HomeMy WebLinkAbout1984 07-09 CCP Regular Session i o
CITY COUNCIL AGENDA
CITY OF BROOKLY14 CEf4TER
JULY 9, 1984
7:00 p.m.
1. Call to Order
2. Roll Call
3. Invocation
4. Open Forum
5. Approval of Consent Agenda
-All items listed with an asterisk are considered to be routine by the
City Council and will be enacted by one motion. There will be no
separate discussion of these items unless a Council member so requests,
in which event the item will be removed from the consent agenda and
considered in its normal sequence on the agenda.
*6. Approval of Minutes - June 25, 1984
*7. Performance Bond Reduction for Brookwood, Senior Housing Project
8. Resolutions:
a. Resolution Regarding Disposition of Planning Commission Application
No. 84019
- Planning Commission Application No. 84019 was considered by the
Council at the June 25, 1984 meeting. Application No. 84019 was
submitted by Mr. John Guider for a variance from Section 35 -400 of the
zoning ordinance to (a) expand dwelling space into a garage less than
5' from the north side lot line and (b) to construct a new garage to
the south of the dwelling less than 10' from the south lot line. At
the June 25 Council meeting the Council directed the staff to prepare
a resolution denying Planning Commission Application No. 84019.
9. Planning Commission Items: (7:15 p.m.)
a. Planning Commission Application No. 84022 submitted by Marantha
Nursing Home for extension of the site and building plan and special
use permit approval granted under Application No. 83023 for an office
and garage addition to the nursing home at 5401 69th Avenue North.
The Planning Commission recommended approval of Application No. 84022
at its June 28, 1984 meeting.
10. Public Hearing on an Industrial Development Revenue Bond Proposal from
Ryan Construction, Incorporated. (7:30 p.m.)
-The proposed project will consist of the acquistion of land and the
construction and equipping thereon of a 33,000 sq. foot retail shopping
center located at Shingle Creek Parkway and John Martin Drive.
,CITY COUNCIL AGENDA -2- July 9, °1984
11. An Ordinance Repealing Chapter 8 of the City Ordinances Relating to Food
Sanitation and Adopting a New Food Sanitation Code
-This ordinance was first read on June 11, 1984, published on June 21,
1984 and is recommended for a second reading this evening. A public
hearing on the ordinance has been scheduled for 8:00 p.m.
12. Discussion Items:
a. Brooklyn Center Diamond Anniversary Committee
*13. Licenses
14. Adjournment
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
JUNE 25, 1984
CITY HALL
CALL TO ORDER
The Brooklyn Center City Council met in regular session and was called to order by
Mayor Dean Nyquist at 7:02 p.m.
ROLL CALL
Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, and Bill Hawes. Also
present were City Manager Gerald Splinter, Director of Public Works Sy Knapp,
Director of Finance Paul Holmlund, Director of Planning & Inspection Ron Warren,
City Attorney Richard Schieffer, City Engineer Jim Grube, and Administrative
Assistants Brad Hoffman and Tom Bublitz.
Mayor Nyquist noted that Councilmember Theis would be absent from this evening's
meeting.
INVOCATIO14
The invocation was offered by Pastor Randy Swenson of the Brooklyn Center Baptist
Church.
OPEN FORUM
Mayor Nyquist noted the Council had not received any requests to use the Open Forum
session this evening. He inquired if there was anyone present who wished to address
the Council. There being none, he continued with the regular agenda items.
CONSENT AGENDA
Mayor Nyquist inquired if any Council members requested any items removed from the
Consent Agenda. Councilmembers did not request any items removed from the Consent
Agenda.
PERFORPiANCE BOND REDUCTION FOR ROSEMARY TERRACE TOWNHOUSES, 1501 -1555 HUMBOLDT
PLACE
There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to
approve the reduction of performance guarantee for Rosemary Terrace Townhouses,
1501 -1555 Humboldt Place North from $28,000 to $1,500 until the spring of 1985 to
ensure viability landscaping and receive as built surveys. Voting in favor:
Mayor Nyquist, Councilmembers Lhotka, Scott, and Hawes. Voting against: none.
The motion passed.
RESOLUTIONS
RESOLUTION NO. 84 -97
Member Gene Lhotka introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1982 -Q (WATER SUPPLY WELL NO. 9
IMPROVEMENT PROJECT NO. 1982 -30)
The motion for the adoption of the foregoing resolution was duly seconded by member
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Celia Scott, and upon vote being taken thereon, the following voted in favor
thereof: Dean Nyquist, Gene Lhotka, Celia Scott, and Bill Hawes; and the following
voted against the same: none, whereupon said resolution was declared duly passed
and adopted.
RESOLUTION NO. 84 -98
Member Gene Lhotka introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING ENGINEER'S REPORT, ESTABLISHING CENTRAL PARK TENNIS COURT
IMPROVEMENT PROJECT NO. 1983 -12, PHASE II, APPROVING PLANS AND SPECIFICATIONS, AND
DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1984 -G)
The motion for the adoption of the foregoing resolution was duly seconded by member
Celia Scott, and upon vote being taken thereon, the following voted in favor
thereof: Dean Nyquist, Gene Lhotka, Celia Scott, and Bill Hawes; and the following
voted against the same: none, whereupon said resolution was declared duly passed
and adopted.
RESOLUTION NO. 84 -99
Member Gene Lhotka introduced the following resolution and moved its adoption:
RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC
SERVICE OF HERBERT DAHMEN
The moticn for the adoption of the foregoing resolution was duly seconded by member
Celia Scott, and upon vote being taken thereon, the following voted in favor
thereof: Dean Nyquist, Gene Lhotka, Celia Scott, and Bill Hawes; and the following
voted against the same: none, whereupon said resolution was declared duly passed
and adopted.
RESOLUTION NO. 84 -100
Member Gene Lhotka introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING QUOTATIONS AND AWARDING CONTRACT FOR THE PURCHASE OF A 2,000
GALLON WATER TANK
The motion for the adoption of the foregoing resolution was duly seconded by member
Celia Scott, and upon vote being taken thereon, the following voted in favor
thereof: Dean Nyquist, Gene Lhotka, Celia Scott, and Bill Hawes; and the following
voted against the same: none, whereupon said resolution was declared duly passed
and adopted.
LICENSES
There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to
approve the following list of licenses:
AM USEMENT DEVICE - OPERATOR
Brooklyn Center Community Center 6301 Shingle Cr. Pkwy.
Chuckwagon Inn 5720 Morgan Ave. N.
Davanni's 5937 Summit Drive
Denny's 3901 Lakebreeze Ave. N.
Green Mill Inn 5540 Brooklyn Blvd.
Holiday Inn 1501 Freeway Blvd.
K -Mart 5930 Earle Brown Dr.
Lynbrook Bowl 6357 N. Lilac Dr.
Picadilly Circus Brookdale Center
Show Biz Pizza 5959 John Martin Dr.
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AMUSEMENT DEVICE - VENDOR
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Advance Carter 850 Decatur
B & K Music & Vending 3420 Nicollet Ave. S.
Century Corp. 2910 W. Montrose ,Ave.
Twin City Novelty Co. 9549 Penn Ave. S.
FOOD ESTABLISHMENT LICENSE
Berean Evangelical Free Church 6625 Humboldt Ave. N.
GARBAGE & REFUSE VEHICLE LICENSE
Block Sanitation 6741 79th Ave. N.
MECHANICAL SYSTEMS LICENSE
Able Mechanical Services 6717 83rd P1. N.
Airco Heating & Air Cond. 4014 Central Ave. NE
NONPERISHABLE VENDING MACHINE LICENSE
Coca Cola Bottling Midwest 1189 Eagan Ind. Rd.
C.P.S.I. 2700 Freeway Blvd.
RENTAL DWELLING LICENSE
Renewal:
Garrit & Mary Memelink 7212 Aldrich Ct.
Gary & Danae Morrison 5104 E. Twin Lake Blvd.
Tracy Rice 5836 Xerxes Ave. N.
Gary DeAuston 6107 Xerxes Ave. N.
Michael Acosta 6113 Xerxes Ave. N.
Initial:
Darrell A. Farr Development Beach Apts.
Elkhorn Properties 5612 Irving Ave. N.
Martha Lahti 5316 Knox Ave. N.
Martha Lahti 5322 Knox Ave. N.
Gary Heck 5343 Penn Ave. N.
Sigmund Bona 5207 Xerxes Ave. N.
Frances M. Lunacek 5211 Xerxes Ave. N.
SIGN HANGERS LICENSE
DeMars Signs 4040 Marshall St. NE
Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, and Hawes. Voting
against: none. The motion passed.
APPROVAL OF MINUTES - BOARD OF EQUALIZATION, JUNE 4, 1984
There was a motion by Councilmember Hawes and seconded by Councilmember Scott to
approve the minutes of the Board of Equalization meeting of June 4, 1984 as
submitted. Voting in favor: Mayor Nyquist, Councilmembers Scott and Hawes.
Voting against: none. The motion passed. Councilmember Lhotka abstained from
voting as he was not present at the June 4, 1984 meeting.
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APPROVAL OF MINUTES - CIT COUNCIL MEETING, JUNE 11, 1984
There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to
approve the minutes of the City Council meeting of June 11, 1984 as submitted.
Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, and Hawes. Voting
against: none. The motion passed.
RESOLUTIONS (CONTINUED)
The City Manager introduced a Resolution Accepting Engineer's Report, Establishing
Sealcoating Improvement Project No. 1984 -13, Approving Specifications, and
Directing Advertisement for Bids (Contract 1984 -H) . He explained that the project
provides for the sealcoating of streets in the southwest neighborhood.
The Director of Public Works explained the staff is recommending that the City buy
the materials for the sealcoating and contract out the work. He noted this was a
departure from the City's policy of doing the sealcoating work with its own forces,
but he explained early retirement has reduced the permanent staff of the street
department by two full -time positions. The Director of Public Works explained the
sealcoating project takes about eight to ten employees but during the three to four
weeks of sealcoating the majority of the street department's efforts are taken up
with sealcoating.
RESOLUTI NO. 84 -101
Member Bill Hawes introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING ENGINEER'S REPORT, ESTABLISHING SEALCOATING IMPROVEMENT
PROJECT NO. 1984 -13, APPROVING SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR
BIDS (CONTRACT 1984 -H)
The motion for the adoption of the foregoing resolution was duly seconded by member
Gene Lhotka, and upon vote being taken thereon, the following voted in favor
thereof: Dean Nyquist, Gene Lhotka, Celia Scott, and Bill Hawes; and the following
voted against the same: none, whereupon said resolution was declared duly passed
and adopted.
The City Manager introduced a Resolution Authorizing Replacement of Liquor Stores
Manager Position. The City Manager explained the staff is recommending the
appointment of Gerald Olson as Liquor Stores Manager. Mayor Nyquist and
Councilmember Hawes expressed concern over municipal liquor stores operation and
cited recent sales figures.
Councilmember Hawes suggested looking into comparisons between municipal and
private liquor operations. The City Manager noted one goal of municipal
involvement is the control of the sale of liquor, such as sales to minors. He also
indicated that the staff is looking at some possible changes in the liquor stores
operation.
Councilmember Scott expressed support for the staff's approach of recruiting
qualified people from within the existing City staff.
RESOLUTION NO. 84 -102
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING REPLACEMENT OF LIQUOR STORES MANAGER POSITION
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The motion for the adoption of the foregoing resolution was duly seconded by member
Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof:
Dean Nyquist, Gene Lhotka, Celia Scott, and Bill Hawes; and the following voted
against the same: none, whereupon said resolution was declared duly passed and
adopted.
ORDINANCES
The City Manager introduced An Emergency Ordinance Amending Chapter 25 of the City
Code of the City of Brooklyn Center by Regulating Traffic. He explained the
ordinance is offered for a first reading and would authorize the City Manager to
regulate traffic in certain situations when it becomes necessary to preserve the
public peace and safety. The City Tianager then reviewed the particular traffic
problems which initiated the development of the ordinance. He noted the traffic
problems are focused on the problems with access to the 694 bridge heading east into
Fridley. He explained currently, traffic coming from downtown Minneapolis is
passing by the entrance ramp to east 694 and entering into residential neighborhoods
north of the freeway, then doubling back and entering on another ramp. He explained
the problem is particularly acute in one individuals driveway where many vehicles
are making U- turns. The City Attorney noted that most other cities have similar
ordinances and that it is an emergency ordinance, but he recommended the Council
still proceed with the normal hearing requirements for regular ordinances.
There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to
approve An Emergency Ordinance Amending Chapter 25 of the City Code of the City of
Brooklyn Center by Regulating Traffic, to direct the City staff to publish the
ordinance in the official newspaper and to set a hearing date for the ordinance for
8:00 p.m. on July 23, 1984.
PUBLIC HEARING ON THE PROPOSE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS
UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT
Administrative Assistant Hoffman explained the public hearing comprehends a
request for refinancing of the 8.2 million dollar original request to 3.45 million
dollars for the existing building. He explained the decision of the applicant is
not to build the other two buildings originally contemplated. He added that the
original bonds expire on January 1, 1985.
Mayor Nyquist recognized a representative from Miller & Schroeder Investments and
she explained the bonds are being refunded, which extends the term of the financing
originally approved by the City Council. She stated the bonds and letter of credit
expire on January 1, 1985 and Council action this evening would extend the term of
the financing.
Administrative Assistant Hoffman reviewed recent legislation passed in Congress
which would limit industrial development revenue bonds to approximately 7 million
dollars annually for Brooklyn Center.
Mayor Nyquist opened the meeting for the purpose of a public: hearing on a proposed
issuance of industrial development revenue bonds under the Minnesota Municipal
Industrial Development Act. He inquired if there was anyone present who wished to
speak at the public hearing. No one appeared to speak and he entertained a motion to
close the public hearing.
There was a motion by Councilmember Scott and seconded by Councilmember Hawes to
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close the public hearing on a Proposed Issuance of Industrial Development Revenue
Bonds under the Minnesota Municipal Industrial Development Act. Voting in favor:
Mayor Nyquist, Councilmembers Lhotka, Scott, and Hawes. Voting against: none.
The motion passed.
RESOLUTION NO. 84 -103
Member Bill Hawes introduced the following resolution and moved its adoption:
RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROPOSED ISSUANCE OF REFUNDING BONDS
UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AND AUTHORIZING THE PREPARATION OF
DUCUMENTS IN CONNECTION WITH THE ISSUANCE OF THE BONDS
The motion for the adoption of the foregoing resolution was duly seconded by member
Celia Scott, and upon vote being taken thereon, the following voted in favor
thereof: Dean Nyquist, Celia Scott, and Bill Hawes; and the following voted
against the same: Gene Lhotka, whereupon said resolution was declared duly passed
and adopted.
The City Manager introduced An Ordinance Amending Chapter 35 of the City Ordinances
Regarding the Classification of Financial Institutions. He explained the
ordinance is offered for a first reading and would make banks and financial
institutions a separate category, in the zoning ordinance, from real estate,
insurance and finance offices.
There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to
approve for first reading An Ordinance Amending Chapter 35 of the City Ordinances
Regarding the Classification of Financial Institutions and to set a public hearing
on the ordinance for 8:00 p.m. on July 23, 1984. Voting in favor: Mayor Nyquist,
Councilmembers Lhotka, Scott, and Hawes. Voting against: none. The motion
passed.
PLANNING COMMISSION ITEMS
PLAI11dI' T G CO14 APPLICATION NO. 8 4015 SUBMITTE BY BYERLY' S, INC. FOR SITE AND
BU I T PLAN APPROV TO COIJSTRUCT A BYERLYI S STORE AIND ATTACHED SHOPPING CENTER AT
THE S OUTHEAST CORNER OF SUP-11 DRIVE AND SHINGLE CRE PARKWAY
PL ANNING COMMISSION APPLICATI N O. 84016 SUBMITTED BY BYERLY'S, INC. FOR
PRELII~,I'1ARY R.L.S. APPROVA?� TO SUED INTO TvK' TRA CTS THE VACANT TRACTS OF LAND
WEST OF LABELLEIS AND TRAC'1 S G AND I OF R.L.S. 11O. 1325 AT THE SOUTHEAST CORNER OF
SUK '!T DRIVE A ?1D SHING CREEK PARKWAY
The Director of Planning & Inspection presented and reviewed for Council members
pages one through four of the June 14, 1984 Planning Commission meeting minutes and
also the Planning Commission information sheets prepared for Application Nos. 84015
and 84016. He explained the subject parcel in Application No. 84015 is zoned C2 and
he proceeded to review the location of the parcel which is east of Shingle Creek
Parkway and south of Summit Drive. He then reviewed a transparency of the site and
building plan proposed for the project, and also the parking and landscaping plans
proposed with Application No. 84015.
The Planning Director then reviewed the preliminary plat comprehended by Planning
Commission Application No. 84016.
The Director of Planning noted the Planning Commission recommended approval of
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Application No. 84015 at its June 14, 1984 meeting, subject to 15 conditions which he
reviewed for Council members. He recommended condition No. 10 be revised to state
"prior to issuance of building permits" rather than "prior to City Council
consideration in the following manner ". fie added that condition No. 11 of the
Planning Commission recommended conditions can be stricken since the traffic
forecast has been submitted.
The Planning Director stated the Planning Commission recommended approval of
Application No. 84016 at its June 14 1 84 meeting, to five conditions which
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he r Council that a public hearing reviewed for Council members. He informed the Cou it t p g on
the preliminary plat is required and that a representative of the applicant is
present this evening.
Mayor Nyquist opened the meeting for the purpose of a public hearing on Application
No. 84016 and inquired if there was anyone present who wished to speak at the public
hearing. No one requested to speak and he entertained a motion to close the public
hearing.
There was a motion by Councilmember Scott and seconded by Councilmember Hawes to
close the public hearing on Planning Commission Application No. 84016.
There was a motion b Councilmember Hawes and seconded b Councilmember Lhotka to
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approve Application No. 84015, subject to the following conditions:
1. Building plans are subject to review and approval by the
Building Official with respect to applicable codes prior to the
issuance of permits.
2. Grading, utility and bermin plans are subject to
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review and approval by the City Engineer, prior to the issuance
of permits.
3. A site performance agreement and supporting financial guarantee
(in an amount to be determined by the City Manager) shall be
submitted prior to the issuance of permits to assure completion
of approved site improvements.
4. Any outside trash disposal facilities and rooftop mechanical
equipment shall be appropriately screened from view.
5. The building is to be equipped with an automatic fire
extinguishing system to meet NFPA standards and shall be
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connected to a central monitoring device in accordance with
Chapter 5 of the City Ordinances.
6. An underground irrigation system shall be installed in all
landscaped areas to facilitate site maintenance.
7. Plan approval is exclusive of all signery which is subject to
Chapter 34 of the City Ordinances.
8. B612 curb and gutter shall be provided around all parking and
driving areas.
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9. The R.L.S. for this property shall be given final approval by the
City Council and filed at the County prior to the issuance of
building permits.
10. The plans shall be revised prior to the issuance of building
permits in the following manner:
a. The driveway openings on John Martin Drive and Summit Drive
shall be widened to meet the recommendation of the Director
of Public Works and shall be revised to be at a 90 ° angle to
public right -of -way.
b. Additional shade and coniferous trees shall be provided
along the east side of the site, north of the property line
jog to provide better screening of the loading dock area and
more attractive appearance.
c. The exclusion of Tract B from underground irrigation shall
be removed.
d. Additional benches shall be provided in the sidewalk area in
front of the shopping center building.
e. The large parking lot island adjacent to the John Martin
Drive access shall be landscaped with at least two
decorative trees and shrubs consistent with landscaping by
the building.
f. An additional fire hydrant shall be provided at the jog in
the east property line to provide adequate fire protection
to the loading dock area.
g. Berms in the Summit Drive and Shingle Creek Parkway
greenstrip areas shall reach a height of 3' above street
grade, subject to a maximum 3:1 slope.
11, Plan approval acknowledges a waiver of the policy for a 125'
offset for the access onto John Martin Drive and of the
limitation of a 30' driveway opening for the easterly access on
Summit Drive.
12. An as -built survey of the site utilities shall be provided to the
City Engineer prior to release of the performance guarantee.
13. Any soil correction on the site and /or dewatering of the site
shall be conducted in a manner consistent with State and local
codes.
14. Plan approval acknowledges a proof -of- parking for 1435 parking
stalls on the Byerly's site and 247 stalls on the shopping center
site. The applicant shall agree in writing to provide such
stalls upon a determination by the City that proposed parking
for the site is inadequate. Such written agreement shall be
submitted to the City prior to the issuance of building permits.
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Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, and Hawes.
Voting against: none. The motion passed.
There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to
approve Application No. 84016, subject to the following conditions:
1. The final R.L.S. is subject to review and approval of the City
Engineer.
2. The final R.L.S. is subject to the provisions of Chapter 15 of
the City Ordinances.
3. Cross access and cross parking easements over the entire R.L.S.
shall be filed with the R.L.S. at the County.
4. The applicant shall enter into a standard utility maintenance
agreement with the City as required by the City Engineer.
5. Property irons shall be verified by the Engineering Department
prior to release of the performance guarantee posted for
Planning Commission Application No. 84015.
Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis.
Voting against: none. The motion passed.
PLANNING COMMISSION APPLICATION NO. 84017 SUBMITTED BY EVELYN BORGEN FOR
PRELIMINARY PLAT APPROVAL TO SUBDIVIDE I14i T6,'0 LOTS THE PARCEL OF — - THE
SOUTHEAST CORNER OF 73RD AVENUE NORTH AND AVENUE NORTH, ADDRESSED 1219
73RD AVENUE NORTH
PLANNING COMMISSION APPLICATION N0. 8401 SUBMITTED BY EVELYN BORGEN FOR A VARIANCE
FROM SECTION 15 -106 OF THE SUBDIVISIO OR=JAIdCE AND SECTION 35 - 400 OF � u 7 0 1 G
ORDINANCE TO ALLOW CREATION OF' A SI'dGLE -r A; ILY LOT OF LESS THAN 9,D0_ Sm . r T . zR
The Director of Planning & Inspection presented and reviewed for Council :embers
pages four through five of the June 14, 1984 Planning Commission meeting minutes and
also the Planning Commission information sheets prepared for Application lNos. 84017
and 84018. He noted the applicants request is to subdivide into two tracts, the
parcel of land at the southeast corner of 73rd Avenue North and Fremont Avenue North.
He explained the applicant is also requesting a variance to allow creation of a
single- family lot less than 9,500 sq. ft. in area. The Planning Director reviewed
for Council members the applicant's letter requesting the variance.
Following a public hearing, the Planning Director noted the Planning Commission
recommended approval of Application No. 84017, subject to three conditions which he
reviewed for Council members. He added that the Planning Commission recomended
approval of Application No. 84018 on the grounds that the standards for a variance
are met. He then noted that public hearings are required on the applications and
that a representative of the applicant is present.
Mayor Nyquist opened the meeting for the purpose of a public hearing on Application
Nos. 84017 and 84018, and inquired if there was anyone present who wished to speak at
the public hearing. No one requested to speak and he entertained a motion to close
the public hearing.
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There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to
close the public hearing on Application Nos. 84017 and 84018. Voting in favor:
Mayor Nyquist, Councilmembers Lhotka, Scott, and Hawes. Voting against. none.
The motion passed.
There was a motion by Councilmember Scott and seconded by Councilmember Hawes to
approve Application No. 84017, subject to the following conditions:
1. The final plat is subject to review and approval by the City
Engineer.
2. The final plat is subject to the provisions of Chapter 15 of the
City Ordinances.
3. The existing portable shed to the south of the garage shall be
removed from the proposed Lot 2 prior to final plat approval.
Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, and Hawes. Voting
against: none. The motion passed.
There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to
approve Application No. 84018 on the grounds that the standards for a variance are
met.
Councilmember Scott suggested adding a condition to Councilmember Lhotka's motion
which would state that "no other variances are granted or implied by approval of
Application No. 84018 ". Both the mover and seconder of the motion, to approve
Application No. 84018 accepted Councilmember Scott's amendment. Upon a vote being
taken thereon, the following voted in favor thereof: Mayor Nyquist,
Councilmembers Lhotka, Scott, and Hawes. Voting against: none. The motion
passed.
PLANNING COMMISSION APPLICATION NO. 84019 SU BMITTED BY JO GUIDER FOR A VARIANCE
F SECTION 3 5 -400 OF THE ZONING, T � EX " _
ROB � � OR DINANCE 0 (a) Dv�ELLIIyG SPACE INTO A
GARAGE LESS THAN 5' FR 01 THE NORTH SIDE LOT LINE AND (b) TO COi STRUCT A NEFd GARAGE TO
THE SOUTH OF THE D`w_LLING LESS THAN 10 FROM I THE SO UTH SIDE LOT LINE
The Director of Planning & Inspection presented and reviewed for Council members
pages five through nine of the June 14, 1984 Planning Commission meeting minutes and
also the Planning Commission information sheet prepared for Application No. 84019.
He proceeded to review for Council members the applicant's request for a variance
and also reviewed the location and R1 zoning of the subject parcel. He explained
that one question is whether footnote 12 of Section 35 -400 of the zoning ordinance
applies to a conversion of a garage to a dwelling space. He explained the Planning
Commission believes that it does and recommended that the Council make a similar
finding, in which case no variance would be required. He then noted the subject
parcel is also classified as a nonconforming use ( a duplex) , and the ordinance does
not permit expansion of a nonconforming use.
The Planning Director proceeded to review the Planning Commission's findings in
Application No. 84019. He noted a public hearing on the Application is scheduled
and that the applicant is present this evening.
Mayor Nyquist opened the meeting for the purpose of a public hearing on Application
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No. 84019 and inquired if there was anyone present who wished to speak at the public
hearing. Mayor Nyquist recognized the applicant, Mr. John Guider. Mr. Guider
stated he believed that Planning Commission members, at their June 14, 1984 meeting,
were favorable to the application, and that he believes the Planning Commission was
under the misconception that the garage could not be built. He added that he
believes the City Council has a right to grant the variance under the interpretation
of the City ordinance. He noted he t;auld accept a 17' width on the garage but cannot
do it because it is a nonconforming use. Mr. Guider stated that the question in his
mind is what is nonconforming. Pr. Guider contended that it is the use of the
property and not how a structure is built. He added he was not expanding the
dwelling's use and that the use of the dwelling is still the same. He explained he
lives on the upper level of the dwelling and there is an apartment on the bottom. He
explained he is expanding his home and the nonconforming use is the apartment in the
basement. He concluded by stating that he is not expanding the nonconforming use.
Mayor Nyquist inquired if there was anyone else who wished to speak at the public
hearing. No one appeared to speak and he entertained a motion to close the public
hearing.
There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to
close the public hearing on Application No. 84019.
Councilmember Lhotka requested the City staff to react to Mr. Guider's statements.
The Director of Planning stated he would agree with Mr. Guider but that he believes
the use of the property is a two - family dwelling and is not a permitted use in an R1
zone.
There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to
concur with the Planning Commission's finding that footnote 12 of Section 35 -400 of
the zoning ordinance applies to the request to convert the existing garage to
dwelling space and that no variance need be granted for that portion of Application
No 84019 Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, and
Hawes. Voting against: none. The motion passed.
The City Attorney stated that he agrees with the Planning Director's interpretation
of the ordinance, but he would recommend that the staff be directed to clarify with a
resolution stating that the action taken is not based on a use variance but is based
on an expansion of a nonconforming use.
There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to
direct the City staff to prepare a Resolution Denying Part B of Application No.
84019, and to clarify that the denial is based on an expansion of a nonconforming use
and not on a use variance. Voting in favor: Mayor Nyquist, Councilmembers Lhotka,
Scott, and Hawes. Voting against: none. The motion passed.
RECESS
The Brooklyn Center City Council recessed at 9:14 p.m. and reconvened at 9 :29 p.m.
PLANNING C0MMISSION APPLICATION NO. 84020 SUBMITTED BY RANDY RAU FOR SITE AND
BUILDING PLAN ADD S PECIAL USE PERP APPROVAL TO CON VERT AN EXISTING SUPERETTE AT
4 l0�TH AVENUE NIORTH TO A SERVICE GARAGE AND TO BUILD A NEW SUPERETTE TO THE EAST
OF THIS BUILDING
6 -25 -84 -11-
PLA'dNIN G CC'• ":ISSION APPLICATION NO. 84021 SUB! " UTED BY RANDY RAU FOR PR ELIMINARY
PLAT APPR, u L TO C0! ',E INTO _A SINGLE LOT THE TINIQ EXISTI PARCELS AT 6849 BROOKLYN
BOULEVARD _ ` X4.,1 9 "TH AVE UE NORTH I'OR A W B IINED DEVELOPMENT
The Director of Planning presented and reviewed for Council members pages 9 through
11 of the June 14, 1984 Planning Commission meeting minutes and also the Planning
Commission information sheets prepared for Application Nos. 84020 and 84021. He
proceeded to review for Council members the applicant's request for site and
building plan and preliminary plat and special use permit approval. He reviewed
the location of the subject parcel located in the southwest quadrant of 69th and
Brooklyn Boulevard, and proceeded to review a transparency of the site and building
plan and landscaping plan submitted with the application.
The Director of Planning then reviewed the parking requirements for the application
and also the parking spaces designated on the site and building plan. He also noted
the landscaping proposed in the application. He then reviewed a transparency of
the preliminary plat, and noted that following a public hearing, the Planning
COmmisSlon, at its June 14, 1984 meeting, recommended approval of Application No.
84020, subject to 13 conditions which he reviewed for Council members. He then
noted that the Planning Commission also recommended approval of Application No.
84021, subject to three conditions, which he reviewed for Council members. The
Planning Director noted a public hearing has been scheduled for the special use
request and preliminary plat and that the applicant was present this evening.
The City ;`anager inquired whether the applicant has examined the existing
underground tanks. The applicant explained his plan is to put in entirely new gas
tanks.
Mayor Nyquist opened the meeting for the purpose of a public hearing on Application
Nos. 84020 and 84021 and inquired if there was anyone present who wished to speak at
the public hearing. Mayor Nyquist recognized the applicant, Mr. Randy Rau, who
stated that he believes the project will improve the appearance of the corner and
will be a ben n
benefit to the City of Brooklyn Center.
Councilmmember Lhotka inquired whether the applicant had any objections to putting
brick entirely around the exterior or to screen with plantings. The applicant
stated that he would like to extend the brick treatment all the way around the
building but that expense was a concern. He explained that the west side faces only
the postoffice and that the south side of the building faces an open field facing the
freeway.
Councilmember Hawes inquired if the applicant had any plan for trash disposal. Mr.
Rau stated that he would plan to have the trash disposal facility on the northwest
side of the building.
Mayor Nyquist inquired if there was anyone else who wished to speak at the public
hearing. No one requested to speak and he entertained a motion to close the public
hearing.
There was a motion by Councilmember Scott and seconded by Councilmember Hawes to
close the public hearing on Application Nos. 84020 and 84021. Voting in favor:
Payor Nyquist, Councilmembers Lhotka, Scott, and Hawes. Voting against: none.
The motion passed.
There was a motion by Councilmember Hawes and seconded by Councilmember Scott to
approve Application No. 84020, subject to the following conditions:
6 -25 -84 -12-
1. Building plans are subject to review and approval by the
Building Official with respect to applicable codes prior to the
issuance of permits.
2. Grading, drainage, utility and berming plans are subject to
review and approval by the City Engineer, prior to the issuance
of permits.
3. A site performance agreement and supporting financial guarantee
(in an amount to be determined by the City Manager) shall be
submitted prior to the issuance of permits to assure completion
of approved site improvements.
4. Any outside trash disposal facilities and rooftop mechanical
equipment shall be appropriately screened from view.
5. The building is to be equipped with an automatic fire
extinguishing system to meet NFPA standards and shall be
connected to a central monitoring device in accordance with
Chapter 5 of the City Ordinances.
6. An underground irrigation system shall be installed in all
landscaped areas to facilitate site maintenance.
7. Plan approval is exclusive of all signery which is subject to
Chapter 34 of the City Ordinances.
8. B612 curb and utter shall be provided around all parking and
g P P g
driving areas.
9. Freestanding lightposts within public right -of -way shall be
relocated onto private property. The freestanding lights
adjacent to existing pump islands or accesses to be closed shall
be removed during construction of the project.
10. Landscape plantings shall not be installed in the site triangle
at the southwest corner of 69th Avenue North and Brooklyn
Boulevard.
11. The special use permit is subject to all applicable codes,
ordinances and regulations and any violation thereof shall be
grounds for revocation.
12. Plan approval is subject to the recommendations contained in the
City Engineer's letter to M. V. Rich Company dated June 7, 1984.
13. The final plat combining the parcels shall be filed at the County
prior to issuance of any building permit for construction of the
new superette building.
Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, and Hawes. Voting
against: none. The motion passed.
6 -25 -84 -13-
^ c
There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to
approve Application No. 84021, subject to the following conditions:
1. The final plat is subject to review and approval by the City
Engineer.
2. The final plat is subject to the provisions of Chapter 15 of the
City Ordinances.
3. The preliminary plat shall be revised in accordance with the
letter of the City Engineer to M.V. Rich Co. , Inca dated June 7,
1984.
Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, and Hawes. Voting
against: none. The motion passed.
r
ORDIIy.A ?vCES ( CONTINUED)
The City Manager introduced An Ordinance Amending Section 11 -111 Relating to the
Restrictions on Purchase and Consumption of Liquor by Persons under 19 Years of Age
and explained that the ordinance is offered for a first reading and would bring City
ordinance into compliance with the change in State law which prohibits any person
under the age of 19 years to consume any intoxicating liquor or nonintoxicating malt
liquor unless in the household of his or her parent or guardian and with the consent
of his or her parent or guardian.
There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to
approve for first reading An Ordinance Amending Section 11 -111 Relating to the
Restrictions on Purchase and Consumption of Liquor by Persons under 19 Years of Age
and to set a public hearing on the ordinance for July 23, 1984 at 8:Q0 p.m. Voting in
favor: Mayor Nyquist, Councilmembers Lhotka, Scott, and Hawes. Voting against:
none. The motion passed.
The City Manager introduced An Ordinance Amending Chapter 35 of the City Ordinances
Classifying Certain Land as being within the R3 Zoning District, and explained that
the ordinance was first read on February 27, 1984 and was published on March 8, 1984.
He explained a public hearing on the ordinance was held on March 26, 1984 and
consideration of the ordinance was tabled until such time as the final plat was filed
and the ordinance was placed on the agenda. He explained that the final plat has
been filed at the County and that the ordinance provides for the rezoning of the
Madsen Floral property in conjunction with Planning Commission Application Nos.
84001 and 84002. He explained the staff is recommending the ordinance for a second
reading this evening. The Director of Planning & inspection explained that, since
the ordinance has already had a public hearing, the ordinance will become effective
upon adoption.
ORDI NANCE NO. 84 -07
Member Celia Scott introduced the following ordinance and moved its adoption:
AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES CLASSIFYING CERTAIN LAND AS
BEING WITHIN THE R3 ZONING DISTRICT
The motion for the adoption of the foregoing ordinance was duly seconded by member
Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof:
Dean Nyquist, Gene Lhotka, Celia Scott, and Lill Hawes; and the following voted
against the same: whereupon said resolution was declared duly passed and adopted.
6 -25 -84 -14-
DISCUSSION ITEMS
TRANSMITTAL TO CITY COUNCIL OF RECONNENDE:D AMENDMEN TO THE BROOKLYN CENTER CITY
CHART _
The City Manager explained that the Charter amendment recommends that the municipal
election calendar be changed to coincide with State and Federal elections,
eliminating odd year municipal elections. He added that the Charter Commission is
requesting the Council take action on the recommended ordinance only after an
article has been published in the City's newsletter which explains the Charter
Commission's recommendations. He added that no action is requested this evening.
CONSIDERATIOII OF SPECIFIED LICENSE - NONIN LIQUOR LICENSE FOR SHOWBIZ
PIZZA
The City Manager explained that the approval of this license is being recommended
conditioned upon the final sale of the business.
There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to
approve the nonintoxicating liquor license for Showbiz Pizza contingent on the
final sale of the business. Voting in favor: Mayor Nyquist, Councilmembers
Lhotka, Scott, and Hawes. Voting against: none. The motion passed.
ADJOURNMENT
There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to
adjourn the meeting. Voting in favor: Mlayor Nyquist, Councilmembers Lhotka,
Scott, and Hawes. Voting against: none. The motion passed. The Brooklyn
Center City Council adjourned at 10:00 p.m.
Deputy City Clerk Mayor
6 -25 -84 -15-
MEMORANDUM
TO: Ronald A. Warren, Director of Planning and Inspection
FROM: Gary Shallcross, Planning Assistant
DATE: July 6, 1984
SUBJECT: Performance Guarantee
The following performance guarantee is recommended for reduction:
1. Brookwood Manor, Estates, Residences
6125, 6201 North Lilac Drive, 63rd Lane
Planning Commission Application No. 83004
Amount of Guarantee - $78.000 Bond
Obligor - Brutger Companies, Inc.
All grading, paving, curb and gutter and utilities have been installed
in accordance with the approved plans. Some minor changes have been made
in the townhouse project because of more two -car garages. Landscaping is
in progress. Some trees and sod already appear dead and much is yet to
be planted. Recommend reducing bond from $78,000 to $20,000 to insure
installation and viability of all landscaping through next winter.
Approved by
Ronald A. Warren, Director of Panning and Inspection
I
r F1 4 Mem i
Member introduced the following resolution i n n
g e t o and moved
its adoption:
RESOLUTION NO.
RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION
APPLICATION NO. 84019 SUBMITTED BY MR. JOHN GUIDER,
5115 EAST TWIN LAKE BOULEVARD
WHEREAS, Mr. John Guider has requested, under Planning Commission
Application No. 84019, a two part variance from Section 35 -400 of the City Ordi-
nances to allow expansion of dwelling space by converting an existing garage
located less than five feet from one side property line (PART A), and the
construction of a new attached garage less than 10 feet from the opposite side
property line (PART B) on the property addressed as 5115 East Twin Lake Boulevard;
WHEREAS, the Planning Commission held a duly called public hearing on
June 14, 1984 at which time there was extensive discussion on the matter and it
was reported to the Commission that the structure at 5115 East Twin Lake Boule-
vard is a two - family dwelling and as such is a legal nonconforming use of
property in an Rl zoning district; and
WHEREAS, the Planning Commission recommended to the City Council that
a finding be made that footnote 12 of Section 35 -400 of the Zoning Ordinance
applies to Part A of the applicant's request to convert the existing garage to
dwelling space and that no variance need be granted for that portion of Application
No. 84019; and
WHEREAS, the Planning Commission also recommended to the City Council
that Part B of the applicant's request be denied on the grounds that the property
is determined to be a two - family dwelling; that it is,therefore, a nonconforming
use; that a nonconforming use under Section 35 -111 of the Zoning Ordinance is not
permitted to expand by covering a greater area of land; and that, therefore, to
grant such a variance would be a use variance contrary to City Ordinance and State
law; and
WHEREAS, the City Council considered Application No. 84019 on June 25,
1984 at which time a public hearing was also held and the City Council heard
comments both for and against the application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of the
Brooklyn Center that:
1. The Council finds that footnote 12 of Section 35 -400 of the
City Ordinances applies to Part A of Application No. 84019
and that the applicant can convert the existing garage to
dwelling space and that no variance need be granted.
2. That Part B of Application No. 84019 involving a request to
build a garage, be denied on the grounds that the property
at 5115 East Twin Lake Boulevard is a two - family dwelling
and, therefore, a nonconforming se which cannot expand b
9 P y
being enlarged or increased or occupy a greater area of land
in accordance with Section 35 -111, Subdivision 1, of the
City Ordinances.
RESOLUTION NO.
BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center
that the applicant seek and receive the necessary building permits prior to com-
mencing any further action to convert the existing garage to dwelling space.
Date Mayor
ATTEST
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor
thereof;
and the following voted against the same;
whereupon said resolutin was declared duly passed and adopted.
MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF
HENNEPIN AND THE STATE OF MINNESOTA
STUDY SESSION
JUNE 28, 1984
CITY HALL
CALL TO ORDER
The Planning Commission met in study session and was called to order by Chairman
George Lucht at 7:31 p.m.
ROLL CALL
Chairman George Lucht, Commissioners Molly Malecki, Mary Simmons, Lowell Ainas,
Carl Sandstrom and Mike Nelson. Also present were Director of Planning and
Inspection Ronald Warren and Planning Assistant Gary Shallcross.
APPROVAL OF MINUTES - JUNE 14, 1984
Motion by Commissioner Malecki seconded by Commissioner Ainas to approve the
minutes of the June 14, 1984 Planning Commission meeting as submitted. Voting in
favor: Chairman Lucht, Commissioners Vialecki, Simmons, Ainas, Sandstrom and
Nelson. Voting against: none. The motin passed.
APPLICATION NO. 84022 (Maranatha Nursing Home)
Following the Chairman's explanation, the Secretary introduced the first item of
business, a request for extension of the site and building plan and special use
permit approval granted under Application No. 83023 for an office and garage
addition to the nursing home at 5401 69th Avenue North. The Secretary reviewed the
contents of the staff report (see Planning Commission Information Sheet for
Application No. 84022 attached). The Secretary also explained that special use
permits expire after one year if they are not renewed.
Commissioner Manson arrived at 7:37 p.m.
Chairman Lucht asked the applicant whether he had anything to add. Mr. George Wahl,
representing Maranatha Nursing Home, stated that the intent of the proposed
addition and mansard treatment were to beautify the building. He complained that
each level of government and each department in the City has applied more
requirements than were originally applied to the approval. He stated that these
requirements were added every month or so and that the nursing home was not able to
determine just exactly what it had to do to comply. He continued to complain about
the whole system of bureaucratic red tape and delay. The Secretary commented that
Mr. Wahl had objected to the original conditions as well. He stated that problems
did arise in the issuing of permits when the plans were reviewed by the State
Building Codes Division. the State determined that the addition must be equipped
with an automatic fire extinguishing system. Mr. Wahl pointed out that the Welfare
Department had stated that sprinklers were not required at this time. The
Secretary pointed out that the nursing home was asked to enter into an agreement to
install sprinklers within three years, whether or not a major addition of the
building was carried forward, and that the nursing home refused.
PUBLIC HEARING (Application No. 84022)
Chairman Lucht then opened the meeting for a public hearing regarding Application
No. 84022 and asked whether anyone present wished to speak regarding the
application. Hearing none, he called for a motion to close the public hearing.
6 -28 -84 -1-
w !
CLOSE PUBLIC HEARING
Motion by Commissioner Malecki seconded by Commissioner Sandstrom to close the
public hearing. The motion passed unanimously.
Mr. George Wahl left the Council Chambers at this point. There followed a brief
discussion regarding the options of the Planning Commission to approve or table the
application.
ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 84022 (Maranatha Nursing Home)
Motion by Commissioner Sandstrom seconded by Commissioner Nelson to recommend
approval of Application No. 84022 subject to the following conditions:
1. Building plans are subject to review and approval by the Building
Official with respect to applicable codes prior to the issuance
of permits.
2. The addition to the building shall be equipped with an automatic
fire extinguishing system in accordance with NFPA standards and
two fire walls shall be constructed within the existing building
at locations prescribed by the Building Official.
3. The applicant shall submit in writing, prior to the issuance of
permits, a statement agreeing to provide parking spaces in
accordance with ordinance standards upon a determination by the
City that full ordinance - required parking is needed.
Voting in favor: Chairman Lucht, Commissioners Malecki, Simmons, Manson,
Sandstrom and Nelson. Voting against: none. The motion passed.
DISCUSSION ITEMS
a. Critical Area Ordinance
The Secretary then briefly referred the Commission's attention to the Draft
Critical Ordinance contained in the agenda. He noted that the Critical Area
Ordinance had been before the Planning Commission before and stated that he had no
explanatory comments to make at this time. He noted that the ordinance uses
standard language to accomplish the requirements of the Critical Area Act. He
explained that after the ordinance is adopted, it will be the City's responsibility
to regulate development of the river bank.
Chairman Lucht asked whether the district boundary had to extend over to Camden
Avenue North, south of the freeway. The Secretary stated that staff had requested a
change in the district boundary to be along the I -94 right -of -way, but that the State
was unwilling to make another executive order to amend the order that created the
Critical Area District. The Secretary stated that he did not think there would be
any Y effect on the land to the west of the freeway. Commissioner Simmons , who lives
between Camden Avenue North and the freeway, asked whether the Critical Area
Ordinance would affect her. The Secretary responded that the ordinance would have
no practical effect on her property.
In response to a question from Chairman Lucht regarding sign regulations, the
Secretary stated that they were left out because signs are not really visible from
the river anyway and will not be so under the existing Sign Ordinance.
ACTION RECOMMENDING APPROVAL OF CRITICAL AREA ORDINANCE
Motion by Commissioner N,anson seconded by Commissioner Malecki to recommend
adoption of the Critical Area Ordinance as drafted.by staff. Voting in favor:
6 -28 -84 -2-
Chairman Lucht, Commissioners Malecki, Simmons, Manson, Ainas, Sandstrom and
Nelson. Voting against: none. The motion passed.
b. Upper Twin Lake Residential Inventory
The Secretary then briefly introduced an inventory of residences along the east and
north side of Upper Twin Lake in Brooklyn Center. He stated that the inventory was
an outgrowth of concerns about the number of possible two family dwellings in this
area of the City. He noted that the inventory does not seem to indicate very many
two - family dwellings, but that there is evidence that a number of possible
conversions could take place in this area.
The Planning Assistant then showed two maps, prepared by the Assessing Department,
showing all of the dwellings in the City which have walkouts and another showing all
of the dwellings in the City with two kitchens. The Planning Assistant pointed out
that the definition of a kitchen has been upgraded by the Assessor in the past two
years so that a number of homes which have "accessory" kitchens were considered to
have two kitchens in the past, but now are only considered to have one kitchen. He
noted, therefore, that the map and the inventory to some extent understate the
presence of potential second dwelling units. The Secretary explained that the
definition of a kitchen is different for the Assessor than it is for the Planning and
Inspection Department which looks at a kitchen under the Housing Maintenance and
Occupancy Ordinance requirements.
Commissioner Simmons asked what the inventory was supposed to tell the Commission.
The Planning Assistant explained that the Commission had studied very briefly the
idea of zoning land adjacent to Twin Lake to R2 a month previously. He stated that
the inventory was to develop a justificiation for either rezoning or not rezoning
the land to R2. . He stated that the area around Twin Lake does not appear to have a
predominance of two - family dwellings and that an R2 zoning would not be justified on
the basis of the inventory. He noted, however, the presence of a number of walkouts
in the inventory and pointed out that this type of dwelling offers a second entrance
which is usually necessary for two - family dwellings. The Secretary briefly
discussed the definition of a second dwelling unit and distinguished a dwelling unit
from a sleeping room which has no separate kitchen or separate access. He did point
out that sleeping rooms must have proper means of egress.
There followed a discussion of the purpose of establishing the R2 zone in 1968. The
Planning Assistant stated that one concern was obviously to prevent the
proliferation of two - family dwellings throughout all Rl zoned areas of the City. The
Secretary added that another purpose was to encourage the consolidation of small
lots in the southeast portion of the City to be used for two - family dwellings. It
was noted that this policy objective failed to be realized and that in 1976 the City
formally recognized these substandard lots as buildable separately. The Planning
Assistant also pointed out that a by- product of creating the R2 zone was to make two -
family dwellings in the R1 zone nonconforming uses and subject to all of the
provisions of Section 35 -111 of the Zoning Ordinance.
Commissioner Sandstrom stated that he could see some advantages to rezoning the area
near Twin Lake. Commissioner Simmons stated that single - family residences in the
area would pay for a less restrictive zoning. The Secretary stated that most people
do not have a problem with an owner, in his dwelling, renting out an accessory unit to
someone else. The problem arises, he said, when new owners come in and rent out both
units to nonowners. He stated that he was expecting to find a compact area of
duplexes around Twin Lake that could logically be rezoned to R2. This, however,
6 -28 -84 -3-
does not appear to be the case. He noted that the walkouts and two kitchen
residences in the City are spread out and not concentrated. He stated there was no
way that a small area of the City could be rezoned to R2 and confine the problem to
that area. The alternative, he said, may be to do away with the Rl zone altogether
and to allow two - family dwellings throughout the entire City.
The Planning Assistant stated that it was very difficult to monitor the conversion
of interior space to a second dwelling unit. He noted that changes can take place
gradually which, in the end, create the situation where a two - family dwelling may
exist. He also pointed out that the demographic profile of Brooklyn Center was
moving toward an older population of empty- nesters who might wish to rent out some of
their excess space to single people or young couples. This, he noted, would be
another impetus to convert areas for second dwelling units.
There followed a lengthy discussion regarding what the City's response to
conversion for second units should be. The Secretary discussed the possibility of
licensing no more than one unit per property in the Rl zoning district. (This would
mean that a single dwelling could be rented out, but that a second dwelling unit
could only be rented out if the owner were present) . The Secretary stated that this
might fly in the face of normal zoning law, but that under licensing law, licenses
are looked at as privileges not rights.
Commissioner Sandstrom asked the staff to look into what other cities have done
regarding the issue of accessory apartments. There followed further discussion
regarding the subject of accessory apartments and how or whether to legalize them.
The Secretary recommended against handling such units through a special use permit
procedure. Chairman Lucht and Commissioner Ainas suggested considering a license
arrangement.
ADJOURNMENT
Following a brief discussion of upcoming business items, there was a motion by
Commissioner Ainas seconded by Commissioner Simmons to adjourn the meeting of the
Planning Commission. The motion passed unanimously. The Planning Commission
adjourned at 9:14 p.m.
Chairman
6 -28 -84 -4- •
Planning Commission Information Sheet
Application No. 84022
Applicant: Maranatha Nursing Home
Location: 5401 69th Avenue North
Request: Extension of Special Use
The applicant requests an extension of the special use permit approved on June 27,
1983 for a garage addition and an office addition at the Maranatha Nursing Home
at 5401 69th Avenue North. The property in question is zoned R1 and is bounded
on the north by 69th Avenue North, on the east and south by single- family homes,
and on the west by a three- storey apartment complex in Brooklyn Park. The nursing
home is acknowledged in the R1 zone under the category of noncommercial uses
required for the public welfare in an R1 district.
We will not review the details of the proposal here, but would refer the Commission
to the minutes and staff report for the original application (attached). The
major concerns with the original application were: 1) deferral of 11 parking
spaces 2) fire protection of the building and 3) a proposed mansard treatment
around part, rather than all of the building. There may be a major addition
to the building in the next two to.three years and consideration of extending
the mansard should be taken up at that time. We would recommend, with respect
to parking deferral, a condition requiring the applicant to state in writing
his willingness to install parking to meet ordinance requirements if the need
for such parking were determined by the City to exist.
With respect to fire protection, the applicant has complied with Condition No. 2
of the original approval to install smoke detectors in all sleeping rooms. The
delay in construction of this project has occurred over the determination by the
State Building Codes Division that any addition to the building must be equipped
with a fire sprinkler system. As the Commission may be aware, building plans for
all institutional uses, including nursing homes must be reviewed by the State.
The State Building Codes Division has advised the City that any addition to the
nursing home should be fire sprinklered and that the entire building should be
fire sprinklered at the time of a major building addition. In the meantime, the
existing building should be divided into three smaller areas by the construction
of fire walls at certain locations in the building. It is the City's responsi-
bility to enforce the Building Code. Staff have taken the determination of the
State and applied it to the proposed project. The applicant has not yet decided
whether to proceed, given the requirement for fire sprinkling. In the meantime,
he seeks an extension of the original approval.
Based on the foregoing, staff recommend approval of the requested extension with
the following conditions to be applied to the special use permit:
1. Building plans are subject to review and approval by the Building
Official with respect to applicable codes prior to the issuance of
permits.
2. The addition to the building shall be equipped with an automatic
fire extinguishing system in accordance with NFPA standards and
two fire walls shall be constructed within the existing building
at locations prescribed by the Building Official.
3. The applicant shall submit in writing prior to the issuance of
permits, a statement agreeing to provide parking spaces in
accordance with ordinance standards upon a determination by the
City that full ordinance- required parking is needed.
6 -28 -84
MEMORANDUM
TO: Gerald G. Splinter, City Manager
FROM: Brad Hoffman, Administrative Assistant
DATE: July 6, 1984
SUBJECT: Byerly Village Center Project IRB
Before the Council Monday night, will be a request from Ryan Construction for
an Industrial Revenue Bond to finance the construction of a 33,000 square foot
retail center adjacent to the Byerly's store. The request is for $2,900,000
in the exempt bonding.
The application before the Council is in its proper form and publication of
the notice for the public hearing was on June 21. It is anticipated that the
project will generate 60 new jobs in Brooklyn Center.
The project, as proposed, is consistent with the comprehensive plan and the
City's general guidelines for issuing IRB's. Based upon the current guidelines,
the staff recommendation would be for approval.
You should note that under the new federal tax bill, Brooklyn Center would be
limited to $7,060,000 in IRB's annually. The Ryan application would use part
of that allocation,. Also, this application represents the first request for
an IRB that was not in process prior to the current Council make -up. If the
Council desires a change in guidelines for IRB's, this would be an appropriate
time to discuss the City's policy for issuing them. This is especially true
with the new limitations on the City's ability to issue IRB's.
Brooklyn Center Industrial Development Bond Review Guidelines
*he City of Brooklyn Center, by virtue of Minnesota Industrial Development
Act, Chapter 474, Minnesota Statutes, has been granted the power to issue
revenue bonds, referred to as industrial development bonds. Brooklyn Center
has expressed its support for the use of such bonds, but reserves the right
to approve or reject projects on a case -by -case basis. The following shall
serve as a guideline for the City of Brooklyn Center in the issuance of
industrial revenue bonds or mortgages and shall serve as a guideline for
developers seeking City approval.
I. The City of Brooklyn Center will not issue industrial development
bonds merely to assure the rapid development of the City's un-
developed properties.
2. It is the City's intent to issue industrial revenue bonds in order
to promote, attract, and encourage the development of economically
. sound commerce.
3. Industrial development bonds will be issued to preserve and develop
an adequate tax base to finance necessary public services and to
encourage employment opportunities for the citizens of Brooklyn
Center.
4. Emphasis will be given to the redevelopment of blighted areas in
conjunction with the City's Comprehensive Plan.
5. It is the i... I: : of the ::ity of Bcc)ok�yn Center to s xz, 'L;
opinion of t. City Council, "quality" development projects.
6. Neither the property owner nor the applicant shall have any out-
standing taxes or assessment delinquencies in the City of Brooklyn
Center at any time during the previous twelve (12) months.
7. The applicant must demonstrate conclusively, and the Council must
concur, that the project is in compliance with the City's Compre-
hensive Plan and all other existing codes.
8... The Council shall give preference to private placements of tax -
exempt financings, but will in a proper case consider applications
involving the issuance of the bonds for private or public sale.
9. Industrial - development bonds authorized by the City of Brooklyn
Center must be placed within twelve (12) months of the City
Council's approval.
10. If the applicant is a governmental or governmentally sponsored
organization, the project must:
a. be in compliance with the City's Comprehensive Guide Plan and
other existing codes;
b. The applicant must demonstrate, and the Council must concur,
that the project has specific benefit to the citizens of
Brooklyn Center.
. -2-
11. The applicant must meet all requirements established by State
Statutes for industrial revenue bonds. In addition, the project
must be of the type which the City wishes to attract or an existing
business in the City the City would desire to expand. Desirability
shall be measured in terms of:
a. significant number of full time jobs for the City;
b. the project shall not contribute, in the Council's opinion,
to increased traffic volumes detrimental to adjacent land uses
or other detrimental side effects;
C. the retention of employment which might otherwise leave the
community;
d. the project will have a sustaining, long -term value to
- Brooklyn Center.
12. Brooklyn Center will not approve any Industrial Development Bond
application until a site and building plan has been approved by
the City Council.
In order to meet the requirements of this policy, it will be required that
industrial revenue bond applicants and prospective developers provide the
following;
1. The applicant shall select qualified financial consultants and /or
underwriters as well as legal counsel to prepare all necessary
Coc.umen'Ls and materials. The application shall he acconnnani e ?-y
the applicant's letter of intent and the financial analysis by the
underwriter regarding the economic soundness of the applicant as
well as the financial consultant underwriter opinion regarding the
financial strength of the applicant, the feasibility of the project
and ability to sell the bonds.
2. The applicant shall furnish a description of the project, a prelim-
inary site and building plan, a definitive description of the project
and proposed financing in such form as shall be required at the
time of application.
3. The applicant shall not commence any part of the construction of the
project until the City has approved the application for financing.
4. The applicant must submit the request on the forms provided by the
City of Brooklyn Center and submit written documentation of the
applicant's compliance with the requirements of Brooklyn Center's
Industrial Development Bond Policy including Brooklyn Center's
Comprehensive Plan. In addition, the applicant must agree to pay
for any fiscal, legal or any other City Council approved costs
incurred in analyzing or processing the application. At the time
of application, the applicant must pay $2,000 to cover expenses
associated with the City's review and processing of the application.
Legal fees incurred by the City of Brooklyn Center will be billed
separately and are not included in the $2,000 application fee.
s
Member introduced the following resolution and moved its
adoption:
s RESOLUTION NO.
RESOLUTION DETERMINING TO PROCEED WITH A PROJECT AND ITS FINANCING UNDER
THE MINNESOTA ?MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; REFERRING THE
PROPOSAL TO THE MINNESOTA ENERGY AND ECONOMIC DEVELOPMENT AUTHORITY FOR
APPROVAL AND AUTHORIZING PREPARATION OF NECESSARY DO C U MENTS
BE IT RESOLVED by the City Council of the City of Brooklyn Center,
Minnesota (the City) as follows:
Section 1. Recitals and Findings.
1.1 . This Council has received a proposal that the City finance a portion
or all of the cost of a proposed project under Minnesota Statutes, Chapter 474 (the
Act), consisting of the acquisition of land and the construction and equipping
thereon of a 33,000 square foot retail shopping center in the City (the Project) by
Byerly Village Center, a Minnesota limited partnership whose general partner will
be Ryan Construction Company of Minnesota, Inc., or a related party (the Borrower).
The Project is located at Shingle Creek Parkway and John Martin Drive in the City.
1.2. At a public hearing, duly noticed and held on July , 1984, in
�._ accordance with the Act, on the proposal to undertake and finance the Project, all
parties who appeared at the hearing were given an opportunity to express their views
f 41* with respect to the proposal to undertake and finance the Project. Based on the
- public hearing and such other facts and circumstances as this Council deems
relevant, this Council hereby finds, determines and declares as follows:
(a) The welfare of the State of Minnesota requires active promotion,
attraction, encouragement and development of economically sound industry and
commerce through governmental acts to prevent, so far as possible, emergence of
blighted lands and areas of chronic unemployment, and the State of Minnesota has
encouraged local government units to act to prevent such economic deterioration.
(b) The Project would further the general purposes contemplated and
described in Section 474.01 of the Act.
(c) The existence of the Project would add to the tax base of the City, the
County and School District in which the Project is located and would provide
increased opportunities for employment for residents of the City and surrounding
area.
(d) This Council has been advised by the Borrower that conventional,
commercial financing to pay the cost of the Project is available only on a limited
basis and at such high costs of borrowing that the economic feasibility of operating
the Project would be significantly reduced, but that with the aid of municipal
borrowing, and its resulting lower borrowing cost, the Project is economically more
feasible.
RESOLUTION NO.
-,, (e) This Council has also been advised by the Borrower that on the basis
of its discussions with potential buyers of tax- exempt bonds, revenue bonds of the
City (which may be in the form of a commercial development revenue note or notes)
could be issued and sold upon favorable rates and terms to finance the Project.
(f) The City is authorized by the Act to issue its revenue bonds to
finance capital projects consisting of properties used and useful in connection
with a revenue producing enterprise, such as that of the Borrower, and the issuance
of the bonds by the City would be a substantial inducement to the Borrower to
acquire, construct and equip the Project.
Section 2. Approvals and Authorizations.
2.1. On the basis of the information given the City to date, it appears
that it would be desirable for the City to issue its revenue bonds under the
provisions of the Act, in one or more series, to finance the Project in the estimated
total amount of $2,900,000.
2.2. The Council hereby determines to proceed with the project and its
financing, and hereby declares its present intent to have the City issue its revenue
bonds under the Act to finance the Project, subject to the approval of the Project by
the Minnesota Energy and Economic Development Authority. Notwithstanding the
foregoing, however, the adoption of this resolution shall not be deemed to establish
a legal obligation on the part of the City or this Council to issue or to cause the
issuance of such revenue bonds. All details of such revenue bond issue and the
provisions for payment thereof shall be subject to the mutual agreement of this
7 F� Council, the Borrower and the purchaser or purchasers of the revenue bonds and such
further conditions as the City may specify, such agreement and specification on the
part of the City to be evidenced by a resolution of this Council authorizing the
issuance of the revenue bonds on the terms and conditions agreed upon and
authorizing the execution of necessary documents. In all events, it is understood
that the revenue bonds shall not constitute a charge, lien or encumbrance, legal or
equitable, upon any property of the City except the revenues pledged to payment of
such revenue bonds, and each bond, when, as and if issued, shall recite in substance
that the bond, including interest thereon, is payable solely from the revenues
received from the Project and any property pledged to the payment thereof and shall
not constitute a debt of the City within the meaning of any constitutional,
statutory or charter limitation.
2.3. The application to the Minnesota Energy and Economic Development
Authority, with attachments, is hereby approved, and the Mayor and City Manager are
authorized to execute said documents in behalf of the City.
2.4. If the bonds are issued and sold, the City will enter into a lease,
sale or loan agreement or similar agreement satisfying the requirements of the Act,
(the Revenue Agreement) with the Borrower. The lease rentals, installment sale
payments, loan payments or other amounts payable by the Borrower to the City under
the Revenue Agreement shall be sufficient to pay the principal, interest and
redemption premium, if any, on the bonds as and when the same shall become due and
f. payable
RESOLUTION NO.
2.5. All commitments of the City expressed herein are subject to the
condition that within twelve months from the date of adoption of this resolution the
City and the Borrower shall have agreed to mutually acceptable terms and conditions
-y of the Revenue Agreement, the revenue bonds and of the other instruments and
proceedings relating to the revenue bonds, and their issuance and sale.
2.6. If the events set forth herein do not take place within the time set
forth above or any extension thereof and the revenue bonds are not sold within such
time, this resolution shall expire and be of no further force or effect. The
Borrower has agreed and it is hereby determin,2d that any and all direct and indirect
costs incurred by the City in connection with the Project, whether or not the Project
is carried to completion, and whether or not approved by the Energy and Economic
Development Authority, and whether or not the City by resolution authorizes the
issuance of the bonds, will be paid by the Borrower upon request.
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member , and upon vote being taken thereon, the following
voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
rd
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION DETERMINING TO PROCEED WITH A PROJECT AND ITS FINANCING UNDER
THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; REFERRING THE
PROPOSAL TO THE MINNESOTA ENERGY AND ECONOMIC DEVELOPMENT AUTHORITY FOR
APPROVAL AND AUTHORIZING PREPARATION OF NECESSARY D OCUMENTS
BE IT RESOLVED by the City Council of the City of Brooklyn Center,
Minnesota (the City) as follows:
Section 1. Recitals and Findings.
1.1. This Council has received a proposal that the City finance a portion
or all of the cost of a proposed project under Minnesota Statutes, Chapter 474 (the
Act), consisting of the acquisition of land and the construction and equipping
thereon of a 33,000 square foot retail shopping center in the City (the Project) by
Byerly Village Center, a Minnesota limited partnership whose general partner will
be Ryan Construction Company of Minnesota, Inc., or a related party (the Borrower).
The Project is located at Shingle Creek Parkway and John Martin Drive in the City.
1.2. At a public hearing, duly noticed and held on July , 1984, in
accordance with the Act, on the proposal to undertake and finance the Project, all
parties who appeared at the hearing were given an opportunity to express their views
• with respect to the proposal to undertake and finance the Project. Based on the
public hearing and such other facts and circumstances as this Council deems
relevant, this Council hereby finds, determines and declares as follows:
(a) The welfare of the State of Minnesota requires active promotion,
attraction, encouragement and development of economically sound industry and
commerce through governmental acts to prevent, so far as possible, emergence of
blighted lands and areas of chronic unemployment, and the State of Minnesota has
encouraged local government units to act to prevent such economic deterioration.
(b) The Project would further the general purposes contemplated and
described in Section 474.01 of the Act.
(c) The existence of the Project would add to the tax base of the City, the
County and School District in which the Project is located and would provide
increased opportunities for employment for residents of the City and surrounding
area.
(d) This Council has been advised by the Borrower that conventional,
commercial financing to pay the cost of the Project is available only on a limited
basis and at such high costs of borrowing that the economic feasibility of operating
the Project would be significantly reduced, but that with the aid of municipal
borrowing, and its resulting lower borrowing cost, the Project is economically more
feasible.
• RESOLUTION NO.
(e) This Council has also been advised by the Borrower that on the basis
• of its discussions with potential buyers of tax - exempt bonds, revenue bonds of the
City (which may be in the form of a commercial development revenue note or notes)
could be issued and sold upon favorable rates and terms to finance the Project.
(f) The City is authorized by the Act to issue its revenue bonds to
finance capital projects consisting of properties used and useful in connection
with a revenue producing enterprise, such as that of the Borrower, and the issuance
of the bonds by the City would be a substantial inducement to the Borrower to
acquire, construct and equip the Project.
Section 2. Approvals and Authorizations.
2.1. On the basis of the information given the City to date, it appears
that it would be desirable for the City to issue its revenue bonds under the
provisions of the Act, in one or more series, to finance the Project in the estimated
total amount of $2,900,000.
2.2. The Council hereby determines to proceed with the project and its
financing, and hereby declares its present intent to have the City issue its revenue
bonds under the Act to finance the Project, subject to the approval of the Project by
the Minnesota Energy and Economic Development Authority. Notwithstanding the
foregoing, however, the adoption of this resolution shall not be deemed to establish
a legal obligation on the part of the City or this Council to issue or to cause the
issuance of such revenue bonds. All details of such revenue bond issue and the
provisions for payment thereof shall be subject to the mutual agreement of this
• Council, the Borrower and the purchaser or purchasers of the revenue bonds and such
further conditions as the City may specify, such agreement and specification on the
part of the City to be evidenced by a resolution of this Council authorizing the
issuance of the revenue bonds on the terms and conditions agreed upon and
authorizing the execution of necessary documents. In all events, it is understood
that the revenue bonds shall not constitute a charge, lien or encumbrance, legal or
equitable, upon any property of the City except the revenues pledged to payment of
such revenue bonds, and each bond, when, as and if issued, shall recite in substance
that the bond, including interest thereon, is payable solely from the revenues
received from the Project and an property pledged to the payment thereof and shall
J YP p YP g P Ym
not constitute a debt of the City within the meaning of any constitutional,
statutory or charter limitation.
2.3. The application to the Minnesota Energy and Economic Development
Authority, with attachments, is hereby approved, and the Mayor and City Manager are
authorized to execute said documents in behalf of the City.
2.4. If the bonds are issued and sold, the City will enter into a lease,
sale or loan agreement or similar agreement satisfying the requirements of the Act,
(the Revenue Agreement) with the Borrower. The lease rentals, installment sale
payments, loan payments or other amounts payable by the Borrower to the City u nder
the Revenue Agreement shall be sufficient to pay the principal, interest and
redemption premium, if any, on the bonds as and when the same shall become due and
d _ ., payable.
+ RESOLUTION NO.
2.5. All commitments of the City expressed herein are subject to the
condition that within twelve months from the date of adoption of this resolution the
City and the Borrower shall have agreed to mutually acceptable terms and conditions
of the Revenue Agreement, the revenue bonds and. of the other instruments and
proceedings relating to the revenue bonds, and their issuance and sale.
2.6. If the events set forth herein do not take place within the time set
forth above or any extension thereof and the revenue bonds are not sold within such
time, this resolution shall expire and be of no further force or effect. The
Borrower has agreed and it is hereby determined that any and all direct and indirect
costs incurred by the City in connection with the Project, whether or not the Project
is carried to completion, and whether or not approved by the Energy and Economic
Development Authority, and whether or not the City by resolution authorizes the
issuance of the bonds, will be paid by the Borrower upon request.
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member , and upon vote being taken thereon, the following
voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
l
CITY OF CENTER
Notice is hereby given that a public hearing will be held on the
9th day of Ju _ at 8:00 p.m. at the City Hall,
6301 Shingle Creek Parkway, to consider an An Ordinance Repealing
Chapter 8 of the City Ordinances Relating to Food Sanitation and
Adopting a New Food Sanitation Code.
ORD NO.
AN ORDINANCE REPEALING CHAPTER 8 OF THE CITY ORDINANCES RELATING
T FOO SANI A ADOPTING A NEW FOOD SANI CODE
THE CITY COUNCIL OF THE CITY OF BROOKLYN CE14TER DOES ORDAIN AS
FOLLOWS:
Section I:
Section 1. Chapter 8, Food Sanitation Code, of the Brooklyn
Center City Ordinances is hereby repealed.
SECTION II: Chapter 8 Food Sanitation Code, is hereby adopted
by adding the underlined material:
Section 1. Hennepin County Ordinance No. 3, Food Protection
Ordinance for 11ennelpin Coun.- ty, i h '- - r eby adopted by refe and
shall be a part of this Ordinance `;s if set out in Hill, except
Seection !I, Sco a, Section IV L? cen p :nd Admini trat_o f; Section
E _
V, Administrati and .inspection, Lubuiylslon 1; and Section - VI,
F ood Source: and S ����' `•,T' rl 1 } e 1 1 r � fps —es
�,t i ^ i J t. I :-' O� S 1. L� L J
i n Ordi u Il ,,,`t, ' II O • L, T - 1-e ii
nc.nCt No . 3 t� " Co u n t y , ilty 11 11 CO , Bo rC = t���:lt. c.t�'hOri�'
sha11 be recd to of °_� tc the C; y O { BroO
kl'` "
7 ;1 CeictE'r i ts Clt
Council, and its Sanitari '1- Health Department ` or Oti1 °_r designated
agent.
Section 2. For the nur-.)o, ^e of t Ordinance, the following
te rms shall have the r,ieanin:.s c7iven t o ther:.
Subd. 1. "Social or service agency" sh mean c` ny_ orga..
zation not orc anized for profit and not , :part of the net earnings
of which inures to the benefit of any private shareholder or
indivi dt a 1 .
Subd. 2. "Quality Assu Plan" shall clean a written
plan for the prevention of food bcrr° includes a
self - inspection prooram. This plan s .all meet the crite iF: of
Th ,1 i 4 of Minneso Extensio i e r
_ �n v n .L =rV c Special Report t; o� ,
which is hereby- incorporated and miade a part of this Ordinance as
i f set out in full.
Section 3. Licenses.
Subd. 1. Licenses Recuir, Cd. No person shall ct,erate a
food establishme or enc i_n ti'i_' L --usine:ss of ope any of
the following _ty2e; s of ente.rp s S.ithln the cOrporate limits of
this a for the current year of the
I I have
. a PjAicz,r)Ic tvre (`c. and lis' below s! ."I
�61- ori from the Clerk:
obtain .1 -o
vehicic
Caterinc j_nnd vehicle
Food
Itinerant - LGX)6 est:ablishinent
ior) vehicle
Vendinq i-L ichine vendor.
S p ec i a l o C) - _n i n
Subd. 2. Exemption from Second License. Where the
business consist only of a bar(-_ry food vehicle, catering food
VCjj4_Cl(.-., itinerant food eE�tabiisl reacilv-perishable
vehicle, or v(.ndjnq iachine, a feod establishment license shall
not he re �lddition.
Subd. 3. Readily - perishable Food Vehicle Fleet
License. Wh more ' than five re'ac -perishable -
. food vehicles
are operate
7 L�
', he same ne in t`ie same business 4 n ` Cilv,
he may obtain a fleet license the�Lor_- in lieu of a separate
License for each ve-1 such Meet license is suspended or
revoked, such susL�ension or revocal-ion shicti-I ai-fect,p-very vehicle
licensed thel-elin(Jer
Sub6. 4. ~ ` Special food Handling License. When the only
food sold or o. for sa in 3 `ood estabjAshment J_s wrapped
or
_pacI:ac, cz-: or bo` - e or canned soy 1, drinks, a m ood
establishi license shall not- IDe require-d; however a special
food handlinij license shall be rect
Subd. 5. Display of License. Such licen,,e shall be
conspicuously d_ i splayed &t all times in all licensed food
, 1 7� " f- -� c Shall be i(ft,�n with a
establis' .-cd veicles s
.
decal, Licenso. or otner iiivrans suopliec._ b the Clerk
��d in a consiDicuous 1:,lace thoreon ct( b` the Clerk.
Section 4. _�C Exemptions, License Required. Food service
-I , IVISIO!"S
in. or operated hv charitable insti
tutions, 1 110"A'Ses C. 1: V" 0 1_ S I IIiP,_ chi scnools, chari-table
and Zion -nrol:it 'hosni,tais, i licocl establishments (:)1,Derated
br a soc or service. ciqenc%y - 'inio coftee rooms shall be
requirod to apQ1v for anI oht, iicense a — Shall be subject
. I
to all of this orciii Lut. shall not ' ed a
fee for suc, -Lic" nst
Section 5. LIce-lise Fee. Fees for licenses issiied hereunder
shall be in the z set I' -Ii Hie (_owicitl from time. to time
for
Fooa Vell _ci.e , lood Estab-
i,oaci 1 1, 0 P'o o d
Vehicle..,, VenC13 Yachiiio. Food 11, Licenses.
Section 6. Ad Tni_nistr_ati_c . n. The — applicati on for su ch
licen , Jlilil fi Tna (ic (,) � r �, _ i t ..rnir ll� .t1 t - ,v Cri Clerk, and sha
scat #_orth the c v, ( , rai na ur ,�i t }, : , u :, j,1) �ss tihe location z�rici
such other intor dt.ion a. thC_' C. ( 1`. - ilc.l j.I rc re
Section 7. Tem, , nr.a ry St. smonsi.o y,. L Tha health
Authorit .'Iiti1
s uspend t C' liCC'ii: o a?r ✓ t_ coC. _ :S�' llt,'Ti fo the vlolatlon
of any te rms or t his s( cti 1. :such options constitute an
ilsun inent public hoal I '. Ur , c)n nr - iiir_c;t _ion by the health
A uthority of a
susnp-:nsior, 01 license, the licensee
sh iortll with r case_ oi -) r_ at The- licensee may anneal the
t susnen i n writ:. r. c; to the Ci Council. tpon
notifica in w ritiilcr IDv t1he license t o the Healt:l M- ithori
that aEl.l tri Ole t .O nC 27ayc-, CC'e ('Orr( Ctc,Ci i02" w hich tc'm"Dora
s us p ensi o n was ii , t;:e }iea =i_ A uthorit y shall reinspect the
fo(-)d estF.i:lishPment wirh7.n a r P - c , oi1 perioa c% time. if a ll
Violati Cns - r a ,C'1e
c _utir� t r. - o � �; .or ,e �e.I ;� cr�.ry s�. � pecan
ha 1Deen corrected, t e Fealti :uthorit s ir;.,e d late I
termina the su The riealth A utho ri.� cy and the City
Manager nay not suspend a l i.Ce - i se i th v i o l a tion or y4i- o l ations
which constitu an im linent T�) ubli c heath hazard can be •
eliminated or removed by embargo or condcmanation.
Se 8. T.n and Correction. Transport or Sale,
Noise Prohibited ='.'o L AC- �rsoli 11C .nS;'Ci unrz this ordinance, shall
ca attention to his : or } S�goods, ;-Cares or In r Ct :n'
dise, by cr the o at, by bl a horn or by any loud or
unusual noise.
Section 9. Food Sources. All food in all food establish-
ments shall be cl whole free from spoilage,
adultera anC mi sb ra - r- ctin a t id Sfa;? be pre proces
handled, p acka3C' ed , trans7 � store so as to be nrotect
from COn v ami nation and be saf for hul ;lan
Coll sURI ticii v o lime ''r ,, )are(' -`r S F -? �s any
l.� OC.:S !fall Kt t or u se d in TV
.
fo od establishm excec t - l flome prepared 1 -oOCs other th
-J 1 she_ �iL i v0 S ITI ii'• t: e-r ' o
readily d �, t o� used in s;,..t` ?l� and
houses of �tiorshiu an by s C r service'- ac?c at itinerant
food estabiis nts. No I th an th <e itincl "anr- food est
l ishmen t licenses author the sa of hoI prCpared foo
Sh all b e issued to a SOC =t.c l OT" :':? V 1C? agency in anv CalP
'eat . All Tood recei o- useC in al food c,st shall
be f sources a T t t
.e Healt Au. - iority.
Section 10. Vendinq Machines.
Sub 1.. rash ven mach 11 tinder this
Ordinance shall be constructed and plaint. pined as lollows:
a. E ach I11ac:h s hal l br _f illnd only with
wholesom ingrodi vh '21 and packa� ,Tt-d
und dul %,iry condition an to t lti (? 1I'-chlne In
s anitary contai s of -`relic 1 es .
h
-3-
OP.i)iltiANCE NO.
b. T ownc or cr)erator of a ll such
vend m achines !;hall WhC'ney(. y) oyl` ion for
the fl _ - 11 Authori to h;lvt. 2cc" ; , e' ' i 1 _II Co2u0 V with an.
enl �1Q� �cz Qr. o th�x,�i.;c, to t � .nt_cr_ for o
all vending machin
._ _.._ _ —
o 2(2rat(.d by him.
C. Every licens,::e sh =a keep and main tain
each v ending machine in a clean, :.izole o <<_s �nci sanitary condition
at all times.
d. Each machine must be so design as to
prot agai infestatio o% inn( ?cts, yErm rodents, and to
protect a(?ainst: the entrance o}: 6-List, Gir rain, overhea
leakage, or other so urces oL cont_ mina - ..on, and shall be so
cons and O�:) e,rateu as not to CT° +Y'_' a r ncxrboracTe.
Th rlach location shall such as tQ the poter
for o� t , a ligh
oy' , -ell light Ci ea
or con
c leanab l e, an the St„ t, : nc`1 ,' `s ict. he .J i<<al.ntc,inud as nQ
create an unsanitary or unsightly ccnciiti:;n.
e. Each Machine shall be sa desirr_ed that
it may be readily cleaned. 'fn"? %.:a l 1S =oors, Ceiling, covers
lids and Other x)hvs? Cal feat-,--es small he of such construction as
to withstand repeated cleaning.
f. All interior surfaces and componen
parts of the vendincr mGctli.n` sh ant i_, so cesi.cYr_eci and colsstr
c?.s to be � "ec Cl ' .y ci eaned ? It 7 ! o r �o l e t.Qr C leanina
oiler ions, and shall be k (-', T, i C-1e / _ food contact surfaces
or t 7 acne C r i l� ti o
_ ir:� .hall b noc , r : �n -tQ�� i ti �r1se �e � r in
combination With food corrc s lo res= _.tom:: ?t, a nd re- ' Latiyely
no - absorbent material, a na of wit1istan(
r epeated cleaning and sanitizing }L-y normal procedures.
g. Each vendi_nn Lachine shall be _s
constructed that it m y_ be oT�encd and all n arts thereof made
available for inspection purposes by the L 'ealth Aut
h. Each vend mach that mends a can to
rece food from such machine have -t-he di opening
� prot= eCtc'd from dust and irsoci in-ation by me -,ns of a manual
or mech ni_ cal opening device.
i. The temperature of all vending machines
w hich d perishab untrozen z si,a ll. be m at a
tem peratur e oi_ 40 degrees F. , or bolow, or 150 c;egrees F. , or
above w is auplicable. P iere ~ cozen food is tieing
vended, the tei erat.url sj, L J1 1
,�.il trc n ir. -���� t `� c.ec,r.ees, F., or
belo at call ti2ne , ; 1�rc�vicaeci t c <ee ?t _c�:s nay b e Ir1Ce or (,a)
th i` aC%ll til, ;C' 1:cC to t o:iC: o 1: ±t;t rl i`:l' :E'1"v tI7;? laaf ;li.I1C
an %or a _2;1;a;i LPil1'11 i ^ � L iii1C - Ci of _yi1� mia'. olli;;
CUI:?� C?1 I lnc.( C„ t` 2'v, . iI, Ci (b) 21 tho C'zlse
of 11o t o O tt y onci i nt lh a `;� � t , � a 1 "la i! ' c ol 0 i t, inu to S +:.o Beat
food t:}ltou, the 40 P. to -1 C�C,gre? F'. h ? .one .
1
- 4-
ORDI:h.2tCE h0.
In h fo ven di.nr m hi nns whi ar not grit Pped w ith
rcf:ii r.� It�yci st c�r.�gr , thcrc :lo I�f no L imr.�c3c�l av to nrecl -iide
h� c, C�I_i }) .lnC app i _r'.d t0 Ty r r1 „ 1'.t� Les YoO�� l I after' fit
is lo a�C �.c or p ierce d in ti c. rr'!Chinc�, E r i : >h r)l fool o nce h r> a ted
t C) or h c' i r1 U C: O L� P () 6 T � Y -- _ O r ,,
_T - l: c eN.,
__.` �. � _ above �ha-l.� re
ma irltaineci at such tE.mr)er.aturc u ;f,rved Or discarded..
j . Ve machines d s nensi n ca ishable
food shall be provi with adec ref rioe ration or i heatin_q
�._
un or both, a rld t'' "1CrI: OStr t�C CC ntr0�_ w h ich ensure the
m.Ii.nt I;ai1Ce or at;r)li
cab le t era i: r e s f.,. �_ t a I I u
tn u
es, Sch
v cjidintl m s i:E a ls o i11 ye Contro.L — which preven the
mFIcnine from yFenc'.inq Perishabl to ol un se rviced by the
op.`',rator in tf,e e% O L p o ":J fc"!._ . t ?re or u t.:.er condition ; ii—i ch
results in non- CC -I:nl dnCe 4, i7 �;.m1 :ercl�UrE rquireraents iI. the
fo od StOr qe C CJ it ?art Ent. - oCd vC'. ^.G1nQ 11l: ci lli7 c 'S C1F.'.SlUn 'd t0
heat =00d tnrGUgl1 the 4(? 7 i c2 — OE,, . to 1 decIree F. temperature
rang Sllc it also be ea.
uinped. � c r, „,Chic cbn . rende the
r.achir 7 il - _ - )Ie of ver.ciirlCT p.er_ i si ab le food until serviced b
the Op -.r i_.cr ?_n_ th event th hteati throuffh this temperature
"r ange is _ �ncr co 1_ shed in 1?_ m t- 1cs
C �ntl _es Or s
Perishable food whic h as Nailed to conform
to th time - temperat reauir %Tl el-i':' of th sect shill be
rer vCd - from t — h e ijte ]C m, ,cn in ?F -n not". i r.a .0 W lable for a -_e
unless inspected an approv 1 I:ealth f ' L h c r i t v a Scit:c for
h uman cons Lion. —
l man urIs ) I' n�7i I_Q :q ties Ish�IJD_e loud
shall — be prOV ?_ With One or th _,er whiC 2, tC> an
accuracy of p lus Or minus 2 degrce_s F., i - n a
dic tes the 'r
tempera of the warmest part o the re.iricf e_�rated . S L ..) ca r r � C` t
�
colnpart_ or t he coldest part of tile_ he food storage
compartlLient, wliicnever is applicabl
Subd. 2. Water Supply. All wat used in vending
mac shall be d fr a s afe w ate r sun Ve.ldJ- n c7
macIn shall be So designe const l ns tallect an(!
0 3�erat as to prevent - the producti o t Su1)�ItanCes in
the E,':'t o r the Lack -sa lei ?onage of liqui'us or gases into the
sum line.
Subd. 3. Identification. Each vending machine shall
have posted thereon a l a:,e1. or s _ic r, sta+ -ing the name,
a ddress and telephone number of t he per son responsible for
its operation.
ORDINANCE 130.
SECTION III
Section 1. This ordinance shall become effective after
adoption and upon thirty (30) days following its legal publication.
Adopted this day of 19
Mayor
ATTEST:_
Clerk
Published in the official newspaper 21, 1.98
Effective Date
(Brackets indicate matter to be deleted, underline indicates new
matter.)
-6-
OR DINANCE NO.3
FOOD PROTECTION
ORDINANCE FOR
HEN EPIN COUNTY �
Y
5
ENACTED BY TIME
H ENNEPIN COUNTY
3
BOARD OF
y
X
COMMISSION
r
p
MARCH 1980
i
k
TABLE OF CONTENTS
SECTION I: PURPOSE . . . . . . . . . . . . . . . . . . . . . 1
SECTION II: SCOPE . . . . . . . . . . . . . . . . . . . . . . 1
SECTION III: DEFINITIONS . . . . . . . . . . . . . . . . . . . 1
SECTION IV: LICENSE AND ADMINISTRATION . . . . . . . . . . . 5
License Required
Transfer and Display of License
License Fees
SECTION V: ADMINISTRATION AND INSPECTION . . . . . . . . . S
General
Inspection of Food Establishments
Posting
Access to Premises and Records - Interference
with Health Authority
Removal and Correction of Violations
Embargo, Examination, Condemnation and
Tagging
Construction - Plan Review
SECTION VI: FOOD SOURCES AND SUPPLIES . . . . . . . . . . . 7
General
Special Requirements
SECTION VII: FOOD PROTECTION . . . . . . . . . . . . . . 8
General
Emergency Occurrences
Temperature Maintenance •
SECTION VIII: PREPARATION AND SERVICE . . . . . . . . . . . 9
General
Condiment Dispensing
Dispensing Utensils
Display Equipment
Re -Use of Tableware
Food Transportation
Storage
Poisonous or Toxic Materials
II
k
TABLE OF CONTENTS
CONT:
w
SECTION IX: SANITARY FACILITIES AND CONTROLS . . . . . . . . 10
General
Water Supplies
Ice
SECTION X: DISEASE PREVENTION AND CONTROL . . . . . . . . . 11
General
Procedures When Infection is Suspected
Cleanliness
Tobacco
Employee Dining Areas
SECTION XI: EQUIPMENT AND FACILITIES PROVIDED . . . . 12
General
Sanitary Design, Construction and Installation
of Equipment and Utensils
SECTION XII: CLEANING, SANITIZATION AND STORAGE OF EQUIPMENT
AND UTENSILS . . . . . . . . . . . . . . . . . 14
General
Cleaning Frequency
Oven Utensils and Equipment
Wiping Cloths
Mechanical Cleaning and Sanitizing
Manual Cleaning and Sanitizing
• Equipment and Utensil Storage
Single- Service Articles
SECTION XIII: FACILITIES AND UTILITIES . . . . . . . . . . . 18 R %!�
General
Handwashing Facilities
SECTION XIV: SEWAGE . . . . . . . . . . . . . . . . . . 18
General
Individual Sewage Disposal System
Toilet Facilities
SECTION XV: GARBAGE AND REFUSE DISPOSAL . . . . . . . . . . 19
SECTION XVI: INSECT AND RODENT CONTROL . . . . . . . . . . . 19
General
Openings
TABLE OF CONTENTS
• CONT
SECTION XVII: CONSTRUCTION AND MAINTENANCE OF PHYSICAL
FACILITIES . . . . . . . . . . . . . . . . . . . 20
Floors
Walls and Ceilings
Utility Lines and Pipes
SECTION XVIII: LIGHTING . . . . . . . . . . . . . . . . . . . . 21
General
Protective Shielding
SECTION XIX: VENTILATION . . . . . . . . . . . . . . . . . . 21
General
! SECTION XX: PREMISES . . . . . . . . . . . . . . . . . . . . 21
Housekeeping
Janitorial Facilities
Living Areas
Animals
Dressing Rooms
Locker Areas
Laundry Facilities
Linen and Clothes Storage
Cleaning Equipment Storage
SECTION XXI: ITINERANT FOOD ESTABLISHMENTS AND CATERING FOOD
VEHICLES . . . . . . . . . . . . . . . . . . . 22
• SECTION XXII: MISREPRESENTATION OF FOOD . . . . . . . . . . . 23
SECTION XXIII: MINNESOTA CLEAN INDOOR AIR ACT . . . . . . . . . 23
SECTION XXIV: INDUSTRY SELF - SURVEY AND TRAINING
RESPONSIBILITY . . . . . . . . . . . . . . . . 23
SECTION XXV: SEPARABILITY . . . . . . . . . . . . . . . . . . 23
SECTION XXVI: PENALTY . . . . . . . . . . . . . . . . . . . . . 23
i
ORDINANCE NO. 3
FOOD PROTECTION ORDINANCE FOR HENNEPIN COUNTY
"The County Board of Hennepin County ordains:"
SECTION I PURPOSE - The purpose of this ordinance is to establish
standards to protect the health, safety and the general welfare of the people
of Hennepin County pursuant to powers granted under Minnesota Statutes Section
145.911 - 145.922 and 375.51 - 375.55.
The general objectives include the following:
1. Prevent food -borne illness.
2. Correct and prevent conditions that may adversely affect
persons utilizing food establishments.
3. Provide minimum standards for the design, construction,
operation and maintenance of food establishments.
4. Meet consumer expectations of the quality and safety of
food establishments.
SECTION II SCOPE - This ordinance shall be applicable to all food
t establishments such as, but not limited to, restaurants, boarding houses,
drive -ins, bars, taverns, caterers, cafes, clubs, lodges, commissaries,
children's camps, lodging facilities, resorts, private schools, public
buildings, public schools, group day care facilities and similar businesses
and establishments where food, meals, lunches or beverages are prepared or
served for consumption on the premises or immediate consumption off the
premises. Provided that this ordinance shall not include food service
£� operations conducted in and for a ;louse of Worship when the food service
=_ is primarily limited to preparation, service or consumption by the members
of the House of Worship.
SECTION III DEFINITIONS - For the purpose of this ordinance the
following words shall have the following meanings:
Subsection I "Adulterated" shall mean the condition of a food if it
bears or contains any poisonous or deleterious substance.in a quantity which
may render it injurious to health; if it bears or contains any added poison-
ous or deleterious substance for which no safe tolerance has been established
by regulation, or in excess of such tolerance if one has been established;
it if consists in whole or in part of any filthy, putrid, or decomposed
substance or it if is otherwise unfit for human consumption; if it has been
processed, prepared, packed, or held under insanitary conditions;
r
whereby it may have become contaminated with filth, or whereby it may have
been rendered injurious to health; if it is in whole or in part the product
of a diseased animal, or an animal which has died otherwise than by slaughter;
or if its container is composed in whole or in part of any poisonous or
deleterious substance which may render the contents injurious to health.
Subsection 2 "Approved" shall mean acceptable to the Health Authority
as determined by conformance to appropriate standards and good public health
practices.
Subsection 3 "Catering Food Vehicle" shall mean any food vehicle used
to transport any food from its point of reparation to a
P P preparation P oint where the
food is served from the vehicle to the consumer, or any food vehicle wherein
food is prepared for sale or service to the consumer.
Subsection 4 "Clean" shall mean free from physical, chemical, and
microbial substances discernible by ordinary sight or touch, by ultraviolet
light or by artificial light, by the safranine -o dye test or by microscopic
or microbiological examination and free from insects, vermin and debris.
Subsection S "Corrosion- Resistant Materials" shall mean those materials
that maintain their original surface characteristics under prolonged influ-
ence of the food to be contacted, the normal use of cleaning compounds and
bactericidal solutions, and other conditions -o£ -use environment.
Subsection 6 "County" shall mean Hennepin County.
Subsection 7 "County Board" shall mean the Hennepin County Board of
Commissioners.
Subsection 8 "Easily Cleanable" shall mean that surfaces are readily
accessible and made of such materials and finish and so fabricated that resi-
due may be effectively removed by normal cleaning methods.
Subsection 9 "Embargo" shall mean the with - holding of food, equipment,
•
utensils, or clothing from sale or use in any establishment that comes within
the jurisdiction of this ordinance until approval is given by the Health
Authority for such sale or use.
Subsection 10 "Equipment "shall mean stoves, ovens, ranges, hoods, slicers,'
mixers, meatblocks, tables, counters, refrigerators, sinks, dishwashing machine;
steam tables, fixed and mobile manufacturing, processing, packaging and con-
veying equipment, and similar items other than utensils used in the operation
of a food establishment.
Subsection 11 "Food" shall mean any raw, cooked, or processed substance,
beverage, water, ice, or other ingredient used or intended for use in whole or
in part for human consumption.
Subsection 12 "Food- Contact Surface" shall mean those surfaces of equip-
ment and utensils with which food normally cores in contact, and those sur-
faces from which food may drain, drip, or splash back onto surfaces normally
in contact with food.
Subsecti 13 "Food Establishment" shall mean any building, room, stand,
enclosure, vehicle, space, area, or other place where food is stored, pre-
pared, manufactured, processed, wrapped, canned, packed, bottled, transported, 44
-2-
distributed, sold or offered for sale or served in any way with or without
charge, except private homes.
Subsection 14 "Food Vehicle" shall mean any food establishment consi. =t:nr
of a mobile vehicle which hauls any food for the purpose of delivery or sale.
Subsection 15 "Garbage" shall mean discarded material resulting from t.';e
handling, processing, storage, preparation, serving and consumption of foci.
Subsection 16 "Health Authority' shall mean the Hennepin County Coy: unit,
Health Department, its Environmental Health Specialist or other designated
agent.
Subsection 17 "Hermetically Sealed Container" shall mean a container
designed and intended to be secure against the entry of microorganisms and
to maintain the commerical sterility of its contents after processing.
Subsection 18 "Home Pre Food" shall mean any food which has been
processed or prepared in a private home.
Subsection 19 "Itinerant Food Establishment" shall mean a food establish-
ment operating for a temporary period of 14 consecutive days or less, including
but not limited to a fair, carnival, circus or public exhibition.
Subsection 20 "Law" shall include Federal, State, and local statutes,
ordinances, and regulations.
Subsection 21 "Limited Food Handling Establishment" shall mean a food
establishment where the only food sold or offered for sale to the rublic is
unwrapped bakery products or candies, canned or bottled beverages, non-
perishable machine dispensed beverages, or pre - packaged sandwiches, snacks or
ice cream novelties which are heated, served or sold for consurption on the
premises or immediate consumption off the premises. This definition does_
1 not include the off -sale of liquor or similar bottled or canned beverages.
Subsection 22 "Misbranding" shall mean the use or absence of any written,
s printed or graphic matter upon or accompanying food or containers of food
which violates any applicable local, State, or Federal labeling identification,
or representation requirements.
Subsection 23 "Packaged" shall mean bottled, canned, cartoned, or securely
wrapped.
Subsection 24 "Perishable Food" shall mean food such as fresh fruits and
vegetables and other foods which will decompose in the absence of refrigeration.
Subsection 25 "Person" shall mean any individual, firm, partnership,
corporation, trustee, or association and with respect to acts prohibited or
required herein, shall include employees and licensees.
Subsection 26 "Potable Water" shall mean water which is from a source of
supply and system operated, located, and constructed in accordance with the
provisions of the Minnesota Department of Health rules relating to public
water supply and well water.
-3-
Subsection 27 "Potentially Hazardous Food" shall mean any food that con-
sists in whole or in part of milk or milk products, eggs, meat, poultry,
fish, mollusk, edible crustacea, or other ingredients, including synthetic
ingredients, in a form capable of supporting rapid and progressive growth
of infectious or toxigenic microorganisms.
Subsection 28 "Putrescible Material" shall mean solid waste which is
capable of becoming rotten and which may reach a foul state of decay or
decomposition.
Subsection 29 "Reconstituted Food" shall mean dehydrated food products
recombined with water or other liquids.
Subsection 30 "Refuse" shall mean putrescible and non - putrescible solid
wastes, except body wastes, and including garbage, rubbish, ashes, incinerator
ash, incinerator residue, street cleanings, and market and industrial solid
wastes.
Subsection 31 "Safe Materials" shall mean articles manufactured from or
compose of materials that may not reasonably be expected or result, directly
or indirectly, in their becoming a component or otherwise affecting the
characteristics of anv food. If materials used are food additives or color
additives as defined in Section 201 (s) or (t) of the Federal, Food, Drug,
and Cosmetic act they are "safe" only if they are used in conformity with
regulations established pursuant to Section 409 or Section 706 of the Act.
Other materials are "safe" only if, as used, they are not food additives or
color additives as defined in Section 201 (s) or (t) of the Federal Food,
Drug, and Cosmetic act and are used in conformity with all applicable regu-
lations of the Food and Drug Administration.
Subsection 32 "Sanitization" shall mean bactericidal treatment by a
process appro-:e:_' the Health Authority that provides enough accumulative
heat or concentration of chemicals for sufficient time to destroy microorganisms
including pathoZ ens while neither injurious to utensils or equipment nor
hazardous to the health of the food consumer or the user of the sanitizing
agent
Su ^section 33 "Sealed" shall mean free of cracks or other openings that
permit tn:e entry or passage of moisture.
Subsection 34 "Single Service Utensils" shall mean all utensils which
are meant for one -time, one - person use and then discarded.
Subsection 3S "Smooth" shall mean having an even surface, free of cracks,
chips, open sean.s, rust, corrosion, breaks, pits, checks, and ridges.
S,' ^section 36 "Utensils" shall mean kitchenware, tableware, dishes,
glass:. are, Cutler., pets, pans, containers, implements, or other equipment
with w} ;ch food comes in contact during storage, cooking, processing, prepara-
tion, display or serving.
SL's ^section 37 "Y.nolesome" shall mean sound, healthful, clean, unadulterated,:..
and in all ways fit for human food and human consumption.
t
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1
SECTION IV LICENSE AND ADMINISTRATION
Subsection 1 "License Required" No person shall operate a food estab-
lishment or engage in any of the following types of enterprises within the
County unless a license for the current year of the applicable type described
herein shall have been obtained pursuant to this ordinance from the County
Board:
A. Food Establishment
B. Catering Food Vehicle
C. Itinerant Food Establishment
D. Limited Food Handling Establishment
E. Potentially Hazardous Food Vehicle
I'
Where the business subject to this ordinance consists only of a catering.food
vehicle, itinerant food establishment, limited food handling establishment,
or potentially hazardous food vehicle, a food establishment license shall not
be required in addition. When more than five potentially hazardous food
vehicles are operated by the same person in the same business in the County,
he may obtain a fleet license therefor in lieu of a separate license for each
vehicle. If such fleet license is suspended or revoked, such suspension or
revocation shall affect every vehicle licensed thereunder.
Subsection 2 "Transfer and Display of License" Only a person who com-
plies with the requirements of this ordinance and ordinances applicable
thereto of the city or cities in which the food establishment is located
shall be entitled to receive a license. Licenses shall not be transferable
as to person or place. All licenses obtained for a food establishment-shall
be conspicuously displayed. All food vehicles shall be identified with a
decal, license plate, or other means supplied by the County Board and
displayed in a conspicuous place designated by the Health Authority.
Subsection 3 "License Fees" Fee for licenses issued hereunder shall
be those established from time to time by resolution of the County Board of
x Commissioners. An additional fee shall be charged for each additional
service or operation which is separate, distinct or unique from the central
or main food establishment, as determined by the Health Authority.
SECTION V ADMINISTRATION AND INSPECTIONS
Subsection 1: General The application for such licenses shall be made
on forms furnished by the County Board and shall set forth the general nature
of the business, the location, and other information as the County Board may
require. The issuance of such licenses and their maintenance, termination
and administration shall be in accordance with and subject to all conditions
j of Hennepin County Ordinance No. 1 relative to the general requirements
for licenses in Hennepin County.
ti
Subsection 2: Inspection of Food Establishme The Health Authority
shall inspect every food establishment as frequently as he may deem necessary
to insure compliance with this ordinance, but not less than two complete
inspections per year.
-S-
Subsection 3: Posting Each inspection report shall be posted by the
Health Authority upon an inside wall of the food establishment, not in a
public area, and such inspection report shall not be defaced or removed by
any person, except the Health Authority. The posting of the inspection
report upon the inside wall of the food establishment shall constitute
service of an official notification of the inspection by the Health
Authority. The Health Authority may, in lieu of posting such report,
deliver it to the licensee or his authorized agent in person or by United
States mail. A copy of the inspection report shall be filed with the records
of the Community Health Department.
Subsection d: Access to Premises and Re - Interference with
Health Authority The person operating the food establishment shall, upon
request of the Health Authority and after proper identification, permit
access to all parts of the establishment at anv reasonable time for the pur-
pose of inspection and shall exhibit and allow copying of any records necessary.
to ascertain sources of foods. No persons shall interfere with or hinder
the Health Authority in the performance of his duties, or refuse to permit
the Health Authority to make such inspections.
Subsection S: Removal and Correction of Violations All licensees,
I
owners, or operators of food establishments having a report posted in the
food establishment or having received a report giving notification of one or
more violations of this ordinance shall correct or remove each violation in
a reasonable length of time determined by the Health Authority. The length
of time for the correction or removal of each such violation shall be noted
on the inspection report. The failure to remove or correct each such viola-
tion within the time period noted on the inspection report shall constitute
a separate violation of this ordinance.
Subsection 6: Embargo Examination Condemnation and Tagging Samples
of food may be collected without costs and examined by the Health Authority
as often as may be necessary. The Health Authority may condemn and forbid
the sale of, or cause to be removed or destroyed, any food which is unwhole-
some or adulterated, prepared, processed, handled, packaged, transported,
or stored in an unwholesome manner, unfit for human consumption or otherwise
prohibited by law. Equipment and utensils, which do not meet the require-
ments of this ordinance, may be embargoed. Equipment and utensils shall be
released from the embargo upon notification of the Health Authority by the
licensee of modification of such equipment or utensils to meet the require-
ments of this ordinance and after inspection of such utensils and equipment
by the Health Authority. The Health Authority may condemn and cause to be
removed any equipment, clothing or utensils found in a food establishment,
the use of which would not comply with this ordinance, or which is being
used in violation of this ordinance; and also may condemn and cause to be
removed any equipment, clothing, or utensils which by reasons of dirt,
filth, extraneous matter, insects, corrosion, open seams, or chipped or
cracked surfaces is unfit for use. The Health Authority may place a tag
to indicate the embargo or the condemnation upon such food, equipment,
utensils, or clothing. No persons shall remove such tag, except under the
direction of the Health Authority.
i
-6-
Subsection 7: Construction - Plan Review All persons who hereafter
construct, remodel or convert buildings or facilities for use as food
establishments, shall conform and comply in their construction, erection
or alteration with the reauirements of this ordinance. Two complete sets
of plans and specifications for such construction, remodeling or alteration
which shall show layout; arrangement; mechanical, plumbing or electrical
specifications; construction materials of work areas; and location, size
and type of equipment and facilities, shall be filed by its owner in the
office of the Health Authority. A statutory or home rule charter city shall
not issue a building permit for a food establishment or remodeling or
alteration permit for such establishment until such plans have the approval
of the Health Authority. The food establishment shall be constructed and
finished in conformance with the approved plans. The Health authority shall
inspect the food establishments as frequently as he may deer necessary during
construction to ensure that construction occurs in conformance with this
i" ordinance. He shall conduct a final inspection prior to the start of
operations and issuance of an approved license.
SECTION VI FOOD SOURCES AND SUPPLIES
Subsection 1: General Food shall be in sound condition, free from
spoilage, filth, or other contamination and shall be safe for human consump-
tion. Food shall be obtained from sources that comply with all laws relating
to food and food labeling and approved by the Health Authority. The use of
food that was not prepared in a licensed food establishment is prohibited.
Subsection 2: Special Requirements
A. Fluid milk and fluid milk products used or served shall be pasteurized
and shall meet the Grade A quality standards as established by law. Fluid
milk and fluid milk products shall be served to the consumer in the
individual, unopened, original containers in which they were received from
the distributor or served from a bulk container equipped with a sanitary
dispensing device. Milk containers which are served to the consumer shall
not be larger than one pint. Khere a bulk dispenser for milk and milk
products is not available and portions of less than ,z pint are required
for mixed drinks, cereal, or dessert service, milk and milk products may
be poured from a commercially filled container of not more than % gallon
capacity. Nondairy creaming or whitening agents shall be provided in
an individual service container or drawn from a refrigerated dispenser
designed for such service. Dry milk, dry milk products, and nondairy
product substitutes may be used in instant dessert and whipped products
or for cooking, baking, manufacturing and processing purposes only.
B. All frozen dairy foods, such as, but not limited to, ice cream,
frozen custards, ice milk, milk sherbet, fruit or ice sherbet, yogurt,
and frozen malted milk shall meet applicable State laws, rules and
regulations.
C. Fresh and frozen shucked shellfish (oysters, clams, or mussels)
shall be packed in nonreturnable packages identified with the name
and address of the original shell stock processor, shucker- packer, or
repacker, and the interstate certification number issued according
to law. Shell stock and sucked shellfish shall be kept in the con-
- tainer in which they were received until they are used. Each container
of unshucked shell stock (oysters, clams, or mussels) shall be identified
-7-
I
by an attached tag that states the name and address of the original
shell stock processor, the kind and quality of shell stock, and an
interstate certification number issued by the State or foreign shell-
fish control agency.
D. All meat and meat products received, kept, or used in any manner
in any food establishment shall be officially identified as having
been inspected for wholesomeness under the supervision of a licensed
veterinarian, and such products upon which any official identification
is lost by reason of the processing thereof shall be identified by
the name and location of the processor thereon.
E. All poultry and poultry meat products shall be clean, wholesome,
free from spoilage and adulteration and shall be processed in a food
establishment meeting the requirements established by law. Only clean
whole eggs, with shell intact and without cracks or checks, or pas-
teurized liquid, frozen, or dry eggs or pasteurized dry egg products
shall be used, except that hard - boiled, peeled eggs, commercially
prepared and packaged may be used. Provided that liquid, frozen,
dry eggs and egg products may be used for cooking, baking, manufacturing
and processing purposes only.
F. Only food grade lubricants of a safe material shall be used on
equipment designed to receive lubrication of bearings and gears on or
within food - contact surfaces.
SECTION VII FOOD PROTECTION
Subsection 1: General Food shall be protected from potential contamina-
tion including dust, insects, rodents, and other vermin; unclean equipment,
work surfaces, utensils and facilities; unnecessary or improper handling;
coughs and sneezes; flooding, drainage and overhead leakage or drippage and
utensil_ or equipment which have not been given bactericidal treatment.
Adequate and approved protection of all food shall be provided after delivery
and while being stored, prepared, displayed, served, or sold in food establish-
ments or transported between such establishments.
Subsection 2: Emergency Occurrences In the event of a fire, flood, power'
outage, or similar event that might result in the contamination of food, or
that riht prevent potentially hazardous food from being held at required
temperatures, the licensee shall immediately contact the Health Authority.
Upon receiving notice of this occurrence, the Health Authority may take what -
ever action that it deems necessary to protect the public health.
Subsection 3: Temperature Maintenance
A. The internal temperature of all potentially hazardous foods shall
he maintained at 4OOF (4 or below, or 15O (66 or above, except
daring preparation. Potentially hazardous foods requiring refrigeration
after preparation shall be rapidly cooled to an internal temperature
of 4O (4 or below within four hours after removal from the heating
or hot holding device. Potentially hazardous frozen foods shall be
stored at an internal temperature of OOF ( -18 or below.
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B. Adequate, properly designed, and conveniently located mechnical
refrigeration or hot food storage facilities shall be provided to
ensure the maintenance of potentially hazardous food at required
temperatures. Each facility shall be provided with numerically
scaled temperature indicating devices accurate to ± 3 (± 2
located to measure the air temperature in the warmest part of the
refrigeration facility or coldest part of the hot hold facility.
Temperature indicating devices shall be securely fastened and
located to be easily readable. Where it is impractical to install
fixed temperature indicating devices on equipment such as, but not
limited to, cold table tops, steam tables, processing lines, kettles,
heat lamps, or portable transport carriers, a product thermometer,
accurate to ± 3 (± 2 shall be maintained and used to check
internal food temperatures.
C. Potentially hazardous foods shall be thawed in a manner approved
by the Health Authority.
D. Rare roast beef shall be cooked at an internal temperature 2 130
(54 for a period of time sufficient to destroy infectious and
toxigenic microorganisms and held at an internal temperature > 130OF
(54 until served.
E. Potentially hazardous foods that have been cooked and then refrig-
erated, shall be reheated rapidly to 165OF (74 or higher throughout
before being served or before being placed in a hot food storage
facility. Steam tables, bainmaries, warmers, and similar hot food
holding facilities are prohibited for the rapid reheating of poten-
tially hazardous foods.
SECTION VIII PREPARATI AN SERVICE
Subsection 1: General Food shall be prepared or processed with the
least possible manual contact and in such a manner as to prevent cross -
contamination of products. Suitable utensils or equipment shall be used
. which prior to use have been cleaned, rinsed and sanitized to prevent
cross - contamination. Raw fruits and vegetables shall be thoroughly washed
with potable water before being cooked or served. Food once served to a
consumer shall not be served again except that packaged food other than
potentially hazardous food that is still packaged and in sound condition
may be re- served. All persons shall handle soiled equipment or utensils
in a manner that minimizes contamination of their hands. Mollusks and
I ' crustacea, if served on the shell, must be served in the original shell.
Re -use of such shells for food service is prohibited.
Subsection 2: Condiment Dispensing
A. Condiments, seasonings and dressings for self - service use shall
be provided in individual packages, from dispensers, or from approved
+ containers.
B. - Condiments provided for table or counter service shall be indi-
vidually portioned, except that catsup and other sauces may be served
in the original container or pour -type dispenser. Sugar for consumer
use shall be provided in individual packages or in pour -type dispensers.
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Subsection 3: Dispensing Utensils To avoid unnecessary manual con-
tact with food, suitable dispensing utensils or equipment shall be used by
employees or provided to consumers who serve themselves. Between uses
during service, dispensing utensils shall be:
A. Stored in the food with the dispensing utensil handle extended
out of the food; or
B. Stored clean and dry; or
C. Stored in a running water dipper well.
Subsection 4: Display Equipment Food on display shall be protected
from consumer contamination by the use of packaging or by the use of easily
cleanable counter, serving line or salad bar food shields, display cases,
or by other effective means. Adequate and sufficient hot or cold food
facilities shall be available to maintain the required temperature of
potentially hazardous food on display.
Subsection S: Re -Use of Tableware Re -use of soiled tableware by
self- service consumers returning to the service area for additional food is
prohibited. Beverage cups and glasses are exempt from this requirement.
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Subsection 6: Food Transportation The requirements of temperature,
storage, display, and for the food protection against contamination as con-
tained in this ordinance shall apply in the transporting of food from a food
establishment or other location to another food establishment or other
location for delivery, service, or catering operations.
Subsection 7: Storage
A. Food, whether raw or prepared, if removed from the container or
package in which it was obtained, shall be stored in a clean covered
container except during necessary periods of preparation or service.
Container covers shall be impervious and nonabsorbent, except that
clean linens or napkins may be used for lining or covering bread or
roll serving containers. Solid cuts of meat shall be protected by
being covered in storage, except that sides, quarters or primal cuts
of meat may be hung uncovered on clean hooks if no food product is
stored beneath the meat.
B. Containers of food shall be stored a minimum of six inches above
the floor in a manner that protects the food from splash and other
contamination, and that permits easy cleaning of the storage area.
Containers may be stored on dollies, racks or pallets, provided
such equipment is easily movable and constructed to allow for easy
cleaning.
C. Food and containers of food shall not be stored under exposed or
unprotected sewer lines or similar sources of potential contamination.
The storage of food in toilet rooms or vestibules is prohibited.
D. Food not subject to further washing or cooking before serving shall
be stored in a way that protects it against cross- contamination from
food requiring washing or cooking.
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E. Packaged food shall not be stored in contact with water or undrained
ice. Wrapped sandwiches shall not be stored in direct contact with
ice.
F. Bulk foods such as, but not limited to, cooking oil, legumes, tubers,
grains, syrup, salt, sugar or flour and related derivative products
not stored in the product container or package in which it was obtained,
shall be stored in a container identifying the food by common name.
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1 Subsection 8: Poisonous or Toxic Materials There shall be present in
food establishments only those poisonous or toxic materials necessary for
maintaining the establishment, cleaning and sanitizing equipment and uten-
sils, and controlling insects and rodents. Toxic materials shall be
obtained, identified, stored, and used only in such fanner and under such
conditions as will not contaminate food or constitute any other hazard to
man. The Health Authority shall have the right to designate the proper
storage of toxic materials.
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SECTION IX SANITARY FACILITIES AND CONTROLS
Subsection 1: General Adequate potable water for the needs of the food
establishment shall be provided.
Subsection 2: Water Sua_nl All water shall be drawn from the public
community water supply system when available. When the public community water
supply system is not available, a public non - community water supply located
on the premises may be used if the operation, location and construction are
in accordance with the rules of the Minnesota Department of Health pertaining
to public water supply and well water.
Subsection 3: Ice All ice shall be manufactured onl% from potable water
which has been obtained from a safe water supply. Ice shall be handled and
transported in single- service containers, or in utensils which have been
subjected to bactericidal treatment. Buckets, scoops, and ice containers
unless they are single- service utensils, shall be made of a smooth, impervious
• material, and designed to facilitate cleaning. They shall be clean at all
times. Canvas containers shall not be used. If ice - crushers are used, they
shall be easily cleanable. They shall be maintained in a clean condition
and shall be subject to bactericidal treatment and shall be covered when not
in use. Ice for consumer use shall be dispensed with scoops or tongs from
a properly protected storage device, or other ice - self - dispensing utensils,
through automatic single service ice dispensing equipment, or be pre - packaged
and portion controlled.
SECTION X DISEASE PREVENTION AND CONTROL
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Subsection l: General No person, while infected with a disease in
1 a communicable form that can be transmitted b foods or who is a carrier
of organisms that cause such a disease or while afflicted with a boil, an
infected wound, or an acute respiratory infection, shall work in a food
service establishment in anv capacity in which there is a likelihood of
such person contaminating food or food - contact surfaces with pathogenic
organisms or transmitting disease to other persons.
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Subsection 2: Procedure When Infection is Suspected When the Health
Authority has reasonable cause to suspect possibility of disease transmission
from any food - service establishment employee, the Health Authority shall
secure an illness or morbidity history of the suspected employee or make
such other investigation as may be indicated and take appropriate action.
The Health Authority may require any or all of the following measures:
A. The immediate exclusion of the employee form all food - service
establishments.
B. The immediate closure of the food - service establishment con-
cerned until, in the opinion of the Health Authority, no further
danger of disease outbreak exists.
C. Restriction of the employee's services to an area of the estab-
lishment where there would be no danger of transmitting disease.
D. Adequate medical and laboratory examinations of the employee, of
other employees, and of his and their body discharges.
Subsection 3: Cleanliness All persons shall wear clean outer garments,
maintain a 'high degree of personal cleanliness, and conform to hygienic
practices during all periods of duty. Hair nets, head bands, caps, or other
hair restraints shall be used to keep hair from food, utensils, and equipment.
All persons shall wash their hands thoroughly in an approved handwashing
facility before starting work, and as often as may be necessary to remove
soil and contamination. No persons shall resume work after visiting the
toilet room without first washing his hands.
Subsection 4: Tobacco The use of tobacco in any form by persons engaged
in handiin„ preparing, or serving food, or cleaning utensils and equipment
in a food establishment is prohibited at all times when such persons are 'on
dut for such work provided that designated locations may be approved by the
Health :Authority for smoking.
Subsection S: Employee Dining Areas All persons shall consume food •
only in designated dining areas. An employee dining area shall not be so
designated if consuming food there may result in contamination of other
food, equipment, utensils, or other items needing protection.
SECTION XI EQUIPMENT AND FACILITIES PROVIDED
S ubsection 1: General Every food establishment shall have equipment,
sppltc,:hle to the operation therein conducted, which is so designed, con-
structed, installed, located, and maintained as to permit full compliance
with the provisons of this ordinance.
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Sub ;ect 2: Sanitary Desi Constru and Installation of
n
iou"D and Utensils All new and replacement equipment and utensils shall
tie of Inch material workmanshi P, g
and design as to be smooth; easily clean-
able; resistant to wear, denting, buckling, pitting, chipping and crazing;
and capahle of withstanding scrubbing, scouring, repeated corrosive action
of cleaning compounds, and other normal conditions and operations. Food
contact surfaces shall be non - toxic. Food contact surfaces and surfaces
Which Con, in contact with food debris shall be readily accessible for
cleaning; and inspection. All equipment installed or placed in service
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after the passage of this Section shall comply with the follo..ing standards
of the National Sanitation Foundation when applicable:
Standard No. 1 - Soda Fountain and Luncheonette Equipment,
November, 1977
Standard No. 2 - Food Service Equipment, November, 1977
Standard No. 3 - Spray Type Dishwashing Machines, November, 19 - 7
Standard No. 4 - Commercial Cooking and Hot Food Storage _ ti7r.ent,
April, 1973
Standard No. 5 - Commercial Hot Water Generating Equipment., ' 'ay, 1972
I
Standard No. 6 - Dispensing Freezers, July, 1970
Standard No. 7 - Food Service Refrigerators and Storage Freezers,
`! March, 1973,
I
Standard No. 8 - Commercial Powered Food Preparation Equip -opt,
August, 1974
Standard No. 12 - Automatic Ice Making Equipment, November, 13 -7
Standard No. 13 - Refuse Compactors and Compactor Systems, March, 1973
Standard No. 18 - Manual Food and Beverage Dispensing Equipment,
November, 1977
Standard No. 20 - Commercial Bulk Milk Dispensing Equipment and
Appurtenances, September, 1973
Standard No. 25 - fending Machines for Food and Beverages, S!ay, 19
Standard No. 29 - Detergent and Chemical Feeders for Co=ercial Spray
• Type Dishwashing Machines, February, 1975
Standard No. 35 - Laminated Plastics for Surfacing Food Service Equip-
ment, July, 1970
$ Criteria C -2 - Special Equipment and /or Devices, July, 19 -2
1 A. Used equipment which has met or exceeded the requirements of the
National Sanitation Foundation under earlier standards m_ installed
when such equipment is in good repair and does not constitute a health
hazard as determined by the Health - Authority. Equipment i.= use at the
time of adoption of the regulation i.hich does not meet fully e above
requirements may be continued in use only if it is in goad re; "air, capable
of being maintained in a sanitary condition, has food - con - act surfaces
that are non - toxic, and is approved by the Health Authority.
I
B. All equipment shall be so installed and maintained as to facilitate
the cleaning thereof, and of all adjacent areas, and shall � kept in
good repair.
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C. All equipment shall be located and installed in such a manner as
to ensure a flow nattern of food from the time of delivery through
preparation and service which minimizes the potential for cross -
contamination and improper handling of the food. Lavatories, chef
sinks, utility sinks, refrigeration equipment, hot food handling
equipment, preparation and processing tables shall be provided and
maintained and shall be convenient and adequate as approved by the
Health Authoritv for the purpose for which they were designed.
Equipr..ent shall not be located under exposed or unprotected sewer
lines, open stairwells, or other sources of contamination. This
requirement does not apply to automatic fire protection sprinkler
heads that may be required by law.
D. Aisles and working spaces between units of equipment and walls
shall be unobstructed and of sufficient width to permit employees to
perform their duties readily without contamination of food or food -
contact surfaces by clothing or personal contact. All easily movable
storage equipment such as pallets, racks and dollies shall be posi-
tioned to provide accessibility to working areas.
SECTION XII CLE.I`:ING, SANITIZATIO`< AND STORAGE OF EQUIPMENT AND
UTENSILS
I
Subsection 1: General All utensils and equipment shall be thoroughly
cleaned, and food contact surfaces of utensils and equipment shall be given
sanitization treatment and shall be stored in such a manner as to be pro-
tected from contamination.
Subsection 2: Cleaning Frequency
A. Tableware shall be washed, rinsed, and sanitized after each use.
B. To prevent cross - contamination, kitchenware and food - contact
surfaces of equipment shall be washed, rinsed, and sanitized after
each use and following any interruption of operations during which time
contamination may have occurred.
C. Where equipment and utensils are used for the preparation of foods
on a continuous or production -line basis, utensils and food - contact
surfaces of equipment shall be washed, rinsed, and sanitized at inter-
vals throughout the day and on a schedule based on food temperature,
type of food, and amount of food particle accumulation as approved by
the Health Authority.
D. The food - contact surfaces of kettles, grills, griddles, and similar
cooking devices and the cavities and door seals of microwave ovens
shall
,,
h
1' s }' 1
h' hall not a
c cleaned xc_ t that this �
3�t4 Wt least once a day; c p apply
to hot oil cooking equipment and hot oil filtering systems. The food -
contact surfaces of all cooking equipment shall be kept free of
encrusted grease deposits and other accumulated soil.
E. Non- food - contact surfaces of equipment shall be cleaned as often
as is neccssary to keep the equipment free of accumulation of dust,
dirt, food articles , and other debris.
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Subsection 3: Oven Utensils and Equipment Utensils and equipment which
routinely go into ovens for baking purposes and which are used for no other
purpose shall not be required to be given bactericidal treatment, provided,
however, such utensils and equipment must be clean.
Subsection 4: Wiping Cloths Cloths used for wiping food spills on
tableware, such as plates or bowls being served to the consumer, shall be
clean, dry and used for no other purposes. Moist cloths used for wiping
food spills on kitchenware and food - contact surfaces of equipment shall be
clean and rinsed frequently in an approved sanitizing solution. These cloths
shall be stored in sanitizing solution between uses.
Subsection S: Mechanical Cleaning and Sanitizing
A. Cleaning and sanitizing may be done by spray -type or immersion
utensil washing machines or by any other type of machine or device if
it is demonstrated that it thoroughly cleans, sanitizes equipment and
utensils, and meets the requirements set forth in the National Sani-
tation Foundation Standard No. 3. These machines and devices shall
be properly installed, and maintained in good repair. Machines and
devices shall be operated in accordance with manufacturers' instruc-
tions, and utensils and equipment placed in the machine shall be
exposed to all washing cycles. Automatic detergent dispensers,
wetting agent dispensers, and liquid sanitizer injectors shall be
properly installed and maintained.
B. Drainboards shall be provided and be of adequate size for the
proper handling of soiled utensils prior to washing and of cleaned
utensils following sanitization and shall be so located and constructed
as not to interfere with the proper use of the dishwashing facilities.
This does not preclude the use of easily movable dish tables for
the storage of soiled utensils or the use of easily movable dish
tables for the storage of cleansed utensils following sanitization.
C. Equipment and utensils shall be flushed or scraped and, when
necessary, soaked to remove gross food particles and soil prior to
being washed in a dishwashing machine unless a prewash cycle is a
j part of the dishwashing machine operation. Equipment and utensils
I shall be placed in racks, trays, or baskets, or on conveyors, in a
way that food - contact surfaces are exposed to the unobstructed appli-
cation of detergent wash and clean rinse waters and that permits free
draining.
D. Machines (single -tank, stationary -rack, door -type machines and
spray -type glass washers) using chemicals for sanitization may be used
provided that:
1. Wash water temperatures, addition of chemicals, rinse water
temperatures, and chemical sanitizers used are in conformance
with Standard No. 29 of the National Sanitation Foundation,
identified in Section XI.
2. A test kit or other device that accurately measures the parts
per million concentration of the sanitizing solution shall be
available and used at least once an hour while the chemical
sanitizing machine is in use.
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3. Containers for storing the sanitizing agent shall be installed
in such a manner as to ensure that operators maintain an adequate
supply of sanitizing compound.
E. Machines using hot water for sanitizing may be used provided that
wash water and pumped rinse water shall be kept clean and water shall
be maintained at not less than the temperature specified under the
National Sanitation Foundation Standard No. 3 under which the machine
is evaluated as required under Section XI of this ordinance. A
pressure gauge shall be installed with a valve immediately adjacent
to the supply side of the control valve in the final rinse line pro-
vided that this requirement shall not pertain to a dishwashing machine
with a pumped final rinse.
F. All utensil washing machines shall be cleaned at least once per
day or more frequently if required.
Subsection 6: Manual Cleaning and Sanitizing
A. For manual washing, rinsing and sanitizing of utensils and equip-
ment, a sink with not fewer than three compartments shall be provided
and used. Sink compartments shall be large enough to permit the
accomodation of the equipment and utensils, and each compartment of the
sink compartments shall be washed manually or cleaned through pressure
spray methods.
B. Integral drain boards of adequate size shall be provided at each
end for proper handling of soiled utensils prior to washing and for
cleaned utensils following sanitizing and shall be located so as not
to interfere with the proper use of the utensil washing facilities.
C. Equipment and utensils shall be preflushed or prescraped and, when
necessary, presoaked to remove gross food particles and soil.
D. Except for fixed equipment and utensils too large to be cleaned in
sink compartments, manual washing, rinsing and sanitizing shall be
conducted in the following sequence:
1. Sinks shall be cleaned prior to use.
2. Equipment and utensils shall be thoroughly washed in the first
compartment with a hot detergent solution that is kept clean.
3. Equipment and utensils shall be rinsed free of detergent and
abrasives with clean water in the second compartment.
4. Equipment and utensils shall be sanitized in the third com-
partment in an approved manner.
t. The food - contact surfaces of all equipment and utensils shall be
sanitized by one of the following methods:
I. Immersion for at least one -half ( minute in clean, hot
water at a temperature of at least 170OF (77
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2. Immersion for at least one minute in clean solution containing
at least So parts per million but no more than 200 parts per
million of available chlorine as a hypochlorite and at a tempera -
ture of at least 75oF (24
3. Immersion for at least one minute in a clean solution con -
taining at least 12.5 parts per million but not more than 25
parts per million of available iodine and having a pH not higher
than 5.0 and at a temperature of at least 75oF (24
4. Immersion in a clean solution containing any other chemical
sanitizing agent approved by the Health Authority that will pro-
vide at least the equivalent bactericidal effect of a solution
containing 50 parts per million of available chlorine as a
hypochlorite at a termperature of at least 75oF (24 or one
j minute.
r 5. In the case of equipment too large to sanitize by immersion,
rinsing, spraying, or swabbing a chemical sanitizing solution
shall be used in a manner approved by the Health Authority.
F. When hot water is used for sanitizing, the following facilities
shall be provided and used:
1. An integral heating device or fixture installed in, on, or
under the sanitizing compartment of the sink capable of maintaining
the water temperature of at least 170OF (77 and
2. A numerically scaled indicating thermometer, accurate to
t 3oF (± 2 convenient to the sink for frequent checks of
water temperature,and
3. Dish baskets of such size and design to permit complete immer-
sion of the tableware, kitchenware, and equipment in the hot
water.
G. When chemicals are used for sanitization, a test kit or other device
that accurately measures the parts per million concentration of the
solution shall be provided and used.
Subsection 7• Equipment and Ute nsil Storage Cleaned and sanitized equip-
ment and utensils shall ie handleu in a way tha protects them from contamination.
Spoons, knives, and forks shall be touched only by their handles. Cups, glasses,
bowls, plates and similar items shall be handled without contact with inside
surfaces or surfaces that contact the user's mouth.
A. Utensils shall be air dried before being stored or shall be stored
in a self - draining position.
B. Cleaned and sanitized utensils and equipment shall be stored at
least six (6) inches above the floor in a clean, dry location in a
way that protects them from contau;:ination by splash, dust and other
I means. The food- contact surfaces of fixed equipment shall also be
S protected from contamination. Equipment and utensils shall not be
placed under exposed sewer lines, except for automatic fire pro-
I�
; tection sprinkler heads that may be required by law.
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C. Glasses and cups shall be stored inverted. Other stored utensils
shall be coverd or inverted, wherever practical. Facilities for
the storage of knives, forks, and spoons shall be designed and used
to present the handle to the employee or consumer.
Subsection 8: Single- Service Articles Single- service articles shall
have been manufactured, packaged, transported, stored, handled, and dispensed
in a sanitary manner.
SECTION XIII FACILITIES AND UTILITIES
Subsection 1: General Plumbing shall be so sized and installed and main -
tainea as to carry adequate quantities of water to required locations through-
out the establishment, prevent contamination of water supply and convey
sewage and liquid wastes adequately from the establishment to the sewage
system so that it does not constitute a source of contamination of food,
utensils, or equipment or create an unsanitary condition or nuisance. Food
service equipment such as refrigerators, ice makers, and steam tables shall
not be directly connected to the sewer. All new plumbing and all plumbing
reconstructed or replaced after the effective date of this Section shall be
designed, constructed and installed in conformity with the Plumbing Code of
the Minnesota Department of Health.
Subsection Z: Handwashing Facilities Every food establishment, other
than itinerant food establishments and food vehicles handling only pre-
packaged food or which transport meat in the manner provided by State law
or regulc.tion, shall be provided with adequate, conveniently located, and
approved handwashing facilities which are continually maintained with hot
and cold running water, hand cleansing compound, fingernail brushes, and
single- service towels or hand - drying devices. Handwashing facilities shall
be accessible to persons at all times in all areas where food is prepared
or served, utensils and equipment are cleansed or sanitized, in or iru ediately
adjacent to toilet rooms or other areas as may be designated by t!ce Health
Authority. Sinks used for food preparation or for washing equipment or
utensils shall not be used for handwashing. Each handwashing sink shall
be provided with hot and cold water tempered by means of a mixing valve
or combination faucet. The maximum temperature of hot water shall not
exceed 130 from the faucet. Any self - closing, slow- cioSing, or nketering
faucet used shall be designed to provide a flow of water for at least 15
seconds without the need to reactivate the faucet. Steam- mixing valves
are prohibited.
I,
SECTION XIV SEWAGE
Subsecti 1: General All sewage, including liquid waste, shall be
disposed of by a public sewerage or by an approved sewsf;e °.y,tvM-
lion- water - carried sewage disposal facilities are prohhibited, excclrt all
permitted by the Health Authority because of special situations.
Subsection Z: Individual Sewage Disposal Syst i+hcn an in.lividuai
sewage disposal ssstcm is rec {aired, it shall be designed, located and con-
structed in compliance with regualtions of the Minnesota Pollution Control
Agency. Food vehicles may dispose of their liquid waste into recvptaclos
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carried on the vehicle for that purpose. This waste ultimately shall be
discharged into the public sewerage system or otherwise disposed of in a
manner which will not endanger any source of water supply, pollute any body
of surface water, create a nuisance, or otherwise endanger the public health
and safety.
Subsection 3: Toilet Facilities Every food establishment with the
exception of food vehicles shall be provided with conveniently located and
'i approved toilet facilities for employees which are kept clean and in good
repair and free from flies, insects, and offensive odors. Toilet fixtures
and seats shall be of sanitary design and readily cleanable. The doors of
all toilet rooms shall be self - closing. Easily cleanable receptacles shall
be provided for waste materials. Separate employee toilets shall be pro-
vided for each sex when five or more employees may be on duty at any one
time unless all employees are of the same sex pursuant to a bonified
occupation qualification exception. An adequate supply of toilet tissue
shall be provided and maintained at each toilet at all times.
SECTION XV GARBAGE AND REFUSE DISPOSAL
All garbage and refuse prior to disposal shall be kept in tight non -
absorbant, insect proof, rodent proof and fire proof containers. Containers
shall be kept covered with close - fitting lids when filled, in storage, or not
in continuous use. Containers need not be covered when stored in special
insect and rodent -proof room or enclosure. All other refuse shall be
stored in containers, rooms, or areas in an approved manner. The rooms,
enclosures, areas, and containers used shall be adequate for the storage
of all garbage and refuse accumulating on the premises between collection.
Adequate cleaning facilities shall be provided, and each container, room,
or area shall be thoroughly claned after the emptying or removal of garbage
and refuse. Containers designed with drains shall have drain plugs maintained
in place at all time except during cleaning. All garbage and refuse shall
be disposed of with sufficient frequency and in such a manner as to prevent
a nuisance.
SECTION XVI INSECT AND RODENT CONTROL
Subsection 1: General Effective measures shall be taken to prevent
the entrance, breeding, or presence of rodents, flies, cockroaches, and
other vermin or insects on the premises. The premises shall be kept in such
condition as to prevent the harborage or feeding of insects or rodents.
Subsection 2: Openings Openings to the outside shall be effectively
protected against the entrance of rodents. Outside openings shall be pro-
tected against the entrance of insects by tight- fitting, self- closing doors,
closed windows, screening, controlled air currents, or other means. Screen
doors shall be self - closing, and screens for windows, doors, skylights,
transoms, intake and exhaust air ducts, and other openings to the outside
shall be tight - fitting and free of breaks. .Screening materials shall not
be less than 16 mesh to the inch.
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SECTION XVII CONSTRUCTION AND MINTEN:INCE OF PHYSICAL FACILITIES
Subsection 1: Floors The floor surfaces of all food preparation, food
storage, equipment and utensil washing, food serving areas, waitress stations,
dressing rooms, locker rooms, toilet rooms and vestibules, janitorial areas,
walk -in refrigeration, kitchens, and bars shall be constructed of smooth,
non- absorbent, easily cleanable materials which resist the wear and abuse
to which they are subjected, such as ceramic tile, quarry tile or terrazzo.
The junctures between walls and floors shall be coved. All floors shall be
kept clean and in good repair, and the use of sawdust and similar material
shall not be permitted. These requirements do not prevent the use of rugs
and carpets in dining rooms and hallways, provided that such floor coverings
are kept clean. Abrasive strips also may be used wherever deemed necessary
to prevent accidents. Floor drains shall be provided in all rooms where
floors are subjected to flooding -type cleaning or where normal operations
release or discharge water or other liquid wastes on the floor. Such floors
shall be graded to drain. The walking and driving surfaces of all exterior
areas where food is served shall be kept clean, properly drained, and
finished so as to facilitate maintenance and minimize dust. ;tats and duck-
boards shall be of non- absorbent, non -wood, grease resistant materials of
such size, design, and construction as to facilitate their being easily
cleaned. Duck boards shall not be used as storage racks.
Subsection 2: Walls and Ceiling The walls and ceilings of all rooms
shall be kept clean and in good repair. All wails of rooms or areas in
which food is prepared, areas where utensils or hands are washed, toilet
rooms, janitorial areas, laundry rooms or garbage and refuse storage rooms
shall have easily cleanable, smooth, non - absorbent washable surfaces to the
highest level reached by splash, spray or abuse. Kall finishes shall be
resistant to the wear and abuse to which they are subjected. Ceilings of
such rooms shall be easily cleanable. The walls and ceilings of such rooms
shall be finished in a light color.
Subsection 3: Utility lines and Pip All utility lines and pipes
such as, but not limited to, electric,gas, water, sewage and similar waste
lines or services should be installed in the walls, under floors, or above
ceilings so as to not be unnecessarily exposed in or on food equipment,
walls, floors or ceilings. Exposed utility service tines or pipes shall be
installed in a manner that does not obstruct or prereot the easy cleaning
of food equipment, floors, wall and ceiling surfaces and areas.
SECTION XVIII LIGHTING
Subsection 1: G eneral All areas in which food ix prepared, processed,
manufactured, packaged or stored; or where utensils and equipment are
washed; handwashing areas, locker ruom�, toilet r nl all garbage and
refuse storage areas shalt be well liOlted. ,11 foo,j co:!tacr surfaces shall
be illuminated at not less than foot cal)JIt•a 01 lig!>t. At least
thirty foot candles of light shall b-e pr vidcd on all sit ?. r surfaces and
equipment. In storage areas, a mininu^t of *.wrnty foot .and}es of light
measured at 30 inches from the floor shall bc lighting
in dining rooms and public access areas is permis:ihle, pre >vided that
lighting meeting the above requirements shall be availabiC during all
clean -up periods in dining rooms and access arm..
Zit-
.
I
Subsection 2: Protective Shielding
A. Shielding to protect against broken glass falling onto food shall
be provided for all artificial lighting fixtures located over, by, or
within food storage, preparation, service, and display facilities, and
facilities where utensils and equipment are cleaned and stored.
B. Infrared or other heat lamps shall be protected against breakage
by a shield surrounding and extending beyond the bulb, leaving only
the face of the bulb exposed.
SECTION XIX VENTILATION
Subsection 1: General All rooms shall have sufficient make up and
exhaust ventilation to keep them free of excessive heat, steam, condensation,
vapors, obnoxious or disagreeable odors, smoke and fumes. All ventilation
equipment and facilities, gas or oil fired room heaters and water heaters
shall be designed, installed and operated in accordance with the Minnesota
State Building Code of the Minnesota Department of Administration and the
Uniform Fire Code of the Minnesota Fire 'Marshall. Intake and exhaust air
ducts shall be maintained to prevent the entrance of dust, dirt, and other
contaminating materials.
SECTION XX PREMISES
Subsection 1: Housekeeping All parts of the food establishment and
its premises shall be kept neat, clean, and free of litter and refuse.
Cleaning operations shall be conducted in such a manner as to minimize con-
tamination of food and food contact surfaces. Soiled linens, coats and
aprons shall be kept in approved containers until removed for laundering.
Only articles necessary for the operation and maintenance of the food ser-
vice establishment shall be stored on the premises. The traffic of
unnecessary persons through the food - preparation and utensil - washing areas
is prohibited.
Subsection 2: Janitorial Facilities Janitorial facilities shall be
provided including a Janitorial utility sink. Facilities and equipment
shall be located and stored in an anoroved manner in an area other than
a food preparation or storage area or toilet room. If adequate segregation,
separation, or other protection has been provided and approved by the Health
Authority, such an area may be located in a packaged goods storeroom or
employee toilet room. The use of lavatories, utensil washing or equipment
washing, or food preparation sinks for this purpose is prohibited.
Subsection 3: Living Areas No operation of a food service establish-
ment shall be conducted in any room used as living or sleeping quarters.
Food operations shall be separated from any living or sleeping quarters by
complete partitioning and solid, self - closing doors.
I
S ubsection 4: An imals Live animals, including birds and turtles,
shall be excluded from within the food service operational premises and from
adjacent areas under the control of the permit holder. This exclusion does
not apply to edible fish, crustacea, mollusks, or to fish in aquariums.
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Patrol dogs accompanying security or police offiers, or guide dogs accom-
panying blind persons or deaf persons shall be permitted in dining areas.
Subsection S: Dressing Rooms If employees routinely change clothes
within the establishment, rooms or areas shall be designated and used for
that purpose. Those designated rooms or areas shall not be used for food
preparation, storage or service, or for utensil washing or storage.
Subsection 6: Locker Areas Adequate lockers or other suitable facili-
ties shall be provided and used for the orderly storage and security of
employee clothing and other belongings. Lockers or other suitable
facilities may be located only in the designated and approved dressing rooms
or in food storage rooms or areas containing only completely packaged food
or packaged single - service articles.
Subsection 7: Laundry Facilities
A. Laundry facilities in a food establishment shall be restricted to
the washing and drying of linens, cloths, uniforms and aprons necessary
to the operation. If such items are laundered on the premises, an
electric or gas dryer shall be provided and used.
B. Separate rooms shall be provided for laundry facilities except
that such operations may be conducted in storage rooms if properly
segregated from food or packaged single- service articles.
Subsection 8: Linen and Clothes Storage
A. Clean clothes and linens shall be stored in a clean place and pro-
tected from contamination until used.
B. Soiled clothes and linens shall be stored in non - absorbent con-
tainers or washable laundry bags until removed for laundering.
Subsection 9: Cleaning Equipment Storage Maintenance and cleaning tool
such as brooms, mops, vacuum cleaners and similar equipment shall be maintairi
and stored in a way that does not contaminate food, utensils, equipment, or
linens and shall be stored in an orderly manner for the cleaning of that
storage location. They shall not be stored in food preparation, food service,
or utensil working areas.
SECTION XXI ITINERANT FOOD ESTABLISINENTS kND CATERING 1`0 frlllC
Itinerant food establishments and catering food vehicles shall comply
with alI applicable provisions of this ordinance and , hall be operated in an
approved manner. The Health Authority may waive specific for
I'll sisal facilities, when in the opinion of the liralth Autly rity suitable
su "titutes which are provided will not result in an l',ralt?:
hazard. The Health Authority may limit the sale or giving :i-:iv of so^ie or
alI Iu hazardous foods. Before corbnencingolwratuoas Uf any
kind, the licensee hereunder shall notify the Health Authority that such
food establishment is ready for final inspection, and the Health Authority
s 11411 immediately make an inspection and issue a report thereon, and no
itinerant food establishment or catering food vehicle shall cosMence
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operations until the requirements of this ordinance have been met in
accordance with the Health Authority's final inspection reports.
SECTION XXII MISREPRESENTATION OF FOOD
It shall be unlawful for the licensee of any food establishment to in
any way misrepresent food or beverages offered to the public. Practices which
constitute misrepresentation shall include but are not limited to the sale
of adulterated food; substitution of food items of lesser quality, or
different from food items advertised; making statements giving incorrect
or deceptive points of origin; making misleading statements of size, number,
weight or price; and not meeting standards of identity defined by Federal
and State laws for certain foods.
4' SECTION XXIII MINNESOTA CLEAN INDOOR AIR ACT
The licensee of every food establishment shall make adequate provisions
i to meet the requirements of the Minnesota Clean Indoor Air Act and the
Minnesota regulations pertaining thereto.
I '
SECTION XXIV INDUSTRY SELF - SURVEY AND TRAINING RESPONSIBILITY
Every licensee of a food establishment shall arrange for and maintain
a program of sanitation self- inspection conducted by the owner, manager,
sanitation supervisor, or designated agent. Said self- inspection program
shall be approved by the Health Authority. The Health Authority may require
a licensee to maintain in employment an owner, manager, sanitation super-
visor or designated agent approved by the Health Authority who can
demonstrate knowledge and proficiency in the prevention of food -borne
illness and approved food sanitation practices and techniques. Such know-
ledge and proficiency may be demonstrated by maintaining written policies
or guidelines for food preparation and equipment or utensil cleansing or
such other means as approved by the Health Authority.
SECTION XXV SEPARABILITY
If any provision or application of any provision of this ordinance is
held invalid, that invalidity shall not affect other provisions or applica-
tions of this ordinance.
SECTION XXVI PENALTY
i Any person violating a provision of this ordinance shall be guilty of
I{ a misdemeanor and upon conviction thereof shall be punished pursuant to
Hennepin County Ordinance No. 1.
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Licenses to be approved by the City Council on July 9, 1984
y,f
AMUSEMENT DEVICE - OPERATOR LICENSE -�
Beacon Bowl 6525 Lyndale Ave. N.
Farrell's 5524 Brooklyn Blvd.
Ground Round Restaurant 2545 County Road 10
Wrights 5800 Shingle Cr. Pkwy. Ate__
of of Police
AMUSEMENT DEVICE - VENDOR LICENSE
Dalco Music _ 119 State St.
Punkin Vending 3511 82nd Ave. N.
Theisen Vending Co. 3804 Nicollet Ave. S.
C i of o ice
FOOD ESTABLISHMENT LICENSE
Interstate United
Northwestern Bell 5910 Shingle Cr. Pkwy. �. .
Sanitarian
GARBAGE AND REFUSE VEHICLE LICENSE
Bautch Disposal Service 10264 Xylite St. NE
Big Garbonzo 15238 Central Ave. NE
Brooklyn Disposal, Inc. 7858 191st Ln. NW
Crosstown Sanitation 10110 38th Ave. N.
Waste Control 95 W. Ivy St.
Waste Management 10050 Naple St. NE
Art Willman & Son 62 26th Ave. N.
0 Sanitarian
MECHANICAL SYSTEMS LICENSE
D & D Anderson Heating R. R. 4 Box 254
Merit H.V.C. Inc. 13588 70th Ave. N.
Rainbow Mechanical 7241 Co. Rd. 116 ID
!U!!Tjg O ficial
NONPERISHABLE VENDING MACHINE LICENSE
ARA 2830 N. Fairview
Open Systems 2700 Freeway Blvd.
Coca Cola 1189 Eagan Ind. Rd.
Union 76 6901 Brooklyn Blvd.
Miernik Vending 7258 Commerce Circle
Earle Brown Apts. 1701 69th Ave. N.
4nitarian
GENERAL APPROVAL.
Gerald G. Splint , City Clerk
t;�