspections, conciliation courts, sources for finding a place to live, emergency assistance and social service agencies. Files are kept on current phone numbers, Lours, addresses,procedures and costs. II. COMMUNITY SERVICES 1) ,publications In an effort to better inform the renting public of their rights, responsibilities, and potential prollems, the Tenants Union has several I I publications. If You Pay Rent, You've Got Rights To.o is a handbook, forthcoming in its sixth printing, xhich explains the rights of tenants and tihat can be done to enforce these rights. A monthly neU.�sletter is designed to inform the community of i -h a.t the MTU is doing, and of new. developments in tenant's "rights and programs relating to housing. Other information sheets are published on specific topics as the need arises. 2) speakers.bureau Staff is available to discuss tenant - 'landlord contracts and problem solving with all interested groups. In the.past, these appearances have - included neighborhood groups, tenants . groups, community fairs, public schools-and area colleges. 3) staff training Staff provides information and training sessions for the staff of or- ganizations chose work. involves contacts with tenants. T111 -ough .develop - ing a network of informed staff people, information is made availal-le -to tenants i%ho ikould otherwise 1-e unaware of their rights and ol,ligations until a problem situation had developed. 4) resource /media The MTU plays an important role as a knowledgeable source of information 4) resource /media The MTU plays an important role as a most knowledgeable source of information at.out tenant- landlord relationships for the Mpls. metro area. Information is provided to the media for features, public service air time and consumer affairs services. MTU also serves as a referral source for numerous other agencies, community groups and individuals vho utilize staff, publications, files and information materials about programs and developments in housing in the area. 5) community outreach The purpose of this program is to generate . awareness and information about tenant - landlord problems and their solution through a concentrated effort within specific geographic areas. Neigh torhood meetings are organized, utilizing existing community organizations, which deal with- concerns s,hich are.particular to or concentrated in those areas. The Indian Advocate program is a part of this effort, and involves th provision of training, technical assistance and office space in support of two Indian advocates vho work primarily on the southside of Mpls . They are providing advocacy services and disseminating information through contacts with residents and owners within the native american community. III.DATA & RESEARCH 1) follow up Contacts are made with approximately 25% of clients who have requested. assistance in order to evaluate the usefulness and impact of services provided. 2) monthly reports Statistics gathered from client contacts are compiled monthly to note trends and pick up problem areas. 3) court monitering The Lawyers Guild and the NITU are coordinating a court monitering project with the goal of compiling one years data on the administration of tenant- landlord law within the tvo special sessions that tenants are most involved with,- conciliation court and unlawful detainer (eviction) proceedings. Information gathered on a case ly case basis will be tabulated and evaluated, and the report made availalle to judges,, referees, legislators and other interested persons. 4) special research projects Research on topics tihich are necessary for a clear understanding of problems and as an aid to the provision. of equality services is provided as deemed necessary. ZZ - i���i�I��� "a� TEN ANTS DRAFT: proposed contract for services contract period: 711175 - 711176 Services to be rendered: 1) Individual services (as described in I) to be provided on an on going basis, minimum 46 hours per week. 2) Community services (as described in II) to be provided as follows. a. Handbook, newsletter, publications to be distributed as widely as possible. b. Development of additional material to be made available to Present and prospective tenants giving basic information about housing and services available within the area. c. Speakers and staff training available by request.of appropriate group; staff will also contact groups where such services may be appropriate. d. Community outreach program to be developed cooperatively by city staff and MZU; specific program to be worked out by Sept. I, 1975. 3) Data & research services to be provided as follows. a. monthly activity report including statistics on type of proble, problem resolution, building and owner characteristics, client characteristics, utilization of housing inspections, and description Of community outreach activities. b.. Yearly report and problem analysis. c. research projects when necessary, also studies if requested. Reimbursement Based on the average number of clients, the yearly requested fee for the services described above is $1,0(03 1513 E. FRANKLIN P. O. BOX 8461 LAKE STREET STATION MPLS., MN. 55404 871.2701 or 871.7485 TENANTS l� 1;;,��;ll �'�I,:I r ii(r�I << =;��� dill Minnesota Tenants Union, Inc., is a non - profit corporation under Chapter 317 of the Minnesota Statutes. The MTU is governed ty a Board of Directors having the following mem bers : Chair: Judith Beust secretary: Bryan Peterson treasurer: Roger Hankey directors: David Feehan Susan Taylor Lester Galt Andrea Rutenstein Charles Warner Earl T. Netwal Linda Berglin Staffing: one coordinator three full time advocates two part time advocates one part time bookkeeper two part time Indian advocates 20 volunteers on stipend ($5 /shift) Budget: 1975%76 Personnel (fringe,travel,consultant inc.) $56,000 Space (rent,utilities) 8,000 Equipment (and consumable supplies) 2,000 Other (postage,printing,insurance) 3,000 $69,000 TOTAL 1513 E. FRANKLIN P. O. BOX 8461 LAKE STREET STATION MPLS., MN. 55404 871.2701 or 871.7485 7735 Xerxes Avenue South Richfield, MN 55423 April 10, 1975 City Council of Edina 4801 W 50 St, Edina, MN Dear City Council: On your recent addition - leading to Southdale, there is an intersection that everyone.seems to be having trouble with. The intersection, 76th & York, seems to be the worst intersection I know of Everyday I wait for the cars that enter the intersection . first to go, and the minute I start turning left, somebody tears off nearly hitting me straight on. This happens around 4:00 p.m. to 5 :00 p.m. almost everyday. It has happened tome and many other people I know of. I was just wondering, is Edina waiting for an accident in order to put up a stop light? Sincerely yours, Denise Iser d �3 BOARD OF COUNTY COMMISSIONERS 2400 Government Center Minneapolis, Minnesota 55487 April 16, 1975 Warren C. Hyde 4801 W. 50th St. Edina, Mn. 55424 Dear Mr. Hyde: Z- THOMAS L. OLSON Commissioner 348 -3087 In the past several weeks, there has been much discussion and cmcern among municipal and county officials in two key areas: • Mumicipal - Coumty relationships in the implementation of the Cammmity Study Group recant ndations for the organization of public health services and the proposed community health services legislation. • Possibility of future allocation of CETA funds to municipalities for use in Public Service Emergency Employment. We would like to invite you to a meeting an Tuesday evening, April 22 from 7:30 to 9:30 p.m. to discuss these areas. The meeting will be held in the Council Chatbers, St. Louis Park City Hall, 5005 Minnetonka Boulevard. Following a brief presentation, the meeting will be open for discussion. We are also sending a copy of this letter to the mayor of your municipality. Because we are especially aware of and sensitive to your concerns, we are hopeful that this meeting will result in positive, constructive interaction. Thomas L. Olson Chairman, Health and Social Services Committee TO/lanr cc: James VanValkenburg Hennepin County = == Hennepin County Is an Afflmiative Action ,employer. J RESOLUTION NO. RESOLUTION] OPPOSING HOUSE FILE 645 REGARDING ESTABLISHING COMMUNITY HEALTH SERVICES: WHEREAS, the City of Crystal has had a local health program since 1965, and has devoted several hundreds of thousands of dollars into the program, and has continued to expand and develop the program since its beginning; and WHEREAS, the City of Crystal has shown foresight in the establishment of a Joint Powers Health agency with the cities of Brooklyn Center and Brooklyn Park to coordinate activities and improve cooperation between municipalities; and WHEREAS, H. F. 645 would establish a statutory procedure for the formation of a County Health Agency which could absorb or govern our joint powers program without municipal representation, and WHEREAS, H. F. 645 mandates the establishment of an independent Health Board and Advisory Health Council which is inappropriate to the governmental structure of the participating cities, and WHEREAS, H. F. 645 would allow for the infringement upon statutory housing and redevelopment authorities and advisory committees related to public health, environmental health, and housing, and WHEREAS, H. F. 645 could substantially increase the per capita cost charged for service without providing a proportional, measurable increase in services actually provided to the city, and WHEREAS, the City would not be able to clearly direct the continued development and control of its program, -2- WHEREAS, the intent of the act is to deal with sparsely populated, outstate counties, and not for the complex, populated counties of Hennepin and Ramsey, and the communities contained therein; NOW, THEREFORE, BE IT RESOLVED By the City Council of the City of Crystal: 1. To oppose H. F. 645 to the extent that it would prohibit the City of Crystal from continuing a municipal health program which it has developed, and to urge that amendments be made to H. F. 645 to insure the continued existence and local municipal control of health programs in a community or group of .communities with an aggregate population of at least 45,000 persons. 2. To direct that copies of this resolution be transmitted to the Governor of the State of Minnesota, to members of the State Legislature representing the City of Crystal, to the authors of H. F. 645, to the members of the House Appropriations Committee, and to the Commissioner of Health of the State of Minnesota. 4 .1 ``✓,i yl Condominium Apartments and Private Racquet Club April 14, '1975 Edina City Council 4801 West 50th Street Edina, Minnesota. 55424 Gentlemen: Crosstown at County Road 18 Edina, Minnesota 55436 Re: Krahl Hill I `rl Management Office Telephone .612 933 5753 On April 10, 1975, the Edina Sun printed a letter to the editor from Mr. Dick Seaberg, President, Viking Hills Homeowners' Assoc- iation, 6108 Arctic Wa.y,,Edina. Mr. Seaberg's letter commented on the April 3rd editorial of the Edina Sun entitled "Community's Choice or Court's Command ?" Inasmuch as our firm is both the developer of Edina West Condominiums and the applicant- /petitioner in the pending zoning action involving Krahl Hill, it would seem necessary and proper for me at this time to respond to Mr. Seabe.;`s .letter. However, in my opinion, nothing would be accomplished by further debating the issue via the public press or by, as Mr. Seaberg's letter states, rightfully or not, subjecting the Council to "harrassment by an uninformed editor." Therefore, I have ct:o:en Lo address this letter to the City, Council as a whole, with copies sent directly to all Council members, the Mayor, and to Mr. Seaber .. This should not be construed by anyone as an attempt on my part �o keep the contents of this letter unavailable to the public. A review of the history of the site known as the Krahl Hill is useful in order to put the issue into perspective. Karl Krahl, [rom whom we are purchasing the land, has made numerous proposals over the past several years in -an- effort to rezone the property 'co multiple use. Our firm became involved during November or December, 1973; however, prior to our involvement Mr. Krahl worked through or with other developers and /or architects. Our decision to become. involved was, of course, primarily profit motivated. But we also had deep concern as the developer of a. neighboring site that M. Krahl, after being frustrated in his past efforts to rezone, as a last resort was proceeding with a single family development. We and still do feel, "that there is a much more acceptable alternan -ve :and,. on this premise, .set out to develop a plan that .would accorip'._i -s;: Chis objective. In our opinion and apparently ir, the opinion aA Edina Planning Staff, Planning Commission and the Environmental Bo: -rd., all of whom later approved our multiple use plan, the single fa,:.iay Plan would virtually destroy this unique hill along with most of its gees. Page 2 An examination of the records.over the past few years reveals that", in my opinion, some of 'the prior proposals were not good a-nd rejection was warranted. However,.an examination would also reveal that all submissions, no mutter how good or bad, were summa-ri..ly rejected by the Viking Hills homeowners' Association for the obvious and stated reason that the group- simply opposes zauitiule zoiiiiigg of any kind They steadfastly refuse to consider any specific proposes on its merits, without 'evaluation and regard for the design qu,,-Iirtlies, density, ecology, site preservation and other applicable cons.d�.rut�ons. Lather, the group, in very broad and general terms, chooses to sprc,c of traffic, congestion,, schools, public safety, fire protection, property values, ecology and etc. The honest and hard cold fact is that any form of multiple, -,r.o matter how good or outstandiiig, and no matter how low the density, would not be acceptable to the hood group. group. Mr. Seaberg publicly and u=nequivocally attested to this at an open Council meeting 1ast.year. Moreover, the public record would show that Mr. Seab.erg, re.preseuting the Homeowners.' Associ�':-con, stated that his group would prefer single family development over any multiple use regardless of the consequences in terms of site destruction, removal of trees and the greater extent of cut aiLa L1 of the hill that would be necessitated by single family developier. However, he is now. suggesting in his letter that density was and is the only issue. Would any type of development, including single family houses, be acceptable to the 'group? Early in the year, 1974, after it appeared that we would be unable to proceed with a zoning application be- cause of a technicality in the law, Mr. Krahl again proceeded c -a his own with the single family developaLent. Single family pla; had previously been submitted and were approved by tile: Planning Commission, the Environmental Board and by the Council. As .ie 117e 1; forth with tree removal and preparation for the cutting in of a road, and, presumably, even though.he was within his legal rights to so, many neighbors, some of whom were representatives of the As=sociation, protested loudly.to him as well as to various puullc officials. Complaints and protests were made in person, by tel- ephone and through the mails. They charged, among other things, that Krahl would be destroying.the hill, that trees were being cut down, that certain ordinances.were being violated-' and, final_iy, that ICrahl was being insensitive by not preserving the hill in :i.cs natural state as a unique neighborhood landmark. Neighborhood pressure prevailed and Mr. Krahl, at the request of the Mayor, asked not to proceed, pending further hearings and /or.meetings: A reasoned conclusion would be that the group does not want mult:ipi_` --- and it does not want single, far..-iily. What it wants, and has aiwa—ys wanted, is for the land to be left untouched in its natural state and not be developed for any'-purpose. Shortly after Mr. Krahl agreed, at least temporarily, to refra_i from further proceeding with his single family development, the City Council held a public hearing and by affirmative vote, rescinded ].cs earlier and, insofar as our firm is concerned, initial action and allowed the Planning Commission to receive and consider plans ri: ;( to hold hearings relative to rezoning the Krahl property. l Page 3 Both Mr. Krahl and our firm were invited to develop and sub'-tit a plan within the earliest possible tir,,e. We sincerely believe: Lzu, tiro plan which we ultimately sub "witted (approximately 9 units t_o acre and provision for two underground parking stalls per unit) far superior to any of the Other previous proposals. Most u:pO "mil ly, we demonstrated that our plan would preserve and leave un:- oucie,l << greater number Of trees., that there would be less grade and contour changes and, finally, a higher hill top elevation would ;e maintained than any other plan heretofore considered, inc .l ucl. i" :he single family development plan.--.As a point of comparison, demonstrated during the public ne ' -n arigs . that the condominiulll c,,oua_d leave 63.9% of the site virtually undisturbed, whereas t "i single family proposal would leave as undisturbed only 39.8% of 'C1)c site. The planning staff concurred and reco-i-,imended approval_; t'-,e Edina Environmental Board concurred and recommendeL ap»rOVul.', Isdina Planning Commission concurred and recommended approval,- the Edina City Council, for whatever reason, rejected the plan. :C... IS unfortunate, and I wish it was otherwise, but it See- matter necessarily will have to be resolved in tae courts . C0.,.t to Mr. Seaberg's comment we joined :sir. Krahl in bringing leg; L. for the sole purpose.of rectifying what we feel was an erroneous decision on the part of the Council and not for the purpose of harrassment. It hardly seems reasonable that any individual should be expectcc!. to preserve land for the benefit and pleasure of the neighbohooc while being burdened with the responsibility for paying taxes. Lhe final public hearing on this matter, the neighborhood group Vl.gs finally told.by the City Council that it was necessary 'for then; to accept the premise that Krahl had a right to develop his land and ghat something could be built,whether it be single family or In my opinion, the group always has and to this day seems to re:,.ect a proprietory attitude. This is indicated in Mr. Seaberg's iet,cr wherein he states "The possibility that the Hill may have archeo_og- ical value and Indian burial mounds makes it a candidate for o)e�� space but, in my opinion, the 'developer fraternity' won't let t'r,is happen." The underlying issue of best possible land use was dealt with several years ago. The result was the adoption of the Western Edina Land Use Plan,.which was approved by the Edina Planning Commission and the Edina City Council on January 7, 1970, and ,:Ianu,-iry 19, 1970, respectively. This plan was approved after steady and planning, the expenditure of large sums to outside pro- fessionals and after numerous public hearings, all of which spaa- icl..ci a period of approximately two years. Its purpose and intent FJ1S L.o outline an overall plan in the best interests of the City of as a whole that would designate areas for various types of zon:�, and to prevent hit and miss zoning and imposition upon adjacent or nearby property owners of unexpected and unanticipated zoning The -Hestern Edina Land Use Plan specifies as the appropriate 1...r:d use for the Krahl Hill medium density multiple dwellings with a density of six to twelve units per acre.. In the opinion of our. counsel, adoption of the plan constituted a legislative that the best use of the property was.for multiple dwellings anci ;'age 4 7.nd that` such use would contr'ibu'te to the ; ,2!neral Welfare. i tic ,).].an is a matter of public record and can be reviewed by art }roh-> a., the Edina Village GffiCES. IL S�.OU .d be noted Lila: -t *Mr. Se in I many other residents of the area p4rchased and 'r,lovcd into domes subsequent to the adoption of the plat-. G -nC would tiii : :;.< .hey knew, or at least should have known, that even-Lualiy there coat' be multiple dwellings on the Hill. 14r• Seaberg in his letter states "and, increased de'r,sity means large concentration of voting reside t'ts in a given precihict t;la : :'i: eat and sleep in Edina. They don' L' s:nd cli to our scii -r [lOGJ.. t::. C1 they don't share in the Concerns of the community. As their nii.'41 f'i :'; increase, their voting power increases -- and this is a real t7 :i :At: to all of -Edina.--because they can vote 'no' to what the major:. -�:y t: homeowners want. " ]Kr. Seaberg is aware Lhat the Kralhl IirOpc3l t'j :, as well as his own home, is in the 17opkins, not taC3 .' d'1P.a, Chc?c . (1L Il3trict. What then is he 'referring to? iri he Sllg^ 2 L.ti u i ::1(,._ condominium residents, all Of whom: are purchase i s, s iouI a0L the same rights and privileges (and ob1ig�=,tionsj as single f". y -rhomeowners? Is he suggesting. that Edina residents who shoos, >_ ci their homes and, thus, chaage their life style by movin- in-Lo condominium residence will be less concerned about; the - neigiii'DC)Z or are less responsible than he or other s- nr ie farhily Or, finally, , 15 he Sug E.,eSting that a CO%i:Gillliliihhu purchaser QOc_S; ": , .: pay as much real estate taxes? Mr. Seaberg should be aware th,:L L:i:_ average market price of the units that are proposed for Krah1 probably would be greater than the average market value of the existing ho=nes in the immediate neighborhood. The ifrallls are decent people and, notwithstanding ongoing and -,j- i- - 1 -ILed personal differences with their neighbors, should not :ha.v co bo subjected to pressure, intimidation and •narrassment in a "Li=e :lh;• is ; to lawfully develop their property in accordance with prevail:in;- :toning and building ordinances. Moreover, a vocal minority Edith self serving back yard interests should not be allowed to and appear to speak for the soft spoken nhajority of Edina citiz(_,ns �.T(ho have always done the right and proper thing in the overall best interest of the city at large. 1 aril fully cognizant that zoning -'of the Krahl Hill site is a sensitive and important issue for all concerned. I sihhcerely that the ultimate resolution of the Hill will be to everyone's satisfaction and at the same time aii.ow for development in a res- ponsible manner consistent with the character of the neighborrloo, anel the. natural beauty of the site and surrounding area. Respectfully, G4't) em -ft jCo porgtion t Y cielvin C. Gittleman Enclosure f 'Ilbn/lNW'�NW�WWiF 'UvWf/.6Wa..eu3 .- -'_+.: x ���i' :" � wpi,l•Ax7'db',:B :.i ^b'+f7L�c:`�RY S �6.i'$ % ' 4� 0 ".'R V°u Ap pL ia. si /'9W ( /�gi'/';7p.� ,. r1'' >e F9M fd' S� ®+ w � 7p fl NOS V y1' ' / I d ' ..m��.umunb.oW -: = '""`. ��.�vrb��•ui.4'c) 1') ^T, •.- .--. -. 'r _- '........... -_� -'1 .5eadbarg comments o g n Sun edletorial To.the .Editor: In your April 3 editorial, "Community's choice or court's command ? ", you n;ake several statements and ac- cusations that cannot go unchallenged. You certainly high- lighted sonde very controversial issues including }torne0w- ners versus developers, city council actions and even'a strong recommendation to disregard the concerns of honneowners i1', favor of accepting a developer's plans. Since the Victorsen plan should be accepted, rejected or delayed for more study at tine April city council meeting, I wort cominent any further on that controversy. .. Instoad, I'll cross the "street" and repeat again our concerns about the development of Krahl's Hill. As single falnil.; homeowners. we are very concerned about the irn- lx;ct of nnultiple divellings on the character of Viking Hills as well as all of Edina. The developer is not satisfied to I)!liid (0111' to sit units per acre because his profit increases considerably as the density of units per acre increases. He is not interested in maintaining; the characteristics of the surrounding; single family neighborhood. ;le is interested in making money -- lots of it -- and, with the help of as- sociates, will continue to harass his neighbors and the city colincii until he is given permission to build nine to twelve units per acre on land that might be considered unbuildable ktecause of its 3:; degree slopes. in .a gretat free enterprise society, one cannot argue aboi:t. flat: property owner's right to develop his land as lie sees fit. But there have to be limits placed on the property owner to protect the many people impacted by such de- velopments. Increased density means that traffic density will increase: the probability of accidents will increase: and we see our children involved in these: accidents. In- creased density increases the fire hazard: we still re- Menlber the feelings of horror and panic while witnessing the Edina West condominium fire. in 1973. Increased de- nsity resulting frorn cutting down the slopes and filling up 0.1e gullies on Krahl's dill will remove noise pollution bar- re i's and destroy possible ecological treasures. Krahl's hill is a natural barrier that diminishes the noise level for 011 estern 1 dina frorn the two major highways it borders. Tlic possibility that [lie }gill may have archeological value and Indian burial mounds makes it a candidate for open spoc.e -- but. in my opinion, the "developer fraternity" v:on't let this happen. Increased density says to the honicovmer that. his property value will decrease. And, increased density means a large concentration of voting residents in a given precinct that only eat and sleep in Edina. They don't send children to our schools and they don't share in the concerns of the community. As their numbers increase, their voting power increases- - and this is a real threat to all of Edina— because they can vote "no" t.0 't•hat. the majority of homeowners want.. ( cu;trar y to the i!iipression you give in your editorial, the' city council has !lot rescinded any decision on Krahl's hill (luring; tfie last five ,years. The city council has been Consistent in denving the developer's propomis for rezon- r; . Being on the city council is a tough enough job without bcip; further harassed by an uninformed editor. The city of Edina has been sued by the developers of l;riiil's Hill not because has!C questions were not solved, hilt because the developers did not win. In my opinion, the suit is a ruse by [he developers to got a favorable response frorn the cit. v council the next tinit they make a proposal for i 11 Ow,cloiinaent of Krahl's IMI. There is no doubt in my r -!iitd fhat our court: systc:rn and city council will bona see inl irinldntion rand act. accordingiy. The "little" i, i,it r hirti taken on (hip ci ty: the next phase may well be ho! Il(lownor taking on the developer. And this i n ,ill over Ndirin if the ..Safety of the community, '1'r- o(Icill" of the lrl-va and enviroiirrirnt are (not) rrotoctcd." . N(A Seaherg;, president, Viking; 0�1:. HOolrowi!vi -s Assoc„ 6108 Aretic Way, 1 ?;dina. � y Should Edinans have, the right to keep their neighborhoods low density, single family neighbor- hoods? Should environmentalists and recreationalis t;s have the right to keep what little open space remairis In Edina open? Should a property owner have the right to de- velop his land in any way lie sees fit, so long as t'ne safety of the community, future residents of the area and environment are reasonably protected? The answers are not easy, they never are when people's basic ri gbts are questioned. But the ques- tions continue to arise again and again Edina. Developer Folke Victorsen has been trying to develop land at the southwest Corner of Gleason Road and County Toad 18 for over five years. De- veloper Marl Krahl has also been working for .five years to develop land, known as Krahl's bill, on th(= northwest, corner of Gleason Road and County Road 18. Homeowners in the surrounding areas, Indian Hills, Arctic Way, each year group and regroup, appearing at city council meetings piea(ling thhat various proposals be rejected. The city cotrncil responds to their audience, whether it be developer or homeowner, and at the next meeting the opposition appears and the council rescinds its previous decisions. ;`Many of the council meetings, not to mention; planning commission meetings are spent; educating new homeowners. Yes, says the council, that has been considered . .. three years ago, etc:.. . . While rnany of the criticisms of all concerned are very valid criticisms, the point is . . . If Edina homeowners, developers and the City council (:lo not solve the basic questions involved, the courts are going to solve them. The city of Edina is currently in litigation over development of Krahl Hill. Basic policies must be established and adhei,ed to. A proposal cannot be approved at one mee't.ina and rescinded at another at the whirr of whichever side of the issue happens to be present at the meet- ing. Folke Victorsen's last plan for the development of his land is a reasonable proposal which takes into consideration the rights of all concerned. The hill is saved, the proposed 140 unit ap<arl;'. ment building is located on the north side of the hill preserving the single family atmosphere of the south side of the hill. The density of seven units per acre a reasonable one for t:he area. Accept Victorsen's plan. �. L � y Should Edinans have, the right to keep their neighborhoods low density, single family neighbor- hoods? Should environmentalists and recreationalis t;s have the right to keep what little open space remairis In Edina open? Should a property owner have the right to de- velop his land in any way lie sees fit, so long as t'ne safety of the community, future residents of the area and environment are reasonably protected? The answers are not easy, they never are when people's basic ri gbts are questioned. But the ques- tions continue to arise again and again Edina. Developer Folke Victorsen has been trying to develop land at the southwest Corner of Gleason Road and County Toad 18 for over five years. De- veloper Marl Krahl has also been working for .five years to develop land, known as Krahl's bill, on th(= northwest, corner of Gleason Road and County Road 18. Homeowners in the surrounding areas, Indian Hills, Arctic Way, each year group and regroup, appearing at city council meetings piea(ling thhat various proposals be rejected. The city cotrncil responds to their audience, whether it be developer or homeowner, and at the next meeting the opposition appears and the council rescinds its previous decisions. ;`Many of the council meetings, not to mention; planning commission meetings are spent; educating new homeowners. Yes, says the council, that has been considered . .. three years ago, etc:.. . . While rnany of the criticisms of all concerned are very valid criticisms, the point is . . . If Edina homeowners, developers and the City council (:lo not solve the basic questions involved, the courts are going to solve them. The city of Edina is currently in litigation over development of Krahl Hill. Basic policies must be established and adhei,ed to. A proposal cannot be approved at one mee't.ina and rescinded at another at the whirr of whichever side of the issue happens to be present at the meet- ing. Folke Victorsen's last plan for the development of his land is a reasonable proposal which takes into consideration the rights of all concerned. The hill is saved, the proposed 140 unit ap<arl;'. ment building is located on the north side of the hill preserving the single family atmosphere of the south side of the hill. The density of seven units per acre a reasonable one for t:he area. Accept Victorsen's plan. �. VT,C, IHus of minnssota� municipalities . �u� Xetio April 10, 1975 TO: City Managers (Local 49 Communities) FROM: G. Stevens Bernard, Chairman, 1976 M.A.M.A. 49 Negotiating Committee SUBJECT: Authorization for Joint Negotiations Enclosed is an authorization form you should use to let this committee know whether or not your municipality wishes to be represented in the 1976 Joint negotiation efforts. we are about to undertake with I.U.O.E., Local 49. This authorization is the formal instrument we need to allow us to proceed on your behalf. A copy of the 1976 union demands to management is enclosed. Also enclosed is a sample resolution you may wish to present 'to your councils. If you have any questions; please contact me,(429- 5367), or Cy Smythe (227 = 7541). Please return the authorization form to Labor Relations Associates, Inc. before April 25. (The first formal bargaining session will be held April 30.) Enclosures P.S. - The latest issue of "1.1unicipalities" contains some information on . C.E:T.A. that may be of interest to you. . f i 300 hanover building, 480 cedar street, saint paul, minnesota 55101 (61 21 222 -2861 Authorization for Representation in Joint Public Works Negotiations for 1976 with I.U.O.E., Local No. 49 1. The municipality of (name) hereby (authorizes , does not authorize �) the committee which has been established by 11AMA with Steve Bernard as Chairman to serve as its representative in public works negotiations with I.U.O.E., Local No. 49 for 1976. 2. If you have authorized representation of your municipality by the committee in #1 above, in what capacity do you wish to be represented? a. wages b. Master Contract language C. both "an and IV? above 3. The Negotiating Committee is interested in your thoughts and suggestions concerning the demands made by Local 49 for contract year 1976. If additional space is needed, please use the back.of this form. Signed ( City Manager) Date PLEASE RETURN TO LABOR'RELATIONS ASSOCIATES, -INC. BEFORE APRIL 25, 1975 -- THE FIRST FOFJ4AL BARGAINING SESSION IS SCHEDULED FOR APRIL 30, 1975. RESOLUTION Approving - Continued Joint Representation in Regard to I.U.O.E., Local No. 49. Be It Resolved by The Council of the City of ' that the Metropolitan Area Managers Association Management Bargaining Committee is hereby designated as the representatives of the City of a settlement or impasse is reached for the 1976 contract in negotiations until year with I.U.O.E., Local No. 49• 1976 AUNICIPAL_f MBERSHIP DEMNDS. 1. A residency clause become part of the Labor Agreement, stating that it is not necessary to be a resident of a community-as a condition of employment. + 26 Uniform starting time for work day; the regular work week Monday through Friday. 3. Double time payment be granted for vacation allowance. 4. The grievance procedure be shortened to a maximum of 20 days, and the Bureau of Mediation be included in the grievance pro- cedure; their inclusion not to be part of the 20 day maximum. I 5. Double time shall be paid for hours performed on the following holidays: Christmas, New Years Day, Fourth of July, Labor Day and Thanksgiving; the balance of the holidays on a time and one - I half basis. 6. All work performed on Sunday be paid on a double time basis. Hours in excess of eight hours per aay and Saturdays be paid at time and one -half. 7. Seniority be expanded upon. Regarding lay offs, NO PERMANENT EMPLOYEE SHALL BE LAID OFF WHEN THERE ARE ANY PROBATIONARY EMPLOYEES THAT HAVE NOT SUCCESSFULLY COMPLETED THEIR PROBATIONARY PERIOD OR ANY EMPLOYEES UNDER THE CETA PROGRAM, OR ANY OTHER GOVERNMENTAL ASSISTANCE PROGRAM. S. Establish a formula of severance pay based.on the combination of service and unused sick leave. 9. Three days personal leave be granted annually for the purpose of attending to personal business. 10. Seniority list to be updated on Union letterhead every six . months. All supervisory employees governed by this Agreement be properly identified. 11. Establish a dental plan for all members and their dependents in the bargaining unit. 12. Hospitalization coverage to be paid by the employer for all employees and dependents; single employees be compensated in addition to their regular pay the amounts paid to other employees for dependent coverage. 13. Communities which do not have an injury on duty plan shall establish same. 14. Vacation bench marks be established in.all communities of four weeks after 10 years of service; 5 weeks after 15 years of service and 6 weeks after 20 years of-service. 15.. The work day be established at seven hours per day; 35 hours per week. Premium time shall apply after 7 hours per day and 35 hours per week. -2- 1976 Municipal Membership Demands 16. Wages: GROUP I _ ll_,191_00/Mo_ Mechanic Mechanic - Welder Heavy Equipment Operator Senior Engineering Technicians Water Treatment Plant Operator i Senior :Water and Sewer Maintenance Man I Senior Park Keeper Senior Signman Senior Tree Trimmer GROUP II_- _$1,116.00Lmo. t Auto Serviceman Mechanic's Helper 1 Meter Reader i Meter Repairman Park Keeper Tree Trimmer Engineering Technician Light Equipment Operator Water and Sewer Maintenance Man Signman GROUP III = Jl_,C 66_00/Mo_ Public Works Maintenance Man (Laborer) GROUP I (a) Foremen, Working Foremen and Leadmen - Fifty cents (504�) per hour above the highest rate that they supervise. GROUP II (a) Shift differential: Second shift - twenty -five cents (254�) per hour; third shift - fifty cents (50 :) per hour. 17. The base rate for all departments be equated with wages set.forth 3 in Group II for determining fringe costs. 18. When an employee is required to work on an intermittent basis, the intermittent pay be established at a minimum of seven hours per day and the intermittent pay be the equivalent of the rate being paid in the heavy and highway industry for the commensorate classification. 19. The senior employee of those with hours worked totaling 850 hours at the higher classification shall be re- classified to the next permanent classification the following.January lst. 20. A cost of l.iving.clause be negotiated to include the Bureau of Labor Statistics 1967 = 100, and if in the Twin City area, in July, the cost of living has increased by .075 %, the increase above.this be applied for the balance of the calendar year. April 21, 1975 TO: Warren C. Hyde, City Manager -'ROM: - Robert C. Dunn, Director of Public Works & City Engineer SUBJECT: Improvement Feasibility Report (1975 -5) The following improvement has been investigated and it has been determined that it is feasible and its construction would be in the best interests and toward the. orderly development of the City of Edina: IMPROVEMENT AND LOCATION ORNAMENTAL STREET LIGHTING York Ave. from W. 69th St. to W. 74th St. Hazelton Road from France Ave. to York Ave. W. 70th St. from France Ave. to Xerxes Ave. ESTIMATED COST $94,952.26 I hereby recommend that upon acceptance of this report by the City Council on April 7, 1975 that Public Hearings on this improvement be scheduled for May 5, 1975, Respectfully submitted, /'�� 4e --/— — '. ".' Robert C. Dunn, P.E. Director of Public Works and City Engineer RCD:jvn cc: Mayor and Council City of Edina Bicentennial Commission Historical Markers Committee MARK MATCHING GRANT PROPOSAL Heritage Panel April 1975 Proposal Coordinator: Ralph Campbell, III PART 2 Project Narrative° City of Edina • Historical Markers Project PROJECT NARRATIVE . I. PURPOSE The purpose of this project is to identify and place permanent markers on structures and sites within the City of Edina, which properties can be -= determined to have historical significance. These will include: Pioneer homesteads such as: the Jonathan Grimes house, (1869) at 4400 West 44th Street; the George Baird house (1887) at 4400 West 50th Street; and the E. C. Sly house at 6128 Brookview Avenue. Early Churches such as: The Episcopal 'Trinity Chapel' (1872) - formerly at France Avenue. South and 50th Street - now at France and 49 -1/2 Street; the Morningside Congregational Chapel (1912) now a residence - at 4003 Morningside Road; St. Patrick's Catholic Church (circa 1926) at Cahill.Road and 70th Street - now used as a Montessori Center. Early Commercial Buildings such as: The I.O.O.F. Hall at France Avenue and 44th Street; and the structure midway between 50th and 51st . . Streets on France. ' Historic Sites such as: Code's Corner (Valley View Road and Highway 100); the Edina Mill site (Browndale Avenue and West 50th Street); the Cahill Community, i.e. church, school, Post Office, and store WahiI.I Road-and- -West 70th Street); St. Patrick's log church; railroad and streetcar station sites. -.11. SELECTION. CRITERIA The criteria to be used in identifying and evaluating'structures and sites will be derived from the criteria used to evaluate properties for possible Inclusion in.the National Register of Historic Sites; and which are stated, in part, as follows: -2- PROJECT NARRATIVE "The criteria applied to evaluate properties ... are intentionally _worded in a subjective manner to provide for the diversity of resources within the (community)." "The quality of significance in ... history, architecture, archeology, and culture is present in districts, sites, buildings, structures, and objects-that possess integrity of location, design, setting, materials, workmanship, feeling and association, and: (A) that are associated with events that have made a significant contribution to the broad patterns of our history; or (B) that are associated with the lives of persons significant in the past; or (C) that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or (D) that have yielded or that may be likely to yield, information Important in history or pre- history. .... ... ..." III. SELECTION The selection process will include the following steps: (1) Nomination of structures and sites by the Edina Community at large as well as by the membership of the Edina Historical Society, subsequent to publication of selection criteria. (2) Research under the direction of the Edina Historical .Society to authenticate the factual history of nominated properties. (3) Final Selection of structures and sites to be marked -will be done,by the Historical Markers Committee of the Edina BiCentennial Commission. -3- PROJECT NARRATIVE The members of the Committee are: Ms. Adeline Lindboe- Chairperson Foster Dunwiddie- member of the Review Board of the Minnesota Historical Society which passes on nominations for the national Registry Ms. Dorothy Connor E. Dudl ®y Parsons --Ms. Lois Wilder - .Rev.-,Benjamin Larson IV. MARKERS The markers will be of two types. For existing structures (structural :markers),.an engraved brass plate, 8 X 12 inches, will be attached to the structure at eye level and at an- accessible location. Each plate will bear Edina and BiCentennial identifying symbols (logos), the words EDINA HISTORICAL -SITE, and a name or phrase to identify the site specifically. For sites there Is proposed a free- standing marker, 18 X 30 inches approximately. In addition to the appropriate identifying symbols there will be descriptive text. It is proposed that these larger markers be fabricated of cast metal with raised letters. _.V. PLACEMENT The markers will be placed by employees of the City of Edina .as part of the -An-kind contribution to the project. =V1. GUIDESHEET - <A printed brochure (guidesheet) is proposed as a means of providing further information as to the origin and historical significance of the marked structures and sites. The guidesheet will be approximately 9 X 12 inches employing the -4- PROJECT NARRATIVE tri -fold design. On one side there will be a map of Edina showing the locations of the selected and marked structures and sites. The present .address and significant historical data about each property will be given. It is proposed that the guidesheets be generously availiable in such locations as the Hennepin County Library branches, and the Frank Tupa Park, Edina's Historical Center. V11. TIME SCHEDULE The time schedule proposed for this project envisions having one -half of the structures and sites evalOated, selected and marked by October 1, 1975. The Committee believes that there will be some delays in authenticating factual information about some nominated properties so that the last half of the markers will require additional time - -in six to nine months. This narrative was developed by E. Dudley Parsons Edina BiCentennial Commission Historical, Markers Project. BUDGET BUDGET CATEGORIES BUDGET ITEMS FEDERAL CASH LOCAL-CASH LOCAL IN -KIND TOTAL HARDWARE PURCHASED STRUCTURE MARKERS Quantity: 40 Dimensions: 8 X 12" Style: black anodized brass Thickness: 0'.094'-! Fabrication Cost: layout, and photography $ 400:00 engraving $1000:00 mounting preparation $ 600.00 SITE MARKERS Quantity: 8 Dimensions: 30 X 18" Style: brass with raised lettering Thickness: 0.125" Fabrication Cost: $'368.0.0 /marker X 8 markers $2944. sub -total 294.40 10% volume discount $2649. 0 $1376.07. XXX XXX XXX XXX XXX XXX $2000.00 $1273.53 - XXX $1273.53 local $1376.07 fede ra 1 $2649.60 BUDGET BUDGET CATEGORIES BUDGET ITEMS FEDERAL.CASH LOCAL CASH LOCAL IN -KIND TOTAL HARDWARE TRAFFIC INFORMATION PURCHASED SIGNS -- continued Quantity: 15 Dimensions: 24 'X 18" Style: white -on -green embossed lettering 4 " letters Fabrication: $ 6:85 /sign. --- X 15 signs 102.75 total xxx Installation Hardware: "U '- channelled post Quantity 12 Height: 8' $ 7.07/81 post X 12 posts $84.84 total xxx "U '- channelled post Quantity: 12 Height: 5' $ 4.58/5' post X 12 posts xxx CONTRACTUAL FEES INSTALLATION OF STRUCTURE MARKERS Quantity: 40 $15.00 per marker xxx $ 102.75 xxx $ 84.84 xxx $ 54.96 xxx xxx $ 600.00 $.242.55 -3- Edina BiCentennial Commission Historical Markers Project BUDGET BUDGET CATEGORIES BUDGET ITEMS FEDERAL CASH LOCAL CASH LOCAL IN -KIND- TOTAL $-164.64 local CONTRACTUAL FEES INSTALLATION OF -- continued SITE MARKERS $ 285.36 in -kind Quantity: 8 $75.00 /marker XXX INSTALLATION OF' TRAFFIC INFORMATION SIGNS �- Quantity: 12 $20.00 /sign XXX SOFTWARE GUIDESHEET Quantity: 5000 Dimensions: 9 X 12" Style: tr.i -fold TOTALS Composition Cost XXx Printing Cost XXx NOMINATION FORMS, Composition Cost XXX Print -ing Cost XXX $3376.07 $ 164..64 $ 285.36 $ 450.00 XXX $ 240.00 $ 240.00 $ 50.00 XXx $ 500.00 XXx $ 550 °.00 $., 10.:00'., XXX $ 10.00 XXX $. 20.00 $2250.72 $1125.36 $6752.15 -4- Edina BiCentennial Commission a= 'BUDGET MARBC MATCHING GRANT ANALYSIS Projected Total Cost of'Project:..$6752.15 One -half of total (FEDERAL CASH) $3376.07 Two - sixths of total (LOCAL CASH MINIMUM) $2250.72' One -sixth of total (LOCAL IN -KIND MAXIMUM) $1125.36 The First John Philip Sousa Memorial Band MARBC MATCHING GRANT PROPOSAL Festival Panel Project: FESTIVAL SOUTHWEST! April 1975 Proposal Coordinator: Ralph Campbell, III 1 PART 2 Project.Narrative and- --Time Schedule The First John Philip Sousa,Memorial.Band FESTIVAL SOUTHWEST! Narrative-Description of Summer '75 Tour I. Introduction The First John Philip Sousa Memorial Band, with the financial support and official endorsement of the Minnesota American Revolution Bicentennial Commission, will tour southwestern Minnesota during the Labor Day Weekend, 29 August to 1 September 1975. II. Objectives The Summer 1975 F.J.P.S.M.B. Tour, Festival Southwest!, will achieve three objectives. First, it will give Minnesotans an opportunity to hear and enjoy, live, a stirring part of our American Musical Heritage - -The City /Town Band. Second, the F.J.P.S.M.B. will act as an expertise and information source for people in the communities who would like to start a city band in their own town. In this way, Festival Southwest! will help to increase the number _of active city bands in Minnesota. Finally, Festival Southwest!. will giye.the individual band member an intense musical experience, at the same time he or she helps others to participate in a statewide Bicentennial activity. III. Mechanics A. Tour Itinerary: (This represents a tentative itinerary only. Please feel free t8 suggest any communities in which'you would like us to play.) DEPART Minneapolis: 4:00 P.M., Friday, 29 August 1975. Place of Concert Date Mileage from point Approximate Population of departure Driving Time Gaylord Evening 61 90 minutes 1720 29 Aug. New Ulm Morning 24 30 minutes 13051 30 Aug. Lamberton , Noon 35 45 minutes 962 30 Aug. Tracy Evening 32 45 minutes 2516 30 Aug. Pipestone Morning 37 50 minutes 5328 31 Aug. Luverne: Noon' 26 30 minutes 4703 31 Aug. Mountain Lake Evening 72 90 minutes 1986 31 Aug. -2- FESTIVAL SOUTHWEST! Place Date Mileage Driving Time Population Madelia Morning 29 35 minutes 2316 1 Sept. St. Peter Noon 50 50 minutes 8500 1 Sept. Totals 415 41086 B. Materials: All stage equipment (lighting, public address system, music stands, and props) will be transported and handled by band members and a small stage crew. The towns in which we play need only.supply a place to.-play and AC power outlets. The band is completely self- contained. Specific on- the -spot logistical problems will be ironed out during a drive - through of the tour-route by band representatives in June 1975. C. Promotion: The First John Philip Sousa Memorial Band will be responsible for all promotion. Materials to advertise and promote the tour will.include pre- recorded radio spots, press releases, posters, personal contact, etc. These items will be dealt with during a second drive - through of the tour route approximately ten days prior to the tour itself. D. Transportation: Band members will travel via charteret touring bus. In addition, a rented truck will be used to carry staging. Again, the band is completely portable and self- contained. E. Personnel: We expect to tour with a total of thirty -five people: thirty musicians, four stage crew, and one technical specialist. F. Finances: Please refer to tour Budget Proposal. IV. The Future For five years The First John Philip Sousa Memorial Band has been dedicated to the task of rejuvenating the spirit of the American Town Band. 1975 will not mark the end of this effort. Quite the contrary, we expect the Bicentennial years to be a beginning. We hope that by touring outstate Minnesota in 1975 and the eastern United States.in 1976, we will be able to build on the foun- dation we have constructed since 1970. It is our fervent wish that our Bicentennial activities will stimulate other communities to provide the opportunities for band musicians to practice their art, for audiences to enjoy listening to them, in short,'to remove from mothballs that most American of musical institutions, The Town Band. And, of course,.the First John Philip Sousa Memorial Band intends to contribute in the years beyond 1976, just as it has for the past five years. A Junior Sousa Band of eighty:junior high -3- FESTIVAL SOUTHWEST! school musicians insures a deep-reservoir of interested talent from which to draw in the future. V. Conclusion We feel that we have shown that Festival Southwest! is within bounds and worthy of MARBC financial support and official endorsement. Further, the performance of the First John Philip Sousa Memorial Band during the past five years demonstrates that our organization is fully capable of producing a successful tour. The addenda which follow are evidence of this capability. cnson 1 I or tra I E I I rooDS i KOOcwcHm � PCNNDNGION `� � I . vrnt 1 � 5 I I UASCA I I NORMAN I MAHNOME N wrwm I I 1 CLAY j maw j »....». CASS I I --- ?•� 1 I Arr@( CARTON I iNADFNA I j CROW WIN j �m � � I Wmm N OTTER TAU. r —.- - -- �._._.� I Sao® I PINE MDD I I IEANaBECj .— I j MORRISON —_ °'GGRANT f DOUGTAS j Lon" j .urea Taus I LACS TnAVRRSe • — — — — ——'— — -- � BHrroN iSTEVENS i POPE i STEARNS aan,o:l— • --` -- ��� -1 ANOKA ck�. SWIFT \ I � srorNe- -�-- -- � •— • —• --� �• —• -- -� �,�>>amrBrrnNe �- -- - -•� uc J EANDrYOw WRIC %J '\. rw •1`, Q . \ I ..wu tno.mnl L H j c� on CwPPEWA ..��.:kl NOWEKN vane z ..� 1 �`fwm�o rausS+l .o 7 u a.n j Y31.OW MM'CWE RENVMU r r— -,-• / e.sio�cs I '�.i SoD,R DAKOTA �I •., -.u.. j j ti: - �— —� ,�m„o j I GooDxuE r_ � '� [, ^• -' -•: f1 ^N =:z'. oOo � �. �;n7l1Sr LE S"m ffiCE I .a.av,+ j I I WABASNA E;tnwta,, �- ---• ----- —� F�-L R1N �E EA WASECA I STEW j OI115TED i WINONA �e mLNORE HOUSTON ►u ROCS YOB1.E5 I 1AR50'f ! lv]'¢N I FARIBAVLT lR ®Oaw j .aumOW� j ° .,��.... I „aa• I ..mv.i .auaw+. I i MINNESOTA COUNTIES AFFECTED BY FESTIVAL SOUTHWEST! The "First John Philip Sousa Memorial Band BUDGET BUDGET CATEGORIES BUDGET ITEMS FEDERAL .CASH LOCAL CASH LOCAL IN- KIND TOTAL Equ i.pment . Part Purchased' Platform Staging XXX XXX $1104.00 Part 2 Stage Props XXX XXX $ 147.20 Part 3 (For a complete Properties XXX X)X $2387.90 Itemization of Part 4 Electrical our equipment, (Lighting) XXX XX( _ $1127.78 please see. °the Part 5 Electrical 11 Equipment Log.) (Support) XXX XXX $1497.60 Part 6 Uniforms XXX XXX $1396.00 Part 7 Equipment XXX XXX= $_ 48.21 - Maintainence .$7708.69 _Administration Project Coordinator 12992.00 $ 508.00 XXX (@$2.50 /hr.. for 35 weeks Jan. 75 -Aug. 75) Duplicating and Paper $ 320.00 XXX XXX ($40.00 /mo. g- fo -8 months) $3407.00 Postage $ 55.00 XX(, XXX Federal $7.00 /mo. for 8 months) $508.00 Telephone $ 40.00 XXX XXX Local ($5.00 /mo. for 8 months) $3915.00 -2- - The ,FIrst John Philip Sousa Memorial Band BUDGET BUDGET.CATEGORIES BUDGET. ITEMS FEDERAL CASH, LOCAL CASH LOCAL IN -KIND TOTAL Contractual Fees Musicians XXX XXX XXX _ Technical Specialist XXX $ 120.00 XXX ($30.00 /day of tour) Stage Crew (Four people $20.00 honorarium each) Promotion Please see Addendum H 2Z Brochures XXX Travel Initial Drive- through of tour route (2 days,, 2 people) Automobile XXX Food and Lodging XXX Follow -up Drive - through (I day, 2 people) Automobile XXXI Food XXX, Rental of Bus to transport Band during tour XXX (Greyhound -type bus, $216.00 /day) Rental of'truck to transport equipment during tour XXX (20 ft. length, $26.00 /day XXX 200 /mi.) $ 80.00 XXX $ 300.00 XXX $ 20.00 XXX . @$ 30.00 XXX $ 20'.00 XXX S 15.00 XXX $ 865.00 XXX $ 105.00(daIIy) XXX $ 85.00 (mIIeage)XXX $ 200.00 $ 300.00 $1185.00 -3- The „First John Philip Sousa Memorial, .,Band BUDGET BUDGET CATEGORIES BUDGET ITEMS FEDERAL CASH LOCAL CASH LOCAL IN -KIND TOTAL Traver Lodging $1050X0 XXX XXX -- continued (35 members while on tour) ($10.00 /nite/ person; 3 nites) Meals Breakfasts $ 100.00 $ 110.00 XXX Total of 3 ($2.00 /meal,) Lunches total . of 3 ($3.00 /meal) XXX $ 315.00 XXX Dinners total of 3 ($4.00 /meal) XXX $ 420.00 XXX $1995.00.. $1150.00 Federal $ 845.00 Local . TOTAL'S $4557.00 $3038.00 $7708.69 $15,303.69 BREAKDOWN OF GRANT REQUEST: Total, Grant Requested: $9114.00 One -half of total: $4557.00 Federal Cash. Two- sixths of total: $3038.00 Local Cash One -sixth of total: $1519.00 Exceeded by Local In -kind The'Fi.rst John Philip Sousa Memorial Band reserves the right to declare excess in -kind assets in future proposals. AA r k� THE EDINA BICENTENNIAL COMMISSION �ice ��o�� 4801 WEST FIFTIETH STREET • EDINA, MINNESOTA 55424 0 CHAIRMAN Raymond Bechtle SECRETARY Lois Strupp Mrs. Katy Sullivan, 6700 West Trail Mrs. Carolyn Dencker, 6104 Arctic Way Mrs. Sullivan has been serving the Commission as Publicity Chairman, and Mrs. Dencker has been serving as Chairman for Promotion of Materials. April 14, 1975 TREASURER Ray O'Connell MEMBERS: William E. Bitter TO: City Council of Edina Kay Brown Dorothy Conner FROM: Raymond Bechtle, Chairman David Dietrich Edina Bicentennial Commission Dorothy Dunn Rosemary Gubrud Bernice Kenkel Betsy Kuntz Benjamin Larson Bernice Kenkel and Rosemary Gubrud have resigned from the Edina Adeline Lindboe Bicentennial Commission. Mrs.. Kenkel resigned because the .loan Lonsbury family moved to Winston - Salem, North Carolina. Mrs. Gubrud Mary Ness KenRosland resigned because she accepted another- position with the Edina Donna Skagerberg Federated Junior Women's Club, a position which will require Leigh Wakefield a major portion of her time. Lois Wilder Mary Emma Willson The Edina Bicentennial Commission requests that the Edina City Council approve the following appointments for replace - ments: Mrs. Katy Sullivan, 6700 West Trail Mrs. Carolyn Dencker, 6104 Arctic Way Mrs. Sullivan has been serving the Commission as Publicity Chairman, and Mrs. Dencker has been serving as Chairman for Promotion of Materials. ANALYSIS OF ASSESSMENT 1 I r LEVY NO. 6157. COUNTY NO. C113 FOR: STREET IMPROVEMENT NO. C -113 LOCATION: York Avenue from south line of Yorktown Addition'to West..78th Street CONTRACTOR: J. A. Danens, Inc. CONTRACT.AMOUNT: $31,123.50 CONTRACTOR: Riegger Roadways, Inc. CONTRACT "AMOUNT: 16,185.32 CONTRACTOR: Bury & Carlson CONTRACT AMOUNT: 7,045.20 $54,354.02 ENGINEERING AND CLERICAL :; (12 %) 6,522.47 $60,876i"49 W.O. 458717 - Egan, Field & Nowak - Surveying services 370.00 Purchase of property - 7712 Xerxes S. Evangelical Lutheran Synod, Wisconsin #58895 & 59059 $28,104.05 Purchase of property - 7716 Xerxes S. David L. & Pamela Pahl 459058 & 59285 $11,576.16 The Spring Co. 459283 13,580.53 Marvin H. Anderson #59286 3,897.56 Hennepin County 459062 62.70 29,116.95 Purchase of property - 7720 Xerxes S. Erwin N:'& Jaclyn L. Schwab 459057 & 59280 27,820.20 Northland Mortgage Co. 459279 5,133.30 32,953.50 Sale of Houses: 7712 Xerxes - 'Ernie Voight & Sons 4,856.50 7716 Xerxes - Ernie Voight & Sons 410- 75.7.50 a 7716 Xerxes - J. Patrick Ryan (Garage)` 200.00 7720.Xerxes - Clarence Krueger 3,377.77 7712 Xerxes - Garrison House Movers (Garage) 163.00 (13,354.77) $76,819.73 #59888 - Mpls..Gas Co.- Service 7712.& 7716 Xerxes 37.39 459773 - W. H. Wiedenmeyer - carpet 7712'Xerxes 100.00 46093 -- Shenehon, Goodlund & Johnson,-Inc. - .AppraLsals (7) 2,300.00 #59946 - B.H.K. &R. -.Fire Insurance - Houses 239.00 #60412 - Mapco Sand & Gravel Co. - Purchase of property 106.600.00 460477 - Mp1s. Gas Co. - Service - Hous'es. 9.33 #61344 - Sloane Property -- Partial settlement of condemnation 57,500.00 461871 - Finance Director Hennepin-County - Taxes 534.26 4613.34 - Schultz, Maurer, Engstrom & Goodyear - Condemnation 39,300.00 4462006 - Mapco -Sand & Gravel Co..- Final Settlement 12,400.00 #62984 - Eugene F. Reilly - Appraiser - Par "ce1.304 385.00 463738 - Dorsey, Marquart, Windhorst - Legal fees 3,210.50 #63805 - Shenehon, Goodland & Johnson," Inc. - Appraisers 2,705.00 "4.63992 - Finance Director Hennepin County - Taxes. 534.26 464142 - Schultz, Maurer, Engstrom &..Goodyear.- Final settlement 21,500.00 #64143 - Sloane - 80% of settlement 2,725000 464259 - G. L. Contracting - Catch ,basin 1,559.'03 464164 - Bury & Carlson - Redi -Mix Asphalt 12,231.25 #64899 - Bach-man's - Shrubbery 744.10 W.O. #338 - Build street 8,314.08 . 465587 - Tom W. Von Kuster - Commissioner services 650.00 #65586 - Shenehon, Goodlund & Johnson, Inc. 463.00 465585'- Thompson & Huffman - Comm;ss.ioners 800:00 351,660.9`2:' #65584 - 'Boblett & Smith - Commissioners 650.00 465741 - Clerk of District Court 3,605.11 469426 - Sloane property - -final 20,075.00 #69543 Sloane property - final 1. 304.50 $438,:542.03 463620 - .Dorsey, Marquart, Windhor.st, West & Hallady 1,977.50 466143 "" " " " It 3,717.00 4168428 it " it it 232.75 467953 " It it of it 911.50 3rd Quarter 1974 - Dorsey, Marquart, "Windhorst & Halladay. 487.25 7;326._00 . $445,868.03 - _ ANALYSIS OF ASSESSMENT Page 2 Balance- carried forward $445,868.03 Crushed rock and fill - 2460.35 ton @ $0.85 2,091.30 $447,959.33, PUBLISHING. AND SUPPLIES: 100.00 $448;059.33 CAPITALIZED INTEREST @ 5 %: From: October 16, 1972 To: February 24, 1975 854 days @ $61.46 per day 52,492.86 TOTAL CONSTRUCTION COST $500,552.19 ASSESSABLE UNITS - 4,928.15 feet ESTIMATED ASSESSMENT - $61.41 PER ASSESSABLE FOOT PROPOSED ASSESSMENT - $101.57 PER ASSESSABLE FOOT ASSESSABLE COST: $500,552.19 COUNTY CHARGE: 7 Parcels @ $0.50 each parcel 3.50 $500,555.69 TO BE.SPREAD OVER 10 YEARS - 1976 thru 1985:. FIRST YEAR PAYABLE WITH 1975 TAXES COLLECTED IN`1976 FIRST YEAR'S INTEREST FIGURED @ 5% OF TOTAL-PRINCIPAL TIMES 1.87 (682 days) 9 w citY-% of �Edin a 4801 WEST FIFTIETH STREET • EDINA, MINNESOTA 85424 RESOLUTION WHEREAS, the City of Edina has had a local health program since 1962 and has devoted several hundreds of thousands of dollars into the pro- gram and has continued to expand and develop the program since its beginning; and WHEREAS, House File 645 would establish a statutory procedure for the formation of a County Health Agency which could absorb or govern our local health program without municipal representation; and WHEREAS, House File 645 mandates the establishment of an independent Health Board and Advisory Health Council which is inappropriate to the governmental structure of the participating cities; and WHEREAS, House File 645 would allow for the infringement upon statu- tory housing and redevelopment authorities and advisory committees related to public health, environmental health and housing; and WHEREAS, House File 645 could substantially increase the per capita cost charged for service without providing a proportional, measurable increase in services actually provided to the City; and WHEREAS, the City would not be able to clearly direct the continued development and control of its program; and WHEREAS, the intent of the act is to deal with sparsely populated, out - state counties, and not for the complex, populated counties of Hennepin and Ramsey, and the communities contained therein; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina: 1. To oppose House File 645 to the extent that it would prohibit the City of Edina.. from continuing a municipal health program which it has developed and to urge that amendments be made to House File 645 to insure the continued existence and local muni- cipal control of health programs in a community or group of communities with an aggregate population of at least 45,000 persons. 2. To direct that copies of this resolution be transmitted to the Governor or the State of Minnesota, to members of the State Legislature representing the City of Edina, to the authors of House File 645, to the members of the House Appropriations Com- mittee and to the .Commissioner of Health of the State of Minnesota. 92%.8861 ADOPTED THIS 21st day of April, 1975. 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 April 21, 1975, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this 22nd day of April, 1975. City Clerk .3 -26 -75 Page 3 Planning Commission Minutes Mr. Victor Oliver, 6620 Parkwood Road, and Mr. William Dorsey, 6624 1 ' _/ Parkwood Road, stated they are not concerned about the traffic problems but want protection to the west of Parkwood Knolls 4th Addition. Mr. Oliver clarified he thinks -the concept is good, but the proposed single family lots are still too small and should be made the same size.as the lots in Parkwood Knolls 4th Addition. Following additional discussion regarding the existing topography and vegetation, the present and proposed street patterns, and the improved lot sizes, a motion to continue the requested rezoning to the April 30th Planning Commission meeting was made by Mr. G. Johnson and seconded by Mrs. McDonald. All voted aye. Motion carried. Mr. G. Johnson then made a motion to continue the requested subdivision to the April 30th Planning Commission meeting. Mrs. McDonald seconded the motion. All voted aye. Motion carried. The Planning Commission instructed the staff to provide a copy of the Western Edina Traffic Study as approved by the City Council, and copies of the minutes or, other information which identifies the review of that plan and how it was approved. IV OTHER BUSINESS:' 1. Open Space Report. Mr. Luce recalled a field trip for the Planning Commission, City Council, Park.Board, and EQC was held on March 1, 1975, to review the nine open space sites proposed to be acquired via subdivision dedication, life estate, or outright purchase for recreation or protection open space. He stated the Park Board has indicated they cannot afford to develop those parklands presently in their possession, and acquisition of additional land would only make improvements to the existing parkland more difficult unless the capital improvements budget were to be comparably increased. Mrs. McDonald, the Planning Commission liaison to the Park Board, clarified the -Park Board is planning ,a slide presentation for -the - Council regarding their capital improvements program and will include their position and recommendations on the open space report in that presentation. Mr. Luce reviewed the location and .proposed method. of acquisition of each of the nine open space sites and commented as follows. -- The Hedberg Property (Parcel No. 5) should be included because 'it is shown on the South Edina Plan as parkland. and is proposed to be acquired via subdivision dedication. w&' c isition should be a Park Board acquisition plan. of the Rutledge Park House (Parcel No. 14) by life estate responsibility and not necessarily part of an open space -)The Moore Property on Mirror Lake purchase for recreational open space, should and is'i—to� water an-T single famil able value as active parkland. , located on the Carl Hansen pro' ty north of replacement for -tLAc the Open Spa subdivision dedication. • proposed to be be excluded because it is quite narrow homes; it is, therefore; of question- a proposed active parkland area to be Parkwood Knolls, would be an excellent ce. Report, and could -be. acquired by, k ,3 -26 -75 Planning Commission Minutes Page 4 ecause only 20 percent of the floodplain can.be filled and developed, 80 p erLlof the Wallace Kenrleth Property - south of Lincoln Drive (Parcel No. 22) will remain as open space and probably be-dedicated'to the City whether or not it is included in the open space.report. -- The Garden Park - to Grove .Street and railroad tracks site (Parcel No. 28) is a logical extension of an existing .park. Because the Moore Property on Melody Lake (Parcel No. 23) is too small and too olated, it would not be enjoyed by many as protection or recreational open.space, but would be more beneficial to the o-ity as single.family lots. - The Karl Krahl Hill site (Parcel No. 33), proposed to be purchased for protect open space, should be excluded because it could be developed and still retain much of its natural character. Inacm„nh as he City b�} mll i nn nn -lei c c; tp f�ll ci t i ran pf t}Zls.__,la a Rle . The McCauley Trail.South property (Parcel No. 37),should be excluded. becausC tie land is low and swampy, and would not be appropriate for active recreation open spacep rIU&IQR thir. sib ea:tion- n r ^ >> hn , hP ma in the large backyards i n the area, —at- B—raem rk, -- The Cahill School site (Parcel No. 42) is the open space buffer provided in the:Southwest Edina Plan and should therefore be acquired to further accomplish that overall land use system. Following discussion, Mr. Runyan noted the staff's excellent evaluation and moved the recommendation for each proposed open space site be accepted by the - - Planning - Commission- and forwarded: to the City 'Council. -Mr. Kremer - s.econded the - motion, noting that some of the other..sites originally considered by the Open -Space Committee might be worth acquiring in the future, if only in terms of reducing the overall density. All voted aye. Motion carried. V. ADJOURNMENT. Respectfully submitted, Lynnae C. Nye, Secretary RESOLUTION APPROVING CONTINUED JOINT REPRESENTATION IN REGARD TO I.U.O.E. LOCAL NO. 49 BE IT RESOLVED by the Council of the'City df Edina, that the Metro- politan Area Managers Association tianagement .:Bargaining.Committee is hereby designated as the representatives of the City of Edina in negotiations until a settlement or iMpass,e is reached for the 1976 contract year: with.I.U.O.E., Local No: 49. .ADOPTED this. 21st day of April, 1975.. 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.April 21, 1975, and as recorded in the,Minutes of said Regular.Meeting. WIT14ESS my hand and seal.of said City, this 29th day of April, 1975. City Clerk RESOLUTION Approving - Continued Joint Representation in Regard to I.U.O.E., Local No. 49. Be It Resolved by The Council of the City of that the Metropolitan Area Managers Association Management Bargaining Committee is hereby designated as the representatives of the City of in negotiations until a settlement or impasse is reached for the 1976 contract year with I.U.O.E., Local No. 49. 0 1 ' I April 21, 1975 TO: FROM: SUBJECT: Warren C. Hyde, City Manager Robert C. Dunn, Director of Public Works & City Engineer Improvement Feasibility Report (1975 -5) The following improvement has been investigated and it has been determined that it is feasible and its.construction would be in the best interests and toward the orderly development of the City of Edina: IMPROVEMENT AND LOCATION ORNAMENTAL STREET LIGHTING York Ave. from W. 69th St. to W. 74th St. Hazelton Road from France Ave. to York Ave.. W. 70th St. from France Ave. to Xerxes Ave. ESTIMATED COST $94,952.26 I.hereby recommend that upon acceptance of this report by the City Council on April 7, 1.975 that Public Hearings on this improvement be,zcheduled for May 5, 1975, Respectfully submitted, Robert C. Dunn, P.E. Director of Public Works and City Engineer RCD:jvn cc: Mayor and Council FINDINGS AND ORDER ►� 7 (Repair of Dangerous or Substandard Building Pursuant to Ordinance No. 471) WHEREAS, the Edina City Council held a hearing on March 17, 1975, . pursuant to City Ordinance No. 471, to determine whether or not the building at 5109 West 50th Street, Edina, Minnesota (the "Building "), and on the prem- ises.situated in the City described as follows: Lot 1 and the East 90 feet of Lots 20, 21 and 22, Block 2, "Grand View Heights ". Lots 3 to 7 inclusive, Block 8, "Tingdale Bros' Brookside ". That part of Hopkins Road, vacated, lying between lines drawn across it from the Southeast corner of Lot 7, Block 8, "Ting - dale Bros' Brookside ", to the Northeast corner of Lot 1, Block 2, "Grand View Heights" and from the Southwest corner of Lot 5, in said Block 8, to the Northwest corner of the East 90 feet of Lot 22, in said Block 2, according to the recorded plat thereof, is a dangerous building within the meaning of Ordinance No. 471; and WHEREAS, at the hearing, the facts in connection with the matter were fully presented by Robert J. Buresh, Assistant Fire Chief of the City of Edina, and Theodore Paulfranz, Inspector, Fire Prevention Bureau of the City of Edina, for and on behalf of the City of Edina, and by Robert F. Henriksen, Vice - President of Gus Young's, Inc., for and on behalf of the owner of the Building. NOW, THEREFORE, being fully advised in the premises, the Edina City Council, pursuant to Ordinance No. 471, does hereby make the following r FINDINGS: 1. That on November 18, 1974, an order was issued by Theodore Paul- franz, a member of.the Bureau of Fire Prevention and Deputy Building Official, to Mr. Gus Young and Business Developers, Inc., advising them that the Building was a dangerous and substandard building under paragraphs (a), (10), (g), and (h) of. Section 2 of Ordinance No. 471, because. the Building was in. violation of Sections 505 and 3802 of the Uniform Building Code (the "UBC "), 1973 edition, as adopted by Ordinance No. 404, and Section 14.2 of the Fire Prevention Code (the "Fire Prevention Code ") recommended by the American Insurance Association (Edition of 1970), as adopted by Ordinance No. 611, and ordering installation of a sprinkler system on all areas of the first floor and basement of the Building in conformance with N.F.P.A. No. 13, 1966 edition, as adopted by Ordinance No. 611. 2. That on December 16, 1974, the owner:, of said Building, pursuant to Ordinance No. 471, appealed said order to the Edina City Council by notice of appeal filed with the City Clerk within 30 days after the issuance of the order. 3. That on February 3, 1975, the City Council, based on a'report. given to the Council by Mr. Robert J. Buresh, Assistant Fire Chief of the City of Edina, pursuant to Ordinance No. 471, did find that there was probable cause to believe that the Building was dangerous and ordered a hearing on the matter for March 17, 1975. 4. That notice was duly and properly given, pursuant to Ordinance No. 471, of the hearing held March 17, 1975, such service having been made, by registered mail, at least 10 days prior to March 17, 1975, upon Business Developers, Inc., the owner of the Building; Gus Young's, Inc., the person in real or apparent control of the Building; and Midwest Federal Savings and Loan Association -2 and AMF Incorporated, lien holders of record; that notice of the hearing was also duly posted in a conspicuous place on the Building at least 10 days prior to the hearing date. 5. That the Building was constructed in 1956, and an addition was constructed in 1957. 6. The the Building is constructed of concrete block and prestressed concrete, and the shell of the Building, including the roof and first floor, is fire resistant. 7. That the total number of square feet in the basement of the Building is 5,180 square feet, and that the total number of square feet in the first floor of'the Building is 33,281 square feet. 8. That partitions in the Building separating the various uses within the Building do not have fire - resistive ratings, as required by Section 503(a) of the UBC. .9. That the dividing.walls separating the F -1 uses (i..e., uses for storage garage for motor vehicle) and the C -3 uses (i.e., uses for day care of children) have openings in them, which openings are not allowed by Section 503(c)l of the UBC. 10. That the floor area of the Building exceeds that allowed by Section 13 of the "Building Code of the Village of Edina, Minnesota," as adopted by City Ordinance No. 51, which was in effect in 1956, when the original building was constructed, and also exceeds the floor areas allowed by Section 505(a)'of the UBC now in force in the City. -3- 11. That the ceiling tile presently in the Building exceeds-the flame- spread ratings for ceiling tile established by Section 4204 of the UBC. 12. That the exterior wall openings in the first floor of the Building and the exterior wall openings in the basement of the Building are located in a spacing configuration that does not comply with the pro- ' visions.of Section 3802 of the UBC that would otherwise exempt the Building from the requirement of having an automatic fire extinguishing system. 13. That the basement is used for the storage of lumber and other flammable materials, and that such warehousing, without an automatic sprinkler system, is in violation of Section 3802 of the UBC. 14. That some of the electrical wiring in the Building has not been done in compliance.with the State Electrical Code. 15. That adequate exterior wall openings are required for the purpose of ventilating smoke and heat from the Building, to perform fire- fighting and rescue operations through, and to serve as an emergency means of egress for occupants of, and firefighters operating within, the Building. 16. That because of the excessive square footage in the Building, the excessive flame- spread ratings of the existing ceiling tile, the lack of required fire - resistive partitions between uses within the Building, the existence of openings between dividing walls contrary to the provisions of the UBC, the storage of lumber and other flammable materials.in the basement,, and -the lack of properly spaced exterior openings, the Building is a fire hazard and dangerous to human life, and is therefore a dangerous, unsafe building under Section 203 of the UBC. -4- 17. That the Building is in violation of Ordinance No. 404 and of the Fire - Prevention Code:�adopted by Ordinance No. 611 of the City of Edina. 18. That under Section 106 of the UBC and Section 1.1 of the Fire - Prevention Code, equivalencies are allowed for the fire protection require- ments otherwise established by the UBC and the Fire Prevention Code; that an acceptable equivalency in this case, for all of the above listed code violations other than the electrical wiring deficiencies, is the installation of an automatic sprinkler system throughout the Building. 19. That the present market value of the Building and the land upon which it is situated is $575,000; that the cost of installing an auto- matic sprinkler system throughout the Building is approximately $40,000 that it is anticipated that a fire insurance premium reduction can be anti- cipated by the owner in the approximate amount of 30% of the existing premium. 20. That.the Building can reasonably and economically be repaired so that it will no longer be in violation of any -of the ordinances of the City of Edina. 21. That an automatic sprinkler system can be installed throughout the Building within a period of approximately 90 days. 22. That the owner of the Building is also the owner of the building at 3401 West 69th 9treet,_in which the owner has previously agreed to install an automatic sprinkler system to comply with applicable City ordinances, and that the requirement to install an automatic sprinkler system in both buildings within a short period of time would be an economic hardship on the -owner of the buildings. -5- 23. That the Building is presently, and in the foreseeable future will be, operated on a.24- hours -a -day basis; that there will at all times be persons in the Building to note and warn of any fire that might occur; that the owner has advised the Council that the lumber and other materials warehoused in the basement of the Building that are blocking-exit doors will be removed immediately. THEREFORE, based upon the foregoing findings, the City Council does hereby order: 1. That a complete, automatic sprinkler system be installed in the Building in compliance and conformance with N.F.P.A. No. 13, 1966 edition, as adopted by Ordinance No. 611. 2. That said sprinkler system be completely installed and operative - ►1Y76� - I. That within thirty (30) days from the date of this order, the owner shall have prepared and delivered to the Fire Prevention Bureau of the City of Edina complete working drawings for the installation of the required sprinkler system and a signed contract with a contractor providing for the installation of such system by not later than the date required,:by this order, said construction drawings and said contractor to be acceptable to the Fire • Prevention Bureau. 4. That all of the lumber and other materials warehoused in the basement of the Building that are blocking exit doors shall be removed within thirty (30) days from the date of this order. S. That this order be served u on all persons required by Section. 10 of.Ordinance No.. 471, and be posted in a conspicuous place uporr the Building. -6- RESOLUTION WHERLAS, the.City 'of Edina Parr Board has been aware of the County's highway plans for some five years; and WHEREAS, their total park plan has taken into consideration the taking of this land for right -of -ways; and WHEREAS, a portion of this land with the roadways and bike ways services as a major park egress and ingress;.and. yhiLREAS, the planting plans, as approved by the.Park Board, shows the necessary tree replacement; NOW, THEREFORE, BE IT RESOLVED that the City Council of.. tae :City . of Edina approve the planting plan for County Road 18 andrValley. View Road Interchange, service road and bike ways, as amended and approved by the 'Edina Park Board. ADOPTED this 21,,daay of April, 1975. STATE OF MINNESOTA ) COUMfY OF HENNEPI Q) SS CITY OF EDINA } CERTIFICATE OF CITY CLEI K I, the undersigned duly appointed and acting City Clerk for the City of Edina, do hereby certify that the attached and.foregoing resolution Baas duly adopted by the Edina City Council.at its Regular Meeting of April 31, 1975, and as recorded in the-Minutes of said Regular Meeting. WITNESS my hand and seal of said City this 29th day of April, 1975. City Clark '/�� 9 z i M E M O R A N D U M April 18, 1975 MEMO TO: Mayor Van Valkenburg Council Members Mr. Warren C. Hyde FROM: Ken Rosland, Director Park and Recreation Department SUBJECT: County Road #18 and Valley View Interchange The Park Board considered the final plans and planting plans of the Valley View and County Road #18 interchange. In order to file their environmental impact statement, the County must have a resolution from the Park Board and Council approving the plan. There can be no land negotiations by the County for purchasing City land until the environmental impact statement has been filed and approved. The County showed us a planting plan which I proceeded to have our Forester upgrade the plan and add additional shade trees as I felt more were needed. Park Board was shown the upgraded planting plan and then passed the following resolution: FWHERI,,EAS the City of Edina Park Board has been aware of the County's highway plans ome five years and; AS their total park plan has taken into consideration the taking of this land for right of ways and; WHEREAS a portion of this land with the roadways and bike ways services as a major park egress and ingress and; WHEREAS the planting plans, as approved by the Park Board, shows the necessary tree replacement; , NOW THEREFORE BE IT RESOLVED the City o-F Ed i i,a- PaFk Beard rye" <g the County Road #18 and Valley View .interchange, service road and bike ways. 0.,o M E M O R A N D U M April 18, 1975 MEMO TO: Mayor Van Valkenburg Council Members Mr. Warren C. Hyde FROM: Ken Rosland, Director Park and Recreation Department SUBJECT: County Road #18 and Valley View Interchange The Park Board considered the final plans and planting plans of the Valley View and County Road #18 interchange. In order to file their environmental impact statement, the County must have a resolution from the Park Board and Council approving the plan. There can be no land negotiations by the County for purchasing City land until the environmental impact statement has been filed and approved. The County showed us a planting plan which I proceeded to have our Forester upgrade the plan and add additional shade trees as I felt more were needed. Park Board was shown the upgraded planting plan and then passed the following resolution: WHEREAS the City of Edina Park Board has been aware of the County's highway plans for some five years and; WHEREAS their total park plan has taken into consideration the taking of this land for right of ways and; WHEREAS a portion of this land with the roadways and bike ways services as a major park egress and ingress and; WHEREAS the planting plans, as approved by the Park Board, shows the necessary tree replacement; NOW THEREFORE BE IT RESOLVED the City of Edina Park Board recommend approval of the County Road #18 and Valley View interchange, service road and bike ways. .�� _ association of metro olitan municipalities 300 hanover bldg. 480 cedar street BOARD OF DIRECTORS St. paul• minnesota 55101 16121222.2851 President April 7, 1975 Elliott Perovich Anoka Dear Mayor: Vice President Clyde Allen In recent days there has been considerable discussion, some Bloomington controversy and much misunderstanding about a comprehensive Jack Bailey planning bill that is being considered in Committees of the Minnetonka Legislature, Many of you received a very misinforming and anonymous letter from some unidentified source in recent days. Steve Bernard Therefore, it is important that you understand clearly the White Bear Lake role and involvement that the Association of Metropolitan Richard Brennan Municipalities (AMM) has played relative to this comprehen- Roseville sive planning bill. Frank Brixius The AMM' s involvement started in July of 1974 when Elliott Greenwood Perovich, AMM President, sent a letter to the membership Jim Cosby asking for local officials (elected and administrative) to Hastings serve on policy study committees. The Metropolitan Agencies Committee, chaired by Clyde Allen, AMM Vice President, and Wayne Courtney consisting of 25 local officials was formed to stud and Edina bring forth recommendations relative to comprehensive planning Louis DeMars and the need for coordination and a clear definition of the Minneapolis relationships between and among various units and levels of Frank Fleetham government with respect to land use planning, (All officials St. Louis Park who offered to serve were appointed to the committee). Thomas Kelley Simultaneously, the separate Development Framework Committees St. Paul . of the former Metropolitan and Suburban Leagues were meshed Duane Miedtke together under the co- chairmanship of Peter Enck, New Hope St. Anthony Councilman, and Orvil Johnson, 13endota Heights Administrator, to continue their monitoring and study efforts as it related Bruce Nawrocki to the Development Framework Chapter being formulated by the Columbia Heights Metropolitan Council. Josephine Nunn Champlin The merged Development Framework Committee and the Metropoli- tan Agencies Committee met separately but on a weekly basis Roger Peterson for several months (about 15 meetings for each committee) and Cottage Grove brought forth a number of recommendations which were adopted Donald Poss by the Board of Directors. These recommendations were then Brooklyn Center brought to the AMM general membership on December 12, 1974. for consideration. Three key recommendations that relate to Lyall zkopl the planning process and development framework were adopted Minn apolis Minneapolis without dissent by the full membership. John Christensen St. Paul -1- Executive Director Vern Peterson hese policies are: urge the Metropolitan Council to adopt and to the Legislature VI -1 g to approve a definition of metropolitan significance based on deviations from planned metropolitan physical public service systems and /or deviations from local comprehensive plans which adversely affect the metropolitan physical public service sys- tems. VI -2 Further, we urge legislature to re� cal comprehensive p lans sources, to accomplish such local plans. VI -3 Further, we urge the legislature to limit any new approval authority over local comprehensive plans to those aspects of said plans that impact the metropolitan physical service sys tems. Using these adopted policies as the directive, the officers of the Association and I began meeting with JhBoland and key mekberstof his staff to get our input into the planning were preparing. These discussions were carried on for nearly three months, through several different proposed drafts of the bill. The discussions were very fruitful, much to the credit of John Boland and the result is a bill that recognizes the the public-investment in the reg ional p hysicalservce but also protects the right and responsibility of local units of gov- ernment to plan their community within this overall regional frame - work to meet the specific needs, desires and hopes of its citizens. There are several key factors involved in this process that you should clearly understand: 1, There are powerful forces in this legislature that would like to pass a bill that is much stronger in favoring the metro interests as opposed to the municipal interests. (Need I remind you that the legislature passed a.levy limit law in 1rem that did a lot of violence to local sovereignty). 2. The officers and staff of the AMMeaat aopos tionythatdiso hold off those forces and to arr V consistent with the policies adopted by the full membership. As is the case in any compromise, no one is totally happy with every word or sentence or phrase but, if after arriv- ing at a workable solution, you do not follow through in good faith you forever lose your credibility and effective- ness. While this is a compromise bill, the AMM olic ositions are not compromised nor is the authority and responsibility of local governmental officials to plan their own communities in any way compromised, but it does mandate that you exercise your responsibilities. 3. You should be aware that it-is only through the strength generated by a large united umbrella group, such as he Association., that.municipalities are in a position to ef- fectuate compromise.. -2- 4. I� Legislative policies and programs of the Association are formulated by you as a Mayor, Council-person or Administrative official. Enclosed is the latest version of the bill that is being considered by Legislative Committees of both the House and Senate. The bill has been endorsed by the Board of Directors of the Association, and we hope that you, too, will support this effort. In addition to Elliott Perovich and Clyde Allen, Don Poss, Manager of Brooklyn Center, and Chris Cherches, Manager of St. Louis Park, have been instrumental in turning a bad bill into a good bill. Please do not hesitate to contact any of.the above or myself should you have questions relative to this planning bill. Thank you for reading this letter which is much too long, but I wanted to lay out in detail the process that has led to the support of this bill by the AMM Board of Directors. VP:sb cc: Managers, Administrators, Clerks. -3- Sincerely yours, Vern Peterson Executive Director ORGANIZED JUNE 2. 1928 ... CHARTERED BY NATIONAL SAFETY COUNCIL tiORTH =nV E: SERVICE 315 OFFICES DRIVER IMPROVEMENT CLINIC AREA ?A3 :'!SS: 3E EA BUILDING SE 315 HAMM BUILDING 412 WCCO BUILDING DULUT i. 'I� \cSrJ7A 55�•J2 SAINT PAUL, MINNESOTA 55102 MINNEAPOLIS. MINNESOTA 4 55402 2'2!722.1453 6121291-9150 April 149 1975 Mr. Mayne Bennett Chief of Police 4801 W. 50th St. Edina, Minnesota 55424 Dear Mr. Bennett: A FULL SERVICE SAFETY COUNCIL • Occupational Training • Defensive Driving Courses • Home Safety Programs • Public Safety Projects • Information Service DISTRIBUTOR — NATIONAL SAFETY COUNCIL MATERIALS Congratulations) The City of Edina has been selected to receive the 1974 Outstanding Achievement Award in Traffic Safety Enforcement. The Awards Committee has asked me to compliment you on your high level of achievement. Presentation of your award will be made at the Governor "s Safety Award Banquet at the Hilton Hotel in downtown St. Paul on Tuesday, 'May 13, 1975, beginning at 6:30 p.m. Necessary forms for advising us of the recipient and for banquet and luncheon reservations are enclosed. Please select the individual who will accept the award and advise us as soon as possible. We are enclosing a copy of our program and issue a warm invitation to other members of your organization to attend the exceptional safety programs which will be presented. There is no registration fee. Please let us know the names of the people who will attend and also make their reservations for the banquet and luncheon. We will look forward to your early reply. Sincerely, riINNF, A SAFETY COUNCIL, INC. Ro ert L. Anderson Executive Vice President RLA;ers enclosures cc: The Honorable James Van Valkenburg OFFICERS' Chairman of the Board—LAWRENCE F. HAEG. President, WCCO Radio - Television • President —SYLV ESTER LASKIN, Chairman of the Board, P,t�nntsota Power and Light Company • Vice Presidents— PHILLIP W. BUDD, Vice President, Administration and Engineering, The Northwest Paper Division, Potlatch Corporation • JAMES V. JENSEN. Vice President, Residential Division, Floneywall, Inc. • J. C. LANDEN, Vice President, Traffic Control Products, 3N Company • HONORABLE ROGER LA'JFENBURGER, State Senator • ROLAND D. WILSEY. Executive Vice President, Indianhead Truck Lines, Inc. • Secra:arY —MRS. H. O. GALSTAO, Secretary Treasurer, Austin County Safety Council • Treasurer— HONORABLE JAMES F. LORD, State Treasurer • Past President —J. D. WHITE. retired, Northwastern Boll Telephone Company • Executive Vice President— ROBERT L. ANDERSON, Minnesota league of minnesota municipalities !lil�J 1 TO: Managers and Clerks in Cities with Substantial Railroad Operating Property SUBJECT: Proposal to Tax Railroad Property on an Ad Valorem Basis DATE: April 17, 1975 Recently a number of cities which have considerable railroad operating property have been contacted by the Minnesota Railroads Association soliciting support for H. F. 676 (S. F. 691), which would tax railroad operating property on an ad valorem basis, in lieu of the present gross earnings tax. The League legislative policy on the taxation of railroads states ". . . League opposes taxing railroad property on an ad'valorem basis unless railroads would be assessed on a basis which is comparable with other real property, the method of allocating the assessed value to local subdivisions is fair and equitable, and the present levy limits are relaxed to permit local subdivisions to receive some substantial portion of the ad valorem taxes levied on railroad property." The railroad bill adequately addresses only one of these problems. For your information, I have enclosed a copy of "A POSITION PAPER ON THE TAXATION OF RAILROADS AND THE DISTRIBUTION OF THE RESULTING REVENUE ", which was approved by the League Board of Directors last September. It provides the arguments underlying the League legislative position in opposition to the railroad bill. I request that this position paper be made available to the members of your city council before any action is taken on the railroad bill. After examining the arguments, I hope that they will support the League position. If we are to be realistic, I think we must examine the railroad proposal not only on its merits as an isolated item, but also in relation to its possible effect upon other legislative proposals. I refer specifically to the Governor's proposal to distribute all of the telephone and railroad gross earnings taxes to local governments with half the money as spendable dollars in 1976 and thus easing of the effects of levy limits. MY own assessment is that if the railroad bill passes, it will seriously ,jeopardize the Governor's proposal. Obviously, each city must make its own decision. But everyone should also recognize that cities have a lot at stake in the legislature and that there are very strong arguments in favor of presenting a unified front. Sincerely, Dean A. Lund Executive Director DAL /eb Enc. 300 hanover building, 4130 cedar street, saint paul, minnesota 55101 C6123 222 -2661 1111� 111e� league of minnesota municipalities IIlI�J Approved by the LMM Board of Directors, September 14, 1974* A POSITION PAPER ON THE TAXATION OF RAILROADS AND THE DISTRIBUTION OF THE RESULTING REVENUE I. Introduction The manner in which railroads should be taxed in Minnesota and how the resulting revenues should be used or distributed has become the subject of considerable interest during the last two or three years. Two laws were enacted during the 1973 -74 session of the legislature which related directly to this subject. One made railroads subject to the Minnesota corporate income tax, which was not previously the case. The other cleared the way for the subsequent passage of a constitutional amendment which removed from the state constitution the gross earnings tax on railroads, thus allowing the legislature to determine the type and level of taxation for railroads as it does for other industries. Another bill which was introduced during the 1973 -74 legislature would have repealed the present gross earnings tax and taxed railroad property on an ad valorem basis. This bill was sponsored by the Minnesota Railroads Association and has been reintro- duced in the current session of the legislature as H. F. 676 (S. F. 691). Implicit in this bill are two basic policy questions. First, shall railroad real property be taxed on an ad valorem or a gross earnings basis? Second, should all or a major part of the resulting revenues be distri- buted to local units of government? The purpose of this paper is to explore these two questions with par- ticular emphasis on the impact the answers would have upon those municipalities with significant rail- road property. II. The Basis for Taxing Railroad Property - Ad Valorem or Gross Earnings? Ad Valorem Taxation Those who advocate the taxation of railroad property on an ad valorem basis stress the argument * This position paper has been updated subsequently, but neither the basic rationale nor the recommenda- tions have been changed. 300 hanover building, 480 cedar street, saint paul, minnesota 55101 C6121 222 -2e61 -2- that in the present economic environment there is no justification to single out railroads for special tax treat- ment. Since the vast majority of industrial property including the other segments of the transportation in- dustry is taxed on an ad valorem basis, the railroad industry should be treated on a basis comparable to other industries. When the gross earnings tax was placed in the Minnesota Constitution some one hundred years ago, railroads had an effective monopoly on transportation. In this context, questions of tax equality or neutrality between competing modes of transportation did not arise. However, since railroads no longer enjoy such a monopoly, so the argument goes, they should be taxed on a basis which is comparable to other parts of the transportation industry. The underlying inference of the argument is that the gross earnings tax on railroads is discriminatory and results in an unduly heavy tax burden. However, the figures used by the Minnesota Railroads Association during the 1973 -74 session of the legislature indicated that the sum total of the taxes which would be paid by the railroads if they were subject to the Minnesota corporate income tax and ad valorem tax on their real property would be approximately equal to the 5 percent gross earnings tax, although the tax impact on individual railroads would be sharply different between the two methods of taxation. Consequently, as of that time their own figures did not indicate a disproportionately heavy tax load on the railroad industry as a whole. More recent estimates of the Minnesota Railroad Association indicate that enactment of their bill would have reduced their 1975 taxes by nearly S3 million. However, even if it could be demonstrated (which it has not been) that the total taxes paid by the railroad industry are higher than they should be, the rate of the gross earnings tax could be adjusted downward rather than changing the method of taxation. Three additional points need to be emphasized when discussing shifting to an ad valorem basis of taxa- tion. First, changing the basis of taxing railroad real property from gross earnings to ad valorem would not result in treating railroad property the same as other real property for tax purposes. This is because the proposed method of assessment is not comparable to those used for-other types of real property. The bill sponsored by the Minnesota Railroads Association would have the Commissioner of Revenue establish the value of railroad property on a "unit" basis - that is, as an organism or system more or less independent of the value of its parts. There are arguments which can be made for this approach as distinct from having local assessors value each piece of railroad property individually as is done with most other industrial property. The important point, however, is that even if the ad valorem basis of taxation is used, railroad property will not be treated as other property for tax purposes. The "unit" basis is not used for any other type of real property in Minnesota. Furthermore, there is reason to believe that the use of this -3- method would result in taxable values for railroad property that would be substantially less than comparable property that is under other ownership. This arises from the fact that none of the methods to be used to establish the unit value of a railroad (i. e., capitalized value, the market value of stock and debt, and histori- cal cost depreciated) bears any direct relationship to the market value of its real property. The fact that rail- road earnings have been depressed for a number of years would probably result in establishing unrealistically low values for railroad property if a "unit" basis is used. Second, experience in other states indicates that a great deal of litigation often results from using the ad valorem basis of taxing railroad property, while there has been very little litigation in recent years stemming from the gross earnings tax. While this may not be a determining consideration in deciding for or against ad valorem taxation, litigation is expensive and time consuming and should be avoided where possible. Third, shifting to an ad valorem basis of taxation for railroad property would not serve to encourage rail- roads to make efficient use of the land which they hold. Historically, railroads have been notoriously ineffi- cient in the way they have used their land. In part this has been because under the gross earnings method of taxation, no tax was collected on land which was unused or under utilized. One of the advantages normally associated with ad valorem taxation is that it encourages land owners to put their land to the "highest and best use ", since that is the basis upon which its value is determined for tax purposes. However, if the "unit" basis of establishing value is used, this advantage is completely lost, since the inefficient use of land would not significantly-affect the value of a railroad as an economic unit. . Gross Earnings Taxation Perhaps the most persuasive argument in support of gross earnings taxation is administrative simplicity. Certainly the experience in Minnesota would support this argument and when the virtual absence of litigation is added, this argument becomes very convincing indeed. Another argument favoring gross earnings taxation is that the revenue tends to increase in response to inflation without adjusting the rate, just as is the case of the sales tax and income tax. Typically, ad valorem taxes respond much more slowly to inflationary forces, and if the "unit" basis were used to establish the market value as is advocated by the Minnesota Railroads Association, it is unlikely that the revenue would increase at all over time unless the.earnings of the railroads increased significantly: The disadvantages most commonly cited by the opponents of gross earnings taxation is that, as noted above, it subjects those industries affected to special tax treatment. However, this argument is less valid in Minnesota than other states because telephone property is also taxed on a gross earnings basis and at a rate -4- (7 percent in urban areas) which is higher than that currently applied to railroad property. Furthermore, as indicated above, the legislature can adjust any inequities which may arise by adjusting the rate of the gross earnings tax. In summary, while it seems clear that a change from gross earnings to ad valorem taxation would benefit the railroads for the foreseeable future, it is not clear that the railroad industry is being discriminated against or is bearing an unduly heavy tax burden. In view of this and the administrative advantages and the growth factor inherent in gross earnings taxation, the evidence would seem to clearly favor retaining the gross earnings tax on railroad property, in lieu of ad valorem taxation. I11. The Case for Distributing the Railroad Gross.Revenue to those Municipalities with Significant Railroad Property Since the railroads have become subject to the Minnesota corporate income tax as a result of legislation passed in 1974, the gross earnings tax on railroads is clearly in lieu of ad valorem tax. In Minnesota, ad valorem taxes have been used to finance those services provided by local units of government. Indeed, since 1967 the state as a matter of policy has not levied any ad valorem taxes for state purposes. However, all of the revenue from the gross earnings tax on railroads goes to the state treasury, thus constituting one of the major exceptions to the prevailing policy. Railroad property, just as other industrial property, benefits directly from certain services provided by local units of government such as police and fire protection and the construction and maintenance of streets. Yet, as noted above, these local governments receive no revenue from railroad property to pay for these services. The net effect is that the taxpayers in those units of local government which must provide services to railroad facilities must bear an additional tax burden to finance these services. If railroad property were more or less evenly scattered throughout the state and if the services in ques- tion were provided by all local units of government, then no great injustice would result. However, this is not the case. The marshalling yards and repair facilities as well as the office buildings tend to be concentra- ted in certain cities within the state. In addition, the cost of the services provided to these railroad proper- ties falls primarily upon municipal government. The inequity of the situation becomes clear when the cost burdens of the various units of local govern- ment are compared. As indicated above, the railroad property which requires services such as police and fire protection and the construction and maintenance of streets is concentrated almost exclusively within incorporated municipalities. In contrast, townships provide little if any service to railroad property even iurisd -5- county highways may be considered of general benefit to railroads as well as shippers, much of these costs are funded by County State -Aid funds, rather than local property taxes. Finally, since approximately 70 percent of the school maintenance costs are already funded by the state, it would hardly seem necessary to distribute gross earnings funds to affected school districts. In short, a strong case can be made that an injustice is being visited upon the taxpayers of those munici- palities which contain a significant amount of railroad property and that all or a major part of the railroad gross earnings tax should be distributed to them in order to remedy this situation. Possible Bases of Distribution In considering possible bases for distribution, the factor or factors used should permit us to make a reasonable and valid determination concerning which municipalities have "significant" railroad property and which do not. Furthermore, since the railroad gross earnings tax is in lieu of an ad valorem tax, it would seem reasonable to distribute the funds by a formula which will reflect the relative value of the railroad property in each of the affected municipalities. Thus, if possible, the distribution formula should include factors which reflect land area and!or the value of land and improvements. There are very real limitations in the data which are available for this purpose, however. For example, there are no readily available data concerning the amount of railroad land which exists in each municipality, and whether such data could be developed at reasonable cost is not known. Data on the number of miles of track in each county, however, are available, and they could probably be obtained for a limited number of municipalities without inordinate effort. Thus, it might be possible to use miles of track as a rough measure Of land area, if it is not possible to obtain accurate data on the amount of railroad land in each municipality. In terms of the value of land and improvements, once again there are no data that accurately reflect the current or market value of railroad property. However, the book value of such property is available and pro- bably could be obtained for a limited number of municipalities. Another possibility is to use an index of property value such as average assessed value in each municipality together with a factor indicating the amount of land area. For example, the number of miles of track (or the number of acres of land, if available) could be multiplied by the average assessed value to obtain an index of the relative value of rail- road land in each of the affected municipalities. A number of other plausible alternatives exist that should also be explored including the distribution formula proposed by the Minnesota Railroads Association as a part of their ad valorem tax bill. Need for Further Research It is clear from this discussion that it is not possible to develop a distribution formula which will scienti- fically apportion the value of railroad property among the affected municipalities. It is probably possible, however, to develop a distribution formula which will apportion the revenues among the affected municipali- ties in a reasonably equitable manner. But a good deal of research will be necessary in order to explore and evaluate the several alternative distribution formulas which are at least theoretically plausible. Furthermore, the active cooperation of the railroads will be essential if this research is to be successfully concluded. In view of this, it is highly unlikely that the League could successfully complete such a project in time for con- sideration by the 1975 session of the legislature. Therefore, the League should actively solicit the cooperation and assistance of the Department of Revenue and /or the legislative research staff in pursuing this matter. NOTE: The Department of Revenue subsequently agreed to explore alternative distribution formulas for the railroad gross earnings tax. Unfortunately, the Minnesota Railroads Association refused to provide the necessary information. DAL:ls 4/17/75 co ems d, — C c� A 41 -A 14 LA c (f COACH: Spencer harness Name Staves, Patrick Deegan, Timothy Calvert, Scott Simpson, Todd Overholt, Ji l l ie Adams, Greg Schoenbng, Kent 1973 SUMMER BASKETBALL 3rd and 4th Grade DOGS HUSKIES 6800 Dakota Trail 941-3577 ,Address Phone kit. ®t. 6813 St. VatriZss Ln (35) 9 1°3+ -55 4°1118 6608 Salle Larne (35) 941 -6045 414B1 66 V21 Schey Dr. (35) 941-4335 4'8" 78 6914 Paiute Dr. (35) 941 -2904 Overholt Pass 40 75 5729 Kenrich Dr. (35) 941 °7907 407°° 68 6004 Chapel Dr. (35) 941 -6276 55 HUSKIES l ,f-. m l �z� Mr. C. Johnson seconded the motion. All voted aye. Motion carried. LD -73-6 Rolland G. ,Thompson. 4539 Meadow Road. Lot 3, White Caks 7th ' Addition. — ----- - - - - -- -- -- _— -- Mr. Luce explained the request to divide a small tricngular piev:2 of land from Lot 3, White Oaks 7th Addition (4539 Meadow Road) and add it to the 13t to the south (4601 Meadow Road) would improve the configuration of the existing lots end provide a more adequate side yard setback. He recommended the division be app - 'roved for the reasons stated in the staff report. Following brief discussion, Mr. Rughea made a motion to approve ,sIae � equ�lsted lot division. Mr. C. Johnson seconded the motion. All voted aye. Motion car ---ied. III. SUB1DIVISIONS: S ®73 ®4 Braemar Parc. Generally located on. the east corper of Talley View Road and Mark Terrace Drive. Tract A, R.L„S© 'No. 1246. (Continued from 5- 30-73) _ Mr. Lewis read a letter received from Mr. Gordon H. Ferguson, 7132 Mark Terrace Drive, objecting to the proposed four lot subdivision. Mr. Luce located the heavily wooded property and prevented a tepDgraphic map indicating a 50 foot fall from the top to the bottom of the slope. F''e stFa' -ed the four lot subdivision requested, identical to that discussed at the May 30, 1973, Planning Commission meeting, would not fully meet the ordinance setback requirements, would constitute a significant degredation of the site, and would not be comparable to the lots to the north, which were platted into larger lots than required. In addition, cA m T COACH: Spenser Iderness P ame staves, Patrick Deegan, Timothy Calvert, Scott Simpson, Todd Overholt, 411110 Adams, Greg Steen €ng, Kent 1973 SUMMER BASKETBALL 3rd and 4th Graeae DOGS HUSKIES 6800 Dakota Trail 941 °3577 Address Phone Ht. ®t. 6813 St. Pati-icks Ln (35) 9 9F55 Vi I" ffi0 6608 Sally Lane (35) 941 -6045 414" 66 7121 Scheg1, Dr. (35) 941 -4335 108" 78 6914 flalutd Dr. (35) 941®2904 s Overholt Pass (35) 944 -1610 40 75 5729 Kemr i ch Dr. (35) 94111-7907 07" 68 6004 Chapel Dr. (35) 941-6276 55 HUSKIES RESOLUTION WHEREAS, the City of Edina has had a local health program since 1962 and has devoted several hundreds of thousands of dollars into the pro - gram and has continued to expand and develop the program since its beginning; and WHEREAS, House File.645 would establish a statutory procedure for the formation of a County Health Agency which could absorb or govern our local health program without municipal representation; and WHEREAS,. House File 645 mandates the establishment of an independent Health Board and Advisory Health Council which is inappropriate to the governmental structure of the participating cities; and WHEREAS, House File 645 would allow for the infringement upon.statu- tory housing and redevelopment authorities and advisory committees related to_ public health, environmental health and housing; and WHEREAS, House File 645 could substantially increase the per - capita cost charged for service without providing a proportional, measurable increase in services actually provided to the City; and WHEREAS, the City would not be able to clearly direct the continued development and control of its program; and WHEREAS, the intent of the act is to deal with sparsely populated, out - state counties, and not for the complex, populated counties of Hennepin and Ramsey, and the communities contained therein; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina: 1. To oppose House File 645 to the extent that it would prohibit the City of Edina from continuing a municipal health program which it has developed and to urge that amendments be made to House File 645 to insure the continued existence and local muni- cipal control of health programs`in a community or group of communities with an aggregate population of at least 45,000 persons. 2. To direct that copies of this resolution be transmitted to the Governor or the State of Minnesota, to members of the State Legislature representing the City of Edina, to the authors of House File 645, to the members of the House Appropriations Com- mittee and to the Commissioner of Health of the State of Minnesota. J RESOLUTION NO. �1 RESOLUTIO14 OPPOSING HOUSE FILE 645 REGARDING ESTABLISHING COMMUNITY HEALTH SERVICES: WHEREAS, the City of dal has had a local health program since 196, and has devoted several hundreds of thousands of dollars into the program,.and has continued to expand and develop the program since its beginning; and WHEREAS_, the City of Crystal has shown foresight in the establishment (of a Joint Powers- Health—a -encv with the cities of Brooklyn Center and Brooklyn Park to coordinate – activities and ve cooperation between municipalities; and WHEREAS, H. F. 645 would establish a statutory procedure for the formation of a County Health Agency which could absorb or govern our joint .powers program without municipal representation, and WHEREAS, H. F. 645 mandates the establishment of an independent Health Board and Advisory Health Council which is inappropriate to the governmental structure of the participating cities, and WHEREAS, H. F. 645 would allow for the infringement upon statutory housing and redevelopment authorities and advisory committees related to public health, environmental health, and housing, and WHEREAS, H. F. 645 could substantially increase the per capita cost charged for service without proviaing a proportional, measurable increase in services actually provided to-the city, and WHEREAS, the City would not be able to clearly direct the continued development and control of its program, �r -2- ..WHEREAS, the intent of the act is to deal with sparsely populated, outstate counties, and not for the complex, populated counties of Hennepin and Ramsey, and the communities contained therein; NOW, THEREFORE, BE IT RESOLVED By the City Council of the City of Crystal: 1. To oppose H. F. 645 to the extent that it would prohibit the City of Crystal,, ",from continuing a municipal health program which it has developed, and to urge that amendments be made to H. F. 645 to insure the continued existence and local municipal control of health programs in a community or group of communities with an aggregate population of at least 45,000 persons. 2.. To direct that copies of this resolution be transmitted to the Governor of the State of Minnesota, to members of the State Legislature representing the City of Crystal, to the authors. of H. F. 645, to the members of the House Appropriations Committee, and to the Commissioner of Health of the State of Minnesota. 63143 z ?9 All KC 3143 Messrs. Bang and Ogdahl introduced- - S. F. No. 1405: Referred to the Committee or, METROPOLITAN AND URBAN AFFAIR: A bill for an act 2 relating to the city of Edina= establishing terms 3 for certain mun'iciPal offices. 4 BE IT ENACTED By THE LEGISLATURE OF )THE STATE OF MINNESOTAS 5 Section 1, Beg inn i -v4-t44- -thL&-m-Lmj,—,i-p�a1 elections in -f6 ✓. 6 1976 -in the city of E61nar three t-r-Al -mss s hall be elected, 7 The two candidates fw_t= 1�at- -, -��� receiving the hi.5he,st 8 number of votes shall serve for four years. The candidate 9 receiving the third highest number of votes shall serve for 10 two years, The mayor shall be elected for a four year term, 7� C L r:; SUMMARY METROPOLITAN DEVELOPMENT PLANNING BILL Section 1 - Legislative Findings and Purpose. Section 2 - Definitions. l/ 1 _ l • Section 3 - Advisory Metropolitan.Land.Use Committee may be established by the Coutacil so that representation is included from all metro counties. Section 4 - Guidelines are to be prepared by the Metropolitan Council to implement this bill.. Section 5 - Metropolitan Systems Statement, to be sent by the Council to each local government unit, will include a description of airport, sewer, transportation, and recreation open space facilities for that unit with the projections used by the Council to determine those facilities.. Each local governmental unit may require the Council to conduct a hearing on its metropolitan systems statement. Section 6 - Comprehensive Plans are to be prepared by local government units and then submitted to the Council for review within three years following receipt of metro systems statement. Section 7 - Comprehensive Plan Content includes a land use plan, a public facilities plan, and an implementation program. Section 8 - Counties are to prepare comprehensive plans of towns within their juriddic- tion that choose not to do so_ Section 9 - Council Review of Comprehensive Plans. The Council may require a local government unit to modify its comprehensive plan only where the comprehensive plan does not conform with metropolitan airports, sewer, transportation and recreation open space systems. Section 10 - Adoption and /or Amendment of Plans will follow procedures stated in this bill. Section 11 - Implementation of Comprehensive Plans will occur through the adoption of official controls by local governmental units. Section 12 - Planning Assistance, Loans, Grants will be available from the Council to aid in local governments preparing comprehensive plans. Section 13 - Extension of time to fulfill these provisions is possible of undue hard- ship is determined. Section 14 - School Districts; Capital Improvement Program. School districts in the metro area shall submit a capital improvements program for proposed new school sites, buildings, and building additions greater than $200,000 to the Metropolitan Council for review and comment. Section 15 - Inter.im Ord.i.nances may be adopted before the comprehensive plan is approved and adopted. Section 16 - Bill refers to M.S. 1975,-Chapter 13. Section 17 - Effective Date will he the day following; final enactment. MC 1 rA TJ1ORIT / �- ,.:PURPOSE, DEFINITIONS. ,q WN -1.00( ) Authority. These regulations are promulgated by the f ii- metropolitan council pursuant to authority granted by � Minnesota Laws, 1974, Chapter 422. (b).Purpose. The purpose of these regulations is to .establish standards to guide the metropolitan council in determining whether public or private proposed matters to be sited within the metropolitan area are of metropolitan significance and a procedure for the conduct of a review of any.proposed matter to determine its significance. It is the goal/ of these regulations to assure that the total effect of a proposed matter of metropolitan significance is considered and the orderly and economic development of the area is promoted, thereby protecting the health, safety and welfare of the residents of the area. (c) Definitions. As used in these regulations, the following terms shall have these meanings: (1) "Adjacent Governmental Unit" means all local governmental units and independent commissions whose jurisdic- tion includes or adjoins, in whole or in part, that of the situs governmental unit(s). (2) "Advisory Metropolitan Land Use Committee" or "Advisory Committee" means an advisory committee established by the Council comprised of sixteen (16) officials of .local governmental units, one from each council district, and a chairperson. (3) "Airport Master Plan" means a land use and development _plan for an airport containing descriptions of at least the following: the real property comprising the airport, aircraft noise zones, and airport air space zones. (4) "Chairman" means the chairman of the metropolitan council. (5) "Local Comprehensive Plan" or "Comprehensive Plan" means a comprehensive plan for a county adopted pursuant to Minnesota Statutes Chapter 394 and a comprehensive plan for a municipality adopted pursuant to rknesota Statutes Chapter 462. which, in addition, contains any required pursuant to a law regarding comprehensive plan content_ enacted prior to the effective date of these regulations. (6) "Construction has commenced" means X -2- (7) "Final determination" means any preliminary conclusion which finds that a matter shall not be given a comprehensive review and all final conclusions. (8) "Independent Commission,- Board or Agency" or "Independent Commission" means governmental entities with jurisdictions lying in whole or in part within the metropolitan area but not including the metropolitan commissions referred to herein. (9) "Intiator" means any person requesting the initiation of a metropolitan significance review pursuant to MC 4(a) herein. (10) "Local Governmental Unit" or "Unit" means all cities, towns and counties located in whole or in part within the metropolitan area. (11) "Metropolitan Areall or "Area" means the area over which the metropolitan council has jurisdiction, including only the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott and Washington. (12) "Metropolitan Commission" or "Commission" means the metropolitan waste control commission, the metropolitan transit commission, the metropolitan parks and open space commission, and such other metropolitan commissions as the legislature may hereafter designate.. (13) "Metropolitan Council" or "Council" means the metropolitan council established by Minnesota. Laws 1975, Chapters 13, Section 3. (14) "Metropolitan Plans" means metropolitan development guide c ter,,, policy plans, development programs and capital budge s4a;� �'ur approved by the metropolitan council pursuant to Minnesota Laws 1975, Chapter 13. (15) "Metropolitan Significance Review" or "Significance Review" means a review conducted by the metropolitan council pursuant to these regulations (16) "Metropolitan.Transportation Facility" means transit br transportation modes and structures, including streets, roads, highways, interchanges and stations owned, constructed -or operated by any public agency in the metropolitan area. . (17) "Party" means a person �r�•A- }��Z�T' -� a -* °� r ^_ j; cjnjLiGppy the in1 at r A sponsor and a situs governmental unit(s) and all other rac&�•ti' t governmental units or persons submitting preliminary review s'tatemen'ts pursuant to MC 5(b)(2) with regard to a proposed matter, and persons admitted as parties pursuant to MC 7(g). -3- (18) "Person" means an individual, firm, association, trust,. partnership, joint venture, public-or private corporation, the metropolitan council, a metropolitan commission, a local governmental unit, an independent commission, state agency, or any other entity, public or private, however organized. (19) "Private Sewer Facility" means a- single lot, multiple lot or other sewage collection or treatment facility: owned, constructed, or operated by any person other than a local governmental unit or the metropolitan waste control commission. (20) "Proposed Matter" or "Matter" means a project or action involving the construction, installation, establishment, siting, demolition, reconstruction or improvement of any structure or facility or the drilling, extraction, clearing, excavating or other alteration of any ,lands or waters, planned or proposed to be .undertaken, by any,person, in whole or in part, within the metropolitan area. (21) "Public Agency" means a local governmental unit, .metropolitan commission, independent commission;�state agency, (22) "Public Sewer Facility" means sewage collectors, -' trunk lines, interceptors, treatment works and any other sewage collection and treatment facility owned, constructed or operated by the metropolitan waste control.commission or by a local governmental unit. (23) "Review Period" means the ninety (90) day period for a metropolitan significance review prescribed by law which begins with the issuance of an order to commence a significance review pursuant to MC 4(c) and automatically terminates on the ninetieth day following unless an extension or suspension of the review period is authorized pursuant to these regulations. (24) "Service" or "Serve." means the transmission of written matter by U.S. mail, postage pre -paid, addressed to a person or party at his last known address. (25) "Sewage" means all liquid or water carried waste products from whatever source derived, together with such ground water infiltration and surface water as may be present. (26) "Sewage Effluent" means treated sewage. -4- (27) "Situs Governmental Unit" means the local governmental units) within which a proposed matter is or will be located. (28) "Sponsor" means any person proposing to under- take or develop a proposed matter. (29) "State Agency means the state of Minnesota or any agency, board, commission, dep artment or educational institution thereof. (30) "Subdivision of Lmornlotseofllessothan land into or more parcels acres in size. �(31) "Vehicle Trip" means a a4�e --way journey by motorized vehicular means between two points. (,3-2y "Practical Service Capacity" mean's the maximum number of vehicles that can pass over a section of or inter - change on a principal or minor arterial highway during a specified time period while operating conditio t such as speed :rvo ume correspond to specified 'design "-'and eve of service. (3 "official Controls" means legislate o-1 cefined and enacted o anres and regulations aining policies, procedures, standar maps, con.' ons and other criteria. which control the physica elopment of a city, town or county or any part t of or a etail thereof and implement the al objectives of omprehensive plan. Official c ols may include ordinances e fishing zoning, subd ion controls, site plan regulations, sane- codes, ding codes and official maps. (3•tp "Action Briefs" means the weekly newsletter published by the council containing a summary of previous council actions and upcoming council meetings, hearings and other matters. I O�- �Ae U LA N t, �y� X �vv� c� �� �� t j i v R",' UIRFS Iff THIS BILL 1. It rc!quire: loc:,.l planning and school Oistrict c ^.pital imr;roVc icnt p►•o rrar-nring to tiro minimium. exi ;cnt necessary in order to protect four cxpen:.ive mo- tropoli.t =�n facilities : Rirpor'ts, se ors, recreation op£7n sp.a :e, and transportation. ?. It requires the Council to rl.ake recom-vionda.tions to local gover in =vents about rz- trapoli L n systems pl=ans and upon re-jucst, to assist localities and school districts with technical and financial aid. 3. -It requires the Council to revidw and corment on the plans or localities and capital improvement pror,7r�.rns of school districts. It rc L1''es the Council to direct localities and school districts to make such ch=anges in their plans and pro-7rams asarenecessarf to protect the four metropolitan faci lit-v sv s terns. L . It requirec local ties to t�.ke .somne minimum steps to implement their plan ( -•;ith official controls). It requires localities to maintain so- e consistency betw=een their plans and. their implementation measures. r ' w TFHAT TiF COUNCIT, CA T[,!CY[' DO 1 . It cannot plan or adopt pl=ins for 'local govc:rnm(r nts. It. cannot plan or adopt cxpital improvements progr ;u= for school - dis;rici;s. It cannot even dictate whrit factors are to be considered by localities or school districts in their pla.nnini;. 2. It cannot adopt or enforce f=ind use controls, impler.entation programs, facilities plans, capital improvements programs, or take any other action for loc=al governments or school districts. It cannot even rc viet•; these natters. 3. It cannot require localities or school districts to plan in any greater detail than is necessary to protect four specificzlly mentioned metropolitan physical facility systems: airports, sewers, regional recreation open space, and transportation. 4- It cannot require that local or district plans or programs conform to the develop: -ent frame►-:ork. the development framework is not even mentioned in the bill. 5. It cannot review or comment- on or in any way influence educational programs. The only requirement of schools is a program for new sites, buildings, or additions over $200,000.. 6, In cannot require plans or programs to be consistent :•:ith each .-other. It cannot enter into intergovernmental planning disputes except to mediate on a voluntary basis. n can -itve ass istnnce to localiti.er, and school districts, on - requos t. It can m"Ce. recommend- tions to localities about metropolitan y: tem plans. ?.. It can matte grants and interest free loans to localities and school districts. 3. It can review and comment on local plan; -and school district capital improvement programs. lr. It can require that, plans and capital inprovement programs be adopted. It ' c=an require that these plans and pro-rams be anended, but only to the extent necessary to protect the four nar ed m- tropolitan systems: airports, se: -rers, recreation opon space, an,2 trar_sporta ion. It can go into court to enforce only these provisions, and then only after a public hearinz. April .14, 1975. MEMO TO: Council FROM: John Valliere, Manager. Braemar Golf Course SUBJECT:. Golf Course Range Ball Quotes Attached are two quotes obtained for the purchase of 300 dozen range golf, balls with yellow-covers-imprinted with, "property. of .Braemar ": They are as follows: 2 I. Uniroyal Incorporated - $1,110.00 J 2. Hornu ng'.s Sal es - $1,6.80. 00 Recommend the bid be.awarded to Uniroyal Incorporated at $I,1$b.00 T/C c c c3 60 14 06818 PRO GOLF SALES, INC. 41 EAST BANK STRE FO DU LAC. WIS. 54935 PHONE 922-2640 0 CODE 414 F HIP TO ;VA - HIP TO ADDRESS ADDRESS MA-4^-,e% ZIP CITY 71P CUSTOMER'S 0 RDER NO. SALESMAN SLACKS - SHORTS 30 32 34 36 38 40 42 44 46 T E gR& c; 7 . SHIP SHIP . — R" -� VIA GLOVES -BELTS SHIRTS - JACKETS S M ML L EL TERMS: QUANTITY aRnr RED STOCK I'j UMBER DESCRIPTION COLOR PRICE EXTENSION F�- 4 J, A 1040 CHARGE WILL BE MADE ON ALL MDSE. RETURNED OR EXCHANGED WITHOUT AUTHORIZATION. TOTAL A 10% SERVICE CHARGE VALL BE MADE ON PURCHASES OF GnLS F1vund, In.., F—d Du L-, Wil, 530:- THIS ojli)T,,R hru.wr ns siGmu) BY CU.-;1'0lIER Sm association of metropolitan municipal ifices BOARD OF DIRECTORS st. ha bldg. a 101(6 street sl. Oaul. l, mi minnesota 5 5101 16721 222 -2867 President April 1, 1975 Elliott Perovich Anoka Vice President Clyde Allen Bloomington Jack Bailey Minnetonka Steve Bernard White Bear Lake Richard Brennan Roseville Frank Brixius Greenwood Jim Cosby Hastings Wayne Courtney Edina Louis DeMars Minneapolis Frank Fleetham St. Louis Park Thomas Kelley St. Paul Duane Miedtke St. Anthony Bruce Nawrocki Columbia Heights Josephine Nunn Champlin Roger Peterson Cottage Grove Donald Poss Brooklyn Center Lyall. Schwarzkop( Minneapolis John Christensen St. Paul Executive Director Vern Peterson TO: Member Municipalities FROM: Vern Peterson RE: PROGRESS-AND SUMMARY OF KEY METRO AREA BILLS INTRODUCED DURING THE 1975 SESSION. Attached is a summary of key metro area bills introduced during the 1975 Legislative session that are of particular interest and concern to member municipalities. Also listed are some statewide bills that we are supporting (or opposing) in view of their relationship to our legislative policies adopted at the A.M.M. Legislative Conference in December of 1974 and /or subsequent action by the Board of Directors. The following symbols indicate the position on these Bills taken by the Association of Metropolitan Municipalities. + Supported 0 Opposed - No position In the left hand margin of each summary there is a notation on the current status of the Bill. The Bills have been or- ganized by date of introduction and by House and Senate, and in the right hand margin is the specific policy section re- ferred to in our Legislative program. We would ask you to place this information in the Council members packets for their information. Thank you. VP:sb Sincerely.; Vern Peterson Executive Director HOUSE OF REPRESENTATIVES HF 167 + Cormittee on Taxes (no ecmpanion) . that i a p being duly notified of the Board's intent to raise the assessment of his property, or if a person feeling aggrieved by an assessment fails to apply for a review of the assessment, he may not appear before the County Board of Equalization for a review of his. assessment, except when an assessment was made subsequent to the meeting of the local board. The Rill also provides that City Councils, including Councils of cities whose chatters provide for a Board of Equalization, may appoint a special board of review to which it may delegate all of the powers and duties of a local board of review. The Bill has several other features, as reported in State League Bulletin Number 2, January 30, 1975. RATE OF INTEREST ON DELINQUENT NON - HOMESTEAD PROPERTY TAXES. Introduced by Williamson. Amends the current law so that the rate of inter- est on delinquent taxes for non - homestead property tax due in the year 1975 and subsequent years would be fixed at 157o per annum for the first year in which interest is calculated on the delinquency. For subsequent years of de- linquency, the interest rate for non - homestead property would be 37o per annum plus the average federal revenue discount rate, for the year of delinquency, for national backing associations as determined by the Ninth Federal Reserve Bank. -1- II ANM POLICY FILE NO. LIMITING VETERANS PREFERENCE Veterans Preference Law for both Endorsed by Board HF 84 + Introduced by Berglin. Provides a uniform local government. Absolute preference in local employment is elim- February 6, 1975. In Conference Corms. state and inated. Eliminates preference in municipalities without a Civil Service or (S.F.112) established merit system. There would be added to the examination rating of a disabled veteran a credit of 10 poin,.s if-the veteran obtained a passing the grade and if the disabled veteran is able to perform the duties of posi- There would be added to the examination tion with a reasonable efficiency. rating of all other veterans a credit of 5 points if such veterans obtained a passing grade. Preference could not be used for pro-notion but for entry level fobs only. OPTIONAL BOARDS OF REVIEW, ONE POINT ENTRY FOR APPEALS HF 133 + Introduced by Pehler, Property owners may not appear before the State Board been made before the County II F Passed House of Equalization unless a timely appearance has Equalization to appeal the assessment of property. Also provides (S.F. 739) Board of °f erson fails to appear before the city local board of review after HF 167 + Cormittee on Taxes (no ecmpanion) . that i a p being duly notified of the Board's intent to raise the assessment of his property, or if a person feeling aggrieved by an assessment fails to apply for a review of the assessment, he may not appear before the County Board of Equalization for a review of his. assessment, except when an assessment was made subsequent to the meeting of the local board. The Rill also provides that City Councils, including Councils of cities whose chatters provide for a Board of Equalization, may appoint a special board of review to which it may delegate all of the powers and duties of a local board of review. The Bill has several other features, as reported in State League Bulletin Number 2, January 30, 1975. RATE OF INTEREST ON DELINQUENT NON - HOMESTEAD PROPERTY TAXES. Introduced by Williamson. Amends the current law so that the rate of inter- est on delinquent taxes for non - homestead property tax due in the year 1975 and subsequent years would be fixed at 157o per annum for the first year in which interest is calculated on the delinquency. For subsequent years of de- linquency, the interest rate for non - homestead property would be 37o per annum plus the average federal revenue discount rate, for the year of delinquency, for national backing associations as determined by the Ninth Federal Reserve Bank. -1- II FILE NO. AMM POLICY HF 223, 225 - ME= AREA TAX DISTRIBUTION LAW - Local & Urban.. " Affairs. Introduced by Suss and Jensen respectively. Would repeal the Fiscal Dis- (S.F. 221) parities Act of 1971. HF 267 + REDEFINITION OF ME'M TRANSIT Endorsed by Board Local & Urban PROPERTY TAXING DISTRICT March 6, 1975. Affairs (S.F. 437) Introduced by Jude. This Bill would decrease the size of the Metropoli- tan Transit Commission's property taxing district which would better re- flect the area of urban development as defined by the Metropolitan. Coun- cil in its development framework, The basic thrust, however, is to eliminate from the taxing district those communities which are not in- cluded in the bus system. About.23 communities which presently are in the taxing district now would be excluded. The Bill would allow com- munities not in the taxing district to contract with the Metropolitan Transit Commission for bus service. HF 379 + REDUCING THE PERIOD OF RED=1ON FOR CERTAIN II D-2 Taxes I LAND SOLD AT A TAX JUDGMENT SALE (S.F. 1032) Introduced by Nelson, Reduces the stated period of redemption for cer- tain lands sold to actual purchaser or bid in for the state at any tax judgment sale from five years to 60 days. The land affected by this re- duced redemption period would include land on which there exists only a structure that is vacant during the 60 days prior to and including the date on which taxes on the land become delinquent, land on which there . exists a structure that is occupied by a person who has not legally obtained possession of the structure prior to the date on which taxes on the property become delinquent and land on which there exists a residential structure and on which the owner did not reside during the 60 days prior to and including the date on which taxes on the land be- came delinquent. HF 441 + SERVICE CHARGE ON EXEMPT PROPERTY II E Taxes Introduced by Tomlinson. Provides that all property which is exempt (S.F. 477) from taxation under the Constitution but which is not owned by the State of MInn. or any political sub- division or which is not a Church, house of worship or property used solely for educational purposes, would be sub - ject to a municipal levy. Property would be valued and assessed in the FILE N0. manner currently provided for other types of property and wj-uld be placed upon the assessor's tax rolls at that value. A service charge ccuid be levied by a city or town upon this property which would be cugiputed by mul- tiplying the local mill rate for fire and police protection times the assessed valuation. If the cost of fire and police protection are not budgeted or otherwise ascertainable, each city or town levying a tax under this Act would be permitted to estimate the total cost of fire and police protection for the purposes of determining the amount of service charge. HF 610 + EL,EGTION OF METROPOLITAN COUNCIL MIBERS Local & Urban Local & Introduced by George. Commencing with the general election in '976, mem- (no companion) bers of the Metropolitan Council would be elected. Half of the Colin�sii would be elected in 1976 for four year terms. The remaining Council posi- tions would be up for election in 1978, also for four year terms. The Chairman of the Council would continue to be appointed by the Governor. Vacancies would be filled by special elections. NOTE; There are several other house Bills which provide for election_ of Council members, but HF 610 is the one that is being considered, . HF 891 + STATE PAYMENT OF PROPETTY TAXES ON TAX ExEwpr PROPERTY Taxes Introduced by Casserly., Provides that certain tax exempt. pr;Fperry rru.st: be (S. F. 879) separately 'listed and assessed at the same time and in the same manner as real. property subject to taxation, except that this listing and assessrlent would be made by the Commissioner of Revenue, The exempt property which would. be assessed would be all pub-'tic burying grounds, all public hospitals, all academies, colleges and universities and all seminaries of learning and all institutions of purely public charity. The Bill then provides that on or before the first day of January, 1976, and each year thereafter, the County Auditor of each County would submit to the Cc missioner of Revenue the rate percent or mill levy applied to taxable real. property in each city to raise the taxes levied by the city. The Commissioner of Revenue would then compute the amount: that would be raised in that year if each city had its mill levy applied to the exempt real property referred to a'rx:ve, The Commissioner of Revenue would then pay out of the general fund to the city the amount of money that would have been raised on that year, as calculated.. AMM POLICY V. HF 1281 + REINMURSEMENT FOR CLASS 3CC PROPERTY TO LOCAL MUNICIPALITIES .Taxes Introduced by Jaros. Provides that the state shall reimburse taxing districts (no companion) for tax reduction granted to Class 3CC property and Title II elderly or low and moderate income family property, Reimbursement would be directly to the taxing district and would amount to the diference between reduced taxes ac- tually paid and the amount which normally would be aid with no special exclu- sions. Currently the Bill provides reimbursement above the taxing district levy 11mit. -3- II E II C FILE NO. ' BF 1118 + _REORGANIZATION OF CRIMINAL JUSTICE PROGRAM (LEAA) Crime Prevention & Corrections Introduced by Petrafeso. Would reorganize the Criminal Justice (LEAA) (S,F, 1132) Program in the state to make the system more responsive to local law enforcement needs. The Bill would create a state crime commission by statute which would act in a supervisory capacity over the programs formulated by regional and coordinating councils. The proposed commis- sion differs from the present in several ways. The present system has a crime commission appointed by the Governor reviewing all the local, regional and state plans and programs needing LEAA funding, This Bill would revise this system to make local pro- grams part of a regional program. Only the regional program would need approval by the state commission and block funds would be allocated to the region for its program. It, in turn, would allocate funds to the local programs which fit into regional plans. The proposed bill also changes the method of selection of commission members to include selections from the House and Senate, regional councils and the coordinating councils (in Ramsey and Hennepin Coun- ties). The Governor would have 16 appointees on the proposed commis- sion, the Senate and House would have four each and the regional and coordinating councils, one each. The.Executive Director of the commission and the commission chairman would be appointed by the commission itself instead of the Governor. Appointees of the Governor and the Senate would serve four year terms and all others would serve two year terms. The coordinating councils in Hennepin and Ramsey counties would act much as the regional councils in the rest of the state. Region G, in the metropolitan area, would still have control over inter- county law enforcement programs. Committee Bill + FUNDING FOR CONTROL OF SHADE TREE DISEASE NumberNot yet available. Will be introduced as Committee Bill. Would provide for state grants Local & Urban Affairs. to counties or cities of the first class having a disease control. pro-. (S.F. 1178) gram approved by the Commissioner of Agriculture for the acquisition of wood utilization or disposal facilities. Also authorizes the Com- missioners to make grants -in -aid to a municipality with an approved shade tree disease control program for the partial funding of M AMM POLICY Endorsed by Board > March 6, 1975. III B r FILE NO. AM!M POLICY municipal subsidy programs for the removal of diseased shade trees by owners of private property. SENATE F I L E S SF 112 + LIMITING VFIERANS PREFERENCE Endorsed by Board In Conference Com- February 6, 1975. mittee. Introduced by McCutcheon. See write -up of Companion HF 84. SF 221 - METRO AREA TAX DISTRIBUTION LAW Metro & Urban Af- fairs Introduced by Knutson. Would repeal the Fiscal Disparities Act of 1971. (HF 225) SF 263 METROPOLITAN SPORTS OCA2VISSION Metro & Urban Af- fairs Introduced by O'Neill. Would establish a metropolitan sports commission (No companion) structured in the same manner as the MTC and WCC. The Commission would be permitted to sell and issue general obligation bonds for the purpose provided by the Bill and for the purpose of making payments on principle and interest or provisions of bonds issued by any governmental unit in the metropolitan area before the effective date of the Bill. Within one year of the effective date of the Bill, the Com- mission would assume ownership of the metropolitan sports arena and be- . come obligated to compensate the cities of Minneapolis, Bia^mington and Richfield. SF 437 + REDEFINITION OF METRO TRANSIT PROPERTY TAXING DISTRICT Endorsed by Board Metro & Urban Af- Introduced by Conzemius. See write up of Companion H.F. 267. March 6, 1975 fairs. SF 477 + SERVICE CHARGE ON EM/JPT PROPS= II E Tax & Tax Laws Introduced by McCutcheon.. See write up of Companion H.F. 441. -5- FILE NO. SF 510 + Metro & Urban Af- fairs. (no companion) SF 739 + Taxes & Tax Laws SF 801 + Taxes & Tax Laws (no companion) SF 855 0 Metro & Urban Af- fairs. (no companion) SF 939 0 (no cc mPanion) AMM POLICY ELL]CrION OF METROPOLITAN COUNCIL MEMBERS This Bill is essentially the same as HF 610 except that Bill provides that the Chairman would be elected from its membership by majority vote of the whole Council. NOTE: There are several other elected Council Bills also, but this is the one that will probably be heard. OPTIONAL BOARDS OF REVIEW, ONE POINT ENTRY FOR APPEALS Introduced by A. Olson. See write up of companion H.F. 133. INCREASES INTEREST RATE ON DELINQUENT REAL ESTATE TAXES II D - 1 & 2 Introduced by Hansen. Would establish the rate of interest on delinquent taxes levied in the year 1974 and thereafter at 1270 per annum. The period of redemption of all lands sold to actual purchasers or bid in for the state at any tax judgment rate would be reduced from five to three years. MM OPOLITAN SIGNIFICANCE VI 1 Would permit the Metropolitan Council to adopt regulations establishing standards and guidelines relating to matters of metropolitan significance without legislative approval. as required by the 1974 Metropolitan Reorgan- ization Act. STANDARDS AND CRITERIA FOR MINIMUM HOUSING Action of Board April 3, 1975 Introduced by-Nelson. Would require the Metropolitan Council to adopt standards and criteria and a model ordinance for land use and develop- ment controls for reduced coat housing. The standards and criteria would. specify maximum land use and development controls which could be adopted by municipalities for reduced cost housing areas in the metropolitan area. The Bill would require each municipality in the metropolitan area to adopt land use and development controls conforming to the standards and criteria adopted by the Metropolitan Council. The Bill contains minimum standards for single family residential housing -6- FILE NO. AZI POLICY and multi family housing which crust be included in the Metropol- itan Council's standards and criteria. The reduced cost housing stand- ards and criteria for single family residential housing would be re- quired to be met in each city for land suitable for development con- stituting not less than 257o of the total available residential land. The reduced cost housing standards and criteria for multi family hous- ing must be met in each city for land suitable for development con- stituting not less than 10% of the total available residential land. SF 1011 0 MCDIFICATION OF STATE AID DISTRIBUTION I. C-1. Taxes and Tax Laws (no companion) Introduced by Coleman, Provides for the equalization of the state municipal per capita aid formula between the Seven County Metropolitan area and the outstate area. Reduces the metropolitan distribution from $37 per capita to $36.50 per capita. Increases the outstate dis- tribution from $36 per capita to $36.50 per capita. Provides that no municipality would receive less aid in 1976 and 1977 than itc1d in 1975. SF.1064 0 ESTABLISHES A SINGLE POLICE AGENCY FOR RAMSEY COUNTY Board action Metropolitan and 4/3/75 Urban Affairs Introduced by McCutcheon. Would abolish the office of Ramsey County (no companion) Sheriff and the police departments of the cities located within Ramsey County as of January 1, 1976. V,'ould establish a County Police Agency , which would be under the control and supervision of the Board of County Commissioners of Ramsey County, Would also establish a Ramsey County Police Advisory Committee, consisting of the mayors of the cities within Ramsey County to advise and assist the County Board to facilitate the transfer of police power and law enforcement functions and the estab- lishment of the Agency. Would also serve as an Advisory body to the County Board on the operation of the new.agency. SF 1132 + REORGANIZATION OF CRIMINAL JUSTICE PROGMI Endorsed by Board Committee on March 6, 1975 Judiciary Introduced by McCutcheon. -See write up of companion H.F. 1118. -7- 11�t'l� 1 a� fy alP, ViS -talc v c�; s J L l� { z 3 2� z . Friends of District 287: AREA V0r !/STRICT You are invited to participate in our (0 U re "'Trai.ningl For Tomorrow- HENNE PON TECHNICAL CEHTERS APRIL 24,1975 3p.m. to 9P.M. (See map on reverse side for campus nearest you!) Plans include tours, activities, coffee and conversation. We hope to see you there. NORTH CAMPUS 9000 North 77th Avenue Brooklyn Park, Minn. 55445 . 612/425 -3800 DISTRICT OFFICE 1820 North Xenium Lane Minneapolis, Minnesota 55441 612/546 -3535 Sincerely, Richard E. Emery Superintendent 2 �a SOUTH CAMPUS 9200 Flying Cloud Drive Eden Prairie, Minn. 55343 612/944 -2222 city f . y. . coon rapids April 18, 1975 To: Mayors, Managers, Administrators, and Clerks of the Metropolitan Area Dear Friend: Many of you have previously received an invitation from me to attend a meeting a few weeks ago, which unfortunately had to be canceled because of a severe snow storm. Therefore, as a means of developing and stimulating interest in the Bicentennial celebration in your city, I am hereby inviting you or your representative, to- gether with the Chairman of your City's Bicentennial Committee if you have appointed one, to a meeting at the Coon Rapids City Hall on Wednesday evening, May 14, at 7:30 P.M. The featured speaker of this meeting will be Mr. Harold Belgum, Chairman of the Fridley Human Rights Commission, who has been very active in Bicentennial activities. Another featured attraction at this meeting will be the display and ringing of a replica of our nation's Liberty Bell, which will be on permanent display in Coon Rapids due to the contribution of one of our citizens. This meeting comes about as a result of a direct assignment to the Mayor "s Committee on the Bicentennial, and as liaison to the State Government on Bi- centennial activities within Minnesota. A representative of the .State's Com- mission will also be present to answer your questions and assist your city's programs. The meeting will produce an explanation of Bicentennial projects and events, and an interchange of ideas with other municipal officials. Would you please phone Mrs. McCown at 755 -2880 so we may plan For meeting size, refreshments, etc. I am looking forward to seeing you here--Wednesday, May .14 . Very truly yours, onald G. �ri"ancison Mayor 1313 Coon Rapids Boulevard, Coon Rapids, Minnesota 55433 (612) 755.2880 RLSOLUTION WHEREAS, Minneapolis and Hennepin County elected officials have both presented legislative programs to the Minnesota Legislature; and WHEREAS, many of the items contained in these proposals will have the effect of having suburban communities absorb additional Minneapolis tax burdens; and III1 t}$.S, Minneapolis now enjoys the position- of having suburban tax- payers subsidizing a si-eable part of their present tax burdens; and WREPSAS, an end must be put to indiscriminate sharing of Minneapolis tax burdens throughout Henuepin County; and WHY'REAS, it is in the beast interest of all Hennepin. County Suburban Municipalities to organize and present a united front to insure that this practice is not continued: and I-AKERCAS, it is also in our best interests to keep a watchful eye on Hennepin County legislative proSpeaHsand day to day operations. NOW, THEREFORE, BE IT RESOLVED by the Edina City Council that., 1. The Edina City Council endorse the idea that an organization of suburban iiennepin County municipalities should be given fyrther consideration. 2. We hereby appoint C. Wayne Courtney to represent Edina in the discussions necessary to determine the next step to be taken. 3. A copy of this resolution is to be sent to Jivi Krautkremer, Mayor of Brooklyn-.Park. ADOPTED thin 21st day of April, 1975. STATE . OF *IIH iESOTA ) COUNTY OF HENNEPIN) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Cleric for the City of`Edina, do hereby certify teat the attached and foregoing resolution was duly adopted by the Edina City Council at its Regular fleeting of April 21, 1975, and as recorded in the minutes of said Regular Meeting. WITNESS my hand and seal of said City this 28th day of April, 1975. City Clerk RESOLUTION' 'FHEREAS, Minneapolis and Hennepin County elected officials have both presented legislative programs to the Minnesota Legislature, and WHEREAS, many of the items contained in these.proposals will have the effect of having suburban communities absorb additional Minneapolis tax burdens; an(! WHEREAS, Minneapolis now enjoys the position of having suburban tax- payers subsidizing a sizeable part of -their present tax burdens; and WHEREAS, an end must be put to indiscriminate sharing of Minneapolis tax burdens throughout Hennepin County; and WHEREAS, it is in the best interest of all hennepin County Suburban Municipalities to organize and present a united front to &nsure that this practice is not continued; and VKEREAS, it is also in our best interests to keep a watchful 'ey.e on Hennepin County legislative progpeakisand day to day olerations. NOW, THEREFORE, BE IT RESOLVED by the Edina City Council that: 1. The Edina City Council endorse the idea that an organization of suburban Hennepin County municipalities should be given fprtger consideration. 2. He hereby appoint C. Wayne Courtney to represent, Edina in the discussions necessary to determine the neat step to be taken. 3. 'A copy of this resolution is to be sent to Jima Krautkremer, Mayor 'of.Brooklyn Park. ADOFTr,U this 21st day of April, 1975. STATE OF MINNESOTA ) COU14TY OF HENNEPIN SS CITY OF IiDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly'apoointed 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 April 21, 1975, and as. recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this 18th day of April, 1975. City Clerk ;i 5 8 0 0 8 5 T H A V E N 0 B R 0 0 K L Y N P A R K M N N E S O T A 5 5 4 4 3 T E L E P H O N E 4 2 5 4 5 0 2 city of brooklyn Bark . April 17, 1975 TO: Suburban Hennepin County Mayors, Councilmen FROM: Jim Krautkremer, Mayor, Brooklyn ,Park On April 10, 1975, mayors and councilmen from several suburban communities met to discuss what could be done to fight the legis- lative packages that Minneapolis and Hennepin County had pre- pared. Many items in these packages would pass more Minneapolis taxes on to suburban taxpayers. Several ideas were presented and.discussed. The main conclusion was that unity was vital if we were to be successful. The group appointed me to draft a resolution.and letter to all suburban Hennepin County municipal,officials. Attached is a resolution for your consideration and, I hope, approval. Is another organization needed? Yes, if you agree that it is not right for suburban taxpayers to continue to pick up the tab for Minneapolis expenses. After the last legislative session we started paying for Minneapolis township relief... This ses- sion, an attempt is being made to pass on the workhouse, General Hospital, and other costs. This is being done by getting legis- lative approval to have Hennepin County pick up these costs and spreading them over the entire county, even though:they failed to receive Hennepin County delegation approval. I think we owe it to our constituents to review this type of proposal and take a firm stand at the legislature.either through active pergnn.?.1 n.�.rti.ci.n•�t�.on or through an authnri 7.ed r. pnr. egen- tative. There are obviously many questions to be answered before this type -of organization becomes a reality, and I hope you agree with-'me-that some discussion is necessary to protect our in- terests. Suburban Hennepin County Mayors, Councilmen April 17, 1975 Page 2 Please approve the attached.resolution at your next council meet- ing and send a copy to me as soon as possible. If you have any questions, call me during the day at 560 -4100, ext. 300, or at home, 537 -7722. Please let me know regardless of your decision. Very truly yours, L_z � J mes J. Krautkremer Mayor - Brooklyn Park JJK /cros RESOLUTION APPROVING MEMBERSHIP IN A SUBURBAN HENNEPIN COUNTY MUNICIPAL ORGANIZATION WHEREAS, Minneapolis and Hennepin County elected officials have both presented legislative programs to the Minnesota Legis- lature, and WHEREAS, many of the items contained in these proposals will have the effect of having suburban communities absorb additional Minneapolis tax burdens, and WHEREAS, Minneapolis now enjoys the position of having sub- urban taxpayers subsidizing a sizeable part of their present tax burdens, and WHEREAS, an end must be put to indiscriminate sharing of Minneapolis tax burdens throughout Hennepin County, and WHEREAS, it is in the best interests of all Hennepin County Suburban Municipalities to organize and present a united front to ensure that this practice is not continued, and WHEREAS, it is also in our best interests to keep a watch- ful eye on Hennepin County legislative proposals and day to day operations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF that: 1. We endorse the idea that an organization of suburban Hennepin County municipalities should be given further consideration. 2. We hereby appoint to represent our community in the discussions necessary to determine the next step to be taken. 3. A copy of this resolution is to be sent to Jim Kraut - kremer, Mayor of Brooklyn Park. l• V' Reprc:3entstive move, to amen, IT. F. 615 as follows; Strike everything after the enacting clause and insert as foll.ow3;. 1 Section 1. (PURPOSE; 'CITATION.) Subdivision 1. (PURPOSE:) The 2 purpose of this act is to develop and maintain an integrated system of 3 community health services under local administration with a system of 4 state Guidclines and standards. 5 Subd. 2. (CITATION.) Sections 1 through 10 of this act may be cited 6 as the "community health services act." 7 Sec. 2. (DEFINITIONS.) Subdivision 1. For the purposes of this act, 8 the following terms shall have the meanings here given them. 9 Subd. 2. "Hunan services" means correctional, educational, employment, 10 health, mental health, and social se.r%i.ces. 11 Subd. 3. "Health services" means those personal health services 12 provided to individuals by licensed health professionals engaged in private 13 practice, institutional health services and community health services. 14 Subd. 4. "Institutional health services" means the services provided 15 in hospital,, nursing }comes and other liccnacd health facilities. 16 Subd. 5. "Community health services" means those services designed 17 to protect.and improve the people's health within a geographically defined. 18 community by emphasizing services to prevent illness, disease, and 19 disability, by promoting effective coordination and use of community 20 resources, and by extending health services into the community. These 21 services include community nursin- services, home health services, disease 22 prevention and control services, family planning services, nutritional 23 services, dental public health services, emergency medical services, health 24 education, and environmental liealth services. 25 Subd. 6. •'Corununity nursing services" means.-public health nursing 26 services that emphasize prevention by providing family centered nursing, 27 including prenatal, well child, crippled child, school health, family 28 planning, and nutritional services as well as individual and family health 29 appraisal., screening, follow up, and referral for personal health services. 30 Subd. 7. "Home health �;ervices" means home nursing, physical therapy, 31 nutrition, occupational therap;,, horncmakers , and home health aide services, 32 which are provided under medical. supci rvirion. 33 Subd. 8. "Disease prevention and control services" means epidemioloCY, M 1 immunization, c:r�;ti�� firiding, and follow up, continuing surveillance, 2 detection, an0 pruv(jnLion of communicable diseases and chronic diseases 3 including rcfuc•i•rll;, for personal health services. 4 Subd. 9. ''Fatnlly planning services" means birth control and infertility .5 services which a.ncl.ude education, - counseling, and medical appraisal. 6 _Subd. -10. "Nutritional services" means those activities designed to 7. provide informations about food substances which will alleviate dietary 8 .deficiencies and resulting health complications.' . 9 Subd. ll. "Dental public health services,, means those organized 10 community activities that are intended to prevent dental disease and promote- 3-1" dental health, including information, education and demonstration of actions 12 that individualU and families can take to prevent dental disease and maintain 13 'dental health. 14 Subd. 12. "%nergency medical services" means those services which 15 provide rapid and effective medical treatment to persons beset by a life 16 threatening situation, at the scene of the emergency, enroute to a treatment =17 center, and in the emergency department.of that treatment center. 18 Subd. 13. "Health education" means those activities which develop each 19 individual's awareness and sensc of responsibility for his own health, the 20 health of the family, and the health of the community, including basic 21 information concerning the availability of health services in the community. 22 Subd. 14. "Environmental health services" means those services designed 23 to achieve an environment.conducive to man's health, comfort, safety, and 24 well being. These services include food protection, hazardous substances 25 and product sa-fety, water supply sanitation, septic tank and soil absorption 26 type sewage disposalt water pollution control, occupational health and 27 safety, radiation control, air pollution conLrol,.nois e pollution control, 2£3 vector control, institutional sanitation, recreational sanitation including 29 swimming pool sanitation and safety, housing conservation and rehabilitation, 30 and general nuisance control. 31 Subd. 15. "population" means the total resident population as enumerated 32 during the most recent federal census, or the annual population estimate 33 prepared by the state planning agency in cooperation with the bureau of the 34 censu:3 shall be substituted. 35 Subd. 16. "Taxable-value" means the adjusted ass4�;sed valuation of a 2 1 county which shall. be certified annw.11y to the state board of health by 2 the equalized assessment review committee. 3 Subd. 17. "Local-expenditure" means the total annual expenditures 4 financed from all sources by counties and other.local units of government 5 within a county for community health services. The local board of health 6 - created pursuant to' section 3 of this act shall annually certify to the 7 state board of health the total amount of such community health services 8 expenditures on forms and in such detail as may be prescribed by the state 9 board of health. 10 Subd. 18. 'Ter capita income" means the average income of the residents 31 of a particular jurisdiction as calculated by the most recent federal census. 12 Sec. 3. (LOCAL BOARD OF REALTH; ORGANIZATION; DUTIES.) Subdivision 1. 13 (ORGANIZATION.) A city, a county, or two or more contiguous cities or 14 counties combined under the provisions of Minnesota Statutes, Section 15 471.59, may by resolution organize a board of health under the provisions 16 of this section exercising one of -the following options: 17 (a) Human Services.Board - The county board of a county with a human 18 services board organized pursuant to Minnesota Statutes, Chapter 402 or 19 Laws, 1974, ChaptPer 293 may assign the res puns ibilities and duties of this 20 act to the human services board. 21 (b) County-Lo,-;rd or City Council - A city council, a county board or 22 a combination of city councils or county boards, until a human services-- 23 board is established and .functioning for the county or counties, may assume 24 the responsibilities of the health board pursuant to this act. 25 (c) Board of Health - In the absence of and until the creation of a 26 human services board the co,inty board or the city council may assign the 27 responsibilities and duties of a board of health under this act to the 28 board of health of said city, county, or combination of cities or counties 29 organized under Minnesota Statutes, Sections 145.01, 145.47, to 145.55, or 30 Laws, 1969, Chapter 235. 31 (d) Board of Health - In' the absence of an eNisting board of health 32 organized under Minnesota Statutes, Sections- 3.45.1,7 to 31 5.55, and in the 33 absence of a humar. sem ices beard organized and functioning pursuant to 34 I-:innesota Statutes, Chapter 402, the county board or city council may 35 organize a board og health and assign the respunsibilities and duties of a 3 1 board of health under this act to such board of health. The board of 2 health for a single county or city shall consist of five members appointed 3 by the board of county commissioners or the city council. When two or 4 more counties or cities combine to form a board of health, each county 5 board or city council shall appoint two members to the board of health, 6 except that the county board, or city council of the city, having the 7 largest population shall appoint three such members. At least two members 8 of the board of health shall be providers of health services. The remaining 9 members shall be laymen representative of the.people in the community and 10 shall include at least one person who is not a member of the county board 11 of commissioners. Continuity of membership shall be assured by having 12 approximately one third of tho - members terms expire each year. First 13 .appointments may be-for less than three years, the all terms shall' 3J+ be three years. No member shall serve more than three consecutive terms. 15 The board shall elect a_..chairman and a vice — chairman with terms of one year. .16 Subd. 2, (GENERAL DUTIM .) The board shall have general authority and 17 responsibility for the development and maintenance of an integrated system 18 of community health services. ' 19 Subd. 3. (EMPLOYE' ES.) The board may employ administrators, officers, i 20 employees, and agents as necessary to carry out the provisions of this act. 21 Employees of the local board of health shall be subject to personnel 22 administration rules adopted.by the county board or boards or the city 23 council or councils unless by law the employees or a class of employees 24 shall be within the scope of a state wide personnel administration system. 25 All persons employed by a county, city or the state, whose functions and 26 duties are assumed by the board, shall become employees of the board without 27 loss in benefits, salaries or rights. -28 Subd. 4. (POWERS.) In addition to any other powers assigned to a -29 local board of health by sections 1 to 91 the local board of health shall 30 possess all the powers and duties now assigned by law to local boards of 31 health pursuant to Minnesota Statutes, Section 145 ►01 and to public health 32 nursing and home health services agencies pursuant to Minnesota Statutes, 33 Sections 145.05 to 145.125.' Not later than 365 days after the approval of 311, the conmiunity health services plan.by the state board of health, any county 35 or city board, committee or commission having authorities or duties in any 4 1 area designated in sections 1 to 9 other than the local board of health 2 designated and acting pursuant to.ncctionr. l to 9, shall cease its 3 operation and no per diem or reimbursement of expenoes shall be paid to 4 any member of the board, committee or commission. This subdivision shall 5 not remove or otherwise change the powers and duties of any city or cities 6- eligible for the subsidy under the provisions of section 5 of this act. 7 Subd..5. The board of health by any lawful means, including gift, 8 purchase, lease, or transfer of custodial control, may acquire and hold in 9 the name of the county or counties, or the city or cities, the lands, 10 buildings, and equipment necessary and incident to the accomplishment of 11 the purposes of this act and accept gifts, grants, and subsidies from any 12 lawful source, apply for and accept state and federal funds, request and .13 accept local tax funds, establish and collect reasonable fees for community A " :health services provided. 15 Subd. 6. The board may contract for services from private firms, 16 non- profit corporations, primary and secondary schools, state and local 17 governmental agencies, or other community agencies to avoid unnecessary 18 duplication of services and realize cost advantages.' The contracts shall 19 be employed to improve efficiency and the quality and effectiveness of 20 services. The board shall coordinate local, state,.and federal services 21 and funding for community health services. 22 Subd. 7. The board-shall coordinate community health services with 23 the delivery of personal health services, institutional health services, 24 and related human service in the community; ensure responsible medical 25 consultation and direction by employing a puLli.c health physician or by 26 contracting with a local practicing physician; and coordinate community 27 health services with health related environmental .control services in .the. 28 community. 29 Subd. 8. The board shall evaluate the effectiveness and efficiency '30 of community health serNice systems and programs and *prepare the annual 31 community health services plan and budget, as.provided in section S. 32 Subd. 9. The board shall. identify commun_i.ty health .needs and set 33 priorities among the reeds for the bread range of community health services 34 including the health needs of minorities and nonresidents, including tourists 35 and migrants, and ensure that services are necessible to all. parsons on the 5 1 basis of aced and that no ono is denied service bocause of race, color, 2 .sex, age, language, religion, nationality, economic status, political .3 persuasion orz place of residence. 4 Subd. 10. The board shall recommend appropriate local legislation. .5 pertaining to community health services to the county board or city council 6 and s}iaU :advise the state board. of health on matters.relating to,public 7 ..health that require assistance from -t.he state, or that . may be of more than 8 local interest. 9 Subd. 11.. The board shall publish for distribution an. annual report 10 of the activities of the board. 11 Subd. 12. When the local board of health determines that there is an 12 acute shortage of medical or other health manpower, or that there is a 13 significant problem in providing access to health care in the area, the 14 board shall address itself to the resolution of those problems. The, 15 solution may involve providing assistance to recruit medical or other 16. health personnel to the area, or the development of suitable linkages 17 between area medical and allied health personnel that will make more 18 effective use of existing private, non — profit and community resources and 19 extend health care services into the community. 20 Subd. 13. (LOCAL COi•f"UNITY MkLTH SERVICES ADVISORY CO IRUTTEE. ) The 21 county board or boards or the city council or councils shall establish a 22 local community health services advisory committee. to ad -%ise, consult with, 23 and make recommendations to the board of health on matters relating to the 21� development, maintenance, funding and evaluation of community health 25 services.. The committee shall consist of not less than nine members and 26 no more than twenty- -one members, all appointed by the county board or boards 27 or the city council or councils. The membership of the local community 28 health services advisory committee shall be as follows: one third shall be 29 local elected officials; one third shall be providers of health services 30 inclu.ling at least one physician, one registered nurse, and one dentist; 31 and one third shall be consumers selected.to represent consumers organizations 32 or constituencies within the community. Continuity of membership shall. be 33 assured by having an approx:Lmat.cly equal n,- Tber of terms expire each year. 34 First appointments may be for less than two years, thereafter all terms 35 shall be two years and no member shall serve more than three consecutive I A 1 terms. Members may.receive a per diem and be reimbursed for travel and 2 other necessary expenses while engaged in their official duties, the clime 3 -:as county welfare board members as provided in Minnesota Statutcs,.Section 4.:393.03, or as set by the city council for a committee advisory to.a city 5 board of health. The committee shall elect officers including a chairman 6 and vice— chairman with terms of one year.. The committee shall meet at 7 .least six times a year and at the call of the chairman or a majority of the . 8 members. 9 . Subd. 14. (DUTIES OF COUNTY BOARD.) A board of commissioners of any 10 county.having a county board of health organized under this act may by, 11 ordinance adopt and enforce reasonable regulations related to the 12 implementation and administration of sections 1 to 9. 13. Subd. 15. The state board of health and any county or- group of counties 14 organized under the provisions of sections 1 to 9 may enter into any agreement 15 as prescribed in Minnesota Statutes, Section 145.55, to perform all or part 16 of-the-licensing, inspection, and enforcement duties authorized under the 17 provisions of Minnesota Statutes, Sections 144.075 and 11+4.12 and Chapter y57• 18 Sec. 4. (BUDGET; FUNDS.) Subdivision 1. On or'before July 1 of each 19 year the.local board of health, if oth --r than the county board, cr the joint 20 board of two or more county boards, or the city council or councils, shall 21 submit to the county board or boards or the city council or councils an 22 estimate of the amount needed by the local board of health to perform its 23 duties including costs of administration for the ensuing year with its'plan 21+ or proposed budget which shall set forth the expected source and amounts of 25 funds which are expected to be available to the board of health and its 26 proposed plan of expenditures to perform its duties and responsibilities. 27 The board or boards of county commissioners or the city council or councils 28 shall consider the estimates of income and the plan for expenditures and as 29 the estimates and plan are approved or approved,as modified, shall levy a 30 tax as provided by law for the purposes. 31 If two or more counties or cities have agreed as provided in Minnesota 32 Statutes, Section 471.59 to a joint or multi— countty or multi —city activity, 33 the county boards or city council, party to the agreemrit shall. determine 34 the proportional financial. respoMibillty of each county or city to support 35 the proprams and service:; of the board if the agreement had riot provided 7 1 for. the division of cost.q or othor arrangements pursuant to the agreement. 2 Sec. 5. (LtiIGIBILITY; WIT11DRAIIAL. ) Subdivision 1. (LLIGIBILITY OF 3 COUNTIL3.) A county or two or more contiguous counties combined under the 4 provisions of Minnesota Statutes, Section 471.59, shall be eligible for the 5 community health.services subsidy provided in section 9 under the following 6 conditions: 7 (a) There shall be an aggregate population of 30,000 or more persons 8 in the county or multi— county area situated within a region designated 9 pursuant to Minnesota Statutes, Sections 462.381 to 462.396, or Chapter 473B. 10 However, when three or more counties combine for the purposes of this act,. 11 the 30,000 minimum population shall not be required. When two or more 12 counties combine for the purposes of this act, the state board of health with 13 the approval of the regional development commissions directly involved, 14 may waive the requirements that all counties be within a single development 15 region; 16 (b) There shall be a local board'of health organized under the .17 provisionsof section 3; c 18 (c). There shall be substantial compliance with the requirements of 19 the state board of health established under the provisions of section 6;. 20 (d) There shall be local matching funds provided to help support the 21 community health services as provided in section 9; 22 (e) The plan developed under the provisions of section 8 shall be 23 approved by both the county board and the state board of health. 21+ Failure of a county or group of counties to elect to come within the 25 provisions of sections 1 to 9 shall not affect their eligibility for any 26 other state subsidy. 27 Subd. 2. (ELIGIBILITY OF CITIES.) A city, or two or more contiguous 28 cities combined under the provisions of Minnesota Statutes, Section 471.59 sh 29 shall be eligible for a proportional share of the subsidy provided in 30 section 9 for the county. under the following. conditions: 31 (a) There shall be an aggregate population of 75,000 or more persons 32 in a city or multi —city area situated within a county' having a population of 33 300,000 or more persons; 34 (b) There is a local board of health organized under tho provisions of 35 section 3; 8 l (c) There is nubstantial compliance with the requirements established .2 by tho state board of health under the provisions of section 6; 3 (d) There are local matching, fwids provided to help support the 4 community health services as provided in section 9; 5 (e) The plan developed, under the provisions of section 8 shall be 6 consistent with the plan developed by the county and shall be approved by 7 both the city council and the county board. 8 The city's proportionate share of the conmunity health services subsidy 9 shall be determined by calculating the proportion of total expenditures for 10 community health services within the county that were expended by the city. 11 Subd. 3. (:•TITHDRAWAL.) Any participating,. county or city may, by 12 resolution of its governing body, indicate its intention to withdraw from 13 the subsidy program established by this act. Notification shall be given to 14 the state board of health and to each county or city in any multi — county or 15 -multi city combination, at least one year before the beginning of the fiscal 16 year ir. which it takes effect. When two or more counties or cities have .17 combined for the purposes of sections 1 to 91•the withdrawal provision shall 18 not be applicable durin- the first two years following the adoption of the 19 initial agreement to combine. The withdrawal of a county or city from a _20. group of two or more counties or cities combined for the purposes of 21 sections 1 to.9 shall not affect the eligibility for the community health 22 services subsidy of the remaining' counties or cities for at least one year 23 following the withdrawal. 24 Sec. 6. (DU'.L"M OF THE STATE DOARD OF HEALTH.) The board of health 25 shall: ' 26 (a) Provide consultation and technical training to ,communities to 27 assist them in the development and provision.of services, encouraging 28 multi— county configurations to ensure that a county will not be isolated 29 geographically and thereby ineligible for the subsidy. 30 (b) Develop guidelines and recommended administrative procedures 31 through a joint planning process with extensive representation from local 32 health boards.. Adoption of these guidelines and recommendations by the 33 . local board of health shall not be a prerequisite for plan approval. 34 (c) Promulgate regulations in accordance with Minnesota Statutes, 35 Chapter 15, for the purpose of establishing standards for: 9 1 (1) Training, credo rntialingI and experience requirements for key 2 personnel to ensure expertise in administration, planning, and in each 3 service program. included in the commiunity health service3 plan; 4 (2) A uniform reporting system that will permit an assessment of the 5 efficiency and effectiveness of service delivery programs; and 6 (3) A planning process that will ensure that the community health 7 services .plan will be developed with full community participation. 8 (d) Review and act on the community health services plan and any 9 proposed revision within 60 days after receiving the plan or revision. The 10 board may approve the plan as written, reject the plan, or refer the plan 31 back to the applicant with comments and instructions for further consideration. 12 A failure' to act within the specified time shall constitute approval of the 13 .plan. A (e) Provide application forms and instructions for preparation and 15 submission of applications for the community health services subsidy, in 16 accordance with the provisions of section 8. .17 Sec. 7. (=214UNITY IMkLTII SERVICES ADVISORY COI- IMITTL E . ) An advisory 18 committee is established to advise, consult with, and make recommendations 19 to the state board of health on matters relating to the development, 20 maintenance, funding and evaluation of community health services. Each 21 local board of health meeting the eligibility requirements of section 5 of .22 this act may appoint a member to serve on the committee. The terms shall 23 be two years and no member shall serve more than three consecutive terms. 24 Continuity of membership shall be assured by having an approximately equal 25 number of terms expire each year. Members may receive a per diem and shall 26 be reimbursed for travel and other necessary expenses while engaged in their 27 official duties. The committee shall meet at least quarterly and special 26 meetings may be called by the chairman or a majority of the members. 29 Sec. a. (COMHUPJITY HEALTH SERVICES PLAN.) Subdivision 1. (PLAN 30 .CONTENT.) The community health services plan shall be a written plan for 31 the development, implementation, coordination, and operation of community. 32 health services that meet the 'priority needs of the community. Financial 33 eonstrai.nts.and differing priorities may result in variations in levels of 34 effort for different services. The plan shall include the following: 35 (a) A description of the process used to ensure full community 10 I participation in the preparation of the plan; 2 (b) An explanation of tho exLcnt to.which the board's planning and 3 service delivery systems have been integrated with the delivery of personal 4 health services, ins- titutional health services, health related environmental 5 programs and services, and with related human services in the community. 6. The plan shall include a statement of the priority needs of the community and 7.. -an inventory of existing health related services in the community; 6 (c) Descriptions of each service program including each of the following: 9 Community nursing services, home health services, disease prevention and 10 control services including immunization,_ emergency medical services, health ll education, and environmental health services; 12 (d) The projected amount-and sources of funding for carrying out the 13 plan; 14 (e) A report and evaluation of the two preceding years community health 15 service programs, _ 16 _Subd, 2. (PIJ1N SUMISSION.) The application for a community health 17 services subsidy and the plan and any proposed revisions of the plan shall 18 be submitted to the appropriate regional development commission or to the 19 metropolitan council and to the state board of health. The regional 20 development commission or the metropolitan council shall review the plan 21 -to determine conformance with regional plans developed by the health systems 22 agency under the .provisions of Nationo.). Health Planning and Resource Development 23 Act of 1974, and submit their findings and other comments and recommendations 24 to the state board of health within 1E0 days after receiving the plan. 25 Sec. 9. (M-MUNITY HEALTH SERVICLS SUBSIDY.) Subdivision 1. (PAM•i NT. ) 26 When a city, county, or group of cities or counties meets the eligibility 27 requirements prescribed in section 5, the state board of health shall pay -28 the amount of subsidy to which the county is eligible in accordance with 29 applicable rules and regulations from the funds appropriated for the purpose. 30 The state board of health may make an advancement of funds on a quarterly basis. 31 Subd. 2. (FOTUIULA.) To determine the.. amount to be paid participating 32 counties, the board of health shall apply the following formula using the 33 most current data available: 34 (a) All counties will be ranked in accordance with a formula involving 35 three factors: 11 l (1) Per capita income; 2 (2) Per capita taxable value, and; 3 (3) Per capita local erponditure per 11000 population for community 4 health services. 5. (b) Each county is then ranked as follows; 6 (1) On the basis of per capita income the ranking is from the lowest 7 ...to the highest; 8. (2) Per capita taxable value is ranked from lowest to highest; 9 (3) Per capita expenditure is ranked from highest to lowest. 10 (c) The ranking given each County on each of the foregoing three 11 factors is then totaled and the counties ranked -in numerical order .12 .according to score. 3.3 (d) The total score for each county thus determined is then divided 114. into .a. median total score. The quotient thus obtained is then multiplied 15 by $2.25 times the county population. The resulting product is the amount .16 of subsidy to which the county is eligible under this formula, provided 17 that no city or county shall receive less than $1.75 or more than $2.75 per 18 capita, provided that such computation shall not include additional 19 subsidies granted pursuant to subdivision 4 or subdivision 5 of this section. 20 Subd. 3. (LOCAL MATCH.) The amount of.local matching funds required 21 to receive the full subsidy shall be determined by multiplying the city or 22 -county population by $1.50 and subtracting the community health services 23 subsidy allocated under the provisions of this section. The local matching 24 funds may include local tax levys, gifts, fees for services and revenues 25 from contracts. When the amount of local matching funds is less than the 26 amount-specified, the state formula subsidy shall be reduce proportionally. 27 When a participating county fails to expend the full amount of the subsidy 28 to which it would be entitled in any one year under the provisions of this 29. act, the board,of health may, at its discretion, retain the surplus, subject 30 to disbursement'in the following year to the.county if it can demonstrate a 31 need for and ability to expend the surplus for the purposes provided in 32 section 8. 33 Subd. 4. (PAY[•'IENT.) A county or group of counties with an aggregate 34 population of 50,000 or more persons which meet the eligibility requirements 35 of :section 5 shall be entitled to an additional annual payment of $.25 per 12 .. g 1 capita. 2 Each county that combines with another county or counties for the 3 purpo3cs of 6ection3 1 to 9 shall be entitled to an additional winual k payment of $5,000. " 5 Subd. 5. (PIANIUNG GRANTS.) The board of health may provide grants -6 to any county or group of counties showing intent to come within the 7 provisions of sections 1 to 9 for the purpose of plain -dng for the development, 8 implementation, and operation of community health services. No single county 9 shall receive more than $25,000 to conduct the planning. The board of health 10 shall specify the terms and conditions of grants. 11 Sec.'10. (CONTINUING APPROPRIATION.) Funds appropriated to the board 12 of .health that are unexpended and unencumbered at the end of the fiscal year 13 may be spent for the purposes of this act in the next fiscal year. The 14 board shall certify the amow-it it deems useful for the purposes of this 15, act from the funds available. The amount certified is annually appropriated 16 for the purposes of this act. The board shall notify the committees on 17 finance of the senate and appropriations of the house of.representatives 18 of the amount to be certified. 19 Sec-11. (APPROPRIATION.) Subidivsion 1. _ The sum of $......... is 20, appropriated from the general fund to the state board of health for the 21 biennium ending June 30, 1977 for the purposes specified in section 9. 22 Subd. 2. The sum of $100,000 is appropriated from the general fund --to 23 the board of health for each year of the biennium ending June 30, 1977 for 24 the purpose of administering section 6. 13 M 7 0. i t L4 APRIL 10, 1975 PROPOSED AMENDw ME_ IVTS TO HF 645 ( REVISED BILL COPY i PAGE 29 LINE 29- DELETE AFTER THE WORD SAFETY- THE WORDS JioMS +NO BONSGRVAilAN- aNA REMARII,I ;ASIAN -� PAGE 3, LINE 14, ADD THE FOLLOWING AFTER THE WORD COUNTIES -" A COUNTY AND ONE OR MORE CITIES CONTAINED THERIN ". PAGE 3, LINE 21• DELETE AFTER THE WORDS (8) COUNTY BOARD OR CITY COUNCILS THE WORDS BA-C;T+r 80MNA1�" AND INSERT THE FOLLOWING SENTENCE. " A COUNTY BOARD OR A COMBINATION OF COUNTY BOARDS UNTIL A HUMAN SERVIC[B 82ARD� 1�S ESTA8LISEHD AND FUNCTIONING FOR THE COUNTY OR COUNTIES OR A CILY COUNCIL- OR_A ' COMBINATION OF CITY COUNCILS MAY ASSUME THE RESPONSIBLITIES OF THE HEALTH BOARD PURSUANT TO THIS ACT. ` PAGE 3�,LINE 25 AFTER (C) BOARD OF HEALTH- CHANGE THE SENTENCE TO READ- ~THE COUNT LINE 26 BOARD IN THE ABSENCE AND UNTIL THE CREATION OF A HUMAN SERVICES SOARD9 i OR THE CITY COUNCIL MAY ASSIGN- - - - - - DELETE THE WORDS ;HO 490WNWY SOARS IN LINE 26) PAGE 3, LINE 31• AFTER (D) BOARD OF HEALTH- "IN THE ABSENCE OF A BOARD OF HEALTH -•- (DELETE THE WORDS - AN- ENIOTONQ- ) JL PAGE 3, LINE 34- AFTER THE WORDS -OITY COUNCIL- ADD THE FOLLOWING- ^ OR COMBINE ATIONS THERBF PURSUANT TO MINN. STAT. 4%1.59; MAY ORGANI2E� ETC• - - -- PAGE 49 LINES'1 -THRU 15- NOT ESSENTIAL- LOCAL GOVERNMENT SHOULD DECIDE THE MAKEUP AND STRUCTURE OFTHE BOARD IN ACCORDANCE WITH THEIR OWN LOCAL OONDIT10NS, PAGE 4' LINES 33 -35, AND CONTINUE ONTO PAGE 5, LINES 1 -3- STARTING- "NOT LATER THAN 365 DAYS "AND ENDING WITH THE WORD "OPERATION," THIS SECTION IS ALL RIGHT AS LONG AS HOUSING CONSERVATION AND REHAB IS STRICKEN ON PAGE 29 LINE 29• PAGE LINES 4 THRu 6- STARTING WITH "THIS 8UBDIVIBIONW - THIS 18 NOW OLD WORDING APPLICABLE ONLY TO THE PREVIOUS DRAFT- NOT NEEDED NOW. P % ®E 59 LINE 29- (SUED. 8) THE BOARD SHALL EVALUATE THE EFFECTIVENESS AND EFFICIENCY OF COMMUNITY HEALTH SERVICES SYSTEMS "AS A CONDITION OF QUALIFYING FOR THE COMMUNITY HEALTH SERVICES SUBSIDY AND PREPARE THE_,°ANNUAL COMMUNITY HEALTH SERVICES PLAN AS PROVIDED IN SECTION 8. T., PAGE 59 LINES 24 THRU- 28- ( AFTER THE WORD COMMUNITY;) STRIKE THAT ENTIRE SECTION RELATING TO EMPLOYING A PHYSICIAN, PAGE 6, LINE 3- WHAT DOES "PLACE OF RESIDENCE" MEAN? PAGE 6, LIME 21• SUBSTITUTE THE WORD "MAY" FOR SHALL, PAGE 69 LINE 279 STRIKE THE SENTENCE STARTING- THE MEMBERSHIP OF THE OF THE ANDTO LINE 32. LOCAL COMMUNITY HEALTH SERVICES ADVISORY COMMITTEE SHALL- - - AT LEAST CHANGE THE WORD "SHALL" TO MIl1Y. THIS IS ONCE MORE LIMITING THE LOCAL GOVERNMENTAL UNIT TO NARROW OPTIONS THAT MAY OR MAY NOT BE AVAILABLE* PAGE %, LINE 9. S UBO) 14 DUTIES OF COUNTY BOARD). ADD TO THE FIRST 8ENTENI0E- ~FOR THOSE AREAS OUTSIDE OF Q TJES ORGANIZED UNDER PROVISIONS OF THIS SECT ON9 "A BOARD OF COMM1S810NERS9 ETC. " PAGE %t LINE 13, AFTER COUNTIES- ADD - "CITE OR GROUPS OF C LU ES` PAGE 79 LINE 14, CHANGE SECTIONS 1 -9 TO "SECTION PAGE 999 LINE 5• AFTER SHALL, INSERT THE PHRASE "NOT BE INCONSISTENT" WITH TWE PLANS ETO• AND ONTO LINE 6 XQZ6x PAGE 9, LINE 6, AFTER THE WORD COUNTY- STRIKE THE BALANCE OF THAT LINE AND ONTO LINE %. PAGE 10, LINE 6 (3) SUBSTITUTE THE WORD "ENCOURAGE" FOR THE WORD ENSURE. PAGE IN LINE 309 ArrER THE WORD A• INSERT THE WORD "B1 -A� NNUAC • PAGE 10 , LINE 35 &1 STRIKE THE ENTIRE SENTENCE ) PAGE 11, LINE 1 ) PAGE 11, LINE 32- AFTER COUNTIES, INSERT THE WORDS "AND CITIES", .r j I t t I 1 Estimated Annual:Allocation of State Subsidy. Funds Under Proposed Community Health Services Bill (H.F. 6459 S.F. 835) (Assuming Full Implementation) _ Subsidy Required -1970 FY 1973 Sec. 8 Sec. 8 Maximum Local County Pcpulatinn Expenditures Subd. 2 Subd. 4 Subsidy Match's Aitkin 11,403 $ 103,430 $ 31;:359 $ 7,851 $ 39,209 $ 12,105 -Anoka 154,556 .282,000 2709473 - 43,639 3-4,112 .381,390 Becker 24,372 1059974 67,023 11,093 789116 31,558 Beltrami 26073 759876 729526 11,593 84,119 34,569 Benton - 20,841 34,780 57,313 10,210 671523 26,262 _Big Stcne 7,941 31,782 219838 6,985 .28,823 69912 Blue Earth 52,322 829153 91,564 189080 1099644 125,805 Brown 28,887 62,800 559463 129222 67,685 62,307 Carlton 28,072 1)8,598 77,198 -20018 89,216 37r108. Carver 28010 55,323 49,543 12,077 61,620 65,775 Cass -27,323 54,875 47,638 9,331 56,969 20,985 Chippewa - 15,109 24,151 29011 89778 38,089 297902 'Chisagc 17,492 75,380. 39,357 9,373 48,730 29,984 Clay 46,585 147,442 115,531 169616 132,177 77,456 _Clearwater 8,013 61,869 22,03 6 7,003 29,039 77020 C� ^k 3,423 15,320 5,990 59856 11,846 3,558 Cott.cnwcod 149887 _ 42,613 26,052 8,722 34,774 32,218 Crow Wing 34,826 84,092 81,493 13,706 959199 61,518 Dakcta 139,808 - 1741274 2441664 39,952 284,616 344,520 -Dodge 13,037, 21,854 26,074 81259 34,333 24034 Douglas -22,892 62,853 .62,953 10,723 73,676 291338 Faribault 20,896 17,000 36,568 10,224 46,792 479240 Tillmore 21,916 33,559 56,762 10,479 67,241 31,381 Freeborn 38,064 68,479 67,754 14,516 821270 89,018 Goodhue 34063 95,356 60,835 139691 74,526 81,908 Grant 7,462 13,581 61865 201446 13,133 Hennepin 960,080 7,092,248 1,708,942 2459020 19953,962 2,366,398 - Houston 17,556 29,860 39,852 9,389 49,241 29,761 Hubbard 10,583 40,285 299103 7,646 36,749 10,875 Isanti 16,560 48,151 459540 9,140 54,680 19,840 Itasca 35,530 759931 71,771 - 13,882 859653 74,232 Jackscn 14,352 549613 29,422 89588 38,010 26,574 Kanabec 9,775 26,877 26,881 7,444 34,325 9,663 Kandiychi 309548 107,707 819869. 12,637 94,506 42,960 Kittson 61853 5,950 11,993 6,713 18,706 12,133 Kcochiching 17,131 41,672 .459568 91283 54,851 221239 lac Qui Parle 11,164 16,369 24,561 7091 32,352 17,886 .bake 13,351 469097 367715 8,338 459053 - 15,027 Lake of the Woods 31987 10,000 10,:964 5,997 16,961 981 le Sueur 21,332 56,340 41,811 10,333 52,144 43,850 Lincoln 8,143 16,130 22,393 79036 29,429 79215 Lyon 24,273 63,593 61,653 11,069 72,722 36,507 McLeod 27,662 15,216 487469 11,915 60,324 640-55 Mahn-men 5,638 ..31,461 152505 6,409 21,914 3,457 Marshall 13,060 62,216 35,915 89265 144,180 14,590 Total 3,804,971 $17,399,550 $7,973,057 $1,386,23'7 $9,359,294 $7063,105 # This is the minimum amount required-for local match assuming that the county qualifies for the maximum possible subsidy. Minnesota Department of Health March 7, 1975 Subs idy Required 1970 FY1973 Sec. 8 Sec. 8 Maximum Local County Population Expenditures Subd. 2. Subd. 4' Subsidy. Match* Martin 21,316 $ 24,637 $42,553 $11,079 $ 539632 55,790 Meeker 18,810 56,484 51,728 99702 61,430 23,215 M�l.le Lacs 15,703 34,921 439183 8,926 52,109 18,555 Morrison 26,949 31,316 74,110 11,737 85,847 35,424 Mower 43,783 107,965 909631 15,946 106,577 90,447 Murray 12,506 23,394 219889 8,127 30,016 26,270 Nicollet 24,518 67,957 52,714 11,129 63,843 46,488. Nobles 23,208 819704 539146 10,802 .63,948 40,488 Norman 10,008 2,700 18,315 7,502 25,817 19,219 Olmsted 849104 715,421 160,639 26,026 186,665 191,803 Otter Tail 46,097 99,172 126,767 16,524 143,291 64,146 Pennington 13,266 88,894 369482 8016 44,798 14,89.9 Pine 16,821 51,179 46,258 9,205 55,463 20,232 Pipestone 12,791 42,032 35,175 89198 43,373 14,187 Polk 349435 121,087 94,696 13,609 1080-305 46,653 Pope 11,107 12089 19,437 7077 27,214 22,768 Ramsey 476,255 31855,098 9819085 124,o64 1,105,149 1,037,999 Red Lake 5,388 49,104 14,817 6,347 21,164 31082 Redwood 20,024 9,493 359042 10,006 459048 45,060 Renville 21,139 16,584 36,993 10,285 47,278 47,848 Ri;;e 41,582 60,684 85,659 15,395 101,054 86,065 Rock 11,346 35,368 202877 71836 289713 22,344 Roseau 11,569 109700 31,815 71892 39,707 12,354 St. Louis 2209693 1,151,000 606,906 60,173 667,079 326,040 Scott 32,423 38,250 56,740 13,106 69,846 76,058 Sherburne 18,344 41,993 40,724 9,586 509310 321238 Sibley 159845 15038 27,729 81961 36,690 349613 S:.earns 95,400 2909658 262,350 28,850 291,200 138,100 Steele 26,931 40,116 47',129 119733 589862 62,328 Stevens 111218 39,991 30,850 7,804 38,654 11,827 Swift 13,177 17,197 31,625 8,294 39,919 199378 Todd 229114 27,230 60,814 10,528 71,342 28,171 Traverse 61254 - ----- 10,945 6,563 17,508 10,635 Wabasha 17,224 37,027 409649 9,306 49,955 27,553 1ladena 12,412 54,054 34,133 81103 42,236 13,618 W asecaz 16,663 29,439 299160 91166 38,326 36,658 Washington 82,948 419486 145,159 25,737 170,896 202,370 Watonwan 13,298 18,435 23,272 8,324 31,596 28,245. Wilkin 9,389 33,847 25,820 7,347 33,167 9,084 W.. nona 44,409 96,336 111,911 16,102 128,013 719828 Wright 38,933 46,705 68,133 14,733 82,866 92,333 . Yellow Medicine 147418 18,816 25,232 8,604 33,836 31,045 Total 3,804,971 $17,399,550 $7,973,057 $1,386,23'7 $9,359,294 $7063,105 # This is the minimum amount required-for local match assuming that the county qualifies for the maximum possible subsidy. Minnesota Department of Health March 7, 1975 PRaPOSED AMENDMENTS TO HOUSE FILE 645: INSERTIONS ARE UNDERLINED. 1 BucLi.on 1. (11111d'(CE; :Subd_ -Vision 1. (FUiil WE:) The ?, purpoec of this acs i:i to dcvv :Lop :juca. -naintain an integrated s;;s tem of 3 community health serviec:r t ndor local adnia-irtration with a syst•en► of It state guiriclines and st3ndards. 5 ' :�ubd. 2. (CITATION.) Sections 1 throush,10 of this act may be cited 6 --as the "commu-nity health services act." Sec. 2. (DEF'IIIITIOIB.) Subdivision 1: For. the purposes of this act, .6 :the following terms shall have tho meanings here .given them. 9 Subd. 2. "fiwnan service" means correctional, educatiornsl, employment, 10 health, mental health, and social services. 11 Subd. 3. "Health,serviccs" meEj ne. those personal health services -2 provided to individuals by licensed health professionals engaged in private 13 practice, institutional liealth scririccs and community health services. 7.1n Subd. "IrrjLitiitiontn). h(, -allh services provided .15 in hospitals, nursing henries and other _licensed health facilities. 16 Subd. 5. "Community health services" means those services designed -17 to protect and improve the people's health within a geographically defined . aS• community by emphasizing services to prevent .ill nessp disease, and 3.9 disability, by promot inr, offorta ve caurdinai. ion and use of community -20 resources, and by extending health services into the ccrrimunity. These 21 services include communi',;y nursin- services, home health services, disease .22 prevention and "control services, family planning services, nutritional 23 services, dental public health ;services, eiiergoncy medical services, health 21} education, and enviro; mental hcall,ln services. 25 Subd. 6. "Cocununity nur s i.ng services" means public health nursing 26 services that emphasize prevention by providing family centered nurzing, 27 including Prenatal, V`ell child, crippled child, school health, family 28 planning, and nutritional se:v-1ces as well as individual. and family health .2.1) appraasa], scrocnl.rq;, follow up, 3nrl _eCcrral'for personal health vervi.ces. 30 S �lxi. 'j. ":ione he•sl',') c.ervice -" rioan:, hc►ro nursing, physical therapy, . >1 raiLritiorn, occuoat.icn_:. thcrap, I huncnra4cex•s, -rnd home health aide scrvi:cco,. _32 which ara provi.&A under mod:ica.). 33 Sxibd4l. S. "Dizva:ie Prevention and control services" r mcai-w epidemiology, 1_1 1. immut- LNation,, CIII)o finding and follow up, continuing aurvcillanco, ^. deLecLi.on, anti provunLion of communi.cablo di series and chronic discoses 3 :i.nclu.d ng rcl'urr+jl.st for personal. health services. 4 Subd. 9. t Ptimil.y planning services" means birth control and infertility 5 -services which ificl.udo education, counseling, and medical appraisal. 6 Subd. 10.. "NuLritional. services" means those activities designed to 7 provide information about food substances which will. alleviate dietary 8 deficiencies and resulting health complications. 9 Subd. 11. "DonLal public health cervices" means those organized 10 community activiti.cs that are intended to prevent dental disease and promote.. 11 'dental health, including information, education and demonstration of actions 12 that indivi.dua1;3 and families can take to prevent dental disease and maintain 13 ' dental health.. ]l+ Subd. 12. "INorgoncy medical services" means those services which 15 provide rapid and effective medical treatment to- persons besot by a life 16 threatening ni.Luation, at the scene of'the emergency, enroute to a treatment 17 center, and in the emergency department of that treatment center& 18 Subd. 13. t'llealth education" means those activities which develop each 19 individual's awareness and sense of responsibility for h:i& awn health, the 20 health of the family, ,and the health of the community, Including basic 21 information concorning the avoil.ab:il.i.ty bf health services in the community. 22 Subd. 14. "Envi.ronnental health scor. vises" means those services designed 23 to achieve an environment conducive to man's health, comfort, safety, and 4 well being. These services incJ_ude :food nrotect:ion, hazardous substances 25 and product safety, water supply sanitation, septic tank and soil absorption 25 type sewage disposal, water pollution centro:l, occupational health and 27 safety, radiation control, air pollution - control, noise pollution control, 28 - vector control, institutional sanitation, rnercatirnal :sanitation including 29 swimming pool sanitation and safety housing conservation and rehabilitation,� 30 and general nuisance control. 31 Subd. 15. "Population" meal -V3 {;he total res:Went pppulst:ion o, enumerated 32 during the most recent federal cerr;us, or the ennual popu.1ation estimate 33 Prepared by the state p2.,-uuring agency in cooperation with the bureau of the 34 consul vivill. be substituted. 35. Subd. 16. "Tax'able'valuct' means tho adjusted aseyllsod valuation of a 2 a. 2 cowiLy which uhall. be cort -Vied. arnnva l.:ly to the state board of horllth by the eq),alized a3:iessn.ent review connnittee. 3 Sul,d. 17. "Local. expcndi-ture" nsea.v tlic t.o{:a.l annual expenditures 1,. financed from 01 sourced by counties and other local units of government 5 with-iii a. county for community hr_alLh scr. ices. The local board of hes.3.t•11 6 • created pursuant to section 3 of this act shall annually certify to the 7 stato board of health the total wro;nt of such community health services 9 expenditurca on forms and in such deL-ail as may be prescribed by the state 9 board of health. 10 Subd. 18. 'e'er capita income" mernu the average income of the residents 11 of a particular jurisdictaon as calculated by the moat recent- federal census. 1,2 Sec. 3. (VOCAL DOARD OF IMLTH; ORGANIZATION; DUTIE5. ) Subdivision 1. 13 (ORGANIZATION.) A city, a county, or two or more contiguous cities or 14 counties, or a county and one or more cities-contained therein, combine df 15 under the provisions of.Minnesota Statutes, Section 471.59, may by resolution organize a board of health under the provisions of this section exercising one 17 of the following options: 18 (a) Human Services Board - The county board of a county with a human 19 services board organized 'pursuant to Minnesota Statutes, Chapter 402 or 20 Laws, 1974, Chapter 293 may assign the responsibilities and duties of this 21 act to the human services board to the extent such .responsibilities and duties 22 are not exercised by actions of city councils. 23 (b) County Board or City Council [ A city council, ] A county board or 24 a combination of [city councils or ]county boards, until a human services 25 board is established and functioning for the county or counties, or a city 26 council or combination of city councils, may assume the responsibilities 27 of the health board pursuant to this act. 28 (c) Board of Health - The County board, in the absence of and until the 29 creation of a human services board, [the county board] or the,city council 30 may assign the responsibilities and duties of a board of health under this act 31 to the board of health of said city, county, or combination of cities or 32 counties organized under Minnesota Statutes, Sections 145.01, 145.47 to 33 145.55, or Laws, 1969, Chapter 235. 34 (d) Board of Health - In the absence of [an existing] a board of health 35 organized under Minnesota Statutes, Sections.145.47 to 145.55, and in the 36 absence of a human services board organized and functioning pursuant to 37 Minnesota Statutes, Chapter 402, the county hoard or city council or 38 combinations thereof pursuant to Minnesota Stat., Sec. 471.59. may 39 organize a board of health and assign the responsibilities and duties of.a L1 -3 n I board of health under this act to, t.1.tch board of health. [Tho board of 2 hea!).th fox` a Single county or. city 31rr.11 cot -01"t, of� fivu r!cmt�ci ;� n��pointed 3 by the board. of county cormiii r i.onex•3 or the city counc.i.1. Whcn two or 4 more ceuntiou 01' cities combine to form a hoard of health, each cottn +.:y bopl.e. 0.1- city council Phal.l appoint two members to the board of health, .6 except that the county board, or city council of the city, having the 7 largest population shall appoint ttu•ee such members. At least two members a of the board of health shall be providers of health services. The remaining 9 members shall be laymen representative of the people in the community and 10 shall include at least one person who is not a member of the county board 3.1 of comnii.ssioners. Continuity of membership shall be assured by having 12 approximately one third of the members terms expire each year. First 13 appoa.ritn -gents may bo - for less than three years, thereafter all terms shall' 11+ be .three years. No member shah. serve more than three consecritive terms. 15 The board shall elect, a chairman and. a vice — chairman with terms of one yea .r3 16 Subd. 2. (GENERAL DUTIES,.) The board shall have general authority aru6 17 respoi.s ibi.lity for the d.evo?.opment and maintenance of an integrated system 18 of community health services. 19 Subd. 3. ( .11PIAYU35.) The board may employ administrators, officers, 20 employees, and agants as necessary to carry out tine provisions of thi.6 act. 21 17�11p).oyecs of the local boar.'d of health .0.311 be <sub ject to personnel 22 administration rules adopted by the county board or boards or the city 23 cou.nci.l or councils url ?.ass by law the employees or a c.' &Gs of employees 24 shrill be v ithin the scope of a state wide p3rsonnel administration s;stem. 25 All persons employed by a county, clay or the state, whose functions and 26 duties :ire assumed by the .board, shall -become employees of the board vii,thout 27. dross in benefits, salaries or rights.. 213 Subd. 4. (i'GtiII':Iii.) In addition to any other powers assigned. to a . 29 ]vocal' hoard of boalth by scctionF; l to 9, the ,local board of health shall 30 possess all the powers and duties, now assigned by law. to local boards of 31 health pursuant to Minnesoi-A Statutes,, Section 145601 and to public health 32 nursing and home health services agencies pursuant Lo Minnesota. Statutes, 33 Sections 345-0.5 to 145.1.25. Not later than 365 :days after the approval_ of 31, the con►nnrnit.y health 3eVVICC;9 Plan by the state boned of health, any county 35 or city board, GOinNittCe UT mii.%1pr`it•'1 ^q (jr A��t•i :es in nnv. 1j 1 aroa dr:3].(%natud in sections 1 to 9 oLhor than tho l.Ocal board of health 2 dc:si'C,nAod and acLi-jig pxrouant to sectiom 1 to 9, shall cca3u its 3 nprrati.on 4nd no per diem or rei.mbu.roe—ment of expentics .s ha]_1 be paid to !+ any member of the board, committee or cornmi ,sioli. lriiis subdivision shall 5 not removs or oth^.rwise orange the powers and dutie., of any city or cities 6- eligible. for the subsidy under the prov-13.101,:3 of section 5 of this a ^t.T 'j Subd. .5. The. board . of health by any larrf'ul means, including Cif t, d purchaso, lease, or transfer of custodial. control, may acquire and bald in 9 the name of the county or counties, or the city or.cities, the lands, 10 buildings, and equipment necessary and incident to the accomplishment of 11 the purposes of this act and accept gifts, grants, and subsidies from any 12 lawful source, apply for and accept state and federal funds, request and 3.3 accept local, tax funds, establish and collect reasonable fees for community Ih health services pr..o•ri.ded. 15 Subd. 6. The. board may contract i'or services from private firms, 16 non - profit corporations, primary sued secondary schools, state and local 3•7 Covernmontal agencies, or other community agencies to. avoid unnecessary lg duplication of services and realize cost advantages.' The contracts shall 19 be employed to improve efiici.ency and the quality. and effectiveness of 20 �servic.es. Thc� board shall. coordinate local, state, and federal services 21 and funding for community health scrvi.ces. 22 Subd. 7• The board shall cuordi.nate community health services with 23 the delivery of porsonal health services t i.r titut:i.ona:'. health services, ?..h and related human services in the coixnunity;[kn:jure responsible medical, 25 consultation and direction by employ-ing a puLIJ-c :health physician or by 26 contracting with a local practicing � _Zrrd coordinate community 27 hua:lth services with health related environmental control services in the 28 community. 29 Subd. 8. The board shall evaluate the effectiveness and efficiency of 30 community health service systems and programs and , as a condition of. 31 qualifying for community health services subsidy, prepare the [annual] 32 bifinntal commmunity health services plan and budget, ]as provided in Section 8. 33 Subd. 9. The board shall identify community health needs and set 34 priorities among the needs.for the broad range of community health services 35 including the health needs of minorities and nonresidents, including tourists. 36 and migrants, and ensure that services are accessible to all persons on the- - 5 U 3. ba.,03 of noed and that no ono 1:► drnicrl sorvice boenuso of race, color, 2 rex, age, language, rellgion, unt,icn -Il.ityp econonu.c status, political j jSux•uun.Auri or place of. re3idenco. !� Subd. 10. The board shall recommend appropriate local legislation 5 pertaining to community health service==s to tho county board or city :council fi and shall advise the state board of health on matters relating to. public �j health that require assistance from the state, or that may bo of more than E3 local interest. 9 Subd. 11. The board shall publish for distribution an annual report 10 of the activities of the board. 11 Subd. 12. When the local board of health determines that there is an 12 scut^ shortage of medical or other health manpower, or that there is a 13 sip- OLficant problem in providing acce=ss to health care in the area, the 31+ ' board shall address itself to the resolution of those problems. The, 3.5 -.sol'xtion may involve providing assistance to recruit medical. or other '10 health personnel to the area, or the development of suitable linkages 1 .7 between area medical and allied health personnel that will make more 3.8 effective use of existing private, non- profit and community resources and 19. extend health care services into the community. 20 Subd. 13. (LOCAL .CMIUNITY HEALTH SERUM'S ADUSCRU Ci;:14ITTLE.) The 21 cowiLy board or boards or the city council or councils (shall] may establish a 22 local community health servicc3 advisory committee to arl-else, consult with, 23 and make recommendations to the board of health on matteT-s rel.ati.ng to the 21M devolop-nent, maintenance, funding and evaluation of community Health 2.5 services. The committee shall consist of not less thin nixie members and 26 no more than twenty- -one members, all appointed by the .county beard or boards 27 or the city council or councils. The membership of the local conumni.ty 28 health services adv=isory committee shall be as follows: ono third shall be 29 local elected officials; one third sh=ill be providers of health servi.ces 30 inclu ling at least one physician, one registered nurse, and one dentist; 31 and one third shall be conswners selected. to represent consume =rs organizations 32 or constituencies within the coimmamity. _ Continuity of memb,orship shall. be 33 asoured by having an approxinal%cl.y crua). rnj�rber of terma expire each year.. 311 First appointments may be for less then two yearn, thereafter all tormo 35 shall be two years and no member shall serve more than three.consocutivo. 6 ] tormn. Hembers cony rccaive. n per di.cn and be reimbursed for travel and 2 other. necossary while engaged in their official dutic;i, tho same 3_ . as county welfare board memhero an provided in Minnesota Statutes:, Section 4 393.03, or as set by the city council for a committee advisory to a city 5 board of health. The commit.t.ce shall. elect officers including a chairman 6 -and vice — chairman with terms of one year. The committee shall meet at 7 least six times a year and at the call of the chairman or a majority o£. the 8 members. 9 Subd. 14. (DUTIES OF COUNTY BOARD.) For those areas outside of cities 10 organized under provisions of this section, [A] a board of commissioners of any 11 county having a county board of health organized under this act may by 12 ordinance adopt and enforce reasonable regulations related to the implementation 13 and administration of sections 1 to 9. 14 Subd. 15. The state board of health and any county or group.of counties, city, 14a.or group of cities organized under the provisions of section[s] [1 to 9.]3 may 14b enter into an agreement 15 an prescribed in Nim- iesoLa. Stltut.es, Section 145.55t to perform all or part 16 of the licensing, in pection, and enforcement duties authorized under the 17 provisions of i-finnesota Statutes, Section 1144.075 and 3.44.122 and Chapter 157• 10 Sec. 4. (BUMET; FUNDS.) Subdivi.s -lon 1. On or before July 1 of each iq year. the local board of h alth, if other than tho county board, cr tho joint 20 board of two or more county boards, or tho city council or councils, shall 2.1 submit to the county board or boards or the city coulicil or councils an 22 estimate of the amount needed by the local board of health to perform its 23 duties including costs of administration for the emsuing year with its plan 21t or proposed budget which shall. set north the expected source a.nd amoiLnts of 25 funds which are expected to be available to the board of health and its 26 proposed plan of expenditures to perform its duties and responsibilities. 27 The board or boards of county comminsi.oners or the city cowscil or councils 28 shall consider the estimates of income and the. plan for expenditures and as 2.9 the estimates and plan bre approved or approved as modified, shall levy a 30 tax as provided by law for the purposes. ' 31 If two or more counties or cities have agreed as provided in Minnesota 32 Statutes, Section 471.59 to a joint or multi- county or multi city activity, 33 or multi city-county, the county boards or city councils party to the agreement 34 shall determine the proportional financial responsibility.of each county or city 35 to support the programs and services of the board if the agreement had not provided 7 ]. for tha division of cost-9 or othur arran�emonts pursuant to the ul;rccment. 2 Sec. 5• (L' GIBILITY; WITHDRAWAL.) Subdivision 1. (ELIGIDILT1'Y OF 3 COONT)J;;.) A county or two or more contigtiou3 counties combined under the !� - prorlsions of Minnesota Statutea, Section 471.591 shall be c]:igiblo for the 5 community health services su.bsid.y provided in section 9 under the following 6 conditions: 7 (a) There shall be an aegr.egate population of 30,000 or more persons 8 in the cotuity or multi— county area situated within a region.deaignated 9 pursuant to Minnesota Statutes, Sections 462.381 to 462.396, or Chapter 473B- 10 However., when three or more counties combine for the purposes of this act,, 11 the 30,000 minimum population shall not be required. When two or more 12 counties combine for the purposes of this act, the state board of health with 13 the approval of the regional development co.unissions directly involved, 14 may waive the requirements that all counties be within a single development 15 region; 16 (b) There shall be a local board of.health organized under the 17 provisions of section 3; 3.8 (c) There shall be substantial compliance with the requirements of 19 tho state board or health estlhlished under the provisions of Section 6; 20 (d) These shell be local matching funds provided to help support the. 21 community health services as provided in section 9; 22. (e) The plan developed under the provi_sions of section 8 shall be 23 approved by both the cowity board and the state board of health. 24 Failure of a county or group of counties to elect to come within the 25 provi.sioits of sections 1 to 9 shall not affect their eligibility for any 2.6 other state subsidy. 27 Subd. 2. (ELIGIi3ILITY OF CI'1'715.) A city, or two or more contiguous 28 cities combined under the provisions of Himiesota Statutes, Section 471.59 sh 29 shall be eligible for a proportional share of the subsidy provided in 30 socti.on 9 for the county under the following conditions: 31 (a) There.shall'be an aggregate population of [15,000 ],45:,000 or more 32 persons in a city or multi city area situated within a,county having a 33 population of 300,000 or more persons; 34 (b) There is a local board of health organized under the provisions of 35 section 3; M ] (c) Thera is substantial complitanco with the :.rcquj.roments cstrablis� hod .2 by the state board. of health under i,he proviniorz of section 6j 3 (u) ihw t� W.,u lucid matchiatt; f WI& IWOVIdUd. to help support thu 1� community health services as prow dcd in section 9; 5 (e) The plan developed under the provisions of section 8 shall not be 6 inconsistent with the plan developed by the county_ [and shall be approved by 7 both the city council and the county board. ] 8 The city's proportionate share of tho commmunity health service: subsidy 9 shall be determined by calculating the proportion of total expenditures for 2.0 conlmuni.ty health services within the courit:y that were expended by the city. .1 Subd. 3. (1•11THDRAVIAL.) Any participating. county or city may, by 3.2 resoljttiori .of 3.ts governing body, indicate its intention to withdraw from 13 the subs i.dy program established by this act. Hotification shall be given to 34 the state board of health and -to eaca county or city in any - multi— county or 15 multi —city combiivation, a.t least one year before the beginning of the fiscal 16 year in which it takes effect;. Whon two or more counties or cities have 2.7 co%ibincd. for th• purposes of sections 1 to 9, the withdrawal provision shall. 18 not be applicable during the first two years following the adoption of the 19 initial agreement to combine. The withdrawal of a county or city from a 20 group -of two or more counties or cities combined for the purposes of 21 docti.ons 1. to 9 shall not affect the eligibility for the community health 22 services sub .i.d.,v of the remaining counties or cities for at Least one year 23 follor►i.ng the withdrawal. Sec. 6. (PUTIE3 OF THE STATE BOARD OF IMILTH.) The board of health, 25 shall: (a) I'rov ide consultation and technical training to communities to 2r , them in the development and provision of services, encouraging 28 nulti— county configurations to ensure that a county will not be isolated 29 gcorrophically and thereby i.ncl.ig; hl.c for the subsidy. 30 (b) Develop guidelines and reconhuended administrative procedures 31 through a joint planning process with extensive roprosentation from local 32 health boards. Adoption of those guidelines. and recommendations by the 33 local board of health shall not he a prercqui5ito for plan approval.. 34 (c) Promulgate regul:atiom in accordance with Minnesota Statutes, 35 Chapter 15, for the purpose of establishing standards fors 1. (1) Traini.nal credent•i:,alAngg and experience requirements for key 2 personnel to ensure expertise in administration, planningg and in -each 3 aorvleo program included in the community health service3 plans 1� (2) A uniform reporting system that will permit an assessment of the 5 efficiency and effectiveness of service delivery programs; and 6. (3) A planning process that will [ensure] encourage that the community health 7 services plan will be developed with full community participation. a (d) Review and act on the community health services plan aiif any 9 proposed revision within 60 days after receiving the plan or revision. The 10 board may approve the plan as written, reject the plan, or refer the plan. 11 back to the applicant with comments and instructions for further consideration. 12 A failure' to act within the specified time shall constitute approval of the 13 plan. U+ (e) Provide application forms .an-i instructions for preparation and 15 submission of applications for the community health services subsidy, in 16 accordance with the provisions of section 8. 17 Sec. 7. (COMMUNITY 11L!1LT1( SERVIMS ADVZ3011Y COMMITTEE.) An advisory 18 committee is established to advise, consult with, and make recommendations 19' to the state board of health on matters relating to the development, 20 maintenance, funding and evaluation of community health services. Each 21 local board of health meeting the eligibility regvi.rements of section 5 of 22 this act may appoint -a member to serve on the committee. The terms shall 23 be two. years and no member shall serve more than three consecutive terms. ?_la Continuity of membership shall be assurod by having an approximately equal 25 number of terms expire each year. Members may-receive a per diem and shall 26 be reimbursed for.tra.vel and other necessary experr3 es while engaged in their 27 official: duties. The committee shall meet at least quarterly and special 28 meeting; may be called by the chairman or a majority of the members. 29 Sec. 8. (00141MUNITY HEALTH SERVICM MIN.) Subdivision 1. � (PUN 30 CONTENT.) The community health services plan shall be.a bignnial written plan for 31 the development, implementation, coordination, and operation of community 32 health services that meet the priority needs of the community. Financial 33 constraints and differing priorities may - result in variations in levels of 34 effort for different services. The plan shall include the following: 35 [(a) A description of the process used to ensure full community ] 10 I U1314ticipation, in the proparation of the 2 � [(1)) An, explanation .of tho eytcrrC t.0 �r ;la.cli the board's planning and 3 ncr. i .co dolivery system have bccr� .1rtet;r. s�LCd with the delivery of: personal JF health serrvicos, institutional heal'11► services, health related environmental 5 proi;rama and : ervlces � tort'. mitt► rel��:; cd human services in the community. .6. The plan shall include a statement of the. priority needs of the commmunity and 7 an inventory of existing health related services in the community, d .Q.• I(eg Descri.ption3 of each service program including each of the following: e 9 Community nursing services, home health servicesg disease prevention and 10 control cjerviccs including; immunization, emergency medical services, health 11 education, and environmental health services; 12 W [(d)] The projected amount and sources of funding for carrying out the 13• plan; alp ) [(e)] A report and evaluation of the two preceding years cot muni.ty health 15 service programs. 16 Subd. 2. (PLAN SMISSaON.) The application for a community health 17 servi.ccs subsidy and the plan and any proposed revisions of the plan shall 18 'be submitted to the appropriate regional development commission or to the 1.9 mrtronol i t:an coup ^.i.]. end. to the !-,t ate board of health. The regional 20 d©velopment commission or the metropolitan council shall review the plan 21 to determine conformance with regional. Plans developed by the health systems 22 agency under the provisions, of N-itiona.l, Health Plann.uig; and Resource Dovelopincnt 23 Act of 1971+1 and submit their f irdings and other comments and recommendations 21E to the state board of health within 110 days after receiving the plan. 25 Sec. 9. (MR4UNITY M1, 11 ►ERVICM SU. OIDY.) Subdivision 1- (PA)34urr. ) 76 When a city, county, or group of cities or counties meets the eliei.bility 27 requirements prescribed in section 5, the state board of health shall pay .28 the amount of subsidy to which the county is eligible in accordance with 29 applicable rules and regulations from the funds. appropriated for the purpose. 30 The state board of health may make an aft-.incement of funds nn a nirnrt.nrly ha.^.-in. 31 Subd. 2 (FORMULA.) To determine the amount to be paid participating 32 counties , and cities, the board of health shall apply the following formula using th 33 most current data available: 34 (a) All. counties will be ranked in accordance with a formula involving 35 three factorat , l.l. ` ' e 1. (1) Por capita incomo; . 2 (2) Per capita taxable value, and; 3 (3) Per capita local,oxpendittwo per.: 1,000 population for community . 4 health aervicase 5. (b) Each county is then ranked as follows 6 (1) On the basis of per capita income the ranking is from the Lowest 7 to the highest; 8 (2) Per capita taxable value is ranked from lowest to highest;. 9 .(3) Per capita expenditure is ranked.from highest to lowest. 10 (c) The ranking given each County on each of the foregoing three 11 factors is then totaled and the counties ranked-in numerical order 3.2 according; to score. 3,3 (d) The total score for each county thus determined is then divided 3.4 into .a median.total score. -The quotient thus obtained is then multiplied 15 by $2.25 times the county population. The resulting product is the amount 16. of subsidy to which the county is eligible under this formula, proVLded 17 that no city or county shall receive less than $1.75 or more than $2.75 per 18- capita, provided that such computation shall not include additional. 19 _ subsidies granted pursuant to subdivision 4 or subdivision 5 of this section. 20 Subd.. 3. (LOCAL MATCH.) The amount of local matching funds required 21 to receive the full subsidy shall be determined by multiplying the city or 22 county population by $1.50 and subtracting the community health services 23 subsidy allocated under the provisions of this section. The local matching 21� funds may include local tax levys, gifts, fees for services and revenues 25 from contracts. When the amount of local matching funds is less than the 26 amount specified, the state formula subsidy shall be reduce proportionally. 27 When a participating county fails to expend the full amount of the subsidy 28 to which it would be entitled in any one year under the provisions of this 29 act, the board of health may, at its discretion, retain the surplus, subject 30 to disbursement in the followi.pg_year to the county if it can demonstrate a 31. need for and ability to expend the surplus. for the purposes provided in 32 section 8. 33 Suhd. 4. (11A)TIENT. ). A county or (Troup of counties with an aggregate 34 population of 50,000 or more persons which meet the eligibility requirements 35 of :section 5 shall be entitled to an additional annual payment of $.25 per 12 l9 I capita. 2 Bach county that combiner with another county or countiez for the 3 purpo:jus of secL:i.ons 1 to 9 uhall be entitled to an additional annual 4 paymenL of $5,000. 5 Subd. 5. (PLAIRJING GRIUJTS.) The bo,,rd of health may provide grants 6 to any county or group of counties shoeing intent to come within the 7 provisions of sections 1 to 9 for the purpose of planning for the development, Et implenientation, and operation of community health services. No single county 9 shall receive more than $25,000 to conduct the planning. The board of health 3.0 sha11 specify the terms and conditions of grants. 11 Sec:. 10. (CONTINUING APPRORRIATION.) Funds appropriated to the board 17 of health that are unexpended and unencumbered at the end of the fiscal year 13 may be spent for the purposes of this act in the next fiscal year. The 31� board shall certify the amount it deems useful for the purposes of phis 15 act from the funds available. The amount certified is annually appropriated 16 for the purposes of this act. The board shall notify tho committees on 17 finance. of the senate and appropriations of the house of representatives 18 of the amount to be certified. 19 Sec. 11. (APPROPRIATION.) Subidivsion 1. The sum of'$......... is 20 appropriated from the general fund to the state board of health for the 21 biennium ending June 30, 1977 for the purposes specified in section 9. 22 Subd. 2. The sum of $100,000 is appropriated from the general fund to 23 the board of health for each year of the biennium ending June 30, 1977 for 24 the purpose of administering section 6. 3.3 .f. M DONALD WEST WALDO F. MAROUART JOHN W. WINDHORST HENRY HALLADAY JULE M. MAN NAFORD ARTHUR B. WHITNEY RUSSELL W. LINDOUIST DAVID R. BRINK HORACE HITCH VIRGIL H. HILL ROBERT V. TAR BOX ROBERT J. JOHNSON M. B. HASSELOUIST PETER DORSEY GEORGE P. FLANNERY CURTIS L. ROY ARTHUR E. WEISBERG DUANE E. JOSEPH JAMES B, VESSEY WILLIAM A. WHITLOCK E. J. SCHWARTZBAUER THOMAS M. BROWN CORNELIUS D. MAHONEY THOMAS S. ERICKSON WILLIAM C. BABCOCK MICHAEL E. BRESS RAYMOND A REISTER JOHN J. TAYLOR BERNARD G. HEINZEN I DORSEY, MAROUART, WINDHORST, WEST 8, HALLADAY WILLIAM J. HEMPEL 2SOO FIRST NATIONAL BANK BUILDING JOHN S. HIBBS ROBERT O.FLOTTEN JOHN D. LEVINE MINNEAPOLIS, MINNESOTA 55402 ROBERT J. STRUYK MICHAEL A OLSON LARRY W. JOHNSON (612) 340 -2600 THOMAS S. HAY CABLE: DOROW G. LARRY GRIFFITH CRAIG A. BECK TELEX: 29 -0606. DAVID L. McCUSKEY TELECOPIER:(612) 340 —,2868 THOMAS O. MOE JAMES H. OHAGAN JOHN M.MASON MICHAEL W. WRIGHT LARRY L. VICKREY LOREN R. KNOTT PHILLIP H, MARTIN REESE C. JOHNSON CHARLES J HAUENSTEIN CHARLES A. GEER JOHN C ZWAKMAN JOHN R.WICKS EUGENE L JOHNSON JOHN W. WINDHORST. JR MICHAEL PR IC HARD WILLIAM R. SOTH THOMAS R.MANTHEY RICHARD G. SWANSON Ms. Florence Hallberg Edina City Clerk 4801 West 50th Street Edina, Minnesota 55424 Dear Florence: 1468 W —FIRST NATIONAL BANK BUILDING ST. PAUL, MINNESOTA 65101 (612) 227 -8017 JONATHAN VILLAGE CENTER CHASKA, MINNESOTA 55318 (612) 448 -4012 115 THIRD STREET SOUTHWEST ROCHESTER, MINNESOTA 55801 (507) 288 -3156 April 1, 1975 Re: Biltmore Bowl. FAITH L OHMAN DAVID A RANHEIM ROBERT J. SILVERMAN WILLIAM R. HIBBS JOHN D. KIRBY PHILIP F. BOELTER WILLIAM B, PAYNE JAN STUURMANS R. A. SCHWARTZBAUER STEVEN K. CHAMPLIN DAVID N.FRONEK THOMAS W. TINKHAM JON F. TUTTLE ROBERT A HEIBERG EMERY W BARTLE MICHAEL J. RADMER PAUL SCHEERER CURTIS L. STINE MICHAEL TRUCANO WILLIAM J. KEPPEL JAMES A. FLADER WILLIAM A. JOHNSTONE WILLIAM E. BOWEN WILLIAM P. LUTHER DOUGLAS D. McFARLAND DAVID L. BOEHNEN ALAN D. GILLILAND LAWRENCE R. OLIVER FRANK H. VOIGT a5 - �P-r // WILLIAM E- MARTIN WILLIAM H. HIPPEE•JR. STEPHEN G. SHANK ROBERT A. BURNS TONI A SEITZ MICHEL A LAFOND BRADFORD L FERGUSON ROGER J. MAGNUSON J. ROBERT HIBBS JAY COOK STANLEY REIN CHARLES L. POTUZNIK VERLANE L ENDORF DENNIS BURATTI GEORGEANN BECKER ROBERT HOBBINS BARRY D. GLAZER PETER HENDRIXSON NICKY HAY IRVING WEISER STEPHEN GOTTSCHALK THOMAS ELKINS OF COUNSEL DAVID E. BRONSON LEAVITT R. BARKER GEORGE E. ANDERSON ROBERT L. VANFOSSEN Enclosed are nine copies of a Findings and Order pertaining to the Biltmore Bowl. Will you please distribute copies to those concerned and place the matter on the agenda of the next Council meeting. Very truly yours, TSE /abc "Thomas S. Erickson Enclosures cc (w /enc.): Mr. Robert J. Buresh Mr. Calvin H. Moser CG FINDINGS AND ORDER (Repair of Dangerous or Substandard Building Pursuant to Ordinance No. 471) WHEREAS, the Edina City Council held a hearing on March 17, 1975, pursuant to City Ordinance No. 471, to determine whether or not the building at 5109 West 50th Street, Edina, Minnesota (the "Building "), and on the prem- ises.situated in the City described as follows: Lot 1 and the East 90 feet of Lots 20, 21 and 22, Block 2, "Grand View Heights ". Lots 3 to 7 inclusive, Block 8, "Tingdale Bros' Brookside ". That part of Hopkins Road, vacated, lying between lines drawn across it from the Southeast corner of Lot 7, Block 8, "Ting - .dale Bros' Brookside ", to the Northeast corner of Lot 1, Block 2, "Grand View Heights ".and from the Southwest corner. of Lot 5, in said Block 8, to the Northwest corner of the East 90 feet of Lot 22, in said Block 2, according to the recorded plat thereof, is a dangerous building within the meaning of. Ordinance No. 471;.and- WHEREAS, at the hearing, the facts in connection with the matter were fully presented by Robert J. Buresh, Assistant Fire Chief of the City of Edina, and Theodore Paulfranz, Inspector, Fire Prevention Bureau of the City of Edina, for and on behalf of the City of_Edina, and by Robert F. Henriksen, Vice - President of Gus Young's, Inc., for and on behalf of the owner of the Building. NOW, THEREFORE, being fully advised in the premises, the Edina City Council, pursuant to Ordinance No. 471, does hereby make the following FINDINGS: 1. That on November 18, 1974, an order was issued by Theodore Paul- franz, a member of.the Bureau of Fire Prevention and Deputy Building Official, to Mr..Gus Young and Business Developers, Inc., advising them that the Building was a dangerous and substandard.building under paragraphs (a), (10), (g), and (h) of Section 2 of Ordinance No. 471, because the Building was in violation of Sections 505 and 3802 of the Uniform Building Code (the "UBC "), 1973 edition, as adopted by Ordinance. No. 404, and Section. 14.2 of the Fire Prevention, Code (the - "Fire Prevention Code ") recommended by the American Insurance Association (Edition of 1970), as adopted by Ordinance No. 611, and ordering installation of a.sprinkler system on all areas of the first floor and basement of the Building in conformance with N.F.P.A. No. 13, 1966 edition, as adopted by Ordinance No. 611. 2. That on December 16, 1974, the owner.. of said Building, pursuant to Ordinance No. 471, appealed said order to the Edina City Council by notice of appeal filed with the City Clerk within 30 days after the issuance of the order. 3. That on February 3, 1975, the City Council, based on a report given to the Council by Mr. Robert J. Buresh, Assistant Fire Chief of the City of Edina, pursuant to Ordinance No. 471, did find that there was probable cause to believe that the Building was dangerous and ordered a hearing on the matter for March 17, 1975. 4. That notice was duly and properly given, pursuant to Ordinance No. 471, of the hearing held March 17, 1975, such service having been made, by registered mail, at least 10 days prior to March 17, 1975, upon Business Developers, Inc., the owner of the Building; Gus Young's, Inc., the person in real or apparent control of the Building; and Midwest Federal Savings and Loan Association -2- and AMF Incorporated, lien holders of record; that notice of the hearing was also duly posted in a conspicuous place on the Building at least 10 days prior to the hearing date. 5.. That the Building was constructed in 1956, and an addition was constructed in 1957. 6. The the Building is constructed of concrete block and prestressed concrete, and the shell of the Building, including the roof and first floor, is fire resistant. 7. That the total number of square feet in.the basement of the Building is 5,180 square feet, and that the total number of square feet in the first floor of the Building is 33,281 square feet. 8. That partitions in the Building separating the various uses within the Building do not have fire - resistive ratings, as required by Section 503(a) of the UBC. 9. That the dividing walls separating the F -1 uses (i.e., uses for storage garage for motor vehicle) and the C -3 uses (i.e., uses for day care of children) have openings in them, which openings are not allowed by Section 503(c)1 of the UBC. 10. That the floor area of the Building exceeds that allowed by Section 13 of the "Building Code of the Village of Edina, Minnesota," as adopted by City Ordinance No. 51, which was in effect in 1956, when the original building was constructed, and also exceeds the floor areas allowed by Section 505(a) of the UBC now in force in the City. -3- 11. That the ceiling tile presently in the Building exceeds-the flame- spread ratings for ceiling tile established by Section 4204 of the UBC. 12. That the exterior wall openings in the first floor of the Building and the exterior wall openings in the basement of the Building are located in a spacing configuration that does not comply with'the pro- visions.of Section 3802 of the UBC that would otherwise exempt the Building from the requirement of having an automatic fire extinguishing system. 13. That the basement is used for the storage of lumber and other flammable materials, and that such warehousing, without an automatic sprinkler system, is in violation of Section 3802 of the UBC. 14. That some of the electrical wiring in the Building has not been done in compliance with the State Electrical Code. 15. That adequate exterior wall openings are required for the purpose of ventilating smoke and heat from the Building, to perform fire- fighting and rescue operations through, and to serve as an emergency means of egress for occupants of, and firefighters operating within, the Building. 16. That because of the excessive square footage in the Building, the excessive flame- spread ratings of the existing ceiling tile, the lack of required fire- resistive partitions between uses within the Building, the existence of openings between dividing walls contrary to the provisions of the UBC, the storage of lumber and other flammable materials in the basement; and':the' lack of properly spaced exterior openings, the Building is a fire hazard and dangerous to human life, and is therefore a dangerous, unsafe building under Section 203 of the UBC. -4- 17. That the Building is in violation of Ordinance No. 404 and of the Fire.Prevention Code:_adopted by Ordinance No. 611 of the City of Edina. 18. That under Section 106 of the UBC and Section 1.1 of the Fire Prevention Code, equivalencies are allowed for the fire protection require- ments otherwise established by the UBC and the Fire-Prevention Code; that an acceptable equivalency in this case, for all of the .above listed code violations other than the electrical wiring deficiencies, is the installation of an automatic sprinkler system throughout the Building. 19. That the present market value of the Building and the land upon which it is situated is $575,000; that the cost of installing an auto - mastic sprinkler system throughout the Building is approximately $40,000; that it is anticipated that a fire insurance premium reduction can be anti- cipated by the owner in the approximate amount of 30% of the existing premium. 20. That the Building can reasonably and economically be repaired so that it will no longer be in violation of any of the ordinances of the City of Edina. 21. That an automatic sprinkler system can be installed throughout the Building within a period of approximately 90 days. 22. That the owner of the Building is also the owner of the building at 3401 West 69th Street, -in which the owner has previously agreed. to install an automatic sprinkler system to comply with applicable City ordinances, and that the requirement to install.an automatic sprinkler system in both buildings within a short period of time would be an economic hardship oh the owner of the buildings. -5- 23. That the Building is presently, and in the foreseeable future will be, operated on a <24- hours -a -day basis; that there will at all times be persons in the Building to note and warn of any fire that might occur; that the owner has advised the Council that the lumber and other materials warehoused in the basement of the Building that are blocking exit doors will be removed immediately. - THEREFORE, based upon the foregoing findings, the City Council does hereby order: �.- That a complete, automatic sprinkler system be installed in the Building in compliance and conformance with N.F.P.A. No. 13, 1966 edition, as adopted by Ordinance No. 611. 2. That said sprinkler system be completely installed and operative within twelve (12) months from the date of this order. 3. That within thirty (30) days from the date of this order, the owner shall have prepared and delivered to the Fire Prevention Bureau of the City of Edina complete working drawings for the installation of the required sprinkler system and a signed contract with a contractor providing for the installation of such system by not later than the date requirdd_by this order, said construction drawings and said contractor to be acceptable to the Fire Prevention Bureau. 4. That all of the lumber and other materials warehoused in the basement of the Building that are blocking exit doors shall be removed within thirty (30) days from the date of this order. 5. That this order be served upon all persons required by Section 10 of Ordinance No. 471, and be posted in a conspicuous place uporr'the Building. L DORSEY, MARQUART, WINDHORST, WEST & HALLADAY DONAlO WEST WILLIAM J. HEMPEL 2 3 0 0 FIRST NATIONAL BANK BUILDING FAITH L OHMAN WALDO F. MAROUART JOHN S. X113135 DAVID A RANMEIM JOHN W. WINDMORST ROBERT O. FLOTTEN ROBERT J. SILVERMAN HENRY MALLAOAY JOHN 0 LEVINE MINNEAPOLIS, MINNESOTA S S 4 O 2 WILLIAM R. MIBBS JULE M. MANNAFORD ROBERT J. STRUYK JOHN D. KIRBY ARTHUR B. WHITNEY MICHAEL A. OLSON PHILIP F. BOELTER RUSSELL W. LINOOUIST LARRY W. JOHNSON (612) 340 -2600 WILLIAM B -PAYNE DAVID R. BRINK THOMAS S. MAY CABLE: DOROW JAM STUURMANS HORACE HITCH G. LARRY GRIFFI TM R A. SCHWARTZBAUER VIRGIL M. MILL CRAIG A. BECK TELEX: 29 -0605 STEVEN K. CHAMPLIN ROBERT V. TARBOX DAVID LMCCUSKEY TELECOPIER:(612) 340 -2868 DAVID KW ROBERT J JOHNSON M. B. MASSELOUIST THOMAS 0. MOE JAMES H, OMAGAN TINER THOMAS T TINKHAM JON F. TIA. PETER DORSEY JOHN M. MASON 1468 W-FIRST NATIONAL BANK BUILDING ROBERT HEI GEORGE P. FLANNERY MICHAEL W WRIGHT ST. PAU L, M I N N ESOTA 65101 EMERY BARTLERG CURTIS L ROY LARRY L. VICKREY (612) 227 L RADAR MICHAEL J. RADMER ARTHUR E. WEISBERG LOREN R KNOTT -8017 PAUL S R DUANE E JOSEPH PHILLIP H. MARTIN CURTIS L STIN L JAMES B. VESSEY REESE C, JOHNSON MICHAEL MICHAEL TRUGNO RUCA WILLIAM A WHITLOCK CHARLES J MAUENSTEIN JONATHAN VILLAGE CENTER EJ SCMWARTZBAUER CHARLES GEER CHASKA, MINNESOTA 55318 JAMSMA FLADERL THOMAS M. BROWN JOHN C. ZWAKMAN (612) 448 -4012 WILLIAM A JOHNSTONE CORNELIUS D. MAHONEY JOHN R WICKS WILLIAM E. BOOEN THOMAS S. ERICKSON EUGENE L JOHNSON WILLIAM P. LUTHER WILLIAM C. BABCOCK JOHN W WINDHORV, JR. 115 THIRD STREET SOUTHWEST DOWELS D MCFARUND MICHAEL E. BRESS RAYMOND A REISTER MICHAEL PRICHARD WILLIAM SOTM ROCHESTER, MINNESOTA 55901 DAVID LBOENNEN ALAN 0. GILULAND JOHN J. TAYLOR THOMAS R. MANTMEY (607) 288 -3156 LAWRENER. OLIVER BERNARD G. MEINZEN RICHARD G. SWANSON FRANK M. VOIGT March 6, 1975 Mr. Warren C. Hyde Edina City Manager 4801 West 50th Street Edina, Minnesota 55424 Re: -Southdale Bowl - License Renewals. Dear Warren: WILLIAM E. MARTIN WILLIAM M. MIPPEE. JR. STEPHEN G. SHANK ROBERT A BURNS TONI A. BEITZ MICMEL A LAFOND BRADFORD L FERGUSON ROGER J. MAGNUSON J. ROBERT MIBBS JAY COOK STANLEY REIN CHARLES L. POTUZNIK VERLANE L ENDORF DENNIS BURATTI GEORGEANN BECKER ROBERT MOBBINS BARRY D. GLAZER PETER MENORIXSON MICKY MAY IRVING WEISER STEPHEN GOTTSCHALK THOMAS ELKINS OF COUNSEL DAVID E. BRONSON LEAVITT R. BARKER GEORGE E ANDERSON ROBERT L VANFOSSEN The licenses for the Southdale Bowl, both for the amusement devices commonly known as pinball machines and for the bowling alley itself, expire this coming April 1. I presume that the licensees will soon be filing re- newal applications with you for both the pinball machines and the bowling alley. As you know, the Council has expressed concern over these licenses and has discussed a possible review of all activities at Southdale Bowl at the time of and in connection with the April 1 license renewals. Be- cause of the situation at Southdale Bowl, I thought it advisable to set out the procedure as provided by ordinance for renewals and hearings before the Council. Renewals Generally. Both the pinball licensing ordinance (No. 211) and the bowling alley license (No. 202) relate back to and incorporate Ordinance No. 141, which is the general licensing ordinance. Ordinance 141 requires that the person desiring the license file a renewal request with the Clerk, accompanied by the required fees, surety bonds, insurance policies, and any other documents required by the applicable ordinance. The ordinance then provides that the Manager may deny the license for the reasons stated in Ordinance 141. If denied, written notice of such denial must be given to the applicant, together with reasons for the denial. The notice must also inform the applicant that he may have his fees and bonds returned, may submit a new application, or may appeal to the Council (Sec. 5). Appeal to the Council must be pursuant to written notice filed with the Clerk, and the appeal is to be heard 30 days thereafter (Sec. 6). Although the ordi- nance is not specific on the point, it would appear that if the hearing is subsequent to the April 1 expiration date of the then existing license, the licensed operation would have tp cease until a new license was granted. As i DORSEY,MAROUART,WINDHORST,WEST & HALLADAY Mr. Warren C. Hyde Page 2 March 6, 1975 stated in my previous letter dated September 6, 1974, to you and the Council concerning Southdale Bowl (a copy is attached), the.licensee at such hearing. must have an opportunity to be heard, to explain the reasons for the denial, and to present any defenses to them. The Council then, at that or any spec- ified future meeting, may make its decision. The decision, of course, should be made as soon as possible. Any denial by the Council should also recite specific findings of fact and reasons for the denial. Pinball Licenses. As to the pinball licenses, Sec. 10 of _Ordinance 211 states that no such machines shall be played or used by persons under 18 unless accompanied by a.parent or guardian, "nor shall any person in charge of the premises where the machine is located permit a machine to be played or used in violation of this section." Also, by Sec. 4(d) of Ordinance 141, a license may be denied fore. "repeated violation of licensing ordinance by applicant...." It would, therefore, appear that denial of the pinball machine licenses for Southdale Bowl could be based upon repeated violation of the licensing ordinance, No. 211, in that persons under 18 have been allowed to play or use the machines, and the person in charge has permitted such playing. The factual data in support of that reason should be given to the applicant, should you deny renewal of such licenses, and presented to the Council at the hearing.on the matter if your decision to:deny is appealed to the Council. Section 4 of Ordinance 141 also states that the Manager may request written recommendations upon any renewal applications.from officers or employees of the City. You may wish to obtain such reports.from them to support denial of renewal of the pinball licenses, should you decide to so act. Bowling Alley License. As to the bowling alley license, Sec. 7 of Ordinance 202 sets out a number of reasons for which the license renewal may be denied. One is that the proposed building does not comply with all City ordinances and state laws. Another is that there is "reasonable cause" for refusing to grant a license. A further reason is that in subparagraph (d) of Sec..4 of Ordinance 141, namely: "repeated violation of licensing ordi- nances by applicant...." As to these reasons, we do know that the building presently does not comply with City ordinances and state laws, but it is my, understanding that Southdale Bowl has agreed to comply with the Fire Prevention Bureau's compliance orders. I do not know the present status.of that compliance. Also, the bowling.alley operator has, so I understand, repeatedly violated Ordinance 211, a licensing ordinance, relating to the pinball machines and the operation thereof by minors. The other reason set out above, i.e., that there .is "reasonable cause" to deny the license, can be used to bring out all other difficulties at Southdale Bowl. In connection with this application for re- newal, should you wish to deny the same, then, as with other licenses, reasons DORSEY. MAROUART, WINDHORST, WEST a HALLADAY Mr. Warren C. Hyde Page 3 March 6, 1975 therefor should be clearly stated to the applicant, with supporting data given. That same supporting data should be given to the Council so it will have them before it for review and decision at the hearing on the appeal, should such be filed. For that purpose, it would appear to be advisable to obtain written recommendations from such staff persons as you think appropriate. I trust this letter will be of some use to you in connection with these upcoming applications. I again refer you to my letter of September 6, 1974, attached, for further comment on these licenses and on the hearing procedures to be followed. If I can be of any help, or if you have any questions, please let me know. Very truly yours, TSE /abc AThlomas WS. Erickson Enclosure op DORSEY, MARGIUART, WINDHORST, WEST & HALLADAY DONALD WEST WILLIAM J. HEMPEL 2300 F I R S T NATIONAL B A N K BUILDING FAITH L OHMAN WILLIAM E. MARTIN WALDO F. MAROUART JOHN S. HIBBS DAVID A RANHEIM WILLIAM H. HIPPEE. JR. JOHN WMALLADAYRST ROBERT ROBERT J. SILVERMAN STEPHEN G. SHAUN HENRYW LEVINETEN MINNEAPOLIS, MINNESOTA $5402 WILLIAM R. XIBBS ROBERT A. BURNS JULE M. XANNAFORD ROBERT J. STRUYN JOHN 0. KIRBY TON' A. 13E IT ARTHUR B. WHITNEY MICHAEL A. OLSON PHILIP F. BOELTER MIC14EL A LAFO NO RUSSELL W, LINDOUISi LARRY W. JOHNSON (612) 340-2600 WILLIAM B. PAYNE BRADFORD L FERGUSON DAVID R. BRINK THOMAS S. HAY CABLE: DORO W JAN STUURMANS ROGER J. MAGNUSON HORACE HITCH VIRGIL N. MILL G. LARRY GRIFFITH CRAIG A. BECK TELEX: 29 -0606 R.A. SCHWARTZBAUER STEVEN K.CHAMPLIN J. ROBERT NIBBS JAY COOK ROBERT V. TARBOX ROBERT J JOHNSON DAVID L MCCUSKEY THOMAS 0. MOE TELECOPIER :(612) 340 -2868 DAVID N. FRONEK THOMAS W. TINKIUIM STANLEY REIN CHARLES L. POfUZNIK M. B. NASSELOUIST JAMES M. UHAGAN JON F. TUTTLE VERLANE L. ENDORF PETER DORSEY JOHN M. MASON 1466 W -FIRST NATIONAL BANK BUILDING ROBERT A HEIBERG DENNIS BURATTI GEORGE P. FLANNERY MICHAEL W. WRIGHT ST. PAUL, MINNESOTA 66101 RTLE EMERY W BARTLE GEORG EANN BECKER CURTIS l ROY LARRY L VICKRE7 (612) 227 -8017 MICHAEL J. ROBERT HOB BINS ARTHUR E. wEISBERG LORENR KNOTT PAUL SCHEMER BARRY D. GLAZER WANE E JOSEPH PHILLIP H. MARTIN CURTIS L STINE PETER HENDRIASON JAMES B. VESSEY REESE C. JOHNSON MICHAEL TRUCANO MICKY HAY WILLIAM A WHITLOCK CHARLES J HAUENSTEIN JONATHAN VILLAGE CENTER WILLIAM J KEPPEL IRVING WEISER EJ SC14WARTZBAUER CHARLES A GEER CHASKA, MINNESOTA 66318 JAMES A FLADER STEPHEN GOTTSCHALK THOMAS M. BROWN JOHN C ZWAKMAN (612) 448 -4012 WILLIAM AJOHNSTONE THOMAS ELKINS CORNEWS D. MAHONEY JON R WICKS WILLIAM E. BOOEN THOMAS S. ERICKSON EUGENE L JOHNSON WILLIAM P. LUTHER WILLIAM C BABCOCK JOHN W. WINDHORS',JR. DOUGLAS D MCFARLANO OF COUNSEL MICHAEL E BRESS MICHAEL PRICHARD 116 THIRD STREET SOUTHWEST DAVID LBOEHNEN DAVID E. BRONSON RAYMOND A REISTER WILLIAM R SOTH ROCHESTER, MINNESOTA 66901 ALAN D. GILLILAND LEAVITT R. BARKER JOHN J. TAYLOR THOMAS R ANTHEY (607) 288-3166 LAWRENCE R. OLIVER GEORGE E. ANDERSON BERNARD G. HEINZEN RICHARD G. SWANSON FRANK H. VOIGT ROBERT L. VANFOSSEN March 6, 1975 Mr. Warren C. Hyde Edina City Manager 4801 West 50th Street Edina, Minnesota 55424 Re: Southdale Bowl - License Renewals. Dear Warren: The licenses for the Southdale Bowl, both for the amusement devices commonly known as pinball machines and for the bowling alley itself, expire this coming April 1. I presume that the licensees will soon be filing re- newal applications with you for both the pinball machines and the bowling alley. As you know, the Council has expressed concern over these licenses and has discussed a possible review of all activities at Southdale Bowl at the time of and in connection with the April 1 license renewals. Be- cause of the situation at Southdale Bowl, I thought it advisable to set out the procedure as provided by ordinance for renewals and hearings before the Council. Renewals Generally. Both the pinball licensing ordinance (No. 211) and the bowling alley license (No. 202) relate back to and incorporate Ordinance No. 141, which is the general licensing ordinance. Ordinance 141 requires that the person desiring the license file a renewal request with the Clerk, accompanied by the required fees, surety bonds, insurance policies, and any other documents required by the applicable ordinance. The ordinance then provides that the Manager may deny the license for the reasons stated in Ordinance 141. If denied, written notice of such denial must be given to the applicant, together with reasons for the denial. The notice must also inform the applicant that he may have his fees and bonds returned, may submit a new application, or may appeal to the Council (Sec. 5). Appeal to the Council must be pursuant to written notice filed with the Clerk, and the appeal is to be heard 30 days thereafter (Sec. 6). Although the ordi- nance is not specific on the point, it would appear that if the hearing is subsequent to the April 1 expiration date of the then existing license, the licensed operation would have to cease until a new license was granted. As DORSEY, MAROUART, WINDHORST, WEST $ HALLADAY Mr. Warren C. Hyde Page.2 March 6, 1975 stated in my.previous letter dated September 6, 1974, to you and the Council concerning Southdale Bowl (a copy is attached), the licensee at such hearing must have an opportunity to be heard, to explain the reasons for the denial, and to present any defenses to them. The Council then, at that or any spec - ified future meeting, may make its decision. The decision, of course, should be made as soon as possible. Any denial by the Council should also recite specific findings of fact and reasons for the denial. Pinball Licenses As to the pinball licenses,.Sec. 10 of Ordinance 211 states that no such machines shall be played or used by persons under 18 unless accompanied by a parent or guardian, '.'nor shall any person in charge of the premises where the machine is located permit a machine to be played or used in violation of this section." Also, by Sec. 4(d) of Ordinance 141, a license may be denied for "repeated violation of licensing ordinance by applicant...." It would, therefore, appear that denial of the pinball machine licenses for Southdale Bowl could be based upon repeated violation of the licensing ordinance, No. 211, in that persons under 18 have been allowed to play or use the machines, and the person in charge has permitted such playing. The factual data in support of that reason should be given to the applicant, should you deny renewal of such licenses, and presented to- the Council at the hearing on the matter if your decision to deny is appealed to the Council. Section 4 of Ordinance 141 also states that the Manager may request - written recommendations upon any renewal applications from officers or employees of the City. You may wish to obtain such reports from them to support denial of renewal of the pinball licenses, should you decide to so act. Bowling Alley License. As to the bowling alley license, Sec. 7 of Ordinance 202 sets out a number.of reasons for which the license renewal may be denied. One is that the proposed building does not comply with all City ordinances and state laws. Another is that there .is "reasonable cause" for refusing to grant a license. A further reason is that in subparagraph (d) of Sec. 4 of Ordinance 141, namely: "repeated violation of licensing ordi- nances by applicant...." As to these reasons, we do know that the building. 'presently does not comply with City ordinances and state laws, but it is my understanding that Southdale Bowl has agreed to comply with the Fire Prevention Bureau's compliance orders. I do not know the present status of that compliance. Also, the bowling alley operator has, so I understand, repeatedly.violated Ordinance 211, a licensing ordinance,.relating to the pinball machines and the operation thereof by minors. The other reason set out above, i.e.,. that there is "reasonable cause" to deny the license, can be used to bring out all other difficulties at Southdale Bowl. In connection with this application for re- newal, should you wish to deny the same, then, as with other licenses, reasons DORSEY, MARQUART, WINDHORST, WEST a HALLAOAY Mr. Warren C. Hyde Page 3 March 6, 1975 therefor should be clearly stated to the applicant, with supporting data given. That same supporting data should be given to the Council so it will have them before it for review and decision at the hearing on the appeal, should such be filed. For that purpose, it would appear to be advisable to obtain written recommendations from such staff persons as you think appropriate. I trust this letter will be of some use to you in connection with these upcoming applications. I again refer you to my letter of September 6, 1974, attached, for further comment on these licenses and on the hearing procedures to be followed. If I can be of any help, or if you have any questions, please let me know. Very truly yours, TS E /abc AThom)as WS. Erickson Enclosure L FINDINGS AND ORDER (Repair of Dangerous or Substandard Building Pursuant to Ordinance No. 471) WHEREAS, the Edina City Council held a hearing on March 17, 1975, pursuant to City Ordinance No. 471, to determine whether or not the building at 5109 West 50th Street, Edina, Minnesota (the "Building "), and on the prem- ises.situated in the City described as follows: Lot 1 and the East 90 feet of Lots 20, 21 and 22, Block 2, "Grand View Heights ". Lots 3 to 7 inclusive, Block 8, "Tingdale Bros' Brookside ".. That part of Hopkins Road, vacated, lying between lines drawn across it from the Southeast corner of Lot 7, Block 8., "Ting- dale Bros' Brookside ", to the Northeast corner of Lot 1, Block 2, "Grand View Heights" and from the Southwest corner of Lot 5, in said Block 8,.to the Northwest corner of the East 90 feet of Lot 22, in said Block 2, according to the recorded plat thereof, .'is a dangerous building within the meaning of Ordinance No. 471; and WHEREAS, at the hearing, the facts in connection with the matter were fully presented by Robert J. Buresh, Assistant Fire Chief of the City of Edina, and Theodore Paulfranz, Inspector, Fire Prevention Bureau of the City of Edina, for and on behalf of the City of Edina, and by Robert F.; Henriksen, Vice- President of Gus Young's, Inc., for and on behalf of the owner of the Building. NOW, THEREFORE, being fully advised in the premises, the Edina City Council, pursuant to Ordinance No. 471, does hereby make the following FINDINGS: 1. That on November 18, 1974, an order was issued by Theodore Paul- franz, a member of.the Bureau of Fire Prevention and Deputy Building Official, to Mr. Gus Young and Business Developers, Inc., advising them that the Building was a dangerous and substandard building under paragraphs (a), (10), (g), and (h) of.Section 2 of Ordinance No. 471, because. the Building was in violation of Sections 505 and 3802 of the Uniform Building Code (the "UBC "), 1973 edition, as adopted by Ordinance No. 404, and Section 14.2 of the Fire Prevention Code (the "Fire Prevention Code ") recommended by the American Insurance Association (Edition of 1970), as adopted by Ordinance No. 611, and ordering installation of a sprinkler system on all areas of the first floor and basement of the Building in conformance with N.F.P.A. No. 13, 1966 edition, as adopted by Ordinance No. 611. 2. That on December 16, 1974, the owner.... of said Building, pursuant to Ordinance No. 471, appealed said order to the Edina City Council by notice of appeal filed.with the City Clerk within 30 days after the issuance of.the order. 3. That on February 3, 1975, the City Council, based on a report. given to the Council by Mr. Robert J. Buresh, Assistant Fire Chief of the City of Edina, pursuant to Ordinance No. 471, did find that there was probable cause to believe that the .Building was dangerous and ordered a hearing on the matter for March 17, 1975. 4. That notice was duly and properly given, pursuant to Ordinance No. 471, of the hearing held March 17, 1975, such service having been made, by registered mail, at least 10 days prior to March 17, 1975,. upon Business Developers, Inc., the owner of the Building; Gus Young's, Inc., the person in real or apparent control of the Building; and Midwest Federal Savings and Loan Association -2- and AMF Incorporated, lien holders of record; that notice of the hearing was also duly posted in a conspicuous place on the Building at least 10 days prior to the hearing date. -5. That the Building was constructed in 1956, and an addition was constructed in 1957. 6. The the Building is constructed of concrete block and prestressed concrete, and the shell of the Building, including the roof and first floor, is fire resistant. 7. That the total number of square feet in the basement of the Building is 5,180 square feet, and that the total number of square feet in the first floor of the Building is 33,281 square feet. 8. That partitions in the Building separating the various uses within the Building do not have fire - resistive ratings, as required by Section 503(a) of the UBC. _9. That the dividing.walls separating the F -1 uses (i.e., uses for storage garage for motor vehicle) and the C -3 uses (i.e., uses for day care of children) have openings in them, which openings are not allowed by Section 503(c)l of the UBC. 10. That the floor area of the Building exceeds that allowed by Section 13 of the "Building Code of the Village of Edina, Minnesota," as adopted by City Ordinance No. 51, which was in effect in 1956, when the original building was constructed, and also exceeds the floor areas allowed by Section 505(a) of the UBC now in force in the City. -3- 11. That the ceiling tile presently in the Building exceeds-the flame- spread ratings for ceiling tile established by Section 4204 of the UBC. 12. That the exterior wall openings in the first floor of the Building and the exterior wall openings in the basement of the Building are located in a spacing configuration that does not comply with the pro- visions.of Section 3802 of the UBC that would otherwise exempt the Building from the requirement of having an automatic fire extinguishing system. 13. That the basement is used for the storage of lumber and other flammable materials, and that such warehousing, without an automatic sprinkler system, is in violation of Section 3802 of the UBC. 14. That some of the electrical wiring in the Building has not been done in compliance.with the State Electrical Code. 15. That adequate exterior wall openings are required for the purpose of ventilating smoke and heat from the Building, to perform fire- - fighting and rescue operations through, and to serve as an emergency means of egress for occupants of, and firefighters operating within, the Building. 16. That because of the excessive square footage in the Building, the excessive flame- spread ratings of the existing ceiling tile, the lack of required fire - resistive partitions between uses within the Building, the existence of openings between dividing walls contrary to the provisions of the UBC; the storage of lumber and other flammable materials in the basement, and -the lack of properly spaced exterior openings, the Building is a fire hazard and dangerous to human life, and is therefore a dangerous, unsafe building under Section 203 of the UBC. -4- 17. That the Building is in violation of Ordinance No. 404 and of the Fire.Prevention Code adopted by Ordinance No. 611 of the City of Edina. 18. That under Section 106 of the UBC and Section 1.1 of the Fire .Prevention Code, equivalencies are allowed for the fire protection require ments otherwise established by the UBC and the Fire Prevention Code; that an acceptable equivalency in this case, for all of the above listed code violations other than the electrical wiring deficiencies, is the installation of an automatic sprinkler system throughout the Building. 19. That the present market value of the Building and the land upon which it is situated is $575,000; that the cost of installing an auto- matic sprinkler system throughout the Building is approximately $40,000 that it is anticipated that a fire insurance premium reduction can be anti- cipated by the owner in the approximate amount of 30% of the existing premium. 20. That. the Building can reasonably and economically be repaired so that it will no longer be in violation of any-of the ordinances of the City of Edina. 21. That an automatic sprinkler system can be installed throughout the Building within a period of approximately 90 days. 22. That the owner of the Building is also the owner of the building at 3401 West 69th gtreet,_in which the owner has previously agreed to install an automatic sprinkler system to comply with applicable City ordinances, and that the requirement to install an automatic sprinkler system in both buildings within a short period of time would be an economic hardship on the-owner of the buildings. M"M 23. That the Building is presently, and in the foreseeable future will be, operated on a <.24- hours -a -day basis; that there will at all times be persons in the Building to note and warn of any fire that might occur; that the owner has advised the Council that the lumber and other materials warehoused in the basement of the Building that are blocking exit doors will be removed immediately. THEREFORE, based upon the foregoing findings, the City Council does hereby order: 1. That a complete, automatic sprinkler system be installed in the Building in compliance and conformance with N.F.P.A. No. 13, 1966 edition, as adopted by Ordinance No. 611. 2. That said sprinkler system be completely installed and operative within twelve (12) months from the date of this order. 3. That within thirty (30) days from the date of this order, the owner shall have prepared and delivered to the Fire Prevention Bureau of the City of Edina complete working drawings for the installation of the required sprinkler system and a signed contract with a contractor providing for the installation of such system by not later than the date required.by this order, said construction drawings and said contractor to be acceptable to the Fire Prevention Bureau. 4. That all of the lumber and other materials warehoused in the basement of the Building that are blocking exit doors shall be removed within thirty (30) days from the date of this order. 5. That this order be served upon all persons required by Section. 10 of.Ordinance No.. 471, and be posted in a conspicuous place upoir the Building. .a 23. That the Building is presently, and in the foreseeable future will be, operated on a <.24- hours -a -day basis; that there will at all times be persons in the Building to note and warn of any fire that might occur; that the owner has advised the Council that the lumber and other materials warehoused in the basement of the Building that are blocking exit doors will be removed immediately. THEREFORE, based upon the foregoing findings, the City Council does hereby order: 1. That a complete, automatic sprinkler system be installed in the Building in compliance and conformance with N.F.P.A. No. 13, 1966 edition, as adopted by Ordinance No. 611. 2. That said sprinkler system be completely installed and operative within twelve (12) months from the date of this order. 3. That within thirty (30) days from the date of this order, the owner shall have prepared and delivered to the Fire Prevention Bureau of the City of Edina complete working drawings for the installation of the required sprinkler system and a signed contract with a contractor providing for the installation of such system by not later than the date required.by this order, said construction drawings and said contractor to be acceptable to the Fire Prevention Bureau. 4. That all of the lumber and other materials warehoused in the basement of the Building that are blocking exit doors shall be removed within thirty (30) days from the date of this order. 5. That this order be served upon all persons required by Section. 10 of.Ordinance No.. 471, and be posted in a conspicuous place upoir the Building. ,) t! FINDINGS AND ORDER (Repair of Dangerous or Substandard Building Pursuant to Ordinance No. 471) WHEREAS, the Edina City Council held a hearing on March 17, 1975, pursuant to City Ordinance No. 471, to determine whether or not the building at 5109 West 50th Street, Edina, Minnesota (the. "Building "), and on the prem- ises.situated in the City described as follows: Lot 1 and the East 90 feet of Lots 20, 21 and 22, Block 2, "Grand View Heights ". Lots 3 to 7 inclusive, Block 8, "Tingdale Bros' Brookside ". That part of Hopkins Road, vacated, lying between lines drawn across it from the Southeast corner of Lot 7, Block 8, "Ting - dale Bros' Brookside ", to the Northeast corner of Lot 1, Block 2, "Grand View Heights" and from the Southwest corner of Lot 5, in said Block 8, to the Northwest corner of the East 90 feet of Lot 22, in said Block 2, according to the recorded plat thereof, is a dangerous building within the meaning of Ordinance No. 471; and WHEREAS, at the hearing, the facts in connection with the matter were fully presented by Robert J. Buresh, Assistant Fire Chief of the City of Edina, and Theodore Paulfranz, Inspector, Fire Prevention Bureau of the City of Edina, for and on behalf of the City of Edina, and by Robert F. Henriksen, Vice - President of Gus Young's, Inc., for and on behalf of the owner of the Building. NOW, THEREFORE, being fully advised in the premises, the Edina City Council, pursuant to Ordinance No. 471, does hereby make the following FINDINGS: 1. That on November 18, 1974, an order was issued by Theodore Paul- franz, a member of.the Bureau of Fire Prevention and Deputy Building Official, to Mr. Gus Young and Business Developers, Inc., advising them that the Building was a dangerous and substandard building under paragraphs (a), (10), (g), and (h) of.Section 2 of Ordinance No. 471, because the Building was in violation of Sections 505 and 3802 of the Uniform Building Code (the "UBC "), 1973 edition, as adopted by Ordinance No. 404, and Section 14.2 of the Fire Prevention Code (the "Fire Prevention Code ") recommended by the American Insurance Association (Edition of 1970), as adopted by Ordinance No. 611, and ordering installation of a sprinkler system on all areas of the first floor and basement of the Building in conformance with N.F.P.A. No. 13, 1966 edition, as adopted by Ordinance No. 611. 2. That on December 16, 1974, the owner. of said Building, pursuant to Ordinance No. 471, appealed said order to the Edina City Council by notice of appeal filed with the City Clerk within 30 days after the issuance of the order. 3. That on February 3, 1975, the City Council, based on a report given to the Council by Mr. Robert J. Buresh, Assistant Fire Chief of the City of Edina, pursuant to Ordinance No. 471, did find that there was probable cause to believe that the Building was dangerous and ordered a hearing on the matter for March 17, 1975. 4. That notice was duly and properly given, pursuant to Ordinance No. 471, of the hearing held March 17, 1975, such service having been made, by registered mail, at least 10 days prior to March 17, 1975, upon Business Developers, Inc., the owner of the Building; Gus Young's, Inc., the person in real or apparent control of the Building; and Midwest Federal Savings and Loan Association -2- . . and AMF Incorporated, lien holders of record; that notice of the hearing was also duly posted in a conspicuous place on the Building at least 10 days prior to the hearing date. 5. That the Building was constructed in 1956, and an addition was constructed in 1957. 6. The the Building is constructed of concrete block and prestressed concrete, and the shell of the Building, including the roof and first floor, is fire resistant. 7. That the total number of square feet in the basement of the Building is 5,180 square feet, and that the total number of square feet in the first floor of the Building is 33,281 square feet. 8. That partitions in the Building separating the various uses within the Building do not have fire - resistive ratings, as required by Section 503(a) of the UBC. _9. That the dividing.walls separating the F -1 uses (i.e., uses for storage garage for motor vehicle) and the C -3 uses (i.e., uses for day care of children) have openings in them, which openings are not allowed by Section 503(c)1 of the UBC. 10. That the floor area of the Building exceeds that allowed by Section 13 of the "Building Code of the Village of Edina, Minnesota," as adopted by City Ordinance No. 51, which was in effect in 1956, when the original building was constructed, and also exceeds the floor areas allowed by Section 505(a) of the UBC now in force in the City. Isis 11. That the ceiling the presently in the Building exceeds-the flame- spread ratings for ceiling tile established by Section 4204 of the UBC. 12. That the exterior wall openings in the first floor of the Building and the exterior wall openings in the basement of the Building are located in a spacing configuration that does not comply with the pro- visions.of Section 3802 of the UBC that would otherwise exempt the Building from the requirement of having an automatic fire extinguishing system. 13. That the basement is used for the storage of lumber and other. flammable materials, and that such warehousing, without an automatic sprinkler system, is in violation of Section 3802 of the UBC. 14. That some of the electrical wiring in the Building has not been done in compliance.with the State Electrical Code. 15. That adequate exterior wall openings are required for the purpose of ventilating smoke and heat from the Building, to perform fire- fighting and rescue operations through, and to serve as an emergency means of egress for occupants of, and firefighters operating within, the Building. 16. That because of the excessive square footage in the Building, the excessive flame- spread ratings of'the existing ceiling tile, the lack of required fire - resistive partitions between uses within the Building, the existence of openings between dividing walls contrary to the provisions of the UBC; the storage of lumber and other flammable materials.in the basement..and -the lack of properly spaced exterior openings, the Building is a fire hazard and dangerous to human life, and is therefore a dangerous, unsafe building under Section 203 of the UBC. -4- r 17. That the Building is in violation of Ordinance No. 404 and of the Fire.Prevention Code adopted by Ordinance No. 611 of the City of Edina. 18. That under Section 106 of the UBC and Section 1.1 of the Fire Prevention Code, equivalencies are allowed for the fire protection require- ments otherwise established by the UBC and the Fire Prevention Code; that an acceptable equivalency in this case, for all of the .above listed code violations other than the electrical wiring deficiencies, is the installation of an automatic sprinkler system throughout the Building. 19. That the present market value of the Building and the land upon which it is situated is $575,000; that the cost of installing an auto- matic sprinkler system throughout the Building is approximately $40,000 that it is anticipated that a fire insurance premium reduction can be anti- cipated by the owner in the approximate amount of 30% of the existing premium. 20. That the Building can reasonably and economically be repaired so that it will no longer be in violation of any of the ordinances of the City of Edina. 21. That an automatic sprinkler system can be installed throughout the Building within a period of approximately 90 days. 22. That the owner of the Building is also the owner of the building at 3401 West.69th Street,:in which the owner has previously agreed to install an automatic sprinkler system to comply with applicable City ordinances, and that the requirement to install an automatic sprinkler system in both buildings within a short period of time would be an economic hardship oh the owner of the buildings. -5- i 23. That the Building is presently, and in the foreseeable future will be, operated on a,24- hours -a-day basis; that there will at all times be persons in the Building to note and warn of any fire that might occur; that the owner has advised the Council that the lumber and other materials warehoused in the basement of the Building that are blocking exit doors will be removed immediately. .THEREFORE, based upon the foregoing findings, the City Council does hereby order: 1. That a complete, automatic sprinkler system be installed in the Building in compliance and conformance with N.F.P.A. No. 13, 1966 edition, as adopted by Ordinance No. 611. 2. That said sprinkler system be completely installed and operative within twelve (12) months from the date of this order. 3. That within thirty (30) days from the date of this order, the owner shall have prepared and delivered to the Fire Prevention Bureau of the City of Edina complete working drawings for the installation of the required sprinkler system and a signed contract with a contractor providing for the installation of such system by not later than the date required-by this order, said construction drawings and said contractor to be acceptable to the Fire • Prevention Bureau. 4. That all of the lumber and other materials warehoused in the basement of the Building that are blocking exit doors shall be removed within thirty (30) days from the date of this order. 5. That this order be served upon all persons required by Section 10 of- Ordinance No.. 471, and be posted in a conspicuous place uporr the Building. REQUEST TO BE PLACED ON THE AGENDA OF THE EDINA CITY COUNCIL, MONDAY APRIL 7, 1975 AGENDA ITEM: CONSIDERATION OF HOUSE FILE 390/ SENATE FILE 129 BEFORE THE MINNESOTA STATE LEGISLATURE RE: THE SALR OF WINE IN RESTAURANTS: ITEM TO BE PRESENTED BY PAULA HARRISON 5520 COUNTRYSIDE ROAD EDINA, MINNESOTA 927 -6928 THANK YOU. PAULA HARRISON 131115 r . • . a -� t V Introduced by ass Patton, Jacobs, H.F. No. 390 Novak, A. Carlson (House; H.F. 390) February 13th, 1975 Companion S.F. 129 Com, on Commerce & Economic Development Ref. to S. Com. on Reproduced by PHILLIPS LEGISLATIVE SERVICE Messrs. Coleman, Bangland Borden introduced -- (Senate) S. F. r No.,, 129.:.. Referred to the Committee on Labor and Commerce 1 A bill for an act 2 relating to intoxicating liquorf authorizing 3. certain sales by restaurantsy amending Minnesota '. Statutes.1974, Sections 340,02, Subdivision 5= and 5. 340allo by adding a subdivision, 6 BE IT-ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTAs 7 Section to Minnesota statutes 1974v Section 340,110 is 8 amended by adding,a subdivision to reads 9, Subd, 20, [ON -SALE WINE LICENSES.7, (a) "On -sale wine 1'0 ,licenses" shall mean licenses authorizing the sale of wine 11 ..not exceeding 21 percent alcohol by volume, for consumption 12 on the licensed premises onlyo in conjunction with the sale 13 of -good, 14 (b) For purposes of this subdivision "restaurant" shall. 15 mean an establishment, under the control of a single 16 proprietor or manager, havinq appropriate facilities for 17 serving meals, and where, in consideration of payment 18 therefore meals are regularlyserved at tables to the 19 general public, and which employs -an adequate staff to wawww�.w.wwwww.�wo�worww w� w ®ueq . .20 provide the usual and suitable service. to its guests, F. wia�_ on�w+ v�o�r. ww� .•.w.�n..�.�ro�r�w+wm.s..� ®o7 21 (c) Any municipality which maintains a municipal liquor 22 store or any municipality or county authorized to issue ' p. w�oo�w�.. r�wrv�wwrw�w� .vmrao�.wt.aos�ocoa7. . 23 "on -sale" licenses for the sale of intoxicatinq liquor may • 1 I I' I i . I 1 issue on -sale wine licenses to any restaurant having 2 facilities for seating not fevier 25 guests at one t 4 _ 3 The licenses shall be in addition to the number of on -sale licenses %for the sale of in toxicatin4'liquor authorized by I �����.�- -..vim. 5� the intoxicating liquors act, The fee for.on -sale wine licenses shall be set-by the issuing authority® but shall 7 not exceed one half of the license fee charged by the 8. municipality for an on -sale licensee or s2,000, whichever is. 9 less, Licenses issued pursuant to this subdivision shall 10 not be effective until approved by .the, commissionneer,® The 11; licenses shall authorize the sale of wine as herein provided 12 on all days of the week, 13 Secs 2, Minnesota Statutes. .1974# Section 340,02x. 14 Subdivision 5e is amended to reads r 15 Subdo 59 [WHOLESALE LICENSE' FEES.] The commissioner .16 may issue wholesale licenses upon application and payment of 17 a license fee of s10 per annum, which license shall permit 18 the licensee'to sell non - intoxicating malt beverages to 19 holders of on or offWsale retail .licenses OPand wine to 20 holders of an 'on -sale wine license The fee therefor shall 21 be -paid into the state treasurys AnY Person licensed as a 22 manufacturer or wholesaler of intoxicating malt liquors 23 shall not be required to obtain any,such license and may 29 sell non-intoxicating malt beverages at wholesale Without 25 further license, 26 Secs 3o This act takes effect on the date of its, final 27 enactments r, SPEED _hETTAR ®. TO FRO SUBJECT —FOLD MESSAGE DATE ��• 1E 19 iS SIGNED Gm Line '"SNAP -A -WAY" FORM 44-902 3 -PARTS RETAIN WHITE COPY, RETURN PINK COPY WILSON JONES COMPANY 1961 0 PRINTED IN U.S.A. [MODEL ARBOR DAY PROCLAMATION] A PROCLAMATION TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING WHEREAS, our City is noted for its beautiful shade trees, which line our streets and arch over our homes, and WHEREAS, our City's trees have been a gift to.us from generations past, whose foresight and concern for the future motivated them to plant shade trees for our benefit, and WHEREAS, the ravages of shade tree diseases such as Dutch- - -E-lm - Disease and Oak- -Wil -t Disease- :threaten: -many of our City's shade trees with rapid destruction,. unless we act in a vigorous manner to control these natural disasters, and WHEREAS, we must use the time we have to plant new trees so that even when our Elms and Oaks have been destroyed (which we hope will be long in the future) there will be trees of other species to provide the shade, beauty and environmental benefits which we so greatly enjoy, and WHEREAS, Arbor Day, April 25, 1975, is a day set aside to engage in the planting of new trees, and to contemplate and appreciate the contribution made by shade trees to our City, NOW, THEREFORE, I, the MAYOR OF THE CITY OF DO HEREBY PROCLAIM April 25, 1975, as "ARBOR DAY' IN THE CITY OF , and DO FURTHER PROCLAIM THE 30 -DAY PERIOD FROM APRIL 25 TO MAY 25.AS "ARBOR MONTH" AND I CALL UPON THE PUBLIC SPIRITED AND FORESIGHTED CITIZENS OF OUR CITY TO PLANT TREES NOW FOR THE FUTURE ENJOYMENT OF US ALL, SO THAT OUR CITY MAY CONTINUE TO POSSESS BEAUTIFUL SHADE TREES. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND Mayor AND OF QUALITY FOODS OFFICE OF THE COMMISSIONER April 49 1975 James Van Valkenburg Mayor 4204 Philbrook Lane Edina, MN 55424 Dear Mayor Valkenburg: STATE OF MINNESOTA DEPARTMENT OF AGRICULTURE STATE OFFICE BUILDING SAINT PAUL, MINN. 55155 (612) 296 -2856 As you knowq Arbor Day is set by law as the last Friday in April$ which this year occurs on April 25. You are undoubtedly also very much aware of the threat posed to our cities, shade trees by Dutch Elm Disease and Oak Wilt Disease. While massive efforts are being made state wide to control these two diseases, any such efforts can only buy time. Governor Anderson emphasized this point in his Environmental Budget Message. After recommending that the State spend $3 *0009000 in the next Biennium for shade tree disease controlp the Governor stated: "But I must warn the citizens and officials of Minnesota that these efforts will only buy time. We must use this time effectively by planting other species so that there will always be large and handsome trees adding to the beauty of our state. By prompt and effective action, we can avoid the ecological disasters which have overtaken our neighboring states." Accordingly# I urge you to act to proclaim Arbor Day in your Cityp and I also request that you proclaim the 30 -day period from April 25 through May 25 as "Arbor Month ". I have enclosed a sample proclamation which you might find useful. I would be pleased to hear from you concerning your efforts to increase the planting of shade trees. With all best wishesp I am V sinc 13 ly y/1 urs Jo efald s #C, issioner of griculture Enc. ENJOY THE HIGH QUALITY AND INFINITE VARIETY OF MINNESOTA FOODS a f April 7, 1975 5800 View Lane Edina, Minnesota Hon. James Van Valkenburg, Mayor City of Edina 4801 West 50th Street Edina, Minnesota 55424 Dear Sir: The purpose of this letter is to advise you of my interest in the proposed Arts and Crafts Center for Edina. I think such a center would provide education and enjoyment for many in the community. It is encouraging that plans have progressed to this point. I am hopeful that funding will now be approved and that the.center can be completed quickly. Thank you for any assistance you can provide toward this objective. Copies to Members of the Council.: C. Wayne Courtney Mrs. Allen P. Schmidt Willis F. Shaw Fred Richards Sincerely, i Mrs. Robert J. Schramm Mayor and Members Village of Edina Edina, MN 55424 THE CHURCH OF ST. STEPHEN THE MARTYR (EPISCOPAL) 4439 West 50th Street /Edina, Minnesota 55424 /Phone 920 -0595 The Rev. John H. MacNaughton, B.A., B.D., Rector The Rev. Dudley Beresford, B.Sc., B.A., L.Th., Associate Rector The Rev. George L. Head, B.A., M. Div., Church Administrator Mrs. John (Trudy) Kellogg, Education Coordinator April 9, 1975 of the Council Dear Mayor and Members of the Council: We have been advised that you will be reviewing a proposed Park Board improvement to Utley Park at your Council Meeting on Monday, April 14. We support the proposed addition of a hockey rink to the west of the tennis courts with general skating facili- ties surrounding the proposed rink and to the south and slightly east of the tennis courts. We feel the addition of a permanent warming house to the current building along with a well lighted and maintained skating area will greatly improve the park and general neighborhood. We of course would welcome any and all additions to adjacent parking facilities that could be used by the Church on a year - round basis. We understand that currently there are no organized hockey programs on Sunday mornings. We would like to suggest that if possible the Park Board consider a delayed opening of the pro- posed permanent shelter until 1:00 p.m. on Sundays. We think this would minimize any traffic conjestion on Sunday morning at the 50th and Wooddale intersection. On April 8th the Vestry of St. Stephen's Church approved by vote the writing of this letter and the concerns expressed herein. Thank you for your cooperation and understanding and if we can be of any assistance on this project please advise us at your convenience. Sincerely, George L. Head Business Administrator' GLH:cf April 10, 1975 THE TARGET IS BIKE SAFETY The Edina Citizens Safety Council has taken initial steps to introduce the community to a bicycle safety program. Edina is a community that has advanced in bicycle and pedestrian trail systems. The Citizens Safety Council has issued a statement that states with the "phenomenal rise in popularity of bicycling in Edina, the Safety Council believes there is an immediate need to inform citizens of Edina about bicycle safety." THE COUNCIL has suggested the Edina Public Safety Department administer a bicycle program by initiating the following: a paid youth force during the summer months, community service officers, and police officers to oversee the program and the enforcement of the licensed bicycles ordinance. The Council also recommended that bike riders with first offenses receive a warning ticket indicating the law broken. For future violations, a traffic ticket will be issued. For additional offenses within six months, bicyclists will be ticketed for the specific violation according to law. FOR BICYCLISTS under 18 years of age, the Council recommended the following: FIRST OFFENSE: warning ticket issued to violator, stating what law was broken and what will result if there are future violations. ADDITIONAL offenses within three months: a letter from the Edina Public Safety Director, sent to the parent and /or legal guardian informing him of the circum- stances surrounding the child's violation: a request for assistance in curbing any further violation of the Bicycle Safety Laws by that child. - 2 - The Council also suggested a direct mailing to all households in Edina informing the public of bike safety laws in Edina. The law (Ordinance 1421) provides for registration of bikes and application with the city clerk for every bicycle owner. THE LAW provides for a tag or plate to each licensed bicycle. A fee of $2.00 must be paid to acquire the license.. Whenever ownership is transferred to another resident of the City, a new license shall be obtained by the transferee within five days after transfer of ownership. Cancellation of a license will occur if a holder violates any ordinances of bicycling. Bikes without licenses may be impounded until proof of ownership is obtained and a license is obtained. The Edina City Council will study these proposals of the Safety Council and take action soon. April 10, 1975 Letter to City Council: The Edina Citizens Safety Council is concerned with bicycle safety. With the phenomenal rise in popularity of bicycling in Edina and with the advent of our City's new Bicycle and Pedestrian Trail System, the Citizens Safety Council feels there is an immediate need to inform citizens of Edina about Bicycle Safety., We also feel very strongly that the Edina Public Safety Police Department should enforce all traffic laws pertaining to bicyclists. We recommend that the Public Safety Police Department administer this program by: 1. Police Officers 2. Paid youth force (summer months only) 3. Community service officers It should be mandatory that Ordinance No. 1421 (An Ordinance Regulating Operation and Requiring Licensing of Bicycles, and Providing a Penalty) of the City of Edina be enforced (copy attached). Specifically, for those adult bicyclists 18 years of age or older, we recommend the following: 1. First Offense: A warning ticket issued to the violator, stating what law was broken and that for any future violation he will receive a police traffic ticket. 2. Additional Offenses (within 6 months): Bicyclists will be ticketed for the specific violation according to law. For those bicyclists under 18 years of age, we recommend the following: 1. First Offense: Warning ticket issued to violator, stating what law was broken and what will result if there are future violations. Letter to City Council Page 2 April 10, i977 2. Additional Offenses (within 3 months): A letter from the Edina Public Safety Director to be sent to the parent and /or legal guardian inform- ing them of the circumstances of their child's violation; and request their assistance in curbing any further violation of the Bicycle Safety Laws. .(See sample letter attached.) We also feel that the way to inform the bicycling public in our City regarding the above is by a direct mailing to households. We would also plan for publicity through local newspapers. We are enclosing a proposed mailer which is self - explanatory. Thank you for your consideration. Edina Citizens Safety Council PROPOSED MAILER TO HOUSEHOLDS Dear Edina Bicyclists: LIKE TO BIKE? THEN BIKE RIGHT! Traffic laws -are for you - - - -- -too!! All bike riders must learn, know and obey traffic laws, for their own personal safety as well as others, when riding their bikes.. DO YOU ? ? ? ? ?? 1. Stop at STOP SIGNS? 2. Use hand signals? 3. Ride on the "right" side of the road? 4. Ride alone - - -- one on a bike? 5. Obey traffic lights. There's been a boom in bicycling in Edina -- with more and more bikers of all ages on our City streets, sidewalks and trails. Your Edina Citizens Safety Council is concerned with the growing safety problems and wants to make biking safer for all of us. Effective immediately, all traffic laws pertaining to bicycles will be enforced by the Edina Public Safety Police Department. In order to make you more informed regarding the rules and regulations of bicycling, we are enclosing a fact sheet for your information. IT'S FUN TO BIKE - - - - - -- SO LET'S BIKE RIGHT!!!! Edina Citizens Safety Council Dear Mr. and Mrs. Your son (daughter) has violated the Minnesota State.Bicycle Law for the second (third, fourth) time. We are respectfully requesting your assistance in having these violations discontinued. If your son (daughter) commits another violation, it will be necessary for us to impound the vehicle indefinitely until we have received a satisfactory assurance that he (she) will obey the law. Edina Director of Public Safety l ORDINANCE NO. 1421 An Ordinance Regulating Operation and Requiring Licensing of Bicycles, and Providing a Penalty. Section 1. License Required. No person shall ride or use a bicycle upon any public street, highway, or boulevard, such bicycle being owned by a resident of the Village or custom- arily kept or stored at a place within the Village, unless the same shall be licensed as herein provided. Sec. 2. License Procedure and Control: Penalties. The provisions of Ordinance No. 141 of the Village, including the penalty provisions thereof, shall apply to all licenses required by this ordinance and to the holders of such licenses, except as herein otherwise provided. - Sec. 3. Fee. The fee for the license required by this ordinance shall be S2. Sec. 4. Expiration Date. Such license shall be valid . as long as the bicycle remains the property of the licensee. Whenever ownership is transferred to another resident of the Village, a new license shall be obtained by the transferee within five days after transfer of ownership. Sec. 5. License Plate and Registration Card. There shall be issued to the licensee a suitable tag, plate, seal or other device which shall be attached to the frame of the licensed bicycle. A registration card shall be issued which shall show the name of the licensee, the name of the manufacturer of the bicycle and its frame number, the type of bicycle, the Lcense number and the date of issue. The Village shall keep the same information by means of a duplicate registration card. The approval of the Villa -e Manager shall not be required for the issuance of any license hereunder. Sec. 6. Administration. The Village Clerk shall, at least once a month, pay over to the Village Treasurer all fees received pursuant to this ordinance. The Chief of Police shall have the powers and duties of the Village Manager or his deputy to enforce the provisions of this ordinance and Ordinance No. 141, with respect to bicycles licensed here- under and their owners and operators. Sec. 7. Replacement of Lost License or Card. Upon ap- plication and satisfactory evidence of loss of a license plate or registration card issued hereunder, a new license plate or card, or both, shall be issued upon payment of a fee of 75V. Sec. 8. Destruction of Frame or License. No person shall willfully or maliciously remove, destroy, mutilate or alter the frame number of any bicycle licensed hereunder, or any license tag. plate, sea! or other device or registration card as Ion, as the licensing of the bicycle hereunder is in effect; provided, that nothing herein shall be deemed to prohibit the Village Clerk or other anent of the Vilh_e from stamping numbers on the frames of bicyces on which no serial number can be found or on which said number is illegible or insufficient for purposes of identitication. Sec. 9. Impounding. A bicycle required to be licensed hereunder which has been impounded ded under the provisions of Section 9 of Ordinance No. 141 shall be surrendered upon 251 payment of the license fee, an impounding fee of 50¢ and a storage fee of 10¢ for each day of storage after the first 24 hours. If the bicycle is not one required to be licensed hereunder, no fee shall be paid to the Village. Sec. 10. Conditions of License. Every license issued here- under shall be deemed to be granted subject to the following conditions: (a) No person shall ride or propel any bicycle upon any sidewalk in such a manner as to interfere with any pedestrian. thereon; (b) No person shall ride or propel a bicycle upon a public street, highway or sidewalk except in a prudent and careful manner and unless such person shall be capable of efficient control and operation of the bicycle; nor shall any person propelling or operating a bicycle upon a public street, highway, or sidewalk carry or permit to be carried any other person upon such vehicle; (c) No bicycle shall be ridden faster than, is reasonable and proper, but shall be operated with reasonable regard to the safety of the operator and other persons upon the streets and other public highways; (d) Persons riding bicycles shall observe all traffic signs and stop at all stop signs; (e) No bicycle shall be permitted on any street or other public highway between 30 minutes after sunset and 30 minutes before sunrise without a headlight visible from the front thereof for not less than 500 feet, indicating the approach or presence of the bicycle, firmly attached to such bicycle and properly lighted, nor without a red taillight, or in lieu thereof, a reflector attached to and visible from the rear of such bicycle for a distance of not less than 200 feet; (f) No person under the age of 16 years shall ride or propel such bicycle upon any street, highway or sidewalk abreast of any other person so riding or propelling a bicycle; and (g) Every person ridirig or propelling a bicycle upon any street, highway or sidewalk shall observe all traffic rules and regulations applicable thereto and shall turn only at inter- sections, signal for all turns, ride at the right -hand side of the street or highway, pass to the left when passing and overtaking vehicles that are slower moving, and pass to the right when meeting. Sec. 11. Application to Unlicensed Vehicles. The con- ditions and regulations prescribed in Section 10 above apply to all bicycles operated upon any public street, highway or sidewalk of this Village whether or not licensed hereunder. Sec. 12. Terms Defined. The term "bicycle" as used herein shall have its usual and accepted meaning, but shall not include any motorcycle or other vehicle to which a license is issued under the laws of the State of Minnesota. Sec. 13. Summary Revocation of License. The Chief of Police may, when notified of any violation of this ordinance, summarily order the suspension of a license issued hereunder for a period of time not to exceed 90 days. The licensee shall thereupon surrender the license plate and registration card icpmPd tinier the suinended license to the Villa_e Police Depa,u-ncat, tG Ve teiumi —u to Iuu, after cxpkration of the period of suspension. 14. Penalty. Any person violating this ordinance shall be guilty of a misdemeanor, and subject to a fine of not exceed- ing 5300 or imprisonment in the Village or County jail for a period of not exceeding 90 days, with costs of prosecution in either case to be added. Such penalty may be imposed in ad- dition to revocation or suspension of license. 252 RIGLIT" _,tN-0 -ICYC- 'TS: - V' � -4 ' I ES 1! LIS Me T 7_1 TA14 PROVI� Ti P_ 10 1, - -'; c 1- 1. E:- , " S a I'; -f T. , L_!;_'nzuesota (Slect.,,on 169,221, S!Aodivision 1) says Itven7 upoi,. -2 bf- -,i- z-n c.' I oc One rights and Shall )i,' J. subject to LIA the 6-aties apP1-!.z_'c8b__',e to c't* v��'hicla exee,!)t as o spracia", .^a —:'a Z'r's Z5 .d yegulzi;tioaa tiL-Lat not applic-able. _ 0 .- !_ - - r IV 11:e a r2!'-nonsi!,L- is forbl-.1�-en to niter, eleface, Ir.acelk down OZ remc.ve aq, IC ign or Gigna Fit) S d L %. i 3 les the - clist must ride on or astride the u .1 2 wid what Cy ycle seat, peviaaaent M2c '�O :"nss-enaers: No bicycle sea be to carry 40Y2 passeElgers than the 11YYraber .;.or which it is desivned, L-rd equtipped, CIO Subii-visian 3 -L`aTbidn a cycl---s-, roller skater, coaster, and others getting rides by hanging onto th-a rea-r of other vehicles_ P.-'dict, rules Mhere- A As niear to the sl.da or" t_` -cidwsni no P-Zfncticable' D, Exercise e-ue care %Len pansi-11- a -veh-f-1- Or euotiher goin- in ttia I Lp C. Not more thsrl cwo zozenc;i: e-,"t"'apt Cn PaLho or pnrt3 '-�f aside for tha e;,cluoi-4e z2se 7,k, ZZO Pat's, nsn." nm- prit--te, lh�_-'V* bec-I vrov�ra--_'13.- Z. 0 .'t t7. 0a �_4 a' 1!z I b S L 1 -a 3C- d: I. t r i c t 0 1 Aare, L;-le :?;_dewalk5 pjvingr tl-.e -_4-.g ht of to �2-n -!B Omt CGrry an-thin'.' U�-'2L t-eeping- 11': laat !'__�Ycs s� cna hand on h--nm; Ie Ecuip-m2n : Fa rear red vigible from all up to fu et tc.) t4_'e rcz:17 v1ir-m tli-ec.-Lly -Z'n ftont of thiL- a t::;.)i:-3r veh�.Cla is 1'-equ'i%-Cd -It s'll t J B, use, .1 wh-'te l fo- 5:'.I t`.ate is _'r C. ",n a rear red v4's-Ible 5rit's �eet to the*r_'�ar is C i1 brrke car,vbl'� of maki.Iiv, tble wheel oklc,' :m., d----y, ievvl, pa-%r�amutt :La D All bicycles nu-st lbc.- lice-.Ged. J in'1:2�.n.;-,iomj to stcp, u.,jinr, ;_,-',Ie onre-a-cel.ha-4 Bo-7in oilgrtal-, not thar, 10120 fcat- n ne Frl�ar I_Izli? Y-.Q_'j RESOLUTION WHEREAS, the City of Edina has in its employ certain personnel; and WHEREAS, said employees are and will be rendering valuable service to the City; and WHEREAS, the City of Edina has considered the establishment of a Deferred Compensation Plan for the said employees made available to the City and to said employees by the International City Management Association Retirement Corpora- tion; and WHEREAS, said employees often are unable to acquire adequate retirement security under other existing and available retirement plans due to the contingencies of employment mobility; and WHEREAS,.the City of Edina receives benefits under said plans by being able to assure reasonable retirement security to said employees, by being more able to attract competent personnel to its service, and by increasing its flexibility in personnel management through elimination of the need for continued employment for the sole purpose of allowing an employee to qualify for retirement benefits. NOW, THEREFORE, BE IT RESOLVED that the City of Edina establish said Deferred Compensation Plan for said employees and hereby authorizes its Mayor to execute the Deferred Compensation Plan with the International City Management Associ= ation Retirement Corporation, attached hereto as Appendix A; and IT IS FURTHER RESOLVED that the City Manager may, on behalf of the City execute all Joinder Agreements with said employees and other eligible officials and officers, which are necessary for said persons participation in the plan, an example of which appears at Appendix B, except that any Joinder Agreement for said designated official shall be executed by the Mayor. ADOPTED this 21st day of April, 1975. 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 April 21, 1975, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this 28th day of April, 1975. City Clerk CITY OF EDINA April 18, 1975 TO:. Mayor and Council FROM: City Manager SUBJECT: DEFERRED COMPENSATION RETIREMENT PLAN FOR EDINA EMPLOYEES As of March, 1975, fourteen Minnesota cities plus the Association of Minnesota Counties, the League of Minnesota Municipalities, and the Metro Transit Com- mission were participants in the International City Management Association Retirement Corporation to provide' a deferred compensation retirement plan for their employees. In addition, I am.advised that. St. Louis Park and Richfield have approved participation.' - Among the fourteen are Albert Lea, Coon Rapids, Golden Valley, Mankato, Minnetonka, Shoreview and Plymouth. Hennepin County, and, I believe, Bloomington are in a similar plan of Aetna. The plan was "a long time a'comin "'. School employees have been eligible for such a plan since 1964, and shortly thereafter I asked ICMA to get the Internal Revenue Service to classify municipalities the same as educational and eleemosy- nary institutions. Finally, two or three years ago,.all details were worked out and the Retirement Corporation organized. Thirteen national organizations, including National League of Cities and National Institute of Municipal Law Officers, are sponsors of the non - profit system. Participation in this plan by a city does not increase salaries paid to those. employees who elect to 'take part. 'it 'does not cost the city any fee to join. It does allow any employee, and it must.be made available to all employees, to have any amount of his /her total salary paid to the Retirement Corporation to be held in trust and invested until the time of his /her retirement. At the present time, I am the only employee who has decided to participate. I have'not advised all employees of its existence, but several in the office with whom I have discussed it indicate interest. The handling charge of the ICMA plan is three -percent., compared to Aetna's eight percent, of all funds when they are received. In addition, the Retirement Corporation pays a yearly fee to its investment agent, American Security and Trust Company of Washington, D.C., of from 1/2 of 1 percent, to 1 /10 of 1 percent, . depending on balance in each of-the three "funds maintained. Amounts deferred are subject to Social Security and PERA contributions. By Federal Law, the employer, whose assets are-not subject to taxation, must be the owner of the deferred compensation and all of the income earned from its investment until the employee becomes eligible for its receipt. The agreement 4 'DEFERRED COMPENSATION RETIREMENT.PLAN FOR EDINA EMPLOYEES . -Page Two the.employer. signs with the employee is a continuing and binding obligation to.,pay..to:'the employee or to the employee's heirs, all of deferred: income.,.. plus its investment earnings, at,a future time. The Corporation maintains three funds, into any, one or all of which.an employee may designate that his contributions go. They are, Variable, Fixed Income, and Government Securities. The Corporation began on March-1, 1973. At the end of Fiscal 175, (March 1, 174. to February 28, '75), .there,were 314 employers and 605 employees,:participating, with receipts from contributions of $1,629,415 during that year. An annual report .is -in .preparation. I respectfully urge your passage of the attached resolution.. Waiied C. Hyde City Manager hd: Attachment r, ICMA RETIREMENT CORPORATION 1140 Area Code 202 Connecticut 293 -2200 Avenue Northwest Washington DC 20036 EMPLOYER INSTRUCTIONS The following are instructions for an employer's establishment of.the,ICMA Retirement Corporation, Deferred Compensation plan. Instructions for the employee are found in the leaflet entitled "Employee Enrollment Instructions." The officer of the employer responsible for the administration of this plan should also read the instructions for the employee, paying particular attention to the "Instructions for Amendments." Each enrolling employee should be advised to read -these instructions and be informed of the amendment date established by the employer. The employer must formally adopt the Plan and execute the document entitled "International City Management Association De- terred Compensation Plan." Once that has been accomplished, the employer need only sign each employee's Joinder Agreement. STEPS FOR PLAN ADOPTION 1. Obtain a resolution by the employer's governing body which adopts the Plan and authorizes the signing of documents. (See sample resolution on the back of this sheet.) 2. Execute four (4) copies of the "Deferred Compen- sation Plan" (brown ink on white paper) by filling in the complete legal name of the employer on the first line of the document, obtaining the proper sig- nature on the document's front page,, and. complet- ing the information section at the bottom of the front page. 3: Mail all four (4) copies of the Plan document to the ICMA Retirement Corporation. The Retirement Cor- poration will sign these and return two (2) copies for your records. STEPS FOR THE EMPLOYER TO ENROLL EMPLOYEES 1. Each participating employee should receive a copy of the implementation materials, to include an un- signed copy of the Plan document. (A copy is in- cluded in each package of materials.) 2. Once the employer has completed the Joinder Agreement, the appropriate official of the employer must complete the Agreement by affixing a signa- ture to three (3) copies in the section entitled "For Employer" at the top of the reverse side of the. Joinder, Agreement. 3. -Distribute the completed - Joinder Agreements as follows: a. One copy to the employee. b. Retain one (1) copy for record. c. Mail one (1) copy to the ICMA Retirement Cor- poration. Upon receipt the Retirement Corpora- tion will open an account for the employee. SUGGESTED RESOLUTION FOR A LEGISLATIVE BODY TO ESTABLISH THE PLAN The following suggested resolution may be used as a guide for the action of a city or county council in implementing the plan. Other types of jurisdictions or agencies may find it neces- sary.to alter the form. Note that it provides for execution of the Plan document and author- izes a designated official to sign any deferred compensation agreements which are. estab- lished in the future. RESOLUTION OF (CITY OF, COUNTY OF, etc.) In the Matter of: ESTABLISHING A DEFERRED COMPENSATION PLAN I, ;Clerk of the (City, County, etc.) of certify that the following resolution, proposed by (Council Member, Trustee, etc.) seconded by (Council Member, Trustee, etc.) (Council, Board, etc.) of the (City, County, etc.) this day of , 19 —, by the following vote: AYES: NAYS: ABSENT: (SEAL) No. —, do hereby and was duly - passed and adopted by the at a regular meeting thereof assembled Clerk of the (City, County; etc.) WHEREAS, the (City, County, etc.) has in its employ certain personnel; and WHEREAS, said employees are and will be rendering valuable services to the (City, County, etc.); and WHEREAS, the (City, County, etc.) has considered the establishment of a Deferred Compensation Plan for the said employees made available to the (City, County, etc.) and to said employees by the International City Management Association Retirement Corporation; and WHEREAS., said employees often are unable to acquire retirement security under other existing and available retirement plans due to the contingencies of employment mobility; and WHEREAS, the (City, County, etc.) receives benefits under said plans by being able to assure reasonable retirement security to said employees, by being more able to attract competent personnel to its service, and by increasing its flexibility in personnel management through elimination of the need for continued employment for the sole purpose of allowing an employee to qualify for retirement benefits. NOW, THEREFORE, BE IT RESOLVED that the (City, County, etc.) establish said Deferred Compensation Plan for said employees and hereby authorizes its (Mayor, Chairman, etc.) to execute the Deferred Compensation Plan with the International City Man- agement Association Retirement Corporation, attached hereto as Appendix A; and IT IS FURTHER RESOLVED that the (City Manager, Treasurer, etc.)- may, on behalf of the (City, County, etc.) execute all Joinder Agreements with said employees and other eligible officials and officers, which are necessary for said persons participation in the.plan, an example of which appears at Appendix B, except that.any Joinder Agreement for said designated official shall be executed by the (Mayor, Chairman, etc.). 9 • �i MEMORANDUM To. Mayor, City Council, and,City Manager FROM: Gordon Hughes, Environmental Planner SUBJECT: Open Space Committee Review of.EQC, Planning Commission, and Park Board Recommendations Regarding the.Open'Space Report The Open Space Committee at its April 17, 1975, meeting,,-reviewed the comments and recommendations of the above noted commissions regarding the Open Space Report of January 20, 1975. In light of these comments and recommendations, the Open Space Committee wishes to reaffirm the.recommendations contained in its January 20, 1975, ations is attached. report to the Council. A copy of these recommend' hl 5• The use recommend d for the 9 rties .is as ,00ll,lpws'- _,-��, - - -- a,� Iu�R e m men e d U_ sg' e 1 a• Hedberg Property -00'0' Recreational open space b• Cahill School -back lot v>e Protection open space c• Lincoln Drive,Flood Plan Protection. open space {Wallace'Kenneth Prop-} d• Glarden.Park Protection :.& Recreational e• McCauley Trail So. '7 prg ecPione& Recreational f. Krahl Hill Prg ec�oneopen space g• Moore Property- -1C Recreational open space Mirror Lake h• Moore Property - Protection &'Recreational .Melody ;Lake. open space i. Rjtl�ge F.Pae Recreational open space 6• he Open Space' Committee should be retained intact until the bond issue is completed and then start meeting on a quarterly basis with one of the prime objectives to develop a long range open space plan for Edina. We recognize the needs of open space in both the East Edina area and the country club area.so these areas should be of prime importance in future considerations. I B. Recommendations 1• The City Council'-should approve the.. committee's conclusions in'their entirety. 2• Action should be initiated to finalize purchase agreements on the parcels being acquired by purchase and life estates. The agreements should be subject to approval of a bond issue. 3• The South Edina Plan should be revised to reflect a 12 -15 acre subdivision dedication for open space.. 4• Following the completion of recommendation 2 the Committee should investigate combining together the monetary I needs as stated in the conclusions {approxi- mately $1M} with`':th.e forthcoming request from the Park Board for park improvements.unless the latter gets delayed too long. hl 5• The use recommend d for the 9 rties .is as ,00ll,lpws'- _,-��, - - -- a,� Iu�R e m men e d U_ sg' e 1 a• Hedberg Property -00'0' Recreational open space b• Cahill School -back lot v>e Protection open space c• Lincoln Drive,Flood Plan Protection. open space {Wallace'Kenneth Prop-} d• Glarden.Park Protection :.& Recreational e• McCauley Trail So. '7 prg ecPione& Recreational f. Krahl Hill Prg ec�oneopen space g• Moore Property- -1C Recreational open space Mirror Lake h• Moore Property - Protection &'Recreational .Melody ;Lake. open space i. Rjtl�ge F.Pae Recreational open space 6• he Open Space' Committee should be retained intact until the bond issue is completed and then start meeting on a quarterly basis with one of the prime objectives to develop a long range open space plan for Edina. We recognize the needs of open space in both the East Edina area and the country club area.so these areas should be of prime importance in future considerations. I 0707 FROM: MEMORANDUM Mayor., City Council, and City Manager Gordon Hughes, Environmental Planner SUBJECT: Environmental Quality Commission and Planning Commission Recommendations Regarding.the Open Space Report. The Environmental Quality Commission and Planning Commission reviewed the Open Space Report at their January, February, and March, 1975, meetings. Members of these commissions also participated in a March 1, 1975, tour of the properties recommended for acquisition:by the .Open Space Committee. The Environmental Quality Commission, on an 8 -1 vote, resolved to accept and approve the Open Space Report.and recommended that the .recommendations of the report be implemented in their entirety. The.Planning Commission unanimously recommended the following for each proposed open space site: - -The Hedberg Property (parcel no..5) should be included because it is shown on the South Edina Plan as parkland.and.is proposed to be acquired via subdivision dedication._ -- Acquisition of the Rutledge Park House (parcel no. 14) by life estate should be a Park Board responsibility .and not necessarily part of a comprehensive .open space plan. - -The Moore Property on Mirror Lake (parcel no. 18), proposed to be'purchased for recreational open space, should be excluded because it is quite narrow and is adjacent to the water; it is, therefore, of questionable value as active parkland. Site No..21, an active parkland area to be located on the Carl Hansen property north of Parkwood Knolls, would be an excellent replacement for parcel no. 18 in the Open Space Report. -- Because only 20 percent of the floodplain can be filled and developed, 80 percent of the Wallace Kenneth Property - South of Lincoln Drive (parcel no. 22) will remain as open space and be dedicated to the City whether or not it is included in the open space report. - -The Garden Park to Grove Street and Railroad Tracks site (parcel no. 28) is a logical extension of an existing park. -- Because the Moore Property on Melody Lake (parcel no. 29) is .too small and too far removed, it would not be enjoyed by many as protection or recreational open space, but would- be:more beneficial to the City as single family lots. Memo to Mayor; Council & Manager Page 2 - -The Karl Krahl Hill site (parcel no. 33), proposed to be purchased for protection open space, should be excluded because it could be developed and still retain much of its natural character. Inasmuch.as, the City is being sued for multiple residential zoning on this site, acquisition of this land is probably a political question at this time. - -The McCauley Trail South property.(parcel no.'37) should be excluded because the land is low and swampy, and would not be appropriate for active recreation open space; inclusion of this site appears to be an attempt.to try to locate and identify an open space site in this part of Edina even though those needs which cannot be met in the large backyards in the area can be met at Braemar Park or at the school facilities. - -The Cahill School site (parcel no. 42) is the open space buffer provided in the.Southwest.Edina Plan and should therefore be acquired to further accomplish that overall land use system. GH:ln April 17, 1975 . MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL ON APRIL 21, 1975 Answering rollcall were members Courtney, Richards, Schmidt, Shaw and Mayor. Van Valkenburg. MINUTES of March 17, 1975, were approved as submitted by motion of Councilman Courtney, seconded by Councilwoman Schmidt and carried. FIRE CHIEF JAMES MC NELLIS HONORED UPON HIS RETIREMENT. Mayor.Van Valkenburg read the following Resolution of Appreciation in recognition of the retirement of Fire Chief James McNellis: RESOLUTION OF APPRECIATION WHEREAS, Edina Fire Chief James McNellis was an original member of the Edina Volunteer Fire Department when it was organized in 1941; and WHEREAS, James McNellis became a member of the full -time Edina Fire Department upon its organization in 1955; and WHEREAS, James McNellis was appointed Fire Chief of the City of Edina on June 1, 1967; and WHEREAS, over the years, Chief McNellis has been known for his bravery, having risked his life on many occasions; and WHEREAS, under his very able direction, much progress has been made in the modern- ization of the Edina Fire Department and great strides have been made in fire prevention throughout the City; NOW, THEREFORE, BE IT RESOLVED that the Edina City Council commend FIRE CHIEF JAMES MC NELLIS for his outstanding accomplishments during his years of service for the City of Edina and wish him long years of happy retirement; and BE IT FURTHER RESOLVED that a copy of this resolution be recorded upon the pages., of the Minutes Book of the City of Edina and that an appropriate copy of this resolution be presented to Fire Chief James McNellis. Chief McNellis accepted the resolution and expressed his appreciation to the - Council. - -- BICYCLE SAFETY WEEK PROCLAMATION ADOPTED. Mayor Van Valkenburg read the follow- ing proclamation which was adopted by motion of Councilman Courtney, seconded by'Councilman Richards and carried: PROCLAMATION As Mayor of the City of Edina, I call upon all members of this commumity to give their wholehearted support to the 10th Annual Edina Bicycle Safety Program which will be conducted Monday, April 21 through Friday, May 9 under the united efforts of the Edina Lions, Jaycees, Rotary, Scout Troops, Police Department, Greater Edina Chamber of Commerce, Optimists, Southdale Optimists, Edina - Federated Junior Women's Club, League of Women Voters, The Womens Club and the PTAs and parent groups of the eight Edina Elementary Schools and three Parochial schools. The purpose of the Program is to reduce the hazards of bicycle riding for young bicyclists, as well as for pedestrians and motorists. The growing congestion of our streets and highways daily increases the dangers for the careless or unskilled rider. Reports of hundreds of deaths and thousands of injuries each year through- out our nation (due to collisions between bicycles and motor vehicles alone) have alerted us to the need for such a Program. By training our boys and girls, at an early age, in proper riding skills; by teaching them the laws governing bicyclists; by explaining the reasons for obeying safety rules; and by helping them to be aware of the hazards of biking -- we feel Edina is making a concerted attempt to assure that the number of accidents does NOT keep up with the ever increasing number of bicyclists. The energy crisis may even now be creating the need for our adults to use their bicycles as a means of transportation for short haul errands. It behooves us all to remember that a bicycle is no longer just a toy but a vehicle to be taken seriously; therefore we should all become thoroughly familiar with the "rules of the road" to minimize the incidence of accidents. The safety of our children cannot be relegated to a once =a -year campaign. I call for the support of every parent in carrying out this campaign all year long; and I urge every youngster to participate-in this Bicycle Safety Program and then practice what he has learned -- for his own safety as well as'other's. RESPECT FOR LAW WEEK PROCLAIMED. Mayor Van Valkenburg read the following.pro- clamation which was adopted by motion of Councilman Courtney, seconded by Councilman Richards and carried: "RESPECT FOR LAW WEEK" PROCLAMATION WHEREAS, crime and its effect upon the lives and property of our citizens cont- inued undiminished, despite efforts by government, citizens' organizations and many individuals; and 4/21/75 WHEREAS, the problems of crime touch and affect all segments of our society undermining and eroding the moral and economic strength of our communities and their citizens;.and WHEREAS, there is still a reluctance on the part of many citizens to involve themselves in actions to insure the protection, rights and.well -being of their fellow citizens; and WHEREAS, Optimist clubs and their members continue to sponsor and support pro- grams aimed at combatting crime and disrespect for law through year -round efforts; NOW, THEREFORE, BE IT RESOLVED that I, James Van Valkenburg, proclaim the week of May 1 -7, 1975, as RESPECT FOR LAW WEEK, and ask all citizens of the City of Edina to join with the,.Optimists in carrying the message of respect for law to other citizens, and by example, exercise responsible citizenship. PUBLIC HEARINGS CONDUCTED ON VARIOUS IMPROVEMENTS. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Due notice having been given, public hearings were conducted and action taken as hereinafter recorded. .A. PERMANENT STREET SURFACING, CONCRETE CURB & GUTTER AND SIDEWALK IMPROVEMENT NO. P -BA -205 IN THE FOLLOWING: W. 78th Street from Cahill Road to 3300 feet + West Council was advised that this project is proposed as a cooperative improvement with the City of Bloomington and is a continuation of the upgrading of the City of Edina Municipal State Aid system. Mr. Hyde presented total estimated cost of $780,989.71, proposed to be assessed in accordance with the City's policy of assessing State Aid streets at $15.00 per assessable foot for the street improve- ment, with cost of the sidewalk proposed to be paid from Municipal State Aid funds. No objections were heard from the audience, whereupon Councilman Courtney's motion authorizing the improvement was seconded by Councilman Shaw and carried. (See Resolution Ordering Improvement later in Minutes.) B. WATER MAIN IMPROVEMENT NO. P -WM -293 IN THE FOLLOWING: Parkwood Lane from North line of Parkwood Knolls 19th Addition to Parkwood Road C. SANITARY SEWER IMPROVEMENT NO. P -SS -323 IN THE FOLLOWING: Parkwood Lane from North Line Parkwood Knolls 19th Addition to 170' North Improvements P -WM -293 and P- SS- 323 affecting the same properties, public hearings were conducted concurrently. Mr. Hyde presented estimated total construction cost of Water Main Improvement P -WM -293 at $9,131.35, proposed to be assessed at a cost of $3,043.78 per lot, and the cost of Sanitary Sewer Improvement P -SS- 323 at $3,306..35, proposed to be assessed at an estimated cost of $1,102.12 per lot. Mr. Byron Zotaly, 5504 Parkwood Lake, said that he spoke for Mr. Edward Powers, 5500 Parkwood Lane, who was out of town and had not received his notice as yet. Mr. Zotaly said that both he and Mr. Powers would welcome the improve - ments provided the sewer could be installed deep enough to work satisfactorily. Mr. Dunn assured Mr. Zotaly that there would be no problem with the depth of the installation and said that the additional depth would not increase the cost of the projects appreciably. Councilwoman Schmidt's motion authorizing the improve- ment was then seconded by Councilman Richards and carried. (See Resolution Ordering Improvements later in Minutes.) D. WATER MAIN IMPROVEMENT NO. P -WM -292 IN THE FOLLOWING: Dovre Drive from Lincoln Drive to West Line Parkwood Knolls 19th Addition E. SANITARY SEWER IMPROVEMENT NO. P -SS -322 IN THE FOLLOWING: Dovre Drive from Lincoln Drive to West Line of Parkwood Knolls 19th Addition Improvements Nos. P- SS- 322.and P -WM -292 affecting the same properties, public hearings were conducted concurrently. Mr. Dunn presented total estimated cost of Water Main Improvement P -WM -292 at $9,171.12, proposed to be assessed at an estimated cost of $1,528.52 per lot and the total estimated cost of Sanitary Sewer Improvement SS -322 at $11,551.46, proposed to be assessed at an estimated cost of $1,925.24 per lot. Mr. Dunn said that these improvements are in connect - tion with a proposed plat and that all of the assessments are proposed to be assessed against the Rauenhorst Corporation. No objections being heard, Council- man Richards offered the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENTS NOS. STREET AND SIDEWALK.IMPROVEMENT NUMBER BA -205 WATER MAIN IMPROVEMENTS NOS. WM -292 AND WM -293 SANITARY SEWER IMPROVEMENTS NOS. SS -322 AND SS -323 BE IT RESOLVED by the Council of the City of Edina, Minnesota, that this Council heretofore caused notice of hearings to be duly published and mailed of owners of each parcel within the area proposed to be assessed on the following proposed improvements: 1. CONSTRUCTION OF PERMANENT STREET SURFACING, CONCRETE CURB AND GUTTER AND SIDEWALK IMPROVEMENT NO. BA -205 IN THE FOLLOWING: W. 78th Street from Cahill Road to + 3300 feet West 2. CONSTRUCTION OF SANITARY SEWER AND APPURTENANCES IMPROVEMENT NO. SS -322 IN THE FOLLOWI -NG: Dovre Drive from Lincoln Drive to West line Parkwood Knolls 19th Addition 4/21/75 3. CONSTRUCTION OF SANITARY SEWER IMPROVEMENT NO. SS -323 IN THE FOLLOWING: Parkwood Lane from North line Parkwood Knolls 19th Addition to 170' North 4. CONSTRUCTION OF WATER MAIN IMPROVEMENT NO. WM -292 IN THE FOLLOWING: Dovre Drive from Lincoln Drive to West line Parkwood Knolls 19th Addition 5. CONSTRUCTION OF WATER MAIN IMPROVEMENT NO. WM -293 IN THE FOLLOWING: Parkwood Lane from North line Parkwood Knolls 19th Addition to Parkwood Road and at the hearing held at the time and place specified in said notice, the Council has duly considered the.views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the construc- tion of said improvements, including all proceedings which may be necessary in eminent domain for the acquisition of necessary easements and rights for construc- tion and maintenance of such improvements; that said improvements are hereby designated and shall be referred to in all subsequent proceedings as follows: No. 1 Above STREET IMPROVEMENT NO. BA -205 No. 2 Above SANITARY SEWER IMPROVEMENT No. SS -322 No. 3 Above SANITARY SEWER IMPROVEMENT NO. SS -323 No. 4 Above WATER MAIN IMPROVEMENT NO. WM -292 No. 5 Above WATER MAIN IMPROVEMENT NO. WM -293 and the area to be specially assessed therefor shall be.as follows: for Street Improvement No. BA -205 - Lots 1, 2 and 3,.Block 1 and Lots 1 and 2, Block 2, Nine Mile West 1st Addition; Lot 7, Block 1, Lots 5, 6 and 7, Block 2, and Outlot 1, Heath Glen Addition; Lot 4, Shaughnessey 1st Addition; Lots 2 and 3, Block 1, Windsor Addition; Outlot A, Braemar Hills 7th Addition; and Parcels 700, 3700, 3815, 4300 and 4500, Section 8, Township 116, Range 21; for Sanitary Sewer Improvement No. SS -322 and Watermain Improvement No. WM -292 - Outlot A, Nine Mile North Addition; for Sanitary Sewer Improvement SS -323 and Watermain Improve- ment No. WM -293 - Lots 8 and 9, Block 2, Parkwood Knolls 4th Addition and Lot 5, Block 2, Parkwood Knolls 2nd Addition. Motion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were five ayes and no nays and the resolution was adopted. STREET IMPROVEMENT NO. C -113 ASSESSMENT LEVIED. Mr. Hyde recalled that the assess- ment of Street Improvement C -113 had been continued from April 7, 1975, so that Mr. Randy Cote, one of the owners of the property West of York Avenue and South of W. 76th Street, could discuss the matter of roads in the area with Hennepin County to learn -if there was any chance of State or County participation in pay- ing a- portion of the cost. Mr. Cote said that the County had indicated that it would be five years before they could put any State Aid funds into roads in the area under discussion. Mr. Dunn pointed out that State Aid rules are such that the City could not go back after the fact and pay for a project out of State Aid funds. Mr. Cote said that unless he is allowed a higher land use than the present industrial zoning for his property, he would only be contributing to paying for a road for traffic generated by Southdale and Yorktown. He referred to a letter which he had written to Mr. Dunn on April 18, 1975, which requested that the property be given the same number of trips per acre as those properties on York Avenue North of the latest extension of York Avenue or that Southdale and Yorktown could contribute to the road cost. He suggested that this could be done by the City paying the additional cost from General Funds and recovering the cost from Southdale and Yorktown taxes at a later date. Mr. Cote's letter contended that they are paying $36,500 for their 25 acres of vacant land which needs little in services and that some of this money could be used for the road. He said that a total assessment of $237;000 is not justified and that some sort of an adjustment is needed. Mr. Dunn recalled that since the February 24, 1975, meeting, he has exhausted any ideas for alternative methods for financing the improvement and added that it has been normal City procedures that, as new roads are open, the cost is assessed against abutting properties. Discussion ensued as to the zoning of similar land in the City of Bloomington which abuts the Freeway, with Council- man Courtney suggesting the possibility of considering similar zoning to Bloom- ington property, inasmuch as this is the only land in Edina that abuts the Free- way. Mr. Cote pointed out that Mr. Luce does not favor any zoning which would increase the traffic count in the area. Following considerable discussion, Councilman Courtney said that, while he sympathizes with the problem, the City cannot change its methods of assessment in mid - stream. He thereupon reluctantly offered the following resolution levying the assessment and moved its adoption: RESOLUTION ADOPTING AND CONFIRMING SPECIAL ASSESSMENTS LEVIED ON ACCOUNT OF STREET IMPROVEMENT NO. C -113 BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: 1. The City has given notice of hearing as required by law on the proposed assessment roll for the improvement hereinafter referred to, and at such hearing held on April 21, 1975, has considered all oral and written objections presented against the levy of such assessment. 4/21/75 2. Each of the assessments as set forth in the assessment roll on file in the office of the City Clerk for STREET IMPROVEMENT NO. C -113 does not exceed the local benefits conferred by said improvement upon the lot, tract or parcel of land so assessed, and all of said assessments are hereby adopted and con- firmed as the proper assessments on account of said respective improvement to be spread against the benefited lots, parcels and tracts of land described therein. 3. The assessments shall be payable in ten equal annual installments, the first installment, together with interest at the rate of 5% per annum on the entire assessment from the date hereof to December 31, 1976, to be payable with the general taxes for the year 1975. 4. The City Clerk shall forthwith prepare and transmit to the County Auditor a copy of this resolution and a .certified duplicate of said assessments, with each then unpaid installment and interest set forth separately, to be extended. on the tax lists of the County in accordance with this resolution. 5. The Clerk shall.also mail notice of any special assessments which may be payable by a county, by a political subdivision or by the owner of any right - of -way, as required by Minnesota Statutes, Section 429.061, Subdivision 4, and if any such assessment is not paid in a single installment, the City Treas- urer shall arrange for collection hereof in installments, as set forth in said section. Motion for adoption of the resolution was seconded by Councilman Shaw and on rollcall there were five ayes and no nays and the resolution was adopted. EDINA OFFICE AND PRODUCTION CENTER (7651 -97 WASHINGTON AVE'. S.) UNSAFE BUILDING HEARING CONTINUED TO MAY 5, 1975. As recommended by Mr. Erickson, Councilman Courtney's motion continuing the hearing to determine if the.Edina Office and Production Center located at 7651 -97 Washington Ave. S., is "unsafe" within the meaning of Ordinance No. 471, was seconded by Councilman Shaw and carried. EDINA ART CENTER AWARD OF BIDS CONTINUED TO MAY 5, 1975. As recommended by Mr. Hyde, Councilman Shaw's motion was seconded by Councilman Courtney and carried, continuing award of bids for the Edina Art Center to May 5, 1975. AERIAL TOWER AND TRUCK BIR AWARDED. Councilman Courtney's motion was seconded by Councilman Shaw and carried, awarding bid for aerial tower and truck to Northwest Tel- e -Lect for a total cost of $.27,142.00. MINNESOTA TENANTS UNION, INC., REQUEST FOR FUNDS TABLED. Mr. Hyde called Coun- cil's attention to a letter requesting support of the Minnesota Tenants Union, Inc., along with a request for a yearly fee of $1,063. As recommended by the City Manager, Councilman Richards' motion was seconded by Councilman Shaw and carried, that the request be tabled. 76TH AND YORK AVENUE TRAFFIC SIGNAL REQUESTED. Council's attention was called to a letter from Ms. Denise Iser, 7735 Xerxes Ave. S., deploring traffic condi- tions at the intersection of York Ave. and W. 76th Street and requesting installation of a traffic signal at that location. Councilman Courtney's motion was seconded by Councilman Shaw and carried, referring the request to the Traffic Safety Committee. COUNTY PUBLIC HEALTH PROGRAM PROGRAM DEPLORED. Mr. Hyde advised Council of a meeting to be held on April 22, 1975, at the St. Louis Park City Hall, at which a proposal will be considered for a centralized public health system under Hennepin County. Councilman Courtney's motion was seconded by Councilman Shaw and carried, that Councilwoman Schmidt attend the meeting and voice Edina's objections to the proposal. Councilman Shaw thereupon offered the following resolution and moved its adoption: RESOLUTION WHEREAS, the City of Edina has had a local health program since 1962 and has devoted several hundred of thousands of dollars into the program and has continued to expand and develop the program since its beginning; and WHEREAS, House File 645 would establish a statutory procedure for the formation of a County Health Agency which could absorb or govern our local health program without municipal representation; and WHEREAS, House File 645 mandates the establishment of an independent Health Board and Advisory Health Council which is inappropriate to the governmental structure of the participating cities; and WHEREAS, House File 645 would allow for the infringement upon statutory housing and redevelopment authorities and advisory committees related to public health,, environmental health and housing; and WHEREAS, House File 645 could substantially increase the per capita cost charged for service without providing a proportional, measurable increase in services actually provided to the City; and 4/21/75 WHEREAS, the City would not be able to clearly direct the continued development and control of its program; and WHEREAS, the intent of the act is to deal with spar.' :ly populated, out -state counties, and not for the complex, populated counties of Hennepin and Ramsey, and the communities contained therein; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina: 1. To oppose House File 645 to the extent that it would prohibit the City of Edina from continuing a municipal health program which it has developed and to urge that amendments be made to House File 645 to insure the .continued existence and local municipal control of health programs in a community or group of com- munities with an aggregate population of at least 45,000 persons. 2. To direct that copies of this resolution be transmitted to the Governor of the State of Minnesota, to members of the State Legislature representing the City of Edina, to the authors of House File 645, to the members of the House.Appropri- ations Committee and to the Commissioner of Health of the State of Minnesota. Motion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were five ayes-and no nays and the resolution was adopted. MELVIN C. GITTLEMAN RESPONSE TO VIKING HILLS HOMEOWNERS' ASSOCIATION-.LETTER TO EDINA SUN NOTED. Council's attention was called to a letter from Mr. Melvin C. Gittleman responding to a letter to the Editor of the Edina Sun which had been written by Mr. Richard Seaberg; President of the Viking Hills Homeowners Associ- ation relative to Krahl Hill. No comment was made by the Council inasmuch as the matter is in Court. OPEN SPACE REPORT CONTINUED TO MAY 52 1975. Mr. Hughes presented recommendations of the Open Space Committee which had been reaffirmed after review l by the Environmental Quality Commission, the Planning Commission and the Park Board. These recommendations 1) requested that Council approve the conclusions in their entirety; 2) requested that action by initiated to finalize purchase agreements on parcels being acquired by purchase and life estates, with such agreements being subject to approval of a bond issue; 3) requested that the South Edina Plan be revised to reflect a 12 -15 acre subdivision.dedication for open space; 4) requested that consideration be given to including the monetary needs for acquisi- tion of the following properties recommended by the Open Space Committee in a bond issue with the Park Board Capital Improvements: The Hedberg property, the Cahill School back lot, the Lincoln Drive Flood Plain (Wallace Kenneth property), Garden Park, McCauley Trail South, Krahl Hill, the Moore property on Mirror Lake, the Moore property on Melody Lake and the Rutledge House in Rutledge Park. Mr. Hughes reviewed action of the Planning Commission as follows: 1. The Hedberg property should be acquired because it is shown on the South'Edina plan as parkland and is proposed to be acquired via subdivision dedication. 2. The Rutledge Park House should be acquired by life estate and should be a Park Board responsibility and not necessarily a part-of an open space acquisition plan. 3. The Moore Property on Mirror Lake, proposed to be purchased for recreational open space, should be excluded because it is quite narrow and is adjacent to the water and single family homes and is, therefore, of questionable value as active parkland. 4. The Wallace Kenneth Property (South of Lincoln Drive) will remain as open space and probably be dedicated to the City whether or not it is included in the open space report inasmuch as only 20 percent of the flood plain can be filled and developed. 5. Garden Park should be extended to Grove Street and the railroad tracks since that would be a.logical extension of an existing park. 6. The Moore Property on Melody Lake should not be acquired as it is too small and isolated and would be more beneficial to the City if developed as single family lots.- 7. Krahl Hill should be excluded because it could be developed and still retain much of its natural character. 8. The McCauley Trail South Property should be excluded because the land is low and swampy and would not be appropriate for active recreation open space. 9. The Cahill School site should be acquired inasmuch as it is the open space buffer provided in the Southwest Edina Plan and will further accomplish the-over- all land use system. Mr. Rosland said that, at the present time, the Park Board does not want to tie its Capital Improvements program to a bond issue which would include the Open Space proposals. He said that the Park Board feels very strongly that the Hedberg property, the Cahill School back lot, the McCauley Trai South property, the Moore property on Mirror Lake and the Rutledge House are park oriented and extremely desirable acquisitions for park property. In response to questions of Mr. Vincent McConville and Mrs. Virginia Scott, members of the Open Space Com- mittee, and Mrs. Alison Fuhr, Mayor Van Valkenburg suggested that Messrs. Hyde, Dalen and Rosland analyze the ideas and recommendations of the Park Board and of 4/21/75 the open Space Commission and that the matter be placed on the May 5, 1975, agenda, along with the Park Board Capital Improvements program. Councilman Shaw's motion was then seconded by Councilman Courtney and carried that the report of the Open Space Committee be continued to the meeting of May 5, 1975, and considered along with the Capital Improvements program of the Park Board at that time. M.A.M.A. 49 NEGOTIATIONS AUTHORIZED. Being advised by Mr. Hyde that the City is now negotiating with the I.E.O.E. Local 49 for 1976, Councilman Courtney offered the fol- lowing resolution and moved its adoption: RESOLUTION APPROVING CONTINUED JOINT REPRESENTATION IN REGARD TO I.U.O.E. LOCAL NO. 49 BE IT RESOLVED by the Council of the City of Edina, that the Metropolitan Area Managers Association Management Bargaining Committee is hereby designated as the representatives of the City of Edina in negotiations until a settlement or impasse is reached for the 1976 contract year with I.U.O.E., Local No. 49. Motion for adoption of the resolution was seconded by Councilwoman Schmidt and on rollcall there were five ayes and no nays and the resolution was adopted. HEARING DATE SET FOR LIGHTING IMPROVEMENT NO. P -L -10. As recommended by Mr. Dunn, Councilwoman Schmidt offered the following resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON ORNAMENTAL STREET LIGHTING IMPROVEMENT NO. P -L -10 The City.Engineer, having submitted to the Council a preliminary report as to the feasibility of the proposed Ornamental Street Lighting Improvement described in the form of Notice of Hearing set forth below, and as to the estimated cost of such improvement, said report is hereby approved and directed to be placed on file in the office of the City Clerk. 2. This Council shall meet.on Monday, May 5, 1975, at 7:00 p.m. in the Edina City Hall, to consider in public hearing the views of all persons interested in said improvement. 3. The Clerk is hereby authorized and directed to cause notice of the time, place and purpose of said meeting to be published in the official newspaper once a week for two successive weeks, the second of which publication is to be not less than three days from the date of said meeting, and to mail notice to all affected properties in substantially the following form: (Official Publication) CITY OF EDINA HENNEPIN COUNTY, MINNESOTA NOTICE OF PUBLIC HEARING ORNAMENTAL STREET LIGHTING IMPROVEMENT NO. P -L -10 The Edina City Council will meet at the Edina City Hall on Monday, May 5, 1975, at 7:00 p.m. to consider the following proposed improvement to be constructed under the authority granted by Minnesota Statutes, Chapter 429. The approximate cost of said improvement is estimated by the City as set forth below: ESTIMATED COST ORNAMENTAL STREET LIGHTING IMPROVEMENT NO. P -L -10 $94,952.26 York Ave. from W. 69th Street to W. 74th Street Hazelton Road from France Avenue to York Avenue W. 70th Street from France Avenue to Xerxes Avenue The area proposed to be assessed for the cost of the proposed improvement includes Tracts A and E, Registered Land Survey 1171; Tract A, Registered Land Survey 1233, Tract M, Registered Lane Survey 629; Parcel 425, Section 32, Township 28, Range 24; Lots 1 through 5, inclusive, Block 1, Lot 1, Block 2, Lots l through 3 inclusive, Block 3, Lot 1, Block 4, Lot 1, Block 5,.Lots 1 through 4 inclusive,. Block 6, Lots 1 and 2, Block 7 and Outlots A, B and C, Yorktown Addition. Florence B. Hallberg City Clerk Motion for adoption of the resolution was seconded by Councilman Richards and on rollcall there were five ayes and no nays and the resolution was adopted. STORM SEWER IMPROVEMENT NO. P -ST.S -143 DISCUSSED. Mr. Dunn advised Council that he is trying to get affected property owners together to work out some settlement in regard to Storm Sewer Improvement No. P -ST.S -143 and will report back to Council at the next meeting. BICENTENNIAL COMMISSION REQUEST FOR PARK DEDICATION FUNDS CONTINUED TO MAY 5, 1975. As recommended by Mr. Ray Bechtle, Chairman of the Edina Bicentennial Commission, Councilwoman Schmidt's motion was seconded by Councilman Richards and carried, continuing the request for funds for the dedication of Frank Tupa Park -Edina Historical Center on June 15, 1975, to the Council Meeting of May 5, 1975. HISTORIC MARKER FUNDS APPROVED. As requested by Mr. Ray Bechtle, Chairman of the Edina Bicentennial Commission, Councilman Courtney's motion was seconded by 4/21/75 Councilman Richards and carried, authorizing a request of a grant for federal funds for a long range program for any historic Markers Project. Mr. Bechtle pointed out that the City must agree to place twenty of these markers by-October, 1975, and that, under the grant, $775 would come from Federal Funds and $2,200 would be raised by the Commission. Councilwoman Schmidt suggested that it would be appropriate to honor Pioneer John Kyte in this connection. JOHN PHILIP SOUSA MEMORIAL BAND GRANT REQUEST AUTHORIZED. As recommended by Mr. Bechtle, Councilman Courtney's motion was seconded by Councilman Richards and carried, authorizing a request of a grant for Federal funds for the John Philip Sousa Memorial Band tour troughout the State. The band exp cts to raise funds on the tour. EDINA BICENTENNIAL COMMISSION MEMBERS APPROVED. Being advised by Mr. Bechtle of the resignation of Mmes. Bernice Kenkel and Rosemary Gubrud from the Edina Human Relations Commission, Councilman Shaw's motion was seconded by Councilwoman Schmidt and carried, appointing Mmes. Katy Sullivan and Carolyn Dencker to serve as members of the Bicentennial Commission. FINDINGS AND ORDER FOR BILTMORE'•:LANES APPROVED. Recalling that this matter had been continued from April 7, 1975, Mr. Erickson presented and Order for repair of dangerous or substandard building pursuant to Ordinance No. 471 for Gus Young's Biltmore Lanes, located at 5109 W. 50th Street, which Findings con- cluded that a sprinkler sysEembe completely installed and operative by July 1, 1976. Councilwoman Schmidt thereupon offered the following resolution and moved its adoption: RESOLUTION BE IT RESOLVED that the Edina City Council accept the Findings and Order for Biltmore Lanes as drawn by the City Attorney and that certain portions of the order, being paragraphs 3 and 4 on page 6 thereof are to be completed not later than May 21, 1975 and the sprinkler system shall be completely installed and operative no later than July 1, 1976. Motion for adoption of the resolution was seconded by Councilman Shaw and on roll - call there were five ayes and no nays and the resolution was adopted.. SOUTHDALE BOWL LICENSES ISSUED FOR MECHANICAL AMUSEMENT DEVICES AND BINGO MACHINES. As recommended by the City Manager, Councilman Richards moved that the licenses be approved for the pinball machines at Southdale Bowl, with the condition that they not maintain more machines than they had last year, and that the machines would be maintained in an area under the supervision of the adult manager of Biltmore Lanes. BOARD OF REVIEW DATE SET FOR JUNE 11, 1975, AT 4:00 P.M. Councilman Courtney's motion was seconded by Councilwoman Schmidt and carried, setting Board of Review for June 11, 1975, at 4:00 p.m, in the Council Room. DEFERRED COMPENSATION RETIREMENT PLAN APPROVED FOR EDINA EMPLOYEES` Mr. Hyde advised Council that, as of March, 1975 fourteen Minnesota cities, plus the Association of Minnesota Counties, the League of Minnesota Municipalities, and the Metro Transit Commission were participants in the International City Manage- ment Association Retirement Corporation to provide a deferred compensation retire- ment plan for their employees. Thirteen national organizations, including the National League of Cities and the National Institute of Municipal Law Officers are sponsors of the non - profit system. The plan must be made available to all employees to have any amount of his or her total salary paid to the Retirement Corporation to be held in trust and invested until the time of his or her retire- ment. Mr. Hyde explained that the handling charge of the ICMA plan is 3% of all funds when they are received and, in addition, the Retirement Corporation pays a yearly fee to its investment agent, American Security and Trust Company of Washington, D. C., of from 1/2 of 1% to 1 /10 of 1%, depending on the balance in each of the three funds maintained. Mr. Hyde further explained that, by Fed- eral law, the employer, whose assets are not subject to taxation, must be the owner of the deferred compensation and all of the income earned from its invest- ment until the employee becomes eligible for its receipt. Councilman Shaw said that it is important to be sure that employees are aware that this is an invest- ment on their part and that it is not guaranteed. Following some discussion, Councilman Richards offered the following resolution and moved its adoption: RESOLUTION WHEREAS, the City of Edina has in its employ certain personnel! and WHEREAS, said employees are and will be rendering valuable service to the City; and WHEREAS, the City of Edina has considered the establishment of a Deferred Comp- 4/21/75 ensation Plan for the said employees made available to the City and to said employees by the International City Management Association Retirement Corpora- tion; and WHEREAS, said employees often are unable to acquire adequate retirement security under other existing and available retirement plans due to the contingencies of employment mobility; and WHEREAS, the City of Edina receives benefits under said plans by being able to assure reasonable retirement security to said employees, by being more able to attract competent personnel to its service, and by increasing its flexibility in personnel management through elimination of the need for continued employment for the sole purpose of allowing an employee to qualify for retirement benefits. NOW, THEREFORE, BE IT RESOLVED that the City of Edina establish said Deferred Compensation Plan for said employees and hereby authorizes its Mayor to execute the Deferred Compensation Plan with the International City Management Association Retirement Corporation; and IT IS FURTHER RESOLVED that the City Manager may, on behalf of the City; execute all Joinder Agreements with said employees and other eligible officials and officers which are necessary for said persons participation in the plan, except that any Joinder Agreement for said designated official shall be executed by the Mayor. Motion for adoption of the resolution was seconded by Councilman Shaw and on rollcall there were five ayes and no nays and the resolution was adopted. GOVERNMENTAL COMMISSION /COUNCIL MEETING DATE will be determined after Mr. Kermit Wilson returns to the.City. A.B.C. REAL ESTATE TAX TO BE STUDIED. Mayor Van Valkenburg advised Council that the A.B.C. House has made its petition to be exempt from real estate taxes. The Mayor said that he has reviewed their articles and exemptions from income taxes and asked Mr. Hyde and the City Attorney to discuss the matter with Mr. Swanson and make a recommendation in the matter. Mr. Hyde clarified the procedure involved, saying that the request goes to the Assessor and then to the County Board and that the Council has nothing to say in such a determination. PLANTING PLANS APPROVED FOR COUNTY ROAD 18 /VALLEY VIEW ROAD. As recommended by Mr. Rosland, Councilman Courtney offered the following resolution approving planting plans for the County Road 18 /Valley View Road .Interchange (which plans have been approved by the Park Board) and moved its adoption: RESOLUTION WHEREAS, the City of Edina Park.Board has been aware of the County's highway plans for some five years; and WHEREAS,.their total park plan has taken into consideration the taking of this land for right-of-ways- and WHEREAS, a portion of this land with the roadways and bike ways services as a major park egress and ingress- and WHEREAS, the planting plans, as approved by the Park Board, show the necessary tree replacement; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Edina approve +the planting plan for County Road 18 and Valley View Road Interchange' service road and bike ways, as amended and approved by the Edina Park Board. Motion for adoption of the resolution was seconded by Councilwoman Schmidt and on rollcall there were five ayes and no nays and the resolution was adopted; TRAFFIC SAFETY AWARD TO BE PRESENTED TO EDINA. Mr. Hyde called Council's atten- tion to the fact that the City of Edina has been selected to receive the 1974 Outstanding Achievement Award in Traffic Safety Enforcement. Mr. Hoffman will accept the award to be made at the Governor's Safety Award.Banquet on May 13, 1975. Councilman Courtney thereupon offered the following resolution and moved its adoption: RESOLUTION WHEREAS, the City of Edina has been selected to receive the 1974 Outstanding Achievement Award in Traffic Safety Enforcement; and WHEREAS, the presentation of this award to the City of Edina reflects the high standards, along with the outstanding efforts and accomplishments of the Traffic Safety Division of the Edina Police Department;' NOW, THEREFORE, BE IT RESOLVED that the Edina City Council highly..commends the Edina Police Department, under the very able direction of Chief Wayne W.-Bennett, for its outstanding record in the enforcement of traffic safety and for its receipt of the 1974 Outstanding Achievement Award in Traffic Safety enforcement. Motion for adoption of the resolution was seconded by Councilman Shaw and unani- mously carried. 4/21/75 SOUTHDALE AREA LIGHTING CONTINUED TO MAY 5, 1975. Mr. Dunn advised that he will have information on a:.proposal for lighting in the Southdale area by May 5, 1975. SOUTHDALE CENTER BUS ROUTING PROBLEMS TO BE STUDIED, Mr. Hyde recalled that at the time the Metropolitan Transit Commission took up the Edina Transportation Survey reports and requests, it was brought out that, with some 400 trips per day, considerable congestion exists at the Southdale Shopping Center Bus Terminal and that some action must be taken to get the busses in and out more quickly. Mr. Hyde said that he has-been working with the Police Department and the Transit Operating Division of M.T.C. and will be working with Mr. Jack Rice of Dayton Development and will be making recommendations after the problem has been thoroughly studied. RAILROAD PROPERTY TAX STUDY TO BE MADE. Councilman Courtney'-s motion was seconded by Councilwoman Schmidt and carried, that the City Manager study the proposed Railroad Property Tax and report back to Council on May 5, 1975. SUBURBAN HENNEPIN COUNTY MUNICIPALITY ORGANIZATION ENDORSED. Council's attention was called to a letter from-the Mayor of Brooklyn Park recommending that suburban communities in Hennepin County organize to protect themselves against paying an indiscriminate share of the tax burdens of the City of Minneapolis. Following some discussion,: Councilwoman Schmidt offered the following resolution and moved its adoption: RESOLUTION WHEREAS, Hennepin County and Minneapolis elected officials have both presented legislative programs to the Minnesota Legislature; and WHEREAS,iiiany of the items contained in these proposals will have the effect of having suburban communities absorb additional Minneapolis tax burdens; and WHEREAS, Minneapolis now enjoys the position of having suburban taxpayers sub- sidizing a sizeable part of their present tax burdens; and WHEREAS, an end must be put to indiscriminate sharing of Minneapolis tax burdens throughout Hennepin County; and WHEREAS, it is in the best interest of all Hennepin County Suburban Municipalities to organize and present a- united front to insure that this practice is not con- tinued; and WHEREAS, it is also in our best interests to keep a watchful eye on Hennepin County legislative proposals and day to day operations; NOW, THEREFORE, BE IT RESOLVED by the Edina City Council that: 1. The Edina City Council endorse the idea-.that an organization of suburban Hennepin County municipalities should be given further consideration. 2. We hereby appoint C. Wayne Courtney to represent Edina in the discussions necessary to determine the next step to be taken. 3. A copy of this resolution is to be sent to Jim Krautkremer, Mayor of Brooklyn Park. Motion for adoption of the resolution was seconded by Councilman Richards and on rollcall there were five ayes and no nays and the resolution was adopted. HOUSE FILE NO. 1405 PROGRESS REPORT GIVEN. Mr. Hyde advised Council that House File No. 1405 which relates to the establishment of terms of office of the Mayor and Council has now passed in Committee and will be going to the House of Rep= resentatives for further action. METROPOLITAN DEVELOPMENT PLANNING BILL DISCUSSED. Councilman Courtney presented a summary of the Metropolitan Development Planning Bill and urged that Council familiarize themselves with the provisions of the Bill. Councilman Courtney took a stand favoring the Bill, while other members of the Council generally expressed some opposition. Councilman Courtney said that he would advise Council of the date of a meeting on the Metropolitan Development Planning Bill which will be held in the next week or so. No action was taken. Later in the meeting, Councilman Courtney again briefly reviewed the Metropolitan Develop- ment Plan for Mrs. Helen McClelland. TRAFFIC SAFETY COMMITTEE MINUTES OF APRIL-15, 1975, APPROVED IN PART; ST. STEPHENS CHURCH PARKING TO BE STUDIED FURTHER. Traffic Safety Committee Minutes.of April 15, 1975, -were presented. Mr. James Schwarz, a member of the Vestry-of St. Stephens Church, protested the denial by the Traffic Safety Committee of the request of the church to remove the NO PARKING 7 -9 A.M. signs on the East side of Wooddale Avenue from Wooddale Lane to W. 50th Street. Mr. Schwarz said that these signs pose tremendous burdens-cn the church for its early morning meetings and also pointed out that it is dangerous to walk in the street along Wooddale Avenue, particularly in winter. Mr. Dunn said that the Traffic Safety Committee feels that two lanes are essential on Wooddale Avenue South of 50th Street and reminded 4/21/75 Mr. Schwarz that cars could park at the pump house on the West side of Utley Park. Following considerable discussion, Councilman Courtney's motion was seconded by Councilman Shaw and carried, that the staff investigate to see if something.could -; be done to improve the situation. Councilman Courtney then moved approval of the following: 1. A STOP sign on Parklawn Court at Parklawn Avenue-;. 2. A NO PARKING ANY TIME EXCEPT SUNDAYS AND HOLIDAYS restriction on the South side of Heritage Drive from Xerxes Avenue to Barrie Road, and denial of the two -hour parking restriction; 3. A directional arrow for Northbound Parklawn Ave. on W. 76th .Street; 4. Removal of NO LEFT TURN restrictions on W. 50th Street from Halifax Ave. to France Avenue during construction of the H.R.A. development; 5. Sidewalk construction of York Avenue and Hazelton Road. Motion was seconded by Councilman Shaw and.carried. Councilman Courtney's motion accepting the remainder of the Traffic Safety Committee Minutes of April 15, 1975, was then seconded by Councilman Shaw and carried. GOLF COURSE RANGE BALL BID AWARDED. As recommended by Mr. Rosland, Councilman Courtney's motion was seconded by Councilman Richards and carried, awarding bid for 300 dozen range golf balls with yellow: covers imprinted with "property of Braemar" for Uniroyal, Inc., at $1,110.00.. Bid of Hornung's Sales at .$1,680.00 was also noted. CLAIMS PAID. Motion of Councilman Courtney was seconded.by Councilman Shaw and carried for payment of the following claims as per pre -list: General and Revenue Sharing, $87,505.15; Construction Fund, $447.67; Park Funds,.$22,976.26; Water Fund, $11,715.55; Liquor Fund, $226,015.79; Sewer Fund, $2,014.90; Total, $350,675.32. No further business appearing, Councilman Shaw's motion for adjournment was seconded by Councilwoman Schmidt and carried. Adjournment at 9:55 p.m. City Clerk