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Home My WebLink About1977 MDH Delegation Agreement August 24, 1977 I TO: Mr. W. C. Hyde, City Manager; Members of the Council FROM: Arlin Waelti, Para legal administrative assistant i The attached agreement between the city of Edina and the Minnesota Commissioner of Health has the effect of conferring upon the City of Edina, and the Environmental Health staff specifically, the authority given it under Minnesota Statutes, Section 145.031 of inspecting hotels and motels pursuant to Minnesota Statutes, Chapter 157. The only facility that would presently come under this inspection author it y would be the Biltmore Motel at 5212 Vernon Avenue. The agreement does allow the City to enact ordinances with more stringent requirements than xontained in the above state statutory law. The agreement is substantially similar to agreements used by other municipalities in the area and has already been reviewed and tentatively approved by the State Department of Health. The practical consequences flowing from the signing of the agreement will be that the State will no ionger license nor collect fees for the licensing of such establishments. Correspondingly, the City will be responsible financially for the cost of inspection but will also license and collect the licensing fee for the inspection. It is my opinion that the agreement does protect the City's interests and is acceptable for approval. Mr. Ken Este will be at the Council meeting to answer any questions regarding this matter. y II i A G R E E M E N T THIS AGREEMENT, by and between the CITY OF EDINA (here- inafter referred to as the CITY) and the MINNESOTA STATE COMMIS- SIONER OF HEALTH (hereinafter referred to as the STATE) , is en- tered into pursuant to the provisions of the Minnesota Statutes , Section 145 . 031 WITNESSETH: WHEREAS, the CITY has established a health department pursuant to Minnesota Statutes, Chapter 145 , and i WHEREAS, the STATE as set out in the Minnesota Statutes , Chapter 157, and rules promulgated thereunder, has the responsi- bility for the inspection and licensing of hotels, motels , boarding houses , lodging houses , restaurants , places of refresh- ment and resorts , and WHEREAS, the CITY has an environmental health staff competent to inspect hotels , motels , boarding and lodging houses , restaurants , places of refreshment, and resorts , and to enforce ordinances and statutes pertaining thereto , NOW, THEREFORE, the STATE and the CITY jointly agree as follows : 1. The STATE hereby delegates to the CITY and the CITY hereby accepts responsibility, as designated agent, for per- forming the functions assigned to the STATE by Minnesota Statutes , Chapter 157, and rules promulgated thereunder, of licensing and inspecting hotels, motels , boarding houses , lodging houses , restaurants , places of refreshment, and resorts located in the CITY, ta i era nin thereto. Inspections shall be made by the CITY on the basis of . 1 the licensing requirements established in applicable rules as de- fined in Section 8 of this Agreement. The CITY will also make timely follow-up inspections to provide for compliance with ap- plicable regulations as defined in Section 8 of this Agreement. 2. The CITY will prepare inspection reports which contain a statement of any violations , orders for corrections of violations, and set dates of compliance, which reports shall be available for inspection by the STATE at reasonable times . 3. The CITY shall review and approve plans and specifi- cations for proposed new and remodeled, licensed establishments to determine in advance compliance with applicable regulations . Reports to these reviews will be promptly transmitted to the STATE . The CITY will make such submitted plans and specifications avail- able to the STATE upon request . 4. The CITY will perform the inspection, licensing , enforcement , and other services agreed to herein without cost to the STATE . The CITY will provide the STATE with a current list of licensed establishments and will make inspection reports avail- able to the STATE upon request. 5. On the effective date of this Agreement, the STATE will discontinue the issuance of licenses , the revocation of licenses , the conduct of hearings or initiation of court actions , or other enforcement actions under Minnesota Statutes , Chapter 157. The STATE will discontinue all inspection activity except the inspection activity required in Section 6 . The STATE will provide, without cost to the CITY, orientation and consultation on problems or other supportive services for the staff of the CITY. The STATE will provide, without cost to the CITY, consultation and advice on rules promulgated by the STATE which are to be en- forced by the CITY. 6. The STATE shall annually review the CITY' s program _ .,` .+r am' •�*nrr' r ��'i' 1 s re 7nen t. An- ." .x • -' `.„r,,,:_„e;��u a=�:�-'_._►s�+'+s_ _T.a. : a:.v.=!_L ,x==+-f�.�.t_.=i--� �_-.- --- _ nual review criteria shall include average establishment demerit -2- a- i , _ 1 �._-_�..�....�._.._.,-__.__�e__.._,._ ., ��r I score , interpretation of requirements , administrative procedures (completeness of records , frequency of inspections , and enforce ment procedures) , staff training, industry training, program support, plan review, investigation and reporting of food-borne outbreaks , and supportive facilities and measures (laboratory facilities and services , field equipment, preparedness for food borne disease outbreaks) . Any deficiencies in the CITY'S program shall be reported to the CITY. The minimum acceptable standard for the CITY' S performance will be a level of inspection and service not less than currently exists within the CITY at the time of execution of this agreement. 7. The CITY shall maintain at least the same ratio of sanitarians per establishment that existed during 1977 to carry out the provisions of this Agreement. A Food Service Sanitation Survey Officer certified by the U. S . Department of Health, Edu- cation, and Welfare shall certify that the CITY' S sanitarians •are qualified pursuant to certification procedures established by the STATE and without cost to the CITY. 8. The CITY agrees to adopt ordinances , with an effec- "tive date of not later than January 1, 1978, establishing standards for licensed establishments at least equivalent to the minimum standards established by Minnesota Statutes , Chapter 157, and rules promulgated thereunder, as such statutes and rules are amended from time to time . Nothing in this paragraph may be construed to prohibit the CITY from enacting ordinances with more stringent requirements than those contained in Minnesota Statutes; Chapter 157, and rules promulgated thereunder . 9. The Agreement shall continue to be effective until terminated by either party. Termination by either party may be accomplished by notifying the other party in writing of inten- tion to terminate the Agreement and that such termination shall 80 days affte thereceipt of such notice. In addition, -3- j _ �" ,� 1 -� �, i i � ._.v. ��_,� ._, i if the CITY' S program is found by the STATE to be deficient by the criteria and standards set forth in Section 6 hereof, but � public health hazard,' under such conditions as do .not create a p � the STATE may place the CITY' S program and the Agreement on a provisional status for a period of six months , and said provision- al status may be extended by the STATE. In any event, the STATE may terminate the Agreement immediately by written notice if a deficiency in the CITY' S program results in the creation of public health hazards 10. This Agreement may be amended by the CITY and the STATE at any time . 11. This Agreement is effective on January 1, 1978 . IN WITNESS WHEREOF, the Parties have caused this - Agreement to be executed by their duly authorized officers as of this day of 1977 . MINNESOTA DEPARTMENT OF HEALTH CITY OF EDINA By: By: Commissioner Its Mayor, James VanValkenburg Its City Manager , Warren Hyde i -4- `- II . � II i � �, .>._